Loading...
HomeMy WebLinkAbout10-10-2006 City Council Minutes MINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 10,2006 ****************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5 :00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: BUCKLEY, HICKMAN (Councilmember Hickman arrived at 4:13 p.m.) Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Community Development Director Preisendanz, Lake & Aquatic Resource Director Kilroy, Information/Communications Manager Dennis, City Engineer Seumalo, Recreation/Tourism Manager Fazzio, Building & Safety Manager Chipman, Planning Manager Weiner, City Treasurer Weber 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 Noo_ Page 1 of 50 Page 2 - City Council Meeting Minutes - October 11,2006 INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: HICKMAN (Councilmember Hickman arrived at 7:05 p.m.) Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Community Development Director Preisendanz, Lake & Aquatic Resources Director Kilroy, City Engineer Seumalo, Building & Safety Manager Chipman, Information/Communications Manager Dennis, Planning Manager Weiner, Chief of Police Fetherolf, Fire Chief Gallegos, City Treasurer Weber and City Clerk Ray. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to subdivision (b) of Gov't Code 9 54956.9: (1 potential case) PRESENTATION/CEREMONIALS A. Proclamation - National Breast Cancer Awareness Month. Mayor Magee called Dr. Laura Robert forward to join him at the podium. Mayor Magee read and presented the Proclamation to Dr. Robert. Dr. Robert thanked the Mayor and City Council for the Proclamation. She encouraged everyone who was a woman to have annual Breast Cancer screenings. She noted that her facility, Lake Elsinore Family Care Center on Lakeshore Drive, offers free breast cancer screenings to women age 40 and older. Agenda Item No._ Page 2 of 50 Page 3 - City Council Meeting Minutes - October 10,2006 B. Proclamation - Beth DeCou Mayor Magee called Community Service Officer Beth DeCou along with other Law Enforcement members forward to join him at the podium. Mayor Magee noted that the City was recognizing Community Service Officer DeCou for her outstanding service to the community. He read and presented the Proclamation to Community Service Officer DeCou. Community Service Officer DeCou thanked the Council and the community for the Proclamation. She thanked Chief of Police Fetherolf for his support. She thanked the other Law Enforcement members for their additional support. Chief of Police Fetherolf commented on Community Service Officer DeCou's award and how they were very proud of her. He noted some of her accomplishments. Mayor Magee noted that Law Enforcement was always out protecting and serving the community. He thanked Community Service Officer DeCou for her efforts. C. Business of the Quarter - EI Ranchito Taco Shop. Mayor Magee called Ray Moon, owner ofEl Ranchito Taco Shop, forward to join him at the podium. Mayor Magee noted that he was recognizing Ray and Martha Moon as outstanding Business of the Quarter for 2006. He noted that their business had been in the community for over 17 years. He commented that they were good for the business community. He noted that Mr. and Mrs. Moon have been highly involved in the community. Mr. Moon thanked the Mayor and City Council for the award. He noted that the Council was doing a good job. Agenda Item No,_ Page 3 of 50 Page 4 - City Council Meeting Minutes - October 10,2006 PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Ken Niemi, Lake Elsinore Hang Gliding, noted that he was a hang glider pilot. He noted that keeping the sport alive was important to the economy and the community. He invited the Council to the Lake Elsinore Hang Gliding Landing Zone. He noted that securing the landing zone was important to the sport. Pete Dawson commented on Ordinance No. 1192. He noted that the u.s. Coastguard Auxiliary stood ready to assist in any disaster situation. He further noted that the Lake Elsinore Marine Search and Rescue also stood ready to assist as needed. Dori Dixon, Lake Elsinore Rotary Club, commented on their 4th annual Arts and Wine Festival on October 14th. She noted that Mike Metzger would be doing a guest appearance. She invited the City Council to the event. She noted that local artists would be in attendance. Pat Clary, Lake Elsinore Rotary Club, thanked the Council for allowing the event to take place. Donna Franson, Lake Elsinore Citizen's Committee, commented that the Candidates Forum would be on October Ith at 7 p.m. at the Lakeside High School Cafe. She noted that the next quarterly meeting will be in late January. She noted that the attendance of the Council, Planning Commission and Law Enforcement was highly appreciated by the community. Loraine Watts, NAACP, noted that one of her concerns had to do with street sweeping. She inquired if only one side of the street could be swept per day in order to allow parking for out-of-town visitors. She noted that the NAACP branch was holding their 1 st Multi-Cultural Relationship Development Forum on October 25th at the Cultural Center. She noted that their NAACP Branch Meeting would be held on October 28th at 11 a.m. at the Lake Elsinore Library. CONSENT CALENDAR ITEMS MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. Ratified Warrant List for September 28, 2006. Agenda Item Noo_ Page 4 of 50 Page 5 - City Council Meeting Minutes - October 10,2006 2. Approved the agreement with Southwest California Economic Alliance. Authorized the Mayor to execute the agreement. 3. Approved Engineer's Report for LLMD No.1. Adopted Resolution No. 2006-167 declaring the Intention to increase assessments for LLMD No.1. Scheduled the public hearing on the assessment increase for November 28, 2006. 4. Approved Deposit and Reimbursement agreement. Adopted Resolution No. 2006-168 establishing CFD No. 2006-8 and calling a public hearing for November 28, 2006. Adopted Resolution No. 2006-169 to incur bonded indebtedness. 5. Authorized the City Attorney to make aforementioned revisions to Resolution No. 2006-140 and Resolution No. 2006-156 prior to signing the documents and placing them on file with the City Clerk. 6. Approved Change Order No. 1 reducing cost by $31,256.64. Authorized the City Manager to execute Change Order No.1 with R. J. Noble Company. 7. Authorized the Mayor to enter into a cooperative agreement with Caltrans for the reimbursement of funds in the amount of $120,000 for the Ortega Highway and Grand Avenue Intersection Improvement Project. 8. Adopted Resolution No. 2006-170 approving the application for grant funds (Proposition 50). 9. Approved Final Map No. 32991 for Condominium purposes. Authorized the City Clerk to accept all dedications, sign the map and arrange for the recordation. Agenda Item No._ Page 5 of 50 Page 6 - City Council Meeting Minutes - October 10,2006 PUBLIC HEARINGS 21. Commercial Design Review No. 2006-04 - Medical & Professional Office Buildings. Community Development Director Preisendanz commented on the item. He noted that the project was located on the south side of Canyon Estates Drive. He noted that the Planning Commission unanimously recommended approval of the item. Michael O'Neal, Planning Commission, noted that the Planning Commission concurred with staffs recommendation on the project and encourages Council to adopt both resolutions. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-171 MAKING FINDINGS OF CONSISTENCY WITH THE MSHCP. Councilmember Hickman inquired if Canyon Estates drive was scheduled to be widened. City Manager Brady indicated that an additional right-of-way was going to be dedicated as part of the project. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-172 APPROVING COMMERCIAL DESIGN REVIEW NO. 2006-04. GENERAL CONDITIONS PLANNING 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 providedfor in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will Agenda Item No._ Page 6 of 50 Page 7 - City Council Meeting Minutes - October 10,2006 promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 2. Approval for Commercial Design Review No. 2005-08 will lapse and be void unless building permits are issued within one (1) year following the date of approval. 3. Any alteration or expansion of a project for which there has been a ''Design Review" approval as well as all applications for modification or other change in the conditions of approval of a "Design Review" shall be reviewed according to the provisions of Chapter 17.82 in a similar manner as a new application. 