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HomeMy WebLinkAbout04-12-2005 City Council Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 12, 2005 ****************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5: 10 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Engineering Manager Seumalo, Parks & Open Space Manager Fazzio, Planning Manager Preisendanz, Public Works Manager Payne, Recreation & Tourism Manager Fazzio, City Treasurer Weber and City Clerk/Human Resources Director Kasad. CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9 (1 case). (F:40.10(X:52.1) b. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Interim City Manager (Government Code Section 54957). (F:46.1) Page 1\vo - City Council Minutes - April 12, 2005 - City Attorney Leibold announced the Closed Session discussion items as listed above. THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5: 11 P.M. The Closed Session discussion was completed at 6:55 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M.) Mayor Magee reconvened the Regular City Council Meeting in public session at 7 :05 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Planning Manager Preisendanz. - INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Engineering Manager Seumalo, Planning Manager Preisendanz, Public Works Manager Payne, City Treasurer Weber and City Clerk/Human Resources Director Kasad. - Page Three - City Council Minutes - April 12, 2005 PRESENTATIONS/CEREMONIALS B. Presentation - Sheriff's Department Awards. (F:127.2) Mayor Magee noted the recent Riverside County Sheriff Department Awards Ceremony, and commented that the award recipients were predominantly from the Lake Elsinore Station. Mayor Magee recognized the following citizens and officers for receipt of the following awards and detailed the events garnering those recognitions. Jonathan D. Dunscomb & Gary M. Foreman (Citizens)- Distinguished Service Awards. Corporal Stephen De La Vara, Deputy Christopher Johnson & Deputy William Wieber - Sheriff's Commendation. Corporal John Leseberg & Deputy William Guimont - Medal of Courage Ms. Candi Pirchner, Sheriff's Posse - Sheriff's Commendation Deputy David Schell- Sheriff's Gold Heart Sergeant Raymond Gayton-Jacobs, Corporal John Leseberg, Corporal William Stens, Deputy Robert McCalmont, Deputy Trevor Montgomery, Deputy Santiago Agcaoili, Deputy Robert Bennion, Deputy Mario Galvan, Deputy Michael Fraker, Deputy Vanessa Keyner, Deputy Jennifer Cole, Deputy Michael Moulton, Deputy Raymond Heirs, Deputy Dayle Long, & Deputy William Young- Medal of Courage Deputy Justino Flores & Deputy Robert K wan - Sheriff's Commendation Page Four - City Council Minutes - April 12, 2005 - A. Proclamation - Crime Victim's Week. (F:122.1) Mayor Magee read and presented the Proclamation to representatives of the Trauma Intervention Program, noting their participation as front line responders for victims of crime and other traumatic events. C. Presentation - Trauma Intervention Program. (F:I08.1) Representatives of TIP provided an overview of the services they provide and detailed the number of hours of services provided annually. They also noted an upcoming fundraising event on June 23rd at Pechanga Casino and encouraged participation. D. Presentation - Boys & Girls Club. (F:I08.1) Chris Olson & Michelle Ariana of the Boys & Girls Club in the TemeculalMurrieta area detailed the activities and services provided by the organization and noted recent interest in the establishment of a facility in Lake Elsinore. They commented on contact with Councilwoman Kelley and other community representatives and were pursuing their opportunities to open such a facility. - E. Presentation - Chamber of Commerce Update. (F:I08.4) Kim Cousins, President, Elsinore Valley Chamber of Commerce, detailed the recent activities of the Chamber of Commerce, including the Golf Tournament on April 9th. He announced the upcoming EDC Lunch on April 21 st and the Chamber Business Mixer on April 28th at the Lake Car Wash. F. Presentation - Miss California Contest. (F:I08.1) Coco Morrison provided an overview of the Miss California Contest, and their upcoming event on April 16th at Elsinore High School. She detailed - Page Five - City Council Minutes - April 12, 2005 the activities and benefits associated with the program. G. Presentation - Update on Railroad Canyon Road. (F: 156.1) City Engineer Seumalo provided an update on Railroad Canyon Road and explained that they were in the process of doing geotechnical surveys to ensure the safety of the slopes and determine appropriate mitigation. CLOSED SESSION REPORT City Attorney Leibold announced that the Closed Session discussions were held as listed on the agenda, with no reportable action. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Community Services Director Sapp detailed the upcoming Slurry Seal program, which would be placing 1,650,000 square feet of pavement in the next two weeks, at a cost of$164,000. He advised that this week work would be done on Collier from Nichols to Highway 74, Collier from Wasson Creek to Spring Street, Lakeshore from Machado to Lake, and Lincoln from Northlake to Grand and Terra Cotta to Northlake. He further advised that next week work would be done on Graham from Lakeshore to Main, Mission Trail from Diamond to Malaga, Lakeshore from Main to Diamond and Lakeshore from Graham to Chaney. Tom Phan, 14451 Red Hill, Tustin, expressed concern with his undeveloped vacant lot and the difficulty in accessing it for weed abatement. He questioned the possible exceptions to the weed abatement process. Mayor Magee referred Mr. Phan to Community Services Director Sapp for assistance. Barbara Anderson, 304 N. Lewis, representing the NAACP, announced the annual Scholarship Banquet on April 23rd from 4 to 6 p.m. at the Diamond Club. She indicated that the tickets were $40 each, with $20 being tax deductible. She noted the menu choices and indicated that a baseball game would be included in the price. She advised that the speaker would be Assemblywoman Karen Bass, and Page Six - City Council Minutes - April 12, 2005 - indicated that further information could be obtained from the flyers or by calling 674-7146. Pat Vesey announced the upcoming Rod Run on May 14th and discussed this year's efforts to promote the event. He anticipated that the event would draw 20,000 to 25,000 participants and noted his past donations to the Historical Society, Downtown Merchants, ROTC and Sheriff's Posse. He requested the Council's support and sponsorship for the event due to the increased costs for this year's event. He invited the Council to attend the event. Mayor Magee questioned the timing for approval of assistance. Mr. Vesey indicated that the next meeting would be fine, as there was still time to prepare for the event. Paula Graver, 117 N. Poe Street, noted that the 2nd Anniversary Support Our Troops Rally was a huge success with 160 people attending, including Senator Hollingsworth, who presented her with a Senate Certificate of Recognition. She presented Mayor Magee with a Certificate of Appreciation