4. No structure which has received a ''Design Review" or "Minor Design Review" approval shall be occupied or used in any manner or receive a Certificate of Occupancy until the Director of Community Development has determined that all Conditions of Approval have been complied with. 5. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 6. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. 7. Applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approved days and hours of construction activity and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division at (951) 674-3124. (Added by Planning Commission 9-19-06) 8. Applicant shall comply with all mitigation measures associated with the Environmental Impact Report for the Canyon Creek Specific Plan and Agenda Item No,_ Page 7 of 50 Page 8 - City Council Meeting Minutes - October 10,2006 Mitigated Negative Declaration for Canyon Creek Specific Plan Amendment No. 1 as applicable. 9. Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 10.All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any material covering the roof equipment shall match the primary wall color. l1.All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets. All light fixtures shall compliment the architectural style of the building. 12.Applicant shall comply with all ADA (Americans with Disabilities Act) requirements. 13. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee prior to issuance of Certificate of Occupancy. 14.No exterior roof ladders shall be permitted. 15.All exterior downspouts shall be concealed within the building. 16. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a cash bond processed through the Planning Division. 17.Materials and colors depicted on the plans and materials board shall be used unless modified by the Director of Community Development or designee. The colors and materials include the following: Upper Field Color Vista Paint 8592 "Fresh Sawdust" Lower Field Color Vista Paint 8599 "Brighton Beach" Agenda Item Noo_ Page 8 of 50 Page 9 - City Council Meeting Minutes - October 10,2006 Storefront Green Tint with Anodized Aluminum Frame 18. On-site surface drainage shall not cross sidewalks. 19. Parking stalls shall be double-striped with four-inch (4") lines two feet (2 ') apart. 20.All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. Prior to Issuance of Building/Grading Permit: 21. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 22. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance ofbuilding permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval. a. All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b. All planting areas shall be separatedfrom paved areas with a six inch (6") high and six inch (6") wide concrete curb. c. Planting within fzfteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). d. Applicant shall plant street trees, selectedfrom the City's Street Tree List, a maximum of thirty feet (30) apart and at least twenty-four-inch (24'') box in size. e. Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. Agenda Item Noo_ Page 9 of 50 Page 10 - City Council Meeting Minutes - October 10,2006 f Shrubs and vines shall be planted around the onsite trash enclosure to soften the structure. The landscape and irrigation plan shall be revised accordingly. g. The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. Thirty percent of shrubs required on slopes shall be jive-gallon container size. h. All landscape improvements shall be bonded 100% for material and labor for two years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance by the Landscape Consultant and Community Development Director or Designee. l. All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. Final landscape plan must be consistent with approved site plan. j. Final landscape plans to include planting and irrigation details. k. The African Sumac trees proposed around the perimeter of the onsite parking lot shall be replaced with a variety of tree that has a wider canopy at maturity such as a Camphor Tree. Please revise jinallandscape plan accordingly. 23.Prior to issuance ofbuilding permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 24. Decorative light fixtures shall be placed within the onsite parking lot. The fixtures shall be ADA compliant and shall compliment and enhance the architectural style of the buildings onsite. The specific fixture type shall be reviewed and approved by the Community Development Director or designee an~ shall be shown on the construction drawings. ENGINEERING DEPARTMENT Agenda Item Noo_ Page 10 of 50 Page 11- City Council Meeting Minutes - October 10,2006 General Requirements: 25.A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existingflow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 26.Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 27.All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30ft. in height shall be contoured. 28.An Encroachment Permit shall be obtained prior to any work on City right-ol-way. 29. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the property owner or his agent. Overhead utilities shall be undergrounded. 30. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. 31. The applicant shall install permanent bench marks per Riverside County Standards and at locations to be determined by City Engineer. 32. Provide fire protection facilities as required in writing by Riverside County Fire. 33. Applicant shall pay all applicable developmentfees, including but not all inclusive: TUMF, TIF, Railroad Canyon Road Benefit District Fees, and area drainage fees. Agenda Item No,_ Page 11 of 50 Page 12 - City Council Meeting Minutes - October 10,2006 34. Ten 10 year storm runoff shall be contained within the curb and the 100 year storm runoff shall be contained within the street right-of-way. When either of these criteria is exceeded, drainage facilities shall be provided. 35.All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. 36.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 %" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 3 7. Slopes and landscaping along Canyon Estates Drive including within public right-of-way shall be maintained by property owner's association. 38.All open space and slopes exceptfor public parks and schools andflood control district facilities, outside the public right-of-way shall be owned and maintained by property owner's association. 39.In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 40. On-site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a letter of drainage acceptance, or conveyed to a drainage easement. 41.All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 42. Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain to a landscaped area. 43.Applicant shall comply with all NPDES requirements in effect; including the submittal of a Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. The Agenda Item No._ Page 12 of 50 Page 13 - City Council Meeting Minutes - October 10,2006 requirements of WQMP may affect the overall layout of the project. Therefore, WQMP submittal should be during the initial process of the project. 44. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, Pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. (Required for lot of one acre or more) 45.Applicant shall provide BMP's that will reduce storm water pollutants from parking areas and driveway aisles. (Requiredfor lot of one acre or more) 46. City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances prohibit the discharge of waste into storm drain system or local surface waters. This includes non-storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, What You Should Know" describing preventing measures are available at City Hall. PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, or waterways -without Regional Water Quality Control Board permit or waver - is strictly prohibited by local ordinances and state and federal law. Prior to Approval of final site plan and grading plan, unless other timing is indicated, the applicant shall complete the following or have plans submitted and approved, agreements executed and securities posted: 47. The applicant shall dedicate 2' of additional right-ol-way on Canyon Estates Drive such that the ultimate right-ol-way width to centerline is 45 feet. Canyon Estates shall be widened to meet General Plan street of 35 feet from centerline to curb face. In-lieu fee based on recent engineer's estimate may be substituted for construction of ultimate improvements as approved by the City Engineer. Agenda Item No,_ Page 13 of 50 Page 14 - City Council Meeting Minutes - October 10,2006 48. The driveway access shall be widened to provide two lanes for egress (right and lefi/thru). Median nose shall be located out of public r/w. The queing storage for entrance to the site shall be at least 50 feet from the ultimate curbline of Canyon Estates Drive. 49. Sidewalk improvements shall include ADA ramps at curb returns. 50. The applicant shall provide a revised signing and striping plan for Canyon Estates Drive, from Ridgecrest/project access to Franklin. 51. The applicant shall provide a traffic study. The study shall be per County guidelines and scope of work approved by the City. The study's recommended traffic improvements, if approved by the city, shall be completed by the applicant as part of this project. Prior to Issuance of a Grading Permit: 52. Submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer. Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. 53. The grading plan shall show that no structures, landscaping, or equipment are located near the project entrance that minimizes sight distance standards. 54. Construction Project access and hauling route shall be submitted and approved by the City Engineer, 55. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 56.An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 57. The applicant shall obtain all necessary off-site easements and/or permits for off-site grading and/or drainage acceptance from the adjacent property owners prior to grading permit issuance. Agenda Item No,_ Page 14 of 50 Page 15 - City Council Meeting Minutes - October 10,2006 58.Applicant to provide erosion control measures as part of their grading plan. The applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NP DES Drainage Area Management Plan. 59.Applicant shall provide the city with proof ofhis havingfiled a Notice of Intent with the Regional Water Quality Control Boardfor the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a sWPPP for post construction, which describes BMP's that will be implemented for the development including maintenance responsibilities. The applicant shall submit the SWPPP to the City for review and approval. Prior to Issuance of Building Permit: 60.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 61. Submit a "Will Serve" letter to the City Engineering Divis ion from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location, such as water pressure and volume etc. Submit this letter prior to applying for a building permit. 62. The applicant shall show that no structures, landscaping, or equipment are located near the project entrance that minimizes sight distance standards. 63.Pay all Capital Improvement TIp, Railroad Canyon Benefit District Fees, and Master Drainage Fees and Plan Checkfees (LEMC 16.34). Prior to Occupancy: 64. Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off-site public works improvements (LEMC12.08, Res.83-78). Allfees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. Agenda Item No._ Page 15 of 50 Page 16 - City Council Meeting Minutes - October 10,2006 65.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of off-site improvements will be scheduled and approved. 66. All public improvements shall be completed in accordance with the approved plans to the satisfaction of the City Engineer. 67.All signing and striping and traffic control devices shall be installed. This includes Street Name Signs, Parking and Stop signs, for streets within the project. 68. Water and sewer improvements shall be completed in accordance with Water District requirements. 69. Proof of acceptance of maintenance responsibility of slopes, open spaces, and drainage facilities shall be provided. 70. TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time when the Certificate of Occupancy is obtained. COMMUNITY DEVELOPMENT DEPARTMENT 71. The applicant shall pay park fees of $0.10 per square foot for all interior commercial/industrial space. 72. The applicant shall comply with all NPDES storm water requirements. 73. The applicant shall participate in the City-wide LLMD. 74. The applicant shall annex into LLMD District 1 for all exterior landscaping to be maintained by the City. 75.Developer to comply with all City Ordinances regarding construction debris removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code. Agenda Item No._ Page 16 of 50 Page 17 - City Council Meeting Minutes - October 10, 2006 RIVERSIDE COUNTY FIRE DEPARTMENT 76. The applicant shall comply with all Riverside County Fire Department conditions and standards. BUILDING AND SAFETY DEPARTMENT 77.ADA Path of Travel to the public right-ol-way shall be completed prior to issuance of Certificate of Occupancy. ADMINISTRATIVE SERVICES 78. "Prior to issuance of a building permit, the developer shall annex into the Mello-Roos Community Facilities District 2006-5 to fund the on-going operation and maintenance of the new parks, open space and public storm drains constructed as a result of the development and federal NP DES requirements to offset the annual negative fiscal impacts of the project. Applicant shall make a $4,200 non-refundable deposit to cover the cost of the annexation process. Contact Dennis Anderson, Harris & Associates at (949) 655-3900 x334 or danderson@harris-assoc.com. " 79. "Prior to the issuance of a building permit, the developer shall annex into Lighting and Landscape Maintenance District No.1 to offset the annual negative fiscal impacts of the project on public right-ol-way landscaped areas to be maintained by the City and for street lights in the public right- ol-way for which the City will pay for electricity and a maintenance fee to Southern California Edison. Applicant shall make a $4,700 non-refundable deposit to cover the cost of the annexation process. Contact Dennis Anderson, Harris & Associates at (949) 655-3900 x334 or danderson@harris-assoc.com. " 22. Industrial Design Review No. 2006-01 for a proposed industrial building located at 570 3rd Street. Community Development Director Preisendanz commented on the item. He noted that the proposed project was an infill development surrounded by similar buildings. He noted that the Planning Commission recommended approval. Agenda Item No._ Page 17 of 50 Page 18 - City Council Meeting Minutes - October 10,2006 Michael O'Neal, Planning Commission, noted that the Planning Commission concurred with staff s recommendation. Mayor Magee opened the public hearing at 7:33 p.m. Councilmember Buckley commented on the elevation of the project. He noted that the south end of the project needed additional plants. He suggested adding additional trees. Community Development Director Preisendanz noted that it could be added in as a Condition of Approval. MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-173 MAKING FINDINGS OF CONSISTENCY WITH THE MSHCP. MOVED BY BUCKLEY, SECONDED BY HICKMAN TO ADOPT RESOLUTION NO. 2006-174 WITH A CONDITION THAT THE SOUTH ELEVATION LANDSCAPE BE MODIFIED SUBJECT TO STAFF REVIEW. SCHIFFNER MADE THE FOLLOWING SUBSTITUTE MOTION: MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT RESOLUTION NO. 2006-174 APPROVING INDUSTRIAL DESIGN REVIEW NO. 2006-01 AS IT HAD BEEN SUBMITTED. Mayor Magee commented on Condition of Approval No. 38 regarding landscaping. He commented on Item "d" of that section and suggested that the trees be placed 20 feet apart or that the size be upgraded to a 36" box. He noted that would incorporate Councilmember's Buckley's request. He noted that it would also provide specific direction for the applicant. SCHIFFNER MADE THE FOLLOWING AMENDED MOTION: MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 3-2 WITH BUCKLEY AND HICKMAN ABSTAINING TO ADOPT RESOLUTION NO. 2006-174 APPROVING INDUSTRIAL DESIGN REVIEW NO. 2006-01 WITH A MODIFICATION TO CONDITION OF APPROVAL NO. 38, "D", TO ALLOW FOR THE AL TERNA TIVE OF PLACING THE TREES EITHER 20 FEET APART WITH AT LEAST A 24" Agenda Item Noo_ Page 18 of 50 Page 19 - City Council Meeting Minutes - October 10, 2006 BOX SIZE OR 30 FEET APART WITH AT LEAST 36" BOX SIZE TREES. GENERAL CONDITIONS PLANNING 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 providedfor in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 2. Approvalfor Industrial Design Review No. 2006-01 will lapse and be void unless building permits are issued within one (1) year following the date of approval. 3. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 4. The applicant shall comply with Section 17.78 (Noise Control) of the LEMC. 5. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. 6. Any alteration or expansion of a project for which there has been a ''Design Review" approval as well as all applications for modification or other change in the conditions of approval of a "Design Review" shall be Agenda Item No,_ Page 19 of 50 Page 20 - City Council Meeting Minutes - October 10, 2006 reviewed according to the provisions of Chapter 17.82 in a similar manner as a new application. 7. Any revisions to the interior floor plans that could cause the requirement for additional parking shall be subject to the review and approval of the Community Development Director or designee. 8. No structure which has received a "Design Review" or "Minor Design Review" approval shall be occupied or used in any manner or receive a Certificate of Occupancy until the Director of Community Development has determined that all Conditions of Approval have been complied with. 9. Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 1 O.All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any material covering the roof equipment shall match the primary wall color. 11.All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets. All light fixtures shall compliment the architectural style of the building. 12.Allloading zones shall be clearly marked with yellow striping and shall comply with the requirements of the LEMC. 13.Applicant shall comply with all ADA (Americans with Disabilities Act) requirements. 14.No exterior roof ladders shall be permitted. 15.All exterior downspouts shall be concealed within the building. 16. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a cash bond processed through the Planning Division. Agenda Item No,_ Page 20 of 50 Page 21- City Council Meeting Minutes - October 10, 2006 17.Materials and colors depicted on the plans and materials board shall be used unless modified by the Director of Community Development or designee. 18. On-site surface drainage shall not cross sidewalks. 19.Parking stalls shall be double-striped with four-inch (4") lines two feet (2 ') apart. 20.All trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee prior to issuance of Certificate of Occupancy. 21.All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. 22.All parking spaces adjacent to the proposed loading dock shall have wheel stops. 23.All drive aisles and loading areas shall be kept free and clear of any materials/merchandise so as to not obstruct onsite circulation and deliveries. 24.If the applicant proposes an exterior mailbox, he/she shall submit elevations to be reviewed and approved by the Community Development director or designee. 25.Splitface block shall be used on all proposed walls and shall match the color of all existing walls. 26. The applicant shall utilize a bio-retention system for NP DES compliance that shall be fully landscaped. 27.All Conditions of Approval shall be met prior to issuance of Certificate of Occupancy. 28.Prior to the issuance of a grtlding permit, the applicant shall sccure a maintenance agr-ccment with the adjacent property owncr locatcd along the north interior property line. If a maintenance agrccmcnt cannot be Agenda Item No,_ Page 21 of 50 Page 22 - City Council Meeting Minutes - October 10,2006 asccrtaincd, thc applioant shall rclooatc thc b'blilding fh'c fect (5') off thc propcrty linc for maintenanoc p'blrposos. (Deleted by Planning Commission on 10/3/06) 29. The applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approved days and hours of operation and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674-3124. Prior to Issuance of Building Permit: 3D.Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 31.Prior to the issuance of a building permit, the applicant shall submit elevations for a decorative solid roof over all trash enclosures. The decorative solid trash enclosure roof shall be reviewed and approved by the Community Development Director or designee. 32.Prior to the issuance of building permits, the applicant shall revise the landscape plan to indicate that all onsite trees will be a minimum of twenty-four inch (24") box in size. 33.Prior to the issuance of building permit, the applicant shall revise the site/landscape plan to indicate that all required parking lot trees shall be located at the end of all planting beds. 34.Prior to the issuance of a building permit, the applicant shall revise the site/elevation plan to indicate that the safety railing along the loading dock extends to the end of the loading dock curbing so that it ends at grade level. 35. The applicant shall incorporate a decorative architectural element to be located on the front (west) elevation wall directly adjacent to and below the front windows and sign envelope. All proposed architectural elements shall be reviewed and approved by the Community Development Director or designee, prior to the issuance of building permits. Agenda Item No._ Page 22 of 50 Page 23 - City Council Meeting Minutes - October 10,2006 36.Prior to the iSS'bt6lnCe of a building pcrmit, the applicant shall submit elevations of the twenty four foot (24 ') sliding security gate to be rc';icwed by thc Community Dc';clopment director or designec. Chain link fencing will not bc parmitrod. (Deleted by Planning Commission on 10/3/06) 37. The applicant shall install a decorathlc wall pct1irn and pilastcr that connects to thc sliding twcnty fow foot (24') security gate that is }'isiblc from 3M strcet. Thc ',vall rctblrn clc';ations arc to bc revicwed and ClpfJro'v'ed by thc Community Development Director or designce, prior to the iss'btancc of a building pcrmit. (Deleted by Planning Commission on 10/3/06) 38.Prior to the issuance of a building permit, the applicant shall revise the site plan to indicate that all proposed walls are located off the property line or submit a notarized letter indicating that all adjacent property owners agree to having the placement of all proposed walls on the property line. 39. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance ofbuilding permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval. a. All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b. All planting areas shall be separatedfrom paved areas with a six inch (6'') high and six inch (6'') wide concrete curb. c. Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36''). d. The applicant shall plant street trees, selected from the City's Street Tree List, a maximum ofthirtyfcct (30) ClfJart and at least twenty fo'btr inch (24'') box in sizc with 36" box size trees planted a maximum of thirty-feet (30') apart or 24" box size trees planted a maximum of twenty-feet (20') apart. (Condition modified by City Council on 10/10/06) Agenda Item No._ Page 23 of 50 Page 24 - City Council Meeting Minutes - October 10,2006 e. Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. f Shrubs and vines shall be planted around the onsite trash enclosure to soften the structure. The landscape and irrigation plan shall be revised accordingly. g. The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. Thirty percent of shrubs required on slopes shall be five-gallon container size. h. All landscape improvements shall be bonded 100% for material and labor for two years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance by the Landscape Consultant and Community Development Director or Designee. i. All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. Final landscape plan must be consistent with approved site plan. J. Final landscape plans to include planting and irrigation details. 40.Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 41.Decorative light fixtures shall be placed within the onsite parking lot. The fixtures shall be ADA compliant and shall compliment and enhance the architectural style of the buildings onsite. The specific fzxture type shall be reviewed and approved by the Community Development Director or designee and shall be shown on the construction drawings. 42.Prior to the issuance of a building permit, the applicant shall pay park-in- lieu fee in effect at time of building permit issuance. Agenda Item No,_ Page 24 of 50 Page 25 - City Council Meeting Minutes - October 10, 2006 43. The Multiple Species Habitat Conservation Fee (MSHCP) shall be due upon issuance of a building permit. 