for the City Council and the City of Lake Elsinore for their support of the Rallies and the continuing support of the troops in Iraq. - Vida Boice, 17 Ponte Negra, noted information she had provided to the Council and indicated that she wanted to be sure that when police were added, there were enough to properly address the City's needs. She questioned the use of City officers in Wildomar, Lakeland Village and other County areas. Chris Hyland, 15191 Wavecrest, noted a newspaper article regarding law enforcement and suggested that there was a need for five officers, with two being motorcycle officers. She noted that there were already two motorcycle officers doing a great job, but suggested adding two more for adequate coverage. She noted specific traffic concerns on Lakeshore Drive. Don Biery indicated that he was a four month resident of Lake Elsinore, with a background in Parks and Recreation. He noted the rapid growth in Lake Elsinore and stressed the great potential and needs of the area. He questioned when the Council would be creating a Parks & Recreation Commission and how he could - Page Seven - City Council Minutes - April 12, 2005 help. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES Requests were received to address the following items and deferred to those discussions: Item Nos. 21, and 22. CONSENT CALENDAR MOVED BY KELLEY, SECONDED BY BUCKLEY TO APPROVE THE CONSENT CALENDAR AS PRESENTED. Mayor Magee inquired if there was an addition to Item No.7. City Manager Brady indicated that there should be a second recommendation to approve $40,000 from the Railroad Canyon Benefit Assessment District to fund this work. Mayor Magee noted that with regard to Item No.3, applications would be accepted for both the Planning Commission and Public Safety Advisory Commission beginning immediately and continuing until June 1st or until ample applications are received. He further noted that he and Councilwoman Kelley would be sitting on the sub-committee to review the applications and make recommendations for appointment to the rest of the Council. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 1. The following Minutes were approved: a. Regular City Council Minutes - February 22, 2005. (F:44.4) 2. Rejected and referred to Claims Administrator for handling, the Claim Against the City filed by Susie Mejia (CL#2005-11), and directed the City Clerk to send a letter advising the claimant of this action. (F:52.2) Page Eight - City Council Minutes - April 12, 2005 - 3. Accepted Planning Commission & Public Safety Advisory Commission Resignations & Authorized Staff to Advertise for Applications. (F:60.2)(X:59.6) 4. Approved Lease of new Digital Copiers through Canon Financial Services, Inc with three separate 60 month Municipal Lease Agreements; and approve a service proposal by Temecula Copies with authorization for the City Manager to execute three separate service agreements. (F :68.1) 5. Approved Final Map 28214-2, a residential subdivision by Castle & Cooke Alberhill Ranch, LLC, located at the southeast corner of Alberhill Ranch Road and Lake Street, subject to City Engineer's acceptance; and accepted all dedications and authorized staff to arrange for recordation. (F:160.2) 6. Regarding the Clean-up of former underground storage tanks at 161 South Main Street (corner of Main Street and Sulphur Street) - Closure Report; approved Change Order No.3 in the amount of $41,011 for consultant GEO SEC, Inc., authorized the City Manager to execute the Change Order, and directed staff to provide a work plan, obtain necessary permit for destruction of monitoring wells and submit the final report to the County of Riverside Department of Environmental Health. (F:78.1) - 7. Approved Contract with City and County Soil Engineering and Testing Corporation for Professional Geotechical Engineering Services, and authorized the City Manager to execute the Contract; and approved $40,000 in funding from the Railroad Canyon Benefit Assessment District to accomplish this work. (F:68.1)(X:156.1) 8. Authorized City Manager to enter Professional Services Agreement for Audit Services for the Three Fiscal Years ending June 30, 2005, 2006, and 2007 with Diehl Evans & Company. (F:68.1)(X:24.1) 9. Authorized City Manager to enter Professional Services Agreement for Performance of Impact Fee NEXUS Study & Feasibility analysis. (F:68.1) - Page Nine - City Council Minutes - April 12, 2005 10. Approved Professional Services Agreement for engineering and project management for improvements to Boat Launch Facility with NCI following review and administrative approval of the agreement by the California Department of Boating and Waterways. (F:68.1)(X:92.1) PUBLIC HEARINGS 21. Resolution to vacate a portion of3rd Street. east of Collier Avenue for the Construction of Water and Sewer Pump Station. (F:10.1) Mayor Magee noted that he had requests to speak on this item and requested input from the City Attorney. City Attorney Leibold indicated that the staff recommendation was to continue this item to May 10th. John O'Doherty indicated that he would be happy to have the item continued, noting that he had not met with EVMWD, as he had expected to have done. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO MAY 10, 2005. 22. Public Hearing for Consideration of Obiections to the City's Weed Abatement Program. (F:166.1) City Manager Brady indicated that this was the annual process, following the notice to remove, weeds, debris, etc. Mayor Magee opened the public hearing at 8:07 p.m. Vida Boice expressed concern that weed abatement was very much needed and she wanted to make sure the process moved forward and did not meet with too much opposition. Page Ten - City Council Minutes - April 12, 2005 - Kathleen Williams, 24330 Big Bear Road, Corona, indicated that she owned parcel 378-115-0038, which was a 110 foot square, landlocked parcel on a slope. She noted that she attended the public hearing last year and intended to clear the lot. She indicated that she did what she could, but if there was already a lien on her property, she would like to see the paperwork that was filed. She indicated that she would want to see proof of the work, and this year would want to meet the contractor at the lot to watch them perform the work. Councilman Buckley clarified the process, noting that no lien is filed until after the City has cleaned the lots, after the property owner has failed to do so by May 1 st. He stressed that if the City did not do the work, there would be no lien on the property. Mayor Magee closed the public hearing at 8:14 p.m. - 23. Public Hearing on 2005 Justice Assistance Grant. (F:84.8) City Manager Brady highlighted the proposed use of grant funds, noting the types of uses including Holiday Enforcement Program, City Enhancement Program, Off-Road Vehicle Enforcement Program, and Central Business District Patrol Program. He suggested that the Council approve the use of he funds, but allow flexibility in the ultimate distribution of the funds. MOVED BY HICKMAN, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE USE OF THE JUSTICE ASSISTANCE GRANT FUNDS AS PROPOSED. BUSINESS ITEMS 31. Second Reading - Ordinance No. 1145 - Approving Zone Change No. 2004-06. Changing the Zoning from "R-l - Single Family Residential" to "Tuscany Hills Specific Plan". (F:160.2) - Page Eleven - City Council Minutes - April 12, 2005 MOVED BY SCHIFFNER, SECONDED BY BUCKLEY TO ADOPT ORDINANCE NO. 1145, UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1145 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2004-06, CHANGING THE ZONING FROM "R-l- SINGLE FAMILY RESIDENTIAL" TO "TUSCANY HILLS SPECIFIC PLAN," UNDER THE ZONING ORDINANCE, ON APPROXIMATELY 37.12+ ACRES LOCATED WEST OF GREENWALD AVENUE, APPROXIMATELY 3.12 MILES SOUTH OF STATE HIGHWAY 74, EAST OF MARELLI ROAD AND NORTH OF PONTE RUSSO, AND KNOWN AS ASSESSOR'S PARCEL NOS. 347-390-001 THRU -004, -015 AND -016. 