44.Prior to the issuance of a building permit, the applicant shall provide assurances that all requirements of the Riverside County Flood Control and Water Conservation District have been met. 45.Prior to the issuance of a building permit, the applicant shall submit a revised site plan showing a continuous split-face block wall extending west from the existing wall along the southern property line ceasing approximately eighty-two feet (82 ') back from the front property line. In addition, a decorative block pilaster with cap shall be erected at the terminus of the wall. The design and materials used for the wall shall be reviewed and approved by the Community Development Director or designee. (Condition added by Planning Commission on 10/3/06) ENGINEERING DEPARTMENT General Requirements: 46.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 47. The applicant shall pay all Capital Improvement and Plan Checkfees (LEMC 16.34, Resolution 85-26). 48.Prior to the issuance of a building permit, the applicant 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. 49.All arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the property owner or his agent. 50. The proposed development shall be designed to allow for truck turning movements on site as well as onto the site. The applicant shall show truck turning templates on driveways and loading areas. The applicant shall Agenda Item No._ Page 25 of 50 Page 26 - City Council Meeting Minutes - October 10,2006 provide, in writing, approval of fire protection access and facilities as required by Riverside County Fire Department. 51. The applicant shall pay all fees and meet the requirements of a encroachment permit issued by the City of Lake Elsinore Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83-78). + 52.All compaction reports, grade certifications (with tie notes delineated on 8 1/2" x11 Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 53.All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 54.All improvement plans and parcel or tract maps shall be digitized. Prior to approval of tract or parcel map, and street improvement plans by City Engineer applicant shall submit digitizedfiles compatible with the City's Arc Info/GIS or pay $1000 per sheetfor city to digitize. Grading: 55. The developer/applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 56. The applicant shall apply and obtain a grading permit with appropriate security prior to any grading activity. 57.A grading plan stamped/signed by a California Registered Civil Engineer is required if the grading exceeds 50 cubic yards and the existingflow pattern is substantially modified as determined by the City Engineer. The grading plan shall show volumes of cut andfill, adequate counters and/or spot elevations of the existing ground as surveyed by a licensed surveyor or civil engineer. All contours shall extendto minimum of 15 feet beyond property lines to indicate existing drainage pattern. The applicant/developer shall apply and obtain a grading permit with appropriate security prior to grading permit issuance. Agenda Item Noo_ Page 26 of 50 Page 27 - City Council Meeting Minutes - October 10,2006 58. The applicant shall provide soils, geology and seismic report, as part of this report address the requirement of the Alquist-Priolo Earthquake Fault Zoning Act. The applicant shall provide final soils report showing compliance with recommendations. 59.In accordance with the City's Franchise Agreementfor 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. 60. The applicant is to provide erosion control measures as part of their grading plan. The applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 61.All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. 62. This property is within Zone AO of Temescal Wash, with flood depth of one to three feet of sheet flow on sloping terrain; the final floor elevation shall be one foot above potential 1 00 year flood elevation, which city recommends to be assumed as 3 feet above the FEMA 's Flood Insurance Rate Mapflood elevation of 1262. Drainage: 63.All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 64. The applicant shall meet all requirements of LEMC 15.64 regardingflood hazard regulation. 65. The applicant shall meet all requirements of LEMC 15.68 regarding flood plain management 66. The applicant shall submit Hydrology and Hydraulic Reports per Riverside County Flood Control District for review and approval by City Engineer. Agenda Item No._ Page 27 of 50 Page 28 - City Council Meeting Minutes - October 10, 2006 The developer/applicant shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 67.All drainage facilities in this project shall be constructed according to Riverside County Flood Control District Standards. 68.Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 69. The applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Boardfor the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a sWPPP for construction period and a project- specific WQMP for post construction including its maintenance implementation. The project-specific WQMP shall demonstrate that discharge flow rates, velocities, duration, and volume, for the post construction condition, from a -2-year and 10-year, 24-hour rainfall event will not cause significant adverse impacts on downstream erosion and receiving waters, or measures are implemented to mitigate significant adverse impacts to downstream public facilities and water bodies. 70. The applicant/developer shall use Site Design BMPs such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge areas, and conserving natural areas, and allow runoff to sheet-flow through landscaped swales or natural drainage channels. 71. The applicant/developer shall provide first flush BMP's using the best available technology that will reduce storm water pollutants prior to entering into outside street drainage facilities (MS4). 72. The project-specific WQMP shall provide measures to minimize the impact from the Pollutants of Concern and Hydrologic Conditions of Concern identified for the Project. Where Pollutants of Concern include pollutants that are listed as causing or contributing to impairments of Receiving Waters, BMPs must be selected so that the project does not cause or contribute to an exceedance of water quality objectives. The WQMP shall incorporate the applicable Source Control, and treatment Control BMPs Agenda Item No._ Page 28 of 50 Page 29 - City Council Meeting Minutes - October 10,2006 as described in the Santa Ana River Region WQMP and provide information regarding design considerations, and the long-term operation and maintenance requirements for BMPs requiring long-term maintenance, as well as the mechanism for funding the long-term operation and maintenance of the BMPs requiring long-term maintenance. 73.Prior to issuance of any building or grading permits, the property owner shall record a "Covenant and Agreement" with the County-Clerk Recorder to inform future property owners of the requirement to implement the approved project-specific WQMP. The project applicant shall cause the approved final project-specific WQMP to be incorporated by reference or attached to the project's Storm Water Pollution Prevention Plan as the Post-Construction Management Plan. 74.Education guidelinesfor Water Quality Management Practices (WQMP) shall be provided to the tenants, operators and owners of the businesses of the development, regarding the environmental awareness on good housekeeping practices that contribute to protection of storm water quality and meet the goals of the WQMP in the Riverside County NPDES Drainage Area Management Plan. 75.Prior to building permit close-out or the issuance of a certificate of occupancy or certificate of use, the applicant shall: A- Demonstrate that all structural BMPs described in the project-specific WQMP have been constructed and installed in conformance with approved plans and specifications,' B- Demonstrate that applicant is prepared to implement all non-structural BMPs described in the approved project-specific WQMP,' and C- Demonstrate that an adequate number of copies of the approved project- specific WQMP are available for the future owners/occupants. 