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. 1146 - Approving Amendment No.1 to the Tuscany Hills Specific Plan No. 89-3. (F:160.2) MOVED BY SCHIFFNER, SECONDED BY BUCKLEY TO ADOPT ORDINANCE NO. 1146, UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1146 Page Twelve - City Council Minutes - April 12, 2005 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AMENDMENT NO.1 TO THE TUSCANY HILLS SPECIFIC PLAN NO. 89-3, LOCATED SOUTH OF GREENWALD AVENUE, NORTH OF THE EXISTING TUSCANY HILLS COMMUNITY, WEST OF THE CANYON LAKE COMMUNITY, AND EAST OF UNDEVELOPED LAND WITHIN THE RAMS GATE SPECIFIC PLAN, AND KNOWN AS ASSESSOR'S PARCEL NOS. 349-280-017, -019, -021, -024 THRU -029, -034; 349- 290-004, -017 THRU -021; 349-390-001 THRU -004, -015 AND -016. 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. 1147 - Approving Zone Change No 2004- 02. Changing the zoning designation of the property contained within Tentative Parcel Map No. 33056. (F: 110.2) MOVED BY SCHIFFNER, SECONDED BY BUCKLEY TO ADOPT ORDINANCE NO. 1147 UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1147 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING ZONE CHANGE NO. 2004- 02 CHANGING THE ZONING DESIGNATION OF THE PROPERTY - Page Thirteen - City Council Minutes - April 12, 2005 CONTAINED WITHIN TENTATIVE PARCEL MAP NO. 33056 ASSESSOR PARCEL NO(S). 377-120-007 & A PORTION OF 377-120- 008 FROM M-l (LIMITED MANUFACTURING) TO C-2 (GENERAL COMMERCIAL) UNDER THE ZONING ORDINANCE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 34. Second Reading - Ordinance No. 1148 - Authorizing the Levy of a Special Tax. (F:22.3) MOVED BY SCHIFFNER, SECONDED BY BUCKLEY TO ADOPT ORDINANCE NO. 1148 UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1148 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AUTHORIZING THE LEVY OF A SPECIAL TAX. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE Page Fourteen - City Council Minutes - April 12, 2005 - NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 35. Industrial Design Review No. 2004-06 - Carl Johnson. Triple J Development. (F:86.2) Planning Manager Preisendanz highlighted the proposed proj ect and detailed the Planning Commission recommendations. Mayor Magee thanked the applicant for his continuing development in the community. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-42 REGARDING FINDINGS OF CONSISTENCY WITH SECTION 6.1.2 OF THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN; AND APPROVE INDUSTRIAL DESIGN REVIEW NO. 2004-06, BASED ON THE FINDINGS AND ATTACHMENTS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. - RESOLUTION NO. 2005-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) FOR THE PROJECT KNOWN AS INDUSTRIAL DESIGN REVIEW NO. 12004-06 TO BE LOCATED ON PASADENA STREET AND CENTRAL AVENUE -APN 377-140- 019. FINDINGS Multiple Species Habitat Conservation Plan - Page Fifteen - City Council Minutes - April 12, 2005 1. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. According to the Multiple Species Habitat Conservation Plan (MSHCP), "Within identified Narrow Endemic Plant Species survey areas (NEPSSA), site-specific focused surveys for Narrow Endemic Plant Species shall be required for all public and private projects when appropriate habitat is present." Since the Habitat Suitability Assessment Letter Report dated March 2, 2005 found no appropriate habitat for Narrow Endemic Plant Species future focus studies are not required. Conditional Use Permit No. 2004-40 1. The proposed use, on its own merits and within the context of its setting, is in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located. In order to achieve a well balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses, staff has thoroughly evaluated the land use compatibility, noise, traffic and other environmental hazards related to the proposed Conditional Use Permit for outdoor storage located at APN 377-140-019. Accordingly, the proposed land use is in concurrence with the objectives of the General Plan and the purpose of the planning district in which the site located. 2. That the proposed use will not be detrimental to the general health, safety, comfort, or general welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood of the City. In accord with the purposes of the Chapter 17.74 (Conditional Use Permits) of the Lake Elsinore Municipal Code, the City realized that the proposed outdoor storage use located at APN 377-140-019 may have a potential to negatively impact the welfare of persons residing or working within the neighborhood or the City. Considering this, staff has substantiated that all applicable City Departments and Agencies have been afforded the opportunity for a thorough review of the use and have incorporated all applicable comments and/or conditions related to installation and maintenance of landscaping, street dedications, regulations of points of vehicular ingress and egress and control of potential nuisances, so as to eliminate any negative impacts to the general health, safety, comfort, or general welfare of the surrounding neighborhood or the City. 3. That the site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by Title 17 of the LEMC. The proposed outdoor storage use located at APN 377-140-019 has been designed in consideration of the size and shape of the property, thereby strengthening and enhancing the immediate industrial area. Further, the project as proposed, will complement the quality of Page Sixteen - City Council Minutes - April 12, 2005 - existing development and will create a visually pleasing, non-detractive relationship between the proposed and existing projects, in that the storage area has been reviewed to ensure adequate provision of screeningfrom the public rights-ol-way or adjacent properties. 4. That the site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use. The proposed use located at APN 377-140-019 has been reviewed as to its relation to the width and type of pavement needed to carry the type and quantity of traffic generated, in that the City has adequately evaluated the potential impacts associated with the proposed outdoor storage prior to its approval and has conditioned the project to be served by roads of adequate capacity and design standards to provide reasonable access by car, truck, transit, and bicycle. 5. In approving the subject use located at APN 377-140-019 there will be no adverse affect on abutting property on the permitted and normal use thereof. The proposed use has been thoroughly reviewed and conditioned by all applicable City Departments and outside Agencies, eliminating the potential for any and all adverse effects on the abutting property. _ 6. Adequate conditions and safeguards pursuant to Sections 17.74.50 of the LEMC have been incorporated into the approval of the Conditional Use Permit to insure that the use continues in a manner envisioned by these findings for the term of the use. Pursuant to Section 17. 74.050 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the outdoor storage use located at APN 377-140-019 has been scheduledfor consideration and approval of the Planning Commission. Design Review - Industrial Project No. I 2004-06 1. The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the project is located. The proposed Industrial Design Review located at APN 377-140-019 complies with the goals and objectives of the General Plan, in that the approval of these industrial business park will assist in achieving in development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses as well as encouraging industrial land uses to diversify Lake Elsinore's economic base. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Industrial Design Review located at APN 377-140-019 is appropriate to the _ Page Seventeen - City Council Minutes - April 12, 2005 site and surrounding developments in that the proposed industrial business park has been designed in consideration of the size and shape of the property, thereby creating interest and varying vistas as a person moves along the street. Further the project as proposed will complement the quality of existing development and will create a visually pleasing, non- detractive relationship between the proposed and existing projects in that the architectural design, color and materials and site design proposed evidence a concern for quality and originality. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. Pursuant to the California Environmental Quality Act (CEQA), the proposed Industrial Design Review located at APN 377-140-019, as been reviewed and conditioned by all applicable City Divisions and Departments and Agencies, and will not have a significant effect on the environmental pursuant to Mitigated Negative Declaration No. 2002-03 adopted by the City Council and the Habitat Assessment Letter Report dated March 2, 2005. 4. Conditions and safeguards pursuant to Section 17.82.070, of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to insure development of the property in accordance with the objectives Chapter 17.82. Pursuant to Section 17.74.050 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Industrial Design Review located at APN 377-140- 019 has been scheduledfor consideration and approval of the Planning Commission. (Note: Fees listed in the Conditions of Approval are the best estimates available at the time of approval. The exact fee amounts will be reviewed at the time of building permit issuance and may be raised.) CONDITIONS OF APPROVAL GENERAL CONDITION 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the, Industrial Project which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the Page Eighteen - City Council Minutes - April 12, 2005 - 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. Design Review approval for Industrial Project No. I 2004-06 will lapse and be void unless building permits are issued within one (1) year of City Council approval. The Community Development Director may grant an extension of time of up to one (1) year per extension, prior to the expiration of the initial Design Review approval. Application for a time extension must be submitted to the City of Lake Elsinore one (1) month prior to the expiration date. 3. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division for Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 4. Conditional Use Permit No. 2004-40 for the industrial complex shall run with the land and shall continue to be valid upon any change of ownership of the site or structure which was the subject of the Conditional Use Permit (CUP) application. The CUP shall also be subject to periodic review by the Community Development Director or designee. The CUP can be revoked at any time, if after reviewed by the Planning Commission it is found that the applicant has not been in compliance with Conditions of Approval. The revocation process shall comply with Section 17.74.110 of the Lake Elsinore Municipal Code (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. 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. Structures shall be placed on-site as depicted on the site plan and/or as modified by the Community Development Director or designee. 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. 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 - Page Nineteen - City Council Minutes - April 12, 2005 they are not visible from neighboring property or public streets. Any material covering the roof equipment shall match the primary wall color. 9. 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 ofthe building. 10. All loading zones shall be clearly marked with yellow striping and shall comply with the requirements ofthe LEMC. 11. Applicant shall meet ADA (Americans with Disabilities Act) requirements. 12. The applicant shall construct a 6 foot decorative masonry wall with pilasters along the exterior boundary of the project. 13. All storage areas shall be enclosed with a 6 foot masonry wall and 6 foot opaque gates. If precision block is used, the block shall be painted a color to match the associated building per the review and approval of the Community Development Director or designee. 14. Trash enclosures shall be constructed per City standards as approved by the Community Development Director. A 5' landscaped planter is required on each side of the trash enclosure. 15. No exterior roofladders shall be permitted. 16. Applicant shall use roofing materials with Class "A" fire rating. 17. All exterior downspouts shall be painted to match with building exterior color. 18. 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. 19. 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. 20. On-site surface drainage shall not cross sidewalks. 21. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. Page Twenty - City Council Minutes - April 12, 2005 - 22. 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. 23. The applicant shall submit a Sign Program for the approval of the Planning Commission prior to the issuance of the first building permit. 24. All drive aisles and loading areas shall be kept free and clear of any materials/merchandise so as not to obstruct on-site circulation and deliveries. 25. Provide a l2-inch concrete paver along the side of parking stalls that are adjacent to planters (paver to include curb width). PRIOR TO BUILDING/GRADING PERMITS 26. 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. - 27. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%) City fee. a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of forty feet (40) apart and at least twenty-four-inch (24") box in size. c) All planting areas shall be separated from paved areas with a six-inch (6") high and six-inch (6") wide concrete curb. d) Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. - Page Twenty-One - City Council Minutes - April 12, 2005 f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 100% for material and labor for two years from installation sign-off by the City. 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. All planting areas shall include p1antings 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. 28. 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. 29. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 30. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 31. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. 32. The applicant shall comply with Section 17.78, Noise Control ofthe Lake Elsinore Municipal Code. 33. The Multiple Species Habitat Conservation Fee (MSHCP) shall be due upon issuance of each building permit. Page 1\venty-1\vo - City Council Minutes - April 12, 2005 - ENGINEERING DIVISION 34. 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. 35. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC) and be consistent with the City's agreement with the Elsinore Valley Municipal Water District. 36. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26), mitigation fees, area drainage fee, traffic impact fee (TIF), encroachment permit fees and inspection fees associated with the project and its development as applicable. Revised at the Planning Commission Meeting of March 15, 2005. 37. 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. Submit this letter prior to final map approval. 38. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults _ and/or liquefaction zones present on-site or a licensed geologist or a geotechnical engineer shall prepare a statement, stating there are no known earthquake faults or liquefaction zones present. 39. All street improvements along Pasadena Avenue shall be installed and functioning prior to certificate of occupancy. 40. Construct all public works improvements on Pasadena per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to final map approval (LEMC 16.34). 41. Street improvement plans and specifications shall be prepared by a California Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 42. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. 43. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 12" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. _ Page Twenty-Three - City Council Minutes - April 12, 2005 44. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 45. Provide street lighting along the east side of existing Central Avenue and along the frontage along Pasadena Avenue and show lighting improvements as part of street improvement plans as required by the City Engineer. 46. Intersection site distance at the comer of Central Avenue and Pasadena Avenue shall meet the design criteria of the CAL TRANS Design Manual The applicant shall install permanent survey monuments in compliance with the City's municipal code. 47. Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to final map approval. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the development. 48. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or disks which are compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. 49. Applicant shall obtain all necessary off-site easements for off-site grading or construction from the adjacent property owners prior to final map approval. 50. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 51. 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. 52. 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. 53. Applicant to provide to the City a photographic baseline record of the condition of all proposed public City haul roads. In the event of damage to such roads, applicant shall pay Page 1\venty-Four - City Council Minutes - April 12, 2005 - full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right-of-way, subject to the approval of the City Engineer. 54. All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the construction must be disposed of at appropriate recycling centers. The applicant should contract with CR&R, Inc., for recycling and storage container services, but the applicant may use the services of another recycling vendor. Another recycling vendor, other than CR&R, Inc., cannot charge the applicant for bin rental or solid waste disposal. If the applicant is not using CR&R, Inc., for recycling services and the recycling material is either sold or donated to another vendor, the applicant shall supply proof of debris disposal at a recycling center, including verification of tonnage by certified weigh master tickets. 55. 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. 56. Provide fire protection facilities as required in writing by the Riverside County Fire Department. _ 57. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 58. The existing catch basin at the end of the Central Avenue cul-de-sac drains directly to ElsiBore ChaflIlel Creek the outflow channel and appears to have a questionable hydraulic grade line. Due to the standing water elevation in EIsiBore Channel the outflow channel, the catch basin outlet pipe was approximately 80% submerged. Standing water in the catch basin was observed to a height that left only approximately 6 inches of the soffit of the outlet pipe for drainage flow. As such, the developer shall include this evaluation as part of the required hydrology and hydraulic study for review and approval by the City Engineer and the Flood Control District, prior to approval of the final map and improvement plans. Revised at the Planning Commission Meeting of March 15, 2005 59. Meet all requirements ofLEMC 15.68 regarding flood plain management. 60. Drainage from the development or partial phase of development of the property shall not exceed the existing natural discharge quantities for the I, 3, 6 and 24-hour duration for the 2, 5 and 10-year frequency storms. The design of the detention basins shall provide for the retention of nuisance flow. Development shall detain the year and duration incremental storm runoff developed increased by means of on-site detention. Detention techniques shall _ Page 1\venty-Five - City Council Minutes - April 12, 2005 include, but not be limited to: Parking lot detention or on-site detention basin or other methods approved by the City Engineer. 61. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 62. All drainage facilities in this site shall be constructed to Riverside County Flood Control District Standards. 63. Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 64. 10-year storm runoff should be contained within the curb and the 100-year storm runoff should be contained with the street right-of-way. When either of these criteria is exceeded, drainage facilities should be installed. 65. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 66. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their stormwater pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SV,rppp WQMP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. Revised at the Planning Commission Meeting of March 15, 2005 67. 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 stormwater quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 68. Applicant shall provide first flush BMP's using the best available technology that will reduce stormwater pollutants from parking areas and driveways. This would include the use of a biofilter swa1e or other BMP techniques. 36. Commercial Design Review No. 2004-13 - Abbacy Holding Corp. (F:58.2) Page 1\venty-Six - City Council Minutes - April 12, 2005 - Planning Manager Preisendanz highlighted this commercial project and detailed the Planning Commission recommendations. Councilman Buckley noted that this building was in the area of Summerhill and Canyon Estates Drive; and clarified that the Council had confirmed that the future 1-15 and Railroad Canyon Road improvements would not impact this building, requiring it to be moved or removed. Mayor Magee noted that this applicant had made substantial contributions in the community and thanked him for his continuing investment in the City of Lake Elsinore. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE COMMERCIAL PROJECT 2004-13, BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: - FINDINGS - DESIGN REVIEW 1. The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the project is located. The proposed Commercial Design Review located within Assessor Parcel Number 363- 670-004 complies with the goals and objectives of the General Plan, in that the approval of this Retail/Office Building will assist in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses, diversifying Lake Elsinore's economic base. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Commercial Design Review located at Assessor Parcel Number 363-670- 004 is appropriate to the site and surrounding developments in that the Retail/Office Building has been designed in consideration of the size and shape of the property, thereby creating interest and varying vistas as a person moves along the street. Further the project as proposed will complement the quality of existing development and will create a visually pleasing, non-detractive relationship between the proposed and existing projects in that the architectural design, color and materials and site design proposed evidence a concern for quality and originality. - Page Twenty-Seven - City Council Minutes - April 12, 2005 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. Pursuant to the California Environmental Quality Act (CEQA), the proposed Commercial Design Review located at Assessor Parcel Number 363-670-004, as reviewed and conditioned by all applicable City Divisions and Departments and Agencies, will not have a significant effect on the environment pursuant to attached Conditions of Approval. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Commercial Design Review located at Assessor Parcel Number363-670-004 has been scheduled for consideration and approval of the Planning Commission. CONDITIONS OF APPROVAL GENERAL 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 subject project known as Parcel 4 Retail/Office Building located at 363-670-004, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 2. The Design Review approval located at Assessor Parcel No. 363-670-004 shall lapse and become void one (1) year following the date on which the Design Review became effective, unless prior to the expiration of one year a building permit related to the Design Review is issued and construction commenced and diligently pursued toward completion. The Design Review granted herein shall run with the land for this one (1) year period and shall continue to be valid upon a change of ownership of the site. Page 1\venty-Eight - City Council Minutes - April 12, 2005 - 3. Prior to the certificate of occupancy of the first building, the entire site parking lot, entry driveways, perimeter and internal landscaping shall be completed as indicated on the approved plans attached hereto. 4. 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. 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. 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 alteration or expansion of this Design Review approval shall be reviewed according to the provisions of Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code. - 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 or public streets. 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. Applicant shall meet ADA (Americans with Disabilities Act) requirements. 10. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee. 11. No exterior roof ladders shall be permitted. 12. All downspouts shall be concealed or architecturally screened and painted to match the exterior color of the building. - Page Twenty-Nine - City Council Minutes - April 12, 2005 13. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a cash bond in the amount of $1,000.00 to be processed through the Planning Division. 14. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 15. On-site surface drainage shall not cross sidewalks. 16. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 17. 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 BUILDING/GRADING PERMITS 18. 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. 19. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%) City fee. a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees selected from the City's Street Tree List, a maximum of forty feet (40') apart and at least twenty-four-inch (24") box in SIze. c) All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. d) Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). Page Thirty - City Council Minutes - April 12, 2005 - e) Landscape planters shall be planted with an appropriate parking lot shade tree pursuant to the LEMC and Landscape Design Guidelines. f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 100% for material and labor for two years from installation sign-off by the City. 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. 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. 20. 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. 21. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 22. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 23. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. - Page Thirty-One - City Council Minutes - April 12, 2005 ENGINEERING 24. 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. 25. All conditions of approval of TPM 30832 that have not been met or postponed until this parcel develops shall be complied with. This includes but is not limited to encroachment permit fees and Alquis- Priolo study or statement. 