76. The applicant/developer shall pay Master Planned Drainage fees of $7,155.00 per gross acre of the lots, a total of$ 7, 226 (Third Street District.) Street Improvements: Agenda Item No,_ Page 29 of 50 Page 30 - City Council Meeting Minutes - October 10,2006 77. The street shall be improved from property line to the existing curb within the limits of the property's frontage on Third Street. The improvements shall include parkway landscaping as required by city engineer. 78. The developer/applicant shall pay all fees and meet requirements of encroachment permit issued by the City of Lake Elsinore Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83-78). 79.All compaction reports, grade certifications shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. Fees: 80. The developer/applicant shall pay all Capital Improvement and Plan Checkfees (LEMC 16.34). Pay Master Drainage Fee, prior to issuance of grading permit and TIF and TUMF and Kangaroo Rat Fee fees prior to issuance of building permit, the following is the current fee schedule: Master Drainage Plan Feefor Third Street District is ($7,155.00 per acre.) The TIF amount is $0. 81per squarefoot of building; TUMF amount is $1.58 per squarefoot of building; Kangaroo Rat Fee is ($500.00 per acre x 1.01 acre) $505.00 The amount of fees shall be per schedule of fees in effect at the time the payment is made. LAKE ELSINORE UNIFIED SCHOOL DISTRICT 81.Pursuant to AB 2926, AB 1600 and AB 181 the Lake Elsinore Unified School District would require payment, by the owner (or developer), of the maximum allowable commercial/industrial school fee prior to the issuance of a certificate of compliance. Agenda Item Noo_ Page 30 of 50 Page 31- City Council Meeting Minutes - October 10, 2006 LAKE ELSINORE COMMUNITY SERVICES DEPARTMENT 82. The developer is to pay park fees of $0.10 per square-foot for all interior commercial/industrial space. 83. The developer is to comply with all NPDES storm water requirements. 84. The developer will be required to participate in the "Public Facility" fee program. 85. The developer is to maintain all exterior walls and landscaping. 86. The developer is to participate in the City-wide LLMD. 87. 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. 88. The City's Landscape Architect is to review all landscape and/or irrigation plans. RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTIRCT 89.An encroachment permit shall be obtainedfor any construction related activities occurring within District right-of-ways or facilities. For further information, contact the District's encroachment permit section at (951) 955-1266. (Third Street Channel) ELSINORE VALLEY MUNICIPAL WATER DISTRICT 90. The applicant shall request a will serve letter for the service of water and sewer. BUSINESS ITEMS 31. Second Reading - Ordinance No. 1195 - Approving Pre-Annexation Zone Change No. 2006-07 Annexation No. 76. MOVED BY BUCKLEY, SECONDED BY KELLEY TO ADOPT UPON Agenda Item No._ Page 31 of 50 Page 32 - City Council Meeting Minutes - October 10,2006 SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1195. ORDINANCE NO. 1195 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PRE- ANNEXATION ZONE CHANGE NO. 2006-05 CHANGING THE OFFICIAL ZONING MAP OF THE CITY OF LAKE ELSINORE, SUBJECT TO THE COMPLETION OF ANNEXATION NO. 76, BRINGING 62.42 ACRES OF LAND INTO THE CITY OF LAKE ELSINORE BOUNDARIES, LOCATED SOUTH OF LITTLE VALLEY ROAD, NORTH AND SOUTH OF SCENIC CREST DRIVE, WEST OF GREENWALD AVENUE AND EAST OF GRASSY MEADOW DRIVE, CONTIGUOUS TO THE NORTHEASTERLY BOUNDARY OF THE CITY OF LAKE ELSINORE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. Second Reading - Ordinance No. 1196 - Approving Zone Change No. 2006-07 Annexation No. 76. MOVED BY SCHIFFNER, SECONDED BY HICKMAN TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1196. ORDINANCE NO. 1196 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2006-07 CHANGING THE OFFICIAL ZONING MAP OF THE CITY OF LAKE ELSINORE, LOCATED SOUTH OF SCENIC Agenda Item No,_ Page 32 of 50 Page 33 - City Council Meeting Minutes - October 10,2006 CREST DRIVE, WEST OF GREENWALD AVENUE AND EAST OF GRASSY MEADOW DRIVE, AND KNOWN AS ASSESSOR'S PARCEL NO. 349-240-006. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 33. Second Reading - Ordinance No. 1197 - Approving Ramsgate Specific Plan No.89-1 Fifth Revision. MOVED BY HICKMAN, SECONDED BY SCHIFFNER TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1197. ORDINANCE NO. 1197 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING RAMSGATE SPECIFIC PLAN NO. 89-1 FIFTH REVISION, LOCATED APPROXIMATELY ONE MILE EAST OF INTERSTATE 15, SOUTH OF HIGHWAY 74, AND WEST OF GREENWALD AVENUE. UPON THE FOLLOWING ROLL CALL VOTE: Agenda Item No._ Page33 of 50 Page 34 - City Council Meeting Minutes - October 10,2006 AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NONE NONE NONE 34. Second Reading - Ordinance No. 1198 - Approving Pre-Zoning No. 2006- 04 Annexation No. 77. MOVED BY SCHIFFNER, SECONDED BY H.CKMAN TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1198. ORDINANCE NO. 1198 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PRE-ZONING NO. 2006-04 SUBJECT TO THE COMPLETION OF ANNEXATION NO. 77. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NONE NONE NONE 35. Second Reading - Ordinance No. 1199 - Approving Pre-Annexation Zone Agenda Item Noo_ Page 34 of 50 Page 35 - City Council Meeting Minutes - October 10,2006 Change No. 2006-03 Annexation No. 78. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1199. ORDINANCE NO. 1199 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PRE- ANNEXATION ZONE CHANGE NO. 2006-03, CHANGING THE OFFICIAL ZONING MAP OF THE CITY OF LAKE ELSINORE SUBJECT TO THE COMPLETION OF ANNEXATION NO. 78, BRINGING 21.13 ACRES OF VACANT PROPERTY INTO THE CITY OF LAKE ELSINORE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 36. Second Reading - Ordinance No. 1201 - Amending and restating Section 2.08.020 of the L.E.M.C. - City Council compensation. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1201. ORDINANCE NO. 1201 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 2.08.020 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING INCREASING SALARIES OF CITY COUNCIL MEMBERS. UPON THE FOLLOWING ROLL CALL VOTE: Agenda Item No._ Page 35 of 50 Page 36 - City Council Meeting Minutes - October 10,2006 AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: KELLEY, SCHIFFNER, MAGEE BUCKLEY,HIC~AN NONE NONE 37. Second Reading - Ordinance No. 1202 - Repealing Chapter 2.09 Code of Ethics of the Lake Elsinore Municipal Code. MOVED BY BUCKLEY, SECONDED BY KELLEY TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1202. ORDINANCE NO. 1202 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING CHAPTER 2.09 CODE OF ETHICS OF THE LAKE ELSINORE MUNICIPAL CODE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: .BUCKLEY, HIC~AN, KELLEY, SCHIFFNER, MAGEE NONE NONE NONE Councilmember Hickman inquired if the item was in reference to not being able to hold a position in the year where a Councilmember is running for office. City Attorney Leibold noted that the item was not related to Councilmember Hickman's inquiry. She noted that the item was in relation to deleting a Agenda Item No._ Page 36 of 50 Page 37 - City Council Meeting Minutes - October 10,2006 redundant and conflicting provision from the L.E.M.C. 38. Commercial Design Review No. 2006-05 for the clubhouse located at the "Links of Sumerly". Community Development Director Preisendanz commented on the item. He noted that the item was a request for the approval for the design and construction of a 5,186 square foot golf course clubhouse. He noted that the Planning Commission recommended approval of the item. Michael O'Neal, Planning Commission, noted that the Planning Commission unanimously concurred with staff s recommendation. City Treasurer Weber noted that it was his belief that the golf course was supposed to be completed before anyone moves into the surrounding homes. Mayor Magee noted that the current Condition of Approval stated that the golf course and all its' amenities were to be operational prior to the release of the first Certificate of Occupancy for the first home. City Treasurer Weber noted that the City should not hold the developer up in regard to selling homes. He further suggested a penalty of 1 % of the gross sales for the City until the golf course was completed. Councilmember Buckley commented that the developer was legally barred from occupying the homes until the golf course was open. City Attorney Leibold noted that the developer could sell the home, but could not close escrow and occupy the home until the golf course was complete. Councilmember Buckley commented that there were not enough parking spaces provided for the golf course. He noted that providing 4 spaces per hole was not enough. Community Development Director Preisendanz noted that 4 spaces per hole met the L.E.M.C. requirements. Councilmember Hickman thanked John Laing Homes and Michael Filler. He noted that the golf course was headed in the right direction. He inquired Agenda Item No,_ Page 37 of 50 Page 38 - City Council Meeting Minutes - October 10,2006 when the golf course would be completed. Michael Filler, Laing Homes, noted that construction for the golf course and club house would start sometime within the month of October. He noted that completion would be scheduled for October 2007. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-175 MAKING FINDINGS OF CONSISTENCY WITH THE MSHCP. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-176 APPROVING COMMERCIAL DESIGN REVIEW NO. 2006-05. Mayor Magee thanked Laing Homes for their project. He noted that he looked forward to the project opening. 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 providedfor in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. PLANNING DIVISION 2. Applicant shall comply with all mitigation measures associated with the Supplemental Environmental Impact Report for the East Lake Specific Plan Amendment No.6 as applicable. 3. Approval for Commercial Design Review No. 2006-05 will lapse and be void unless building permits are issued within one (1) year following the Agenda Item No._ Page 38 of 50 Page 39 - City Council Meeting Minutes - October 10,2006 date of approval. 4. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Divisionfor Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 5. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Director of Community Development. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 6. Any revisions to the interior floor plans that could cause the requirement for additional parking shall be subject to the review and approval of the Director of Community Development or designee. 7. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property, public streets, or Interstate 15 Any material covering the roof equipment shall match the primary wall color. 8. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building. 9. All loading zones shall be clearly marked with yellow striping and shall comply with the requirements of the LEMC. 1 O.Applicant shall meet ADA (Americans with Disabilities Act) requirements. 11. Thc applicClnt shall construct cl 6 foot wrought iron fencc with pilasters along the northwest and southwestcn9- boundaries. Deleted per Planning Commission Hearing of October 3, 2006 Agenda Item Noo_ Page 39 of 50 Page 40 - City Council Meeting Minutes - October 10, 2006 11. The applicant shall construct a six foot (6') decorative split face block wall with pilasters along the northern and southern boundaries. Added per Planning Commission Hearing of October 3, 2006 12. Trash enclosures shall be constructed per City standards as approved by the Community Development Director. A minimum of a 5' landscaped planter is required on each side of the trash enclosure. 13.No exterior roof ladders shall be permitted. 14.Applicant shall use roofing materials with Class "A" fire rating. 15.All exterior downspouts shall be painted to match with building exterior color. 16. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a $1,000.00 cash bond, submit a site plan and processed through the Planning Division. 17.Materials and colors depicted on the plans and materials board shall be used unless modified by the applicant and approved by the Community Development Director or designee. 18. On-site surface drainage shall not cross sidewalks. 19. Parking stalls shall be double-striped with four-inch (4'') lines two feet (2 ') apart. 20.All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Landscape Architectural Consultant and Planning Division. Prior To Building/Grading Permits 21. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. Agenda Item No,_ Page 40 of 50 Page 41- City Council Meeting Minutes - October 10,2006 22.All signs require review and approval by the Planning and Building and Safety Divisions prior to installation. All Sign Programs require review and approval by the Planning Commission prior to obtaining sign permits. 23. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%) City fee. a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees, selectedfrom the City's Street Tree List, a maximum offorty feet (40) apart and at least twenty-four-inch (24'~ box in size. c) All planting areas shall be separatedfrom paved areas with a six-inch (6'~ high and six-inch (6'~ wide concrete curb. d) Planting within fifteen feet (J 5 ~ of ingress/egress points shall be no higher than thirty-six inches (36'~. e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fzfteen (J 5) years. j) A'!J transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaPingplan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 100% for material and labor for two years from installation sign-off by the City. The release of the landscape bond shall be requested Agenda Item No._ Page41 of 50 Page 42 - City Council Meeting Minutes - October 10,2006 kY the applicant at the end of the required two years with approval/ acceptance kY the Landscape Consultant and Community Development Director or Designee. i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. j) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. 24.Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 25.Prior to issuance of building perm its, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 26. Prior to issuance of building perm its, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 27.Prior to issuance ofbuilding permits, applicant shall pay park-in-lieufee in effect at time of building permit issuance. 28. The applicant shall pay the Multi Species Habitat Conservation Plan Fee (MSHCP) Local Development Mitigation Fee of$5,620.00 per acre prior to obtaining building permits. The fee shall be calculated on the Club House parcel only (APN 371-030-038). 29. The Applicant shall place a weatherproof 3 'x3 ' sign at the entrance to the project site identifying the approved days and hours of operation and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division at (951) 674-3124. Agenda Item Noo_ Page 42 of 50 Page 43 - City Council Meeting Minutes - October 10,2006 30. Thc applioant shall oomply with the City's J.Voisc Ordinanoc. Construction activity shall hc limited to thc hours 0/7:00 Al.I to 5:00 ...ol'.!, l'.1onday through, Friday, and no constructien acth'ity shall eccur on Saturdays, Sundays or kgal holidays. Deleted per Planning Commission Hearing of October 3, 2006 30. Site preparation activity and construction shall not commence before 7:00 am and shall cease at 7:00 pm, Monday through Saturday. Added per Planning Commission Hearing of October 3, 2006 ENGINEERING DIVISION General Requirements: 31.A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existingflow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 32.Prior to commencement of grading operations, the applicant shall provide a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 33.All grading shall be done under the supervision of a geotechnical engineer. The engineer shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 34.An Encroachment Permit shall be obtained prior to any work on City right-ol-way. 35. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the property owner or his agent. Overhead utilities shall be undergrounded. Agenda Item No._ Page 43 of 50 Page 44 - City Council Meeting Minutes - October 10, 2006 36. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. 37. The applicant shall install permanent bench marks per Riverside County Standards and at locations to be determined by City Engineer. 38. Provide fire protection facilities as required in writing by Riverside County Fire. 39.Applicant shall pay all applicable development fees, including but not all inclusive: TUMF, MSHCP, TIF, and area drainage fees. 40. Ten (10) year storm runoff shall be contained within the curb and the 100 year storm runoff shall be contained within the street right-ol-way. When either of these criteria is exceeded, drainage facilities shall be provided. 41.All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. 42.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 'lj" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 43.Slopes and landscaping within public right-ol-way shall be maintained by property owner's association. 44.All open space and slopes exceptfor public parks and schools andflood control district facilities, outside the public right-ol-way shall be owned and maintained by property owner's association. 45.In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 46. On-site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a letter of drainage acceptance, or conveyed Agenda Item No._ Page 44 of 50 Page 45 - City Council Meeting Minutes - October 10,2006 to a drainage easement. 47.All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 48.Development within the Floodplain shall meet City and FEMAfloodplain requirements. 49. Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain to a landscaped area. 50.Applicant shall comply with all NPDES requirements in effect; including the submittal of a Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. The requirements of WQMP may affect the overall layout of the project. Therefore, WQMP submittal should be during the initial process of the project. 51.Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and met the goals of the BMP in Supplement "A " in the Riverside County NPDES Drainage Area Management Plan. (Required for lot of one acre or more) 52.Applicant shall provide BMP's that will reduce storm water pollutants from parking areas and driveway aisles. (Required for lot of one acre or more) 53. City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances prohibit the discharge of waste into storm drain system or local surface waters. This includes non-storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, What You Should Know" describing preventing measures are available at City Hall. PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain Agenda Item No,_ Page 45 of 50 Page 46 - City Council Meeting Minutes - October 10,2006 system, or waterways -without Regional Water Quality Control Board permit or waver - is strictly prohibited by local ordinances and state and federal law. Prior to Issuance of a Grading Permit 54. Submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer. Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage 55. The grading plan shall show that no structures, landscaping, or equipment are located near the project entrance that minimizes sight distance standards. 56. Construction Project access and hauling route shall be submitted and approved by the City Engineer, 57. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 58.An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 59. The applicant shall obtain all necessary off-site easements and/or permits for off-site grading and/or drainage acceptance from the adjacent property owners prior to grading permit issuance. 60.Applicant to provide erosion control measures as part of their grading plan. The applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 61.Applicant shall provide the city with proof of his havingfiled a Notice of Intent with the Regional Water Quality Control Boardfor the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a sWPPP for post construction, which describes Agenda Item Noo_ Page 46 of 50 Page 47 - City Council Meeting Minutes - October 10,2006 BMP's that will be implemented for the development including maintenance responsibilities. The applicant shall submit the SWPPP to the City for review and approval. 62.Applicant shall provide proof that the project meets FEMAfloodplain requirements and balance of grading (fill/removal) in the floodplain per RCFC District requirements. Prior to Issuance of Building Permit 63.All Public Works requirements shall be complied with as a condition of development specific for this project and as required in the Specific Plan. 64. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location. such as water pressure and volume etc. Submit this letter prior to applying for a building permit. 65. The applicant shall show that no structures, landscaping, or equipment are located near the project entrance that minimizes sight distance standards. 66. Submit proof that the project meets the minimum floodplain elevation (J 267') requirements. 67.Pay all Capital Improvement TIF, Railroad Canyon Benefit District Fees, and Master Drainage Fees and Plan Checkfees (LEMC 16.34). Prior to Occupancy 68. Pay allfees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off-site public works improvements (LEMCI2.08, Res.83-78). Allfees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 69.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of off-site improvements will be scheduled and approved. Agenda Item Noo_ Page 47 of 50 Page 48 - City Council Meeting Minutes - October 10,2006 70.All public improvements shall be completed in accordance with the approved plans to the satisfaction of the City Engineer. 71.All signing and striping and traffic control devices shall be installed. This includes Street Name Signs, Parking and Stop signs, and signing and striping onsite. A signoff from the City Traffic Engineer is required. 72. Water and sewer improvements shall be completed in accordance with Water District requirements. 73. Proof of acceptance of maintenance responsibility of slopes, open spaces, and drainage facilities shall be provided. 74.Elevation Certificates shall be provided. 75. TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time when the Certificate of Occupancy is obtained. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 7:55 P.M. THE REGULAR CITY COUNCIL MEETING WAS RECONVENED AT 8:03 P.M. Mayor Magee noted that as a point of order for Item Nos. 21 and 22 of the Public Hearing Calendar he had no written requests to speak but he failed to ask the audience if there was anyone that wished to speak on either one of those items. Mayor Magee inquired if there was anyone in the audience that wished to speak on either of those items. There was no one in the audience wishing to speak on either item. PUBLIC COMMENT None. CITY MANAGER COMMENTS City Manager Brady commented on the following: Agenda Item Noo_ Page 48 of 50 Page 49 - City Council Meeting Minutes - October 10,2006 1) Announced the following upcoming events: October 14th - Rotary Art & Wine Festival October 18th - Boy Scout Fundraiser CITY ATTORNEY COMMENTS City Attorney Leibold commented on the following: 1) Noted that the City Council did not meet in Closed Session. She noted that there was an item identified on the agenda. She noted that as announced at 5 p.m., the matter had resolved itself and there was no need for the City Council to meet. 2) Commented on Councilmember Hickman's earlier issue of Council Policies and the ability of Council Candidates to serve as Mayor during candidacy. She noted that the issue was first proposed by the Electoral Reform Committee by way of Policy 200-4. She noted that at a Special City Council meeting on November 3,2004 the City Council approved the Committee's recommendation and the policy did go into effect. COMMITTEE REPORTS None. CITY TREASURER COMMENTS City Treasurer Weber commented on the following: 1) Commented on the Railroad Canyon/I-15 interchange. He noted that a lot of traffic was coming from Quail Valley and beyond. He noted that there was a lot of county traffic at that intersection. He noted that the county needed to assist the City with the project. He commented that the City was paying for their development. Agenda Item No,_ Page 49 of 50 Page 50 - City Council Meeting Minutes - October 10,2006 CITY COUNCIL COMMENTS Councilmember Kelley commented on the following: 1) Congratulated Community Service Officer Beth DeCou for a job well done. She noted that Community Service Officer DeCou was very active in the community. Mayor Pro Tern Schiffner commented on the following: 1) Thanked everyone for attending the meeting. Councilmember Hickman commented on the following: 1) Noted that he missed the last Council meeting because his son had just come back from Iraq. He thanked all the troops. The Regular City Council Meeting was adjourn/ ~R ~GEE'MAYOR CITY OF L1 ELSINORE RESPECTFULLY SUBMITTED: t ~~kWh !i~ MICHELLE SOTO, DEPUTY CITY CLERK ATTEST: ~ . YJ RAY, CITY CLERK CITY OF t!'~ ELSINORE Agenda Item Noo_ Page 50 of 50