26. At the proposed ingress and egress driveway, adequate sight distance must be provided for exiting vehicles. The existing slope along the frontage and recessed utility vault may restrict sight distance. This may require the slope and utility vault wall to be cut back to provide adequate sit distance. The precise site grading plan shall show a detail, with elevations of the slope and utility wall with respect to the line of site of the exiting vehicle. 27. Provide a minimum 30-foot ingress and egress drive isle to public right-of-way. Drive isle shall be free from conflicts with parking stalls or drive isles unless otherwise approved by City Engineer. Revised per the Planning Commission on March 15, 2005. 28. The landscaped strip along the rear of the property shall have positive drainage towards the parking lot and away from the rear retaining wall in order to assure positive runoff and no seepage behind this retaining wall. The precise site-grading plan shall show elevation on the top of this wall and along the top of the parking lot curb to assure a positive slope. 29. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, but a precise grading site plan prepared and permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before site development begins. 30. The Riverside County Water Quality Management Plan requires a project specific Water Quality Management Plan (WQMP) for developments creating 5,000 SF or more of impervious parking surface. As such, the applicant will be required to prepare a WQMP, unless previously prepared for Tract Map 30832, and install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. The Page Thirty-1\vo - City Council Minutes - April 12, 2005 - plan shall identify pollutants of concern and mitigate in accordance with the Riverside County Water Quality Management Plan. Said plan shall be approved prior to the issuance of a grading or site development permit. 31. This development will be subject to all applicable conditions of approval for Parcel Map 30832 at the appropriate development approval 32. Capital Improvement and Plan Check fees, TIF, TUMF and Area Drainage Fees shall be paid prior to building permit issuance. 33. 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. Submit this letter prior to applying for a building permit. 34. Construct all public works improvements per approved street plans (LEMC Title 12). Plans must be approved and signed by the City Engineer prior to issuance of building permit (LEMC 16.34). 35. Street improvement plans and specifications shall be prepared by a California Registered _ Civil Engineer. Improvements shall be designed and constructed pursuant to the latest edition of the Riverside County Road Department Standards and City Codes (LEMC 12.04 and 16.34). 36. If the existing street improvements are to be modified, the existing street plans on file shall be modified accordingly and approved by the City Engineer prior to issuance of building permit. An encroachment permit will be required to do the work. 37. Pay all fees 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). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 38. The applicant shall obtain any necessary Caltrans permits and meet all Caltrans requirements. 39. 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. - Page Thirty-Three - City Council Minutes - April 12, 2005 40. The applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to grading permit issuance. 41. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 42. The grading for the site shall be designed so storm water runoff will not be allowed to drain through the fueling area, subject to the approval ofthe City Engineer. 43. Applicant to provide erosion control measures as part of their grading plan. The applicant shall 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. 44. Provide fire protection facilities as required in writing by Riverside County Fire Department. 45. Provide street lighting, show lighting improvements on street improvement plans, as required by the City Engineer. 46. On-site drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 47. All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 48. Roof drains shall not be allowed to outlet directly through cuts in the street curb. Roofs drainage shall be directed to a landscaped area prior to entering the drainage system. 49. Education guidelines and BMP's 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. Page Thirty-Four - City Council Minutes - April 12, 2005 - 50. 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. RIVERSIDE COUNTY FIRE DEPARTMENT 51. The applicant shall comply with all Comments and/or Conditions of Approval from Riverside County Fire Department. COMMUNITY SERVICES DEPARTMENT 52. The applicant shall pay park fees of $0.10 per square foot of all interior commercial space. 53. The applicant shall contract with CR&R for all construction debris and removal as per City ordinance. 54. The applicant shall maintain all landscaping and graffiti of exterior walls. - 37. Special Use Agreement for Inlet Channel with California Skier. (F:68.1 )(X:92.1) Lake & Aquatic Resources Director Kilroy explained this item involving the one mile inlet channel, which is ideal for advanced water sports such as tournament skiing and wake boarding. He eXplained that the agreement would be a public/private partnership to administer the channel, including maintaining the slalom courses, selling use passes and promoting the channel as an aquatic park. He advised that the contractor would be providing liability insurance and 25% of all user fees received for the inlet channel to the City. He noted that the City would reserve the right for up to six special events per year in the channel at no additional charge. Councilman Buckley noted that a representative of California Skier was present at the earlier meeting and they will be doing a number of competitions and bring in tourist dollars. He supported the agreement as a good idea. - Page Thirty-Five - City Council Minutes - April 12, 2005 Councilman Hickman inquired if the City had used any of its event days in the past. Lake & Aquatic Resources Director Kilroy indicated that there had been a number of events in conjunction with California Skier, including the pro-wakeboard tour and the Blue Torch Flight World Events, as well as other outside agency events such as jet boat races. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE SPECIAL USE AGREEMENT WITH CALIFORNIA SKIER AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT. 38. Reimbursement Agreement with Home Depot U.S.A. (F:68.1) City Engineer Seumalo explained that this agreement was for the cost of engineering and Caltrans permitting for the interim improvements for the interchange at Highway 74 and Interstate 15. He indicated that staff had met with the engineers and were comfortable moving forward with this as a contiguous project. Councilman Hickman noted that this was to help resolve the congestion problem. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO AUTHORIZE THE MAYOR TO EXECUTE THE REIMBURSEMENT AGREEMENT FOR THE DESIGN AND CALTRANS PERMIT PROCESS OF THE I-15/SR-74 INTERIM IMPROVEMENTS. 39. Annexation Consideration from the Riverside Local A~ency Formation Commission (LAFCO). (F:140.8) City Manager Brady explained the request from LAFCO, noting that it was adjacent to Ramsgate, along Route 74, and covered about 150 acres. Councilman Buckley noted that Centex would be covering the cost of the Page Thirty-Six - City Council Minutes -April 12, 2005 - processing, so it would be done at no cost to the City. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO SUPPORT THE ANNEXATION. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:29 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 8:37 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Edith Stafford, 29700 Hursh, addressed the need for more police. She indicated that she supports more police protection whether it is for 6.5 officers or 2.3 officers. She noted a vehicle theft in which the police did not respond; but commented that she had been lucky when she called for the police. She indicated that it was never possible to have enough police protection, and stressed that the officers put their lives on the line and need back-up protection. She urged the Council to go for more officers and cut back the fat. - Police Chief Fetherolf clarified his recent memo to the City Manager in which he commented that in his opinion the department was operating below the national standard for police officers. He explained that the minimal level of service in a normal community is 1 officer per 1,000 population, and his calculation indicate that there were only about .8 officers per 1,000. He clarified that when he obtained clarification of the formula for the purchase of police service, it came up to the 1.0 per 1,000 figure. He explained that this was a general indicator for any community, and noted that with the projected growth for the next year, he would anticipate the need for two more officers. He stressed that his original figure of five officers was incorrect. He commented that they would always like more officers for additional programs, and noted that they receive 70 to 100 calls for service in every 24 hour period. He clarified the priority system for dispatching, and explained that 114 personnel were deployed from the Lake Elsinore Station, covering the area from Corona to Murrieta and from the Top of the Ortegas to - Page Thirty-Seven - City Council Minutes - April 12, 2005 Perris. He indicated that the City budgeted $5.7 million this year for 35 full time equivalents and with the requested additions that would increase for next year. He stressed that they always kept the City contract full, due to their legal and moral obligations. Mayor Magee clarified that the City was right on target with the industry standard, but needed two additional officers to keep pace. He concurred that the Council would like to have more, but indicated that was their challenge. Councilwoman Kelley inquired if City officers were going to Wildomar. Chief Fetherolf clarified that there were officers for City limits, as well as deputies for the surrounding County areas. He explained that for major calls in the City, everyone would be responding, as would happen in other areas outside the City. He stressed the need to protect the officers and citizens in the community. Councilman Hickman inquired if it was possible to state the preference for a motorcycle over a patrol car. Chief Fetherolf indicated that the Council could buy whatever they desired, but clarified that the motorcycle officers were dedicated officers, for which the City paid a special rate. He stressed that they had to be specifically trained, so the City had to pay more for them. He also noted that the other officers were fully supported in the contract. Chief Fetherolf indicated that his salary was not a part of the contract. Mayor Pro Tern Schiffner asked for an explanation of the concept that City income is derived from the issuance of traffic citations. He questioned where the citation money goes. Chief Fetherolf explained the division of traffic enforcement in the area, with the County areas being deferred to the Highway Patrol. He indicated that in City limits the Sheriff has that responsibility so they put two motor officers in the City for traffic enforcement. He explained that when they write citations, they will typically use State code sections and when possible City code sections. He advised that he was not fully able to comment on the distribution of fines at the State level, but expressed doubt that it would be sufficient to support the officers. Page Thirty-Eight - City Council Minutes - April 12, 2005 - CITY MANAGER COMMENTS No Comments. CITY ATTORNEY COMMENTS City Attorney Leibold commented on the following: 1) Commented that the Officer awards and stories were awesome, and offered Congratulations to all of those recognized. CITY COUNCIL COMMENTS Councilwoman Kelley commented on the following: 1) Pointed out to the City Council, that the City Manager advertisement was included in the Jobs Available for April. - 2) Congratulated all of the officers honored this evening, and noted that it was interesting to hear their stories. Mayor Pro Tern Schiffner commented on the following: 1) Congratulated the officers and commented that he was sure there were a number of other things worth mention. 2) Noted that it was his first meeting without a tie, as his arm was out of service. He apologized for being casual. Councilman Hickman commented on the following: 1) Welcomed the SOS Storage Center on Canyon Estates Road. 2) Noted that he represented the City at the RTA Rodeo obstacle course - - Page Thirty-Nine - City Council Minutes -April 12, 2005 event. He indicated that this was the 4th year of the event. He also indicated that he met Coco Morrison at that event and heard about the Miss Southern California event. 3) Offered kudos to the recognized Police officers. Councilman Buckley commented on the following: 1) Indicated that he was out of town for the annual Mosquito Control function. He noted that the projections were predicting a warm three months which will be perfect for mosquito breeding. He announced that free services including mosquito fish by calling (951) 340-9792 or by contacting them at www.northwestmosquitovector.org. He commented that 55 to 60% of mosquitos carrying West Nile Virus breed in people's back yards. He stressed the need for assistance, and noted that there had been no cases of West Nile Virus, so far, in Lake Elsinore. Mayor Magee commented on the following: 1) Announced a Joint Meeting with R.C.T.C. and O.C.T.A., to be held on April 14th at 6 p.m., regarding alternative routes to Orange County, including the 91 freeway and Highway 74. 2) Announced City-Wide Clean-up Day for City residents only on April 23rd from 7 a.m. to 1 p.m. 3) Indicated that he was humbled to be able to give out awards recognizing the actions of officers and citizens in the community. He commented that it was an honor to be surrounded by them. ADJOURNMENT Page Forty - City Council Minutes - April 12, 2005 - THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 8:56 P.M. /~~ . ~RT E. M E, MAYOR CITY OF LAK LSINORE ATTEST: .b VICKI KASAD, CMC, CITY CLERK! HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE