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HomeMy WebLinkAbout12-13-2005 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, DECEMBER 13, 2005 :~~~~~~:~~:~:~~:~~~*~~*~~~~~:~~~~~~~:~*~~::~~:~~:~*~:~*~*~~~~~~~*~~*~~~~~*~:~*~ CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NONE Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Preisendanz, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Information/Communications Manager Dennis, Building & Safety Manager Chipman, Recreation/Tourism Manager Fazzio, Police Chief Fetherolf, Fire Chief Gallegos, 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 Mike Lewis. Page 2- City Council Minutes - December 13, 2005 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 Development Director Preisendanz, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Information/Communications Manager Dennis, Building & Safety Manager Chipman, Recreation/Tourism Manager Fazzio, Police Chief Fetherolf, Fire Chief Gallegos, City Treasurer Weber and City Clerk Ray. CLOSED SESSION a. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code § 54956.8) Property: 32395 Corydon, Lake Elsinore, California (A.P.N. 370-120-045) Negotiating parties: City of Lake Elsinore and The Cambridge Foundation Under negotiation: price and terms of payment b. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Gov't Code § 54956.8) Property: A.P.N.363-200-001 Negotiating parties: City of Lake Elsinore and Pardee Homes Under negotiation: price and terms of payment c. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code § 54956.9: (1 case) Agenda Item No. Page_ oF Page 3- City Council Minutes - December 13, 2005 CLOSED SESSION REPORT City Attorney Leibold announced the Closed Session discussion items as listed above. She noted that items a and b were discussed and there was no reportable action. She also noted that item c was taken off calendar and there was no reportable action. PRESENTATION/CEREMONIALS A. Certificate of Recognition - Cornerstone Community Church B. Certificate of Recognition - Elks Lodge C. Certificate of Recognition - Elks Ladies D. Certificate of Recognition - First Assembly of God E. Certificate of Recognition - H.O.P.E. F. Certificate of Recognition - Lake Elsinore Calvary Chapel G. Certificate of Recognition - St. Francis of Rome H. Certificate of Recognition - VFW Post 1508 Councilmember Hickman called Kathy Marold, Joe Franco, Pastor Mike Brisson, Kathy Early, and Pastor Fred Rodriguez forward for the presentation. Councilmember Hickman commented that the individuals represented organizations that volunteered to help H.O.P.E with preparing the Thanksgiving dinners for the homeless and the elderly. Pastor Brisson of Cornerstone Community Church commented that members of the church community donated food items, money and time. He thanked everyone involved. Kathy Marold thanked everyone involved. Councilmember Hickman called Ron Hewison of H.O.P.E., Richard Gramata of the Elks Lodge and Wayne Ellsworth of the VFW Post 1508. He commented that H.O.P.E. had given out 350 baskets for Thanksgiving. He commented that Mr. Ellsworth and the VFW served meals at the Agenda Item No. Page_ of_ Page 4- City Council Minutes - December 13, 2005 Diamond Stadium. He commented that Mr. Gramata and the Elks Lodge served dinner at the Elks Lodge to over 400 people. Mr. Ellsworth thanked the Council for the recognition. Mr. Gramata thanked the Council for the recognition. Mr. Hewison thanked the H.O.P.E volunteers and the partnerships with the local church community and community organizations. PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE peidre Person, 14605 Fair Oak Drive, commented on incidents in her neighborhood. She noted that she had been before the Public Safety Advisory Commission regarding the same issues. She indicated that her home was burglarized, there was graffiti throughout her neighborhood and mailboxes were being burglarized as well. She also noted that cars had been burglarized while parked in driveways of the homeowners. She indicated that there would be a Neighborhood Watch formed in her neighborhood. She commented that she wanted assurance that the resources were being allocated appropriately. She indicated that she was pleased to see that there were 3 additional officers added to the Lake Elsinore Police Department. Donna Franson, Lake Elsinore Citizen Committee, commented that their news letter had been mailed to the residents. She noted that citizens were showing concerns regarding the traffic issues within the City. She read a comment card the Committee had received that offered a positive stand point on the growth of the City. Pete Dawson, 18010 Grand Avenue, commented on the Laing Home project in the back basin. He reminded Council and the community that the golf course and club house was to be completed priar to any dwelling occupancy. Chris Hyland, Lake Elsinore, commented that she was against building in the back basin. She indicated that she had attended a water conference in San Diego. She commented that there were 8 earthquakes in the back basin. She also commented that the levy would not keep a flood from occurring in the City. She noted that there was a map that showed different land elevations in the back basin. Agenda Item No. Page_ of_ Page 5- City Council Minutes - December 13, 2005 Ruth Atkins, Downtown Merchant Association, commented that the Open Air Market would start in January 2006 and would take place on the 4"' Sunday of every month. CONSENT CALENDAR ITEMS The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 4 and 10. MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIIVIOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED WITH MODIFICATION TO THE MINUTES. The following Minutes were approved: a. Joint City CounciURedevelopment Agency Study Session - October 11, 2005. b. Regular City Council Meeting - October 25, 2005. c. Regular City Council Meeting - November 8, 2005. 2. Ratified Warrant List for November 30, 2005. 3. Adopted Resolution No. 2005-168 to Annex property from Annexation Area No. 16 (TR 32129) into the CFD 2003-1 and Schedule the public hearing on Annexation Area No. 16 (TR 32129) for January 24, 2006. 5. Adopted Resolution No. 2005-170 to Annex Property from Annexation Area No. 15 (La Strada) into the CFD 2003-1. Schedule the public hearing on Annexation Area No. 15 (La Strada) for January 24, 2006. 6. Approved Engineer's Report for Annexation No. 8(La Strada) to LLMD No. 1. Adopted Resolution 2005-171 to Annex into LLNID No. 11. Schedule the public hearing on the District Formation for January 24, 2006. 7. Approved Final Map No. 33191, subject to the City Engineer's acceptance Agenda Item No. Page_ of_ Page 6- City Council Minutes - December 13, 2005 as being true and correct. Authorized the City Clerk to accept all dedications, sign the map and arrange far the recordation. Approved Final Map No. 28214-4, subject to the City Engineer's acceptance as being true and correct. Authorized the City Clerk to accept all dedications, sign the map and arrange for the recardation. 9. Approved Poe Street pavement rehabilitation Change Order No. 2. 11. Rejected claims and directed the City Clerk to send letters informing the claimants of this decision. ITEM PULLED FROM THE CONSENT CALENDAR 4. Resolution initiating proceedings and approving the Engineer's report for the Annexation of certain territory known as Tracts 30698 & 32129 into the City of Lake Elsinare Landscape and Street Lighting District No. 1, as LLMD Annexation No. 9(TR 30698 & 32129). MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE ENGINEER'S REPORT FOR ANNEXATION NO. 9(TR 30698 & 32129) TO LLMD NO. 1, ADOPT THE RESOLUTION 2005-169 TO ANNEX INTO LLMD NO. 1. SCHEDULE THE PUBLIC HEARING ON THE DISTRICT FORMATION FOR JANUARY 24, 2006. 10. Alberhill Ranch Community Park Conceptual Design Approval. Councilmember Kelley called forward Bob Parmally and Tom Thomlason, representatives of Castle & Cooke. She noted that they were instrumental in bringing the Boys & Girls Club to Lake Elsinore. She requested that they commented on the design of the park. Mr. Parmally gave overview of the conceptual design. He indicated that from an engineering and design concept standpoint they supported the design before Council. He indicated that Castle & Cooke was committed to completing the park by August 2006. Councilmember Kelley commented that there would be a Police substation located in the park. Agenda Item No. Page_ of Page 7- City Council Minutes - December 13, 2005 MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE ALBERHILL RANCH COMMUNITY PARK CONCEPTUAL DESIGN. PUBLIC HEARINGS 21. Supplemental Environmental Impact Report (SCH No 20050610331• General Plan Amendment No. 2005-07; Amendment No. 8 to the East Lake Specific Plan No. 93-3; and Vesting Tentative Tract Man No 34017. Mayor Magee introduced the item and opened the public hearing at 7:25 p.m. Mayor Magee deferred to Community Development Director Preisendanz. Mr. Preisendanz gave an overview of the item. He indicated that the proj ect went before the Planning Commission on December 6, 2005. He further indicated that the Planning Commission was recommending approval of Vesting Tentative Tract Map No. 34017. He also indicated that the Planning Commission failed to make recommendation to the City Council regarding adoption of Findings of Consistency with MSHCP, Certification of the Supplemental Environmental Impact Report, General Plan Amendment No. 2005-07 and Amendment No. 8 to East Lake Specific Plan No. 93-3. He noted that staff was recommending that the Agency Board concurred with City Council action to adopt the resolution for the MSHCP, resolution for Certification of the Supplemental EIR, resolution for General Plan Amendment No. 2005-07, Ordinance approving Amendment No. 8 to East Lake Specific Plan No. 93-3 and resolution approving Vesting Tentative Tract Map No. 34017. He noted that there was a clarification made during the Study Session, which staff had removed the proposal to change the roadway classification of Bundy Canyon Road from an urban anterior 120 foot right-of-way to a modified 41ane 112 foot right-of-way. Karl Gulledge, Skydive Elsinore, commented on the history of the airport. He commented on the Laing Homes in the back basin. He noted that he was in support of the LiJMOS project. He indicated that the airport continued to have a future. He indicated that the Council had always supported the airport. Agenda Item No. Page_ of_ Page 8- City Council Minutes - December 13, 2005 Thomas Mongolia, 33143 Marvell Lane, commented that he had been an employee for the Lake Elsinore Motocross Park for the past 2 years. He expressed the importance of the park for the youth. Joshua Leone, 33143 Marvell Lane, commented that he had been an employee of the Lake Elsinore Motocross Park for the past 3 years. He commented that the park provided him the opportunity to occupy his time and help other people. He commented that he supported the development. Krystal Carlson, 28755 Hapshire, Quail Valley, commented that she was also employed by the Motocross Park and she was in support of the project. Sarah Rennaker, 33805 Vino Way, commented that she was also employed by the Motocross Park and the park had brought her family closer. She noted that the park was fun for her family. Randy Hiner, 4355 San Fermin, Temecula, commented that he was in support of the LUMOS project. He felt that LLTMOS was able to bring a housing development to the City while keeping the recreational aspect in the area. He noted that the Motocross Park would be relocated. He commented that they would be located in a bowl type area and the noise and dust issue would be eliminated. Tyson Burmeister, 3177 Shadow Canyon Circle, Norco, commented that he was a professional motocross rider. He indicated that he attended the park 3 times per week. He commented that it allowed him to pursue his career. He commented that he was in support of the project. J.R. Worcester, 33805 Sweetwater Canyon Road, commented that he was in support of the project. He noted that there was nowhere to ride if the track was closed permanently. Pete Dawson, 18010 Grand Avenue, commented that the East Lake back basin should be reserved for non residential uses. He noted recreational uses were perfect for that area. He noted that the project proposed homes in the flood plains. Thomas Grady, Lake Car Wash, commented on the project. He noted that he had reviewed the plans, and the residential and recreational aspects were complimentary. He noted that the project would be beneficial from an Agenda Item No._ Page_ of Page 9- City Council Minutes - December 13, 2005 economic standpoint for the southern part of the City. He noted that he was in support of the project. Kim Cousins, Lake Elsinore Valley Chamber of Commerce President, commented that the chamber and its Board of Directors were in support of the project. He noted the project provided a buffer against residential development. He noted that the airport and motocross were unique to the community and needed to be protected. He noted that both facilities brought large numbers of out-of-town visitors. Leonard Leichnitz, LLJMOS Communities, commented that he had spoken to members of the community; and the response he received was that the community wanted to preserve and enhance recreational opportunity in the back basin. He noted the revisions made to their plans. He noted that their plans were reduced by nearly 600 units than what the existing Specific Plan reflected. Mayor Magee closed the public hearing at 7:45 p.m. Councilmember Buckley commented that he had opposed the Laing project in the back basin area. He noted that there were issues with building in the flood plains and he felt that nonresidential usage was better. He noted that the project had a better design than the Laing project. He noted the importance of the airport in the community. Councilmember Hickman questioned the water table. Mr. Leichnitz indicated that the water table fluctuated at different areas of the project. He noted that it was at its highest in the residential area and they would be adding another 12 feet of dirt; and it was at it lowest in the recreational area. He noted the recreational area was the main concern. Councilmember Kelley complimented Mr. Leichnitz on the architectural design. She noted the Specific Plan before Council was a major improvement. Mayor Pro Tem Schiffner commented that with the project they were able to establish a location for the airport and the park. Mayor Magee commended Mr. Leichnitz on his approach of this project. He noted that Mr. Leichnitz took the time to become familiar with the Agenda Item No._ Page_ of Page 10 - City Council Minutes - December 13, 2005 community and the concerns of the residents. He noted that the homes would be built above flood plain elevation; and the recreational uses would be built below the flood plain elevation. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-172 FOR FINDINGS OF CONSISTENCY WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP). MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-173 FOR CERTIFICATION OF THE SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (SCH NO. 2005061033) MOVED BY KELLEY, SECONDED BY BUCKLEY, AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-174 APPROVING GENERAL PLAN AMENDMENT NO. 2005-07 WITH MODIFICATIONS TO CONDITION NOS 7 AND 51 TO ADD "UNTIL MARCH 30TH, 2006. MOVED BY KELLEY, SECONDED BY HICKMAN TO ADOPT ORDINANCE NO. 1166, APPROVING AMENDMENT NO. 8 TO THE EAST LAKE SPECIFIC PLAN NO. 93-3. ORDINANCE NO. 1166 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING AMENDMENT NO. 8 TO THE EAST LAKE SPECIFIC PLAN NO. 93-3, LOCATED SOUTH OF MISSION TRAIL, WEST OF CORYDON STREET, NORTH OF COMO STREET AND EAST OF THE PROPOSED JOHN LAING HOMES PROJECT AND KNOWN AS ASSESSOR'S PARCEL NOS. 370-020-003; 370-030-004, -006, AND -012; 370-040-036 THRU -038; 370- 070-001, -002, -004 THRU -006; AND -010; 370-OSO-009 AND -010. UPON THE FOLLOWING ROLL CALL VOTE: Agenda Item No. Page_ of_ Page 11- City Council Minutes - December 13, 2005 AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: CONDITION OF APPROVAL PLANNING DIVISION NONE NONE NONE 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, 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 Amendment No. 8 to the East Lake Specific Plan No. 93-3, which action is brought within the time period provided for in California Government Code Sections 65009 and/ar 6649937, 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 City intends to file a Notice of Determination with the Riverside County Clerk's office within five (5) business days from the approval of this map by the City Council. The applicant shall forward to the Planning Department secretary, a check made payable to the Riverside County Clerk, in the amount of $914.00 to pay for the cost of such filing. This check shall be received by the secretary no more than 48 hours from the approval by the Council. 3. The applicant shall comply with the Mitigation Monitoring Program (MNII') adopted for this project, as printed with the certified Final Supplemental Environmental Impact Report (State Clearinghouse #2005061033). Agenda Item No. Page_ of Page 12 - City Council Minutes - December 13, 2005 4. The applicant shall fund the implementation of the M1VIP through every stage of development. The City shall appoint an environmental monitor who shall periodically inspect the project site, documents submitted by the applicant, permits issued, and any other pertinent material, in order to monitor and report compliance to the City until the completion of the project. 5. No Development Agreement by and between the City of Lake Elsinore and the applicant has been recorded for this proj ect. 6. The applicant shall sign and return an"Acknowledgment of Conditions" to the Community Development Department within 30 days of approval. 7. The applicant shall submit 15 final revised copies upon approval of Amendment No. 8 to the East Lake Specific Plan No. 93-3. a. The revised copies shall adjust all references to the total number of dwelling units allowed in SPA #8 from 1, 796 units to 1, 668 units. b. The revised copies shall adjust the Governing Statistical Table - Amendment 8 Area, Appendix A, following Page VI-6. Revised by Staff, December 7, 2005. 8. The developer sha11 provide an educational interpretive sign program along the open space areas for the benefit of families interested in the Multi-Species Habitat Conservation Program. 9. Land uses allowed in the Specific Plan No. 8 area shall comply with the Department of Transportation Land Use Compatibility Guidelines. COMMiJNITY SERVICES DEPARTMENT 10. A water feature/lake on 5 acres is scheduled to be constructed as part of Designation #2 in Figure 16 - Open Space Plan of the Amendment to the East Lake Specific Plan No. 93-3. If City elects not to accept a lake within a public park, the lake amenity will be eliminated from the park. Agenda Item No. Page_ oF_ Page 13 - City Council Minutes - December 13, 2005 OTHER AGENCIES 11. The applicant shall comply with the requirements of the Riverside County Flood Control and Water Conservation District, as detailed in their letter dated May 17, 2005 Attachment: RCFCWCD letter dated May 17, 2005 (End of Conditions) MOVED BY KELLEY, SECONDED BY BUCKLEY, AND CARRIED BY iJNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-175 APPROVING VESTING TENTATIVE TRACT MAP NO. 34017. CONDITIONS OF APPROVAL PLANNING DIVISION 1. Vesting Tentative Tract Map No. 34017 will expire two (2) years from date of approval unless within that period of time a final map has been filed with the County Recorder, or an extension of time is granted by the City of Lake Elsinare City Council in accordance with the Subdivision Map Act (SMA). Additional extensions of time (36 months maa~imum time per the SMA) may be granted with City Council approval. Should the developer choose to phase the final map, he shall comply with this Condition, shall design the phasing consistent with Amendment No. 8 to the East Lake Specific Plan Na 93-3, and shall comply with the requirements of the SMA. 2. Vesting Tentative Tract Map No. 34017 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code (Title 16), unless modified by approved Conditions of Approval. 3. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, 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 Vesting Tentative Tract Map No. 34017, which action is brought within the time period provided for in California Government Code Sections 65009 Agenda Item No._ Page_ of_ Page 14 - City Council Minutes - December 13, 2005 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. 4. The City intends to file a Notice of Determination with the Riverside County Clerk's office within five (5) business days from the approval of this map by the City Council. The applicant shall forward to the Planning Department secretary, a check made payable to the Riverside County Clerk, in the amount of $914.00 to pay for the cost of such filing. This check shall be received by the secretary no more than 48 hours from the approval by the Council. 5. The applicant shall comply with the Mitigation Monitoring & Reporting Program (MMRP) adopted for this project, as printed with Supplemental Environmental Impact Report (State Clearinghouse No. 2005061033) for Waterbury, unless superceded by these Conditions. 6. The applicant shall fund the implementation of the MNII' through every stage of development. The City shall appoint an environmental monitor who shall periodically inspect the project site, the documents submitted by the applicant, the permits issued, and any other pertinent material, in order to monitor and report compliance to the City until the completion of the proj ect. 7. Conditions of Approval for Amendment No. 8 to the East Lake Specific Plan No. 93-3, and Conditions of Approval for previous amendments and the original specific plan that pertain to this site as determined by the Community Development Director, shall apply to Vesting Tentative Tract Map No. 34017. The Community Development Director shall make his determination prior to March 30, 2006. Revised by the City Council, December 13, 2005. 8. Vesting Tentative Tract Map No. 34017 must comply with the Development Standards for Amendment No. 8 to the East Lake Specific Plan No. 93-3. Agenda Item No. Page_ of_ Page 15 - City Council Minutes - December 13, 2005 9. The applicant shall sign and retum an "Acknowledgment of Conditions" to the Community Development Department within 30 days of the Vesting Tentative Tract Map approval by the City Council. PRIOR TO FINAL TRACT MAP: lO.The applicant shall comply with all requirements of the Riverside County Fire Department. 11.A11 lots shall comply with minimum development standards approved with Amendment No. 8 to the East Lake Specific Plan No. 93-3. Wherever the Specific Plan is silent, the standards of the most similar residential zone shall apply. 12.A precise survey with closures far boundaries and all lots shall be provided per the LEMC. 13.Street names within the subdivision shall be approved by the Community Development Director or designee prior to final map approval. 14.A11 of the improvements shall be designed by the developer's Civil Engineer to the specifications of the City of Lake Elsinore. 15.Prior to final map approval, the applicant shall initiate and complete the formation of a homeowners' association approved by the City, recorded and in place. All Association documents shall be reviewed and approved by the City and recorded, such as the Articles of Incorporation and Covenants, Conditions and Restrictions (CC & R's). The HOA shall be responsible for the maintenance of all open space areas and maintenance easement areas within the residential planning areas. The HOA shall maintain or shall coordinate with the appropriate agency approved by the Community Development Director or his designee, for such maintenance. a. In the event that the Homeowners' Association fails to meet its responsibilities with regards to the maintenance of open space areas, the Lighting, Landscaping and Maintenance District shall automatically provide such maintenance and assess the HOA far such service. Agenda Item Na_ Page_ of Page 16 - City Council Minutes - December 13, 2005 16.A11 lettered lots shall be owned and maintained by the HOA or other entity approved by the Community Development Director and so noted on the Final Map. 17.The Final Map shall identify downslopes adjacent to streets as open space lots maintained by the HOA or as HOA Maintenance Easements, or maintained by another entity approved by the Community Development Director. HOA Maintenance Easements shall be planted, irrigated and maintained by the HOA. PRIOR TO GRADING AND BUILDING PERNIITS: 18.A11 future structural development associated with this map requires separate Design Review approval. 19.The applicant shall submit for review and approval by the Community Development Director a Phasing Plan that shows primary, secondary and construction access. 20.The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence befare 7:00 a.m. and shall cease at 5:00 p.m., Monday through Friday. Construction activity shall not take place on Saturday, Sunday or any legal holidays. 21.Upon violation by the applicant of the City's Noise Ordinance or Condition of Approval #20, the applicant shall cease all construction activities and shall be permitted to recommence such activities only upon depositing with the City a$5,000 cash deposit available to be drawn upon by the City to fund any future law enforcement needs that may be caused by potential project construction violations and the enforcement of the City's Noise Ordinance and Condition of Approval #17. The applicant shall replenish the deposit upon notice by the City that the remaining balance is equal to or less than $1,000. 22.Priar to the issuance of a grading permit, the applicant shall have a burrowing owl survey prepared by a licensed biologist, and submitted to the Community Development Department. Agenda Item No._ Page_ of_ Page 17 - City Council Minutes - December 13, 2005 23.Prior to the issuance of a grading permit, the applicant shall prepare a Determination of Biologically Equivalent or Superior Preservation (DBESP) report and submit the report to the Community Development Department. 24.Prior to the issuance of a building permit, the applicant shall pay the City's Multiple Species Habitat Conservation Plan Local Development Mitigation Fee in effect at that time. 25.Prior to the issuance of any building permit for the Project, Developer shall enter into an agreement with the City and the Redevelopment Agency of the City of Lake Elsinore to provide (a) 15% of the units constructed in the Project as affordable housing units in accordance with the requirements of Section 33413(b)(2) of the California Community Redevelopment Law (Health & Safety Code Sections 33000 et seq.), or (b) an alternative equivalent action as determined by the City which may include (without limitation) dedication of vacant land, construction of affordable units on another site, or payment of an in lieu fee at the rate of $2.00 per square foot of assessable space for each dwelling unit in the Project. For purposes of this condition, "assessable space" means all of the square footage within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, detached accessory structure, or similar area. The amount of the square footage within the perimeter of a residential structure shall be calculated by the building department of the City in accordance with the standard practice of the City in calculating structural perimeters. Revised by the City Council, December 13, 2005. 26.The applicant shall comply with the requirements of the Lake Elsinore Unified School District under the provisions of SB 50, wherein the owner or developer shall pay school fees or enter into a mitigation agreement prior to the issuance of a certificate of compliance by the District. 27.The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the Elsinore Valley Municipal Water District (EVMWD). Agenda Item No._ Page_ oF_ Page 18 - City Council Minutes - December 13, 2005 28.A11 storm drains are to be maintained in accordance with the cooperative agreement with the Riverside County Flood Control and Water Conservation District. 29.The developer shall submit plans to the electric utility company to layout the street lighting system. The cost of street lighting, installation, and energy charges shall be the responsibility of the developer andJor the Association until streets are accepted by the City. Said plans shall be approved by the City and installed in accordance with City Standards. 30.The applicant shall meet all requirements of the providing electric utility company. 31.The applicant shall meet all requirements of the providing gas utility company. 32.The applicant shall meet all requirements of the providing telephone utility company. 33.A bond is required guaranteeing the removal of all trailers used during construction. 34.A11 signage shall be subject to Planning Division review and approval prior to installation. 35.Landscape Plans for the tract shall: a. Include vegetative screening of retention basins and service roads consistent with that depicted in Amendment No. 8 to the East Lake Specific Plan No. 93-3. b. Include street landscaping design consistent with previously approved plans far Diamond DriveBundy Canyon Road. 36.Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the City Engineer and the Planning Division. Analysis of impacts of fills and cuts greater than sixty feet (60') shall be Agenda Item No. Page_ of Page 19 - City Council Minutes - December 13, 2005 provided. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. PRIOR TO DESIGN REUIEW: 37.Elevation drawings for Design Review shall include four-sided architectural features for both the first and second story. The applicant may submit to the Community Development Director ar his designee, far review and approval, evidence that a particular elevation is hidden from public view and not visible due to elevation changes. In those instances, to be determined by the Community Development Director or his designee on a case-by-case basis, this condition may be waived. 38.Slopes on individual lots that are in excess of three feet in height shall be installed, landscaped and irrigated by the developer prior to issuance of a Certificate of Occupancy. 39.Downslopes adjacent to streets in the residential areas shall be maintained by the HOA. 40.A detailed fencing plan shall be required for review and approval during the Design Review process. 41.A detailed lighting and street furniture plan shall be submitted to the Community Development Director for review and approval. 42.A detailed phasing plan shall be required for review and approval during the Design Review process. a. Construction phasing plans shall include the location of construction fencing for each phase. b. Construction phasing plans shall indicate primary and secondary access and the location of all utilities for each phase. c. Construction phasing plans shall be designed to avoid construction traffic from entering occupied neighborhoods to the greatest extent possible. For safety purposes construction phasing plans shall also be designed such that new residents can avoid traveling through construction areas. Agenda Item No._ Page_ of _ Page 20 - City Council Minutes - December 13, 2005 ENGINEERING DIVISION 43.Applicant shall implement the on- and off-site improvements shown on Table 3.10-9 of the Final SEIR for Waterbury. The off-site improvements required in the "Without Project" columns are assumed to be constructed by others and/or through TIF or TUMF programs. To the extent that these improvements are not constr5ucted by others, the applicant shall provide the "Without ProjecY' improvements subject to a reimbursement agreement with the City. 44.Applicant shall construct a traffic signal and intersection enhancements at the intersection of Diamond Drive (Bundy Canyon Road) and Corydon Street. The alignment shall be coordinated through the Engineering Division. 45.Applicant shall align Street "B" to align with Olive Street. 46.Applicant shall construct the extension of Diamond Drive through the project. The cross section shall conform to the recommendations in the approved traffic study. 47.As part of the intersection widening at Diamond Drive and Corydon Street, Applicant shall construct a median on Diamond Drive which extends 300- feet north of the intersection at Corydon. The median shall accommodate left turn traffic traveling from Diamond Drive onto Corydon and align with the proposed alignment of Bundy Canyon Road. 48.Some improvements shown on the map and/or required by the conditions contained herein, are located off-site on property which neither the developer nor the City has sufficient title or interest to permit the improvements, without acquisition of title or interest. The developer shall make a good faith effort to acquire the required off-site property title or interest. If unsuccessful, the developer shall enter into an agreement with the City to complete the improvements pursuant to the Subdivision Map Act, Section 66462.5. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off-site property title or interests required in connection with the subdivision. Agenda Item No._ Page_ of Page 21- City Council Minutes - December 13, 2005 49.Internal streets as shown on Vesting Tentative Tract Map No. 34017 shall comply with the approved roadway cross sections shown in the traffic study document. SO.Per Ordinance 1105 as interpreted by the Flood Plain Administrator, the minimum top of foundation elevation shall be 1267. No pad shall be constructed below this elevation unless approved by the City Engineer. Also per Ordinance 1105, imported fill from beyond Corydon, Mission Trail, Lakeshare Drive, Riverside Drive or Grand Avenue shall not be allowed. 51. Applicant shall comply with the regulations stipulated in Amendment No. 8 to the East Lake Specific Plan No. 93-3, as well as regulations approved with the East Lake Specific Plan and its previous amendments that are not covered by SPA #8 but pertain to the site as determined by the Community Development Directar. The Community Development Director shall make his determination prior to March 30, 2006. Revised by the City Council, December 13, 2005. 52.Intersecting streets shall comply with minimum Caltrans required sight distance. 53.Each phase of construction shall have two operational, all weather roadways as approved by the Fire Department. 54.Applicant shall process Roadway vacations for Elsinore Road, Cereal Street as configured within the project. The Vacation shall be processed in conjunction with this final map. SS.Drainage currently flowing into this project shall continue to be accepted into the open space areas. 56.A11 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. 57.A11 Capital Improvement, Mitigation and Plan Check fees shall be paid (LEMC 16.34, Resolution 85-26). Agenda Item No._ Page_ oF_ Page 22 - City Council Minutes - December 13, 2005 58.A "Will Serve" letter shall be submitted to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this proj ect. Letter shall be submitted prior to Final Map Approval. 59.A11 public works improvements shall be constructed per approved street plans (LEMC 12.04 and 16.34). 60.The applicant shall be responsible for making such changes as may be required to access the properties currently fronting Cereal Street adjacent to Corydon Street, to accommodate the proposed alignment of Diamond Drive. 61.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. 62.Applicant shall pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of public warks improvements (LEMC 12.08 and Resolution 83-78). 63.A11 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 public warks improvements will be scheduled and approved. 64.Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approvaL 65.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. 66.Applicant shall provide fire protection facilities as required in writing by Riverside County Fire. 67.Applicant shall provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineering Manager. Agenda I[em No._ Page_ of Page 23 - City Council Minutes - December 13, 2005 68.Applicant shall install blue reflective pavement markers in the street at all fire hydrant locations. 69.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 tract. 70.A11 improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info/GIS or applicant to pay $300 per sheet for City digitizing. 71.All utilities except electrical power lines greater than 12KV shall be placed underground, as approved by the serving utility. 72.Applicant shall 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 Engineering Manager. In the event grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall be obtained so that a cursory drainage and flow pattern inspection can be conducted prior to grading. 73.Applicant shall provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 74.An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. In the event the project is unaffected by any fault zone, developer shall provide a document certified by a licensed Geotechnical Engineer or Licensed Geologist identifying the site as being outside the fault zone. 75.A11 grading shall be done under the supervision of a Geotechnical Engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 feet in height shall be contoured. Agenda Item No._ Page_ of Page 24 - City Council Minutes - December 13, 2005 76.Individual lot drainage shall be conveyed to a storm drain facility and conveyed to the public storm drain system. Any non-historic storm flows shall not be accepted without a notarized and recorded letter of drainage acceptance from the affected property owner(s) or conveyed to a drainage easement. 77.On-site drainage facilities located outside the road right-of-way shall be contained within drainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions". 78.A11 natural drainage traversing the site shall be conveyed through the site, ar shall be collected and conveyed by a method approved by the City Engineering Manager. 79.Applicant shall submit Hydrology and Hydraulic Reports for review and approval by the City Engineer and the Riverside County Flood Control District prior to approval of final map. Applicant shall mitigate any flooding and/or erosion caused by development of the site and diversion of drainage. 80.A11 drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 81.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 Engineering Manager. 82.Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains should drain to a landscaped area whenever feasible. 83.Ten-year storm runoff shall be contained within the curb and the 100-year storm runoff shall be contained within the street right-of-way. If either of these criteria is exceeded, additional drainage facilities shall be installed. 84.Applicant shall be subject to all Master Planned Drainage fees. Staff will review the potential for fee credit for all Master Planned Drainage facilities constructed. 85.Applicant will be required to install BMP's using the best available technology to mitigate urban pollutants from entering the watershed. Agenda Item No. Page_ of_ Page 25 - City Council Minutes - December 13, 2005 86.Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading 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. 87.Educational 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 meet the goals of the BMP in Supplement "A" in the Riverside county NPDES Drainage Area Management Plan. 88.Applicant shall provide far first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 89.Intersection site distance shall meet the design criteria of the CALTRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance can be obstructed, a special restricted use easement must be recorded to limit the slope, type of landscaping and wall placement. 90.Riverside County Fire Department shall approve width and radii of private streets and the length and configuration of hammerhead turnarounds priar to final map approval. 91.In accordance with the City's Franchise Agreement far waste disposal and recycling, the applicant shall be required to contact 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. COMMiJNITY SERVICES DEPARTMENT 92.Developer to pay park fees of $1,600 per unit. The park fee shall be subject to credits for park dedication and construction and, to the extent such credits exceed the total park fees payable, the City shall reimburse applicant from Agenda Item No._ Page_ of_ Page 26 - City Council Minutes - December 13, 2005 other park fees collected from future development within the East Lake Specific Plan." 93.Developer will be required to participate in the "Public Facility" fee program. 94.A11 interior landscape, recreation areas, facilities and/or open space to be maintained by the HOA. No park credits shall apply. 95.If the Community Center is to be a private facility, no park credits will be given. 96.HOA to maintain all parkway and common landscape areas. 97.HOA to maintain all natural and manufactured slopes. 98.HOA to maintain all drainage facilities and structures. 99.HOA to maintain all catch basins, collectors, v-ditches or any other related flood control or storm water control device. 100. Developer to participate in the City-wide LLNID. 101. Developer to annex into LLMD District 1 for all exterior landscaping to be maintained by the City. 102. Developer to comply with all City Ordinances regarding construction debris removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code. 103. Developer to provide the City with an inventory of all street signs, street markings, street trees and total square footage of all streets in a digital format acceptable to the City. 104. City to review and approve all park development and implementation plans. 105. City's Landscape Architect to review all landscape and/or irrigation plans. Agenda Item No._ Page_ of _ Page 27 - City Council Minutes - December 13, 2005 106. City to maintain the detention basin only. HOA to maintain all catch basins, collectors, v-ditches or any other related flood control or storm water control device. 107. A water feature/lake on five acres is scheduled to be constructed as part of Designation #2 in Figure 16 - Open Space Plan of the Amendment to the East Lake Specific Plan No. 93-3. If City elects not to accept a lake within a public park, the lake amenity will be eliminated from the park. 108. A twelve-acre sports park will be located in Designation #3 of Figure 16 - Open Space Plan of the Amendment to the East Lake Specific Plan No. 93- 3. The sports park improvements shall be included as Faze 1, or as soon as utilities are available to initiate construction of the site. Utilities shall include all wet and dry services. 109. The park plan to be designed by the developer and approved by the City prior to construction. DEPARTMENT OF ADMINISTRATIVE SERVICES Annex into CFD 2003-1 110. Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall annex into Community Facilities District 2003-1 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. Annex into LLMD No. 1 111. Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall annex into Lighting and Landscape Maintenance District No. 1 to offset the annual negative fiscal impacts of the project on public right-of-way landscaped areas to be maintained by the City and for street lights in the public right-of-way for which the City will pay for electricity and a maintenance fee to Southern California Edison. Agenda Item No. Page_ of_ Page 28 - City Council Minutes - December 13, 2005 CFD for Park, Parkwav, Open Space and Storm Drain Maintenance 112.Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall form a Mello-Roos Community Facilities District to fund the on-going operation and maintenance of the new parks, parkways, open space and public storm drains constructed within the development and federal NPDES requirements to offset the annual negative fiscal impacts of the project. OTHER AGENCIES 113.The applicant shall comply with the requirements of the Riverside County Flood Control and Water Conservation District dated October 19, 2005. APPEALS 22. Appeal to City Council of Determination and Order, of Abatement of Nuisance. Mayor Magee introduced the item and deferred to City Manager Brady. City Manager Brady gave overview of the item. He indicated that the item was an appeal of a decision made by the Nuisance Abatement Board. He noted the address was 1411 Pottery. He indicated that the mobile home was placed on the lot without permits or design review and approval by the Planning Commission. He indicated that a septic tank was installed and a foundation was dug without any permits from the City. He commented that the City had placed a stop work notice on the property. The property became an attraction nuisance and was sent before the Nuisance Abatement Board. Robert Rosenstein, Attorney representing the property owner, commented that the citation and notice of abatement were issued incorrectly. He indicated that the owner was in the process of obtaining all necessary permits. He commented that there were 4 properties that were put in place simultaneously. He indicated that the City had lost the plans for the other 3 properties; and it was announced at the Abatement hearing that the plans were found and the proper permits would be issued. He requested that the Council overruled the Nuisance Abatement Board decision. Agenda I[em No._ Page_ of_ Page 29 - City Council Minutes - December 13, 2005 Councilmember Buckley questioned if there were permits in process. City Manager Brady commented that if the project had not gone before the Planning Commission design review the permits could not have been issued until that process had been completed. Councilmember Buckley clarified that the building was in place prior to Planning Commission approval. Building & Safety Manager Chipman confirmed. He indicated that there were no permits, although the applicants had applied for permits. Mr. Chipman eaplained that the applicant submitted one set of structural plans for 4 different sites and submitted grading plans and site plans for each of the lots. He further explained that the plans were not lost; they were tagged incorrectly because of the four separate addresses. He noted that the applicant placed the mobile home on the lot without approval and that they had not submitted any plans to show the configuration of this particular site as well as if the home could be placed on the site and meet the setback requirements. MOVED BY BUCKLEY, SECONDED BY SCHIFFNER TO UPHOLD THE DECISION OF THE N[TISANCE ABATEMENT HEARING BOARD, DECLARING THE PROPERTY LOCATED AT 1411 POTTERY STREET A NUISANCE AND DENY THE APPEAL AND THE CITY MOVE FORWARD ON THE OTHER NON-PERMTTTED UNITS. Councilmember Hickman commented that they would not begin construction of a stick built home without obtaining a permit and this was no different. Mr. Rosenstein explained that one of the construction supervisors had told his clients that he had received the permission from the City to move the homes onto the properties. Mayor Pro Tem Schiffner questioned if there was in fact a septic tank installed at the property in question. Mr. Rosenstein commented that from his understanding no such work had been done. Mayor Pro Tem Schiffner commented that everything that had been done at that property was done without a permit. Councilmember Kelley commented that the Council had received complaints from residents; and the properties had become an attractive nuisance. She noted that the homes were placed on the lots in June 2004. Councilmember Buckley commented that the property at 1411 Pottery did have a septic tank; and noted that the engineering plans for all four Agenda Item No. Page_ of Page 30 - City Council Minutes - December 13, 2005 properties could not be identical unless the homes were being placed on the same lot. Mayor Magee commented that the septic tank permits were issued by Riverside County Health Department and Council did not have that permit. Mr. Rosenstein commented that he had given the permit at the Nuisance Abatement hearing. City Manager Brady commented that he was not aware of a permit being issued and deferred to Community Development Director Preisendanz. Mr. Preisendanz indicated that the main issue was that there was no Planning Commission approval for the site. He indicated that staff could verify if there was Health Department approval. Mayar Magee commented that there had been a septic tank and a mobile home unit stored in the City for over a year. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. BUSINESS ITEMS 31. Commercial Design Review No. 2005-02 known as Lake Elsinore Ford. Mayor Magee introduced the item and deferred to Community Development Director Preisendanz. Mr. Preisendanz gave overview of the item. He indicated that the project went before the Planning Commission on December 6, 2005. He further indicated that the Planning Commission was recommending approval to the City Council. Councilmember Buckley commented that he would support the project if the request for the tax reimbursement was brought back before the Council in 60 days and that it be no higher than the offer to Chevrolet, that it and included a full and detailed list of the work to be done and that it reconciled with a previously approved channel related reimbursement. Councilmember Hickman commented that he was concerned with parking. He questioned if there would be adequate parking. Mayor Pro Tem Schiffner questioned the parking requirements specified by the City. Community Development Director Preisendanz explained that there were 355 parking spaces required for the project based on the Agenda Item No._ Page_ of _ Page 31- City Council Minutes - December 13, 2005 development code; and the applicant was proposing 687 spaces on the site. He commented that they have spoken to the applicant about employee parking. Councilmember Kelley questioned if this development would alleviate the vehicles parked in the dirt lot along Auto Drive. Mayor Magee commented that the portion of the property that fronted on Lakeshore Drive was showing as non-paved. He questioned if vehicles would be parked in that area. Mr. Preisendanz commented that there would be no cars parked in that area. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT RESOLUTION 2005-176 ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN. ADOPT RESOLUTION NO. 2005-177 ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2005-06, ADOPTING RESOLUTION NO. 2005-178 APPROVING COMMERCIAL DESIGN REVIEW NO. 2005-02 AND ALLOW 6 MONTHS FOR STAFF TO BRING BEFORE COUNCIL A REIMBURSEMENT AGREEMENT WITH LAKE ELSINORE FORD. GENERAL 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officexs, Employees, Agents, and its Consultants ~om any claim, acrion, ox proceeding against the City, its Officials, Officezs, Employees, ox Agents to attach, set aside, void, ox annul an appxoval of the City, its advisory agencies, appeal boaxds, ox legislarive body concexning implementation and construcrion of the pxoposed pxoject, which acrion is bought within the time pexiod pxovided fox in Califoxnia Government Code Secrions 65009 and/ox 66499.37, and Public Resouxces Code Section 21167. The City will pxompdy notify the appGcant of any such claim, acrion, ox pxoceeding against the City and will cooperate fully with the defense. PLANNING DIVISION 2. Approval of the idenfified project applications will lapse and be void unless building permits aze issued within one (1) year. 3. All Conditions of approval shall be reproduced on page one of building plans prior to their acceptance by Building Division. All Condifions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 4. All site improvements approved with this request sha11 be constructed as indicated on the Agenda Item No. Page_ of_ Page 32 - City Council Minutes - December 13, 2005 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 Plamiing Commission/City Council through subsequent action. 5. Structures shall be placed on-site as depicted on the site plan and/or as modified by the Community Development Director or designee. 6. The applicant shall comply with the City's Noise Ordinance Chapter 17.78 (Noise Control) of the LEMC. 7. The use of an outdoor public address system shall not be allowed. 8. The applicant shall not allow test driving of vehicles by customers and/or employees through residential areas. All test driving traffic shall be directed to; Auto Center Drive, major arterial streets or to the I-15 freeway. 9. Prior to the issuance of a building permit (i.e. light standazds), the applicant shall provide a photometric study. Said study shall be reviewed and approved to the satisfaction of the Community Development Director. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring properiy and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building. 10. The applicant shall prepaze a final wa11 and fence plan subject to the review and approval of the Community Development Director or designee. In addition, a decorative masonry wall shall be constructed along the west side of the planter identified to the north of the "pre-owned" sales office building. 11. Trash enclosures shall be conshucted per City standards as approved by the Community Development D'uector or designee, prior to issuance of building permit. 12. The Planning Division shall approve construction trailers utilized during construction. All construction trailers shall require a$1,000.00 cash bond for each. 13. Pazking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 14. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for loading zones. 15. Painted arrows on the asphalt shall be located at all internal drive aisles. 16. The applicant shall submit a Sign Program for the approval of the Planning Commission prior to the issuance of the first building permit. 17. All roof mounted or ground support air condi6oning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that Agenda Item No._ Page_ of Page 33 - City Council Minutes - December 13, 2005 they are not visible from neighboring property ar public streets. Any roof mounted central swamp coolers shall also be screened, and screening plan sha11 be approved by the Community Development Director, prior to issuance of building permit. 18. Applicant sha11 comply with the requirements of the Elsinore Va11ey Municipal Water District. Proof shall be presented to the Chief Building Official priar to issuance of building permits and final approval. 19. All exterior on-site lighting shall be shielded and directed on-site so as not to create glaze onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. The light fixture proposed is to match the azchitecture of the building. 20. All exterior downspouts shall be painted to match the building color. 2L Materials and colors depicted on the materials boazd shall be used unless modified by the Community Development Director or designee. 22. Prior to issuance of a Grading Pernut the applicant shall pay the appropriate MSHCP Fee. 23. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District haue been paid. 24. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 25. Prior to issuance of building permits, applicant shall pay pazk-in-lieu fee in effect at time of building pernut issuance. 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. The final landscaping/ixxigarion plan is to be xeviewed and appxoved by the City's Landscape Axchitect Consultant and the Community Development Dixectox ox Designee, priox to issuance of building pernvt. A Landscape Plan Check Fee will be chaxged priox to final landscape approval based on the Consultant's fee plus foxty pexcent (40%). a. All planting azeas 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, maximum of thirty feet (30) apart and at least twenty-four-inch (24") box in size. c. All planting areas shall be sepazated from paved azeas with a six inch (6") high and six inch (6") wide concrete curb. Agenda Item No. Page_ of Page 34 - City Council Minutes - December 13, 2005 d. Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). e. Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. £ 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. g. 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 yeazs with approval/acceptance by the Landscape Consultant and Community Development Director or Designee h. 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. i. Final landscape plan must be consistent with approved site plan. j. Final landscape plans to include planting and irrigation details. 28. The applicant shall comply with all mirigation measuxes identified in the Mirigation Monitoring Pxo~am fox Mitigated Negarive Declazarion No. MND 2005-06. 29. The applicant shall comply with Chaptex 17.98 of the Lake Elsinoxe Municipal Code (LEMC) xegaxding all tempoxaiy use activities. ENGINEERING DIVISION 30. The applicant shall dedicate right-of-way and shall construct full half width improvements on Auto Center Drive. Right-of-way dedication and improvements shall be consistent with general plan circulation element for a major roadway. Development shall construct median along Auto Center Drive for full frontage width of the project. Median design shall maintain existing circulation patterns. A striping and signing plan will be conditioned and it will show striping from Mill Street to the bridge with special attention to the design and adequate tapers of traffic lanes to tan from the bridge to the new four lane facility on Auto Center Drive. 31. Dedication and right-of-way shall be consistent with the City's local street standard. 32. Provide detention and desiltation basin sized to detain the increase in the 100 year storm flow between the developed and undeveloped site condition. Agenda Item No. Page_ of_ Page 35 - City Council Minutes - December 13, 2005 33. The slope on the north side of the project shall be improved with long-term erosion control planting. 34. The outlet drainage pipe on the east slope of the project shall be improved such that the outlet condition slows the dischazge to a non-erosive velocity and that the down stream property owner is protected from the 100-year storm flows. The existing outlet restriction shall be removed unless the applicant can demonstrate that the pipe was designed and constntcted to accommodate pressure flow. 35. Sight distance for ingress / egress at all driveways shall be unobstructed. 36. Parking shall not be allowed on Auto Center Drive within 120 feet north and 20 feet south of driveways. 37. 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. 38. 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. 39. All street improvements shall be installed and functioning prior to certificate of occupancy. 40. Pay all Capital Improvement and Plan Check fees (LEMC 1634, Resolution 85-26), mitigation fees, azea drainage fee, traffic impact fee (TIF), encroachment permit fees and inspection fees associated with the project and its development. 41. 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 issuance of a building pernut. 42. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to issuance of a building permit (LEMC 1634). 43. Street improvement plans and specifications shall be prepazed by a California Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standazds, latest edition, and City Codes (LEMC 12.04 and 1634). 44. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior issuance of a building permit. 45. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8'/z" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. Agenda Item No._ Page_ of_ Page 36 - City Council Minutes - December 13, 2005 46. The applicant shall install permanent survey monuments in compliance with the City's municipal code. 47. Applicant shall obtain all necessazy off-site easements for off-site grading or construction from the adjacent property owners prior to issuance of a building permit. 48. 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. 49. Provide fire protection facilities as required in writing by the Riverside County Fire Deparhnent. 50. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 51. Applicant shall install blue reflective pavement markers in the street at all fire hydrant locations. 52. Applicant shali submit a traffic control plan showing all traffic control devices for the project to be approved prior to issuance of a building perxnit. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs far streets within the development. 53. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant sha11 submit tapes and/or disks which aze compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. 54. Ali utilities (electrical, cable television, telephone) except electrical over 12 kv shall be placed underground, as approved by the serving utility. 55. 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 yazds and a grading plan is not required, a grading pernut shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 56. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 57. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 58. All grading shall be done under the supervision of a geotechnical engineer and he shall certify a11 slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. Agenda Item No. Page_ of Page 37 - City Council Minutes - December 13, 2005 59. 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. 60. 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 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. 61. Individual lot 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. 62. On-site drainage facilities located outside of road right-of-way should be contained within drainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions". 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. Meet all requirements of LEMC 15.64 regarding flood hazazd regulations. 65. Meet all requirements of LEMC 15.68 regarding flood plain management. 66. 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. Applicant shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 67. Ali drainage facilities in this site shall be constructed to Riverside County Flood Control District Standards. 68. 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. 69. 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. 70. A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed storm water run-off on private property. 71. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. Agenda Item No._ Page_ of_ Page 38 - City Council Minutes - December 13, 2005 72. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Boazd for their storm water pollution prevention plan including approval of erosion control for the grading 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 and including maintenance responsibilities. 73. Education guidelines and Best Management Practices (BMP) shall be provided to the manager of the business 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 meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 74. Applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollutants from parking azeas and driveways. These provisions include the development and compliance with a Water Quality Management Plan (WQMP). 75. Intersection site distance shall meet the design criteria of the CALTRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. 76. Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered civil engineer. 77. All parcels shall have direct access to public right-of-way or be provided with a minimum 30 ft ingress and egress easement to public right-of-way by sepazate instrument or through map recordation. 78. The final map sha11 show the abandonment of dedications of public right-of-way or easements by appropriate certifications on the map as applicable. 79. Existing access easements over property must be addressed to the satisfaction of the easement owners prior to final map approval. 80. 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 shall contract with CR&R, Inc., in accordance with the City's Franchise Agreement. 32. Commercial Desi~,n Review No. 2005-06 for the project known as "Holiday Inn Express Hotel". Mayor Magee introduced the item and deferred to Community Development Director Preisendanz to present the report. Agenda Item No._ Page_ of Page 39 - City Council Minutes - December 13, 2005 Mr. Preisendanz gave overview of the item. He indicated that the project went before the Planning Commission on November 15, 2005. He clarified that the CUP approved by the Planning Commission referenced two sites (Site 1 and Site 2) and that the project for Site 1 was the only item before the City Council. Any future hotel proposal for Site 2 will require a CUP and design review entitlements. As to Site 1, the Planning Commission approved a CUP which became final following the expiration of the appeal period. Mr. Preisendanz explained that the Commercial Design Review for Site 1 was the only issue on Council's Agenda. He further indicated that the Planning Commission was recommending approval to the City Council. He noted that traffic issues were reviewed. City Manager Brady restated that the CUP far Site 1 had been approved by the Planning Commission and became final upon expiration of the appeal period. The Commercial Design Review was the item on the City Council agenda for consideration by the City Council this evening. William Sampson, 31533 Canyon View Drive, commended the Council and staff on efforts to expand the growth of the City. He expressed his concerns with being selective in the types of businesses being brought into the community. He indicated that he was greatly concerned with a hotel being in close proximity of his housing tract. He requested that Council reconsider the hotel being in that particular location. Lon Bike, Architectural Team Three, commented that he was the architect on the project. He indicated that they have met all the concerns of staff. William Arnold, 31556 Sagecrest Drive, commented that the concerns and attitude of the immediate community surrounding the hotel had not been taken into consideration. He indicated that the Planning Commission Notice of Public Hearing was noticed incorrectly. He noted that with proper noticing the community would have responded as they were at this time. He commented that the growth in their area was benefiting one person. He expressed his views on the street lights and ancient equipment this individual has placed in their community. He pleaded with the Council that his residential community be treated fairly. Paul Van Duzee, 21058 Kimberly Court, commented that he understood that there was the possibility of two hotels in that area. He requested that Council reconsider the approval of this project. Agenda Item No. Page_ of Page 40 - City Council Minutes - December 13, 2005 Gary Gibson, 31516 Sagecrest Drive, commented on school buses not being able to properly travel the lanes due to trucks being parked on the streets. He commented on the traffic on Canyon Estates Drive. He also commented on the parking from Washington Mutual customers and employees. He indicated that he had spoken with Community Development Director Preisendanz. He noted the carefulness of the word usage of Mr. Preisendanz. He indicated that he asked if former Councilmember Pam Brinley was working with the owner and did not receive a straight answer. Jason Leinen, 31520 Sagecrest Drive, commented that the community was attending the meeting because they care about the community. He noted that he was against improper growth. He indicated that this project was not planned for progress. He commented that the hotel needed to be built in a more logical place. He noted that the community would not benefit from the project, only the developer, property owner and manufacturers of decorative towers. Bob Spiegel, 21066 Kimberly Court, commented that he was against any hotel in Canyon Estates. He commented on the traffic issues that the project would bring. David Moon, 31605 Ridgecrest Drive, commented that his community was not against commercial growth. He noted that they were against this particular project. He noted he had a petition with over 100 signatures that were against the project. He noted some of the comments made by Mr. Trivedi, Project Manager to the Planning Commission. Bill Dixon, 21067 Kimberly Court, commented that he was told by staff he would need to pay to file an appeal. He commented that it was not right that he would need to pay to be heard. He noted that the Planning Commission had more power than the Council with regards to this project. He indicated that the Council was elected by the people, but the Planning Commission had the power. He questioned the community trust in the Council if this was the case. He noted the incorrect noticing posted on the site. He noted the traffic issues. He indicated that if the Planning Commission had reviewed the facts that were provided, they could not have made this decision. He further indicated that they errored in the decision and should be held accountable. Agenda Item No._ Page_ of_ Page 41- City Council Minutes - December 13, 2005 Kim Cousins, Lake Elsinore Valley Chamber of Commerce, commented that the Chamber supported the project as proposed. He indicated that the community needed a hotel. Sachin Trivedi, Project Manager, commented that they had done everything to satisfy the LEMC and design issues. He noted that the traffic generated by this hotel would be significantly less than other business. He indicated that the hotel was not designed for semi-trucks and RV's. He commented that they removed two rooms to create a community meeting center. He noted that most of their clients were business clients. Councilmember Buckley inquired if the land owner was present. He indicated that CUP's were for exceptional projects such as the airport and motocross track. He suggested having the CUP Ordinance changed to CUP's determined by the Council. He noted that CUP's lasted one year. City Attorney Leibold explained that a building permit had to be pulled within a one year period ar the CUP would expire. Councilmember Buckley indicated that it was a failure in the notice. Councilmember Buckley indicated that the building itself was not that bad. He indicated that there was a problem with the parking issue. He indicated that the zoning was neighborhood commercial, which meant things that the neighborhood could use. He indicated that there were exemptions for the height and the square footage which was not usually permitted. He indicated that he could not support the project. Councilmember Hickman commented that staff used a traffic study from a 2000 study when there were 45 homes in that particular area. He noted that when the study was done the bridge over Frarilclin connecting into the Canyon Estates area was not built. He also noted the Washington Mutual employees parking in the street. He indicated that the CUP approval process needed to be changed. He noted that Planning Commission Chairman La Pere's term was ending June 2006 and it was a possibility he would run for City Council in 2006. He also suggested removing the fee far filing appeals. Councilmember Kelley commented that the decision had to be made on fact findings and what was before Council. She noted that she had been a resident since 1984. She indicated that the prior zoning was residential and in 2000 a zone change was brought before Council. City Manager Brady confirmed and noted that neighborhood meetings were held. He noted that Agenda Item No._ Page_ of Page 42 - City Council Minutes - December 13, 2005 the Specific Plan listed permitted uses and conditionally permitted uses and further allowed the Planning Commission to add conditionally permitted uses by adoption of a resolution. Councilmember Kelley confurned that the Planning Commission by Resolution gave the hotel use permission to be there and approved the CUP. She also clarified that the CUP needed to be appealed within 10 days with a applicable fee, unless appealed by a councilmember; which no fee would be required. Councilmember Kelley questioned if Community Development Director Preisendanz had spoken with any of the residents about the appeal process. Mr. Preisendanz indicated that he had spoken with Mr. Dixon the Friday of the Planning Commission Meeting; which was a holiday; and instructed Mr. Dixon to file the appeal by 5 p.m. Wednesday. Councilmember Kelley deferred to City Attomey Leibold to clarify the item Council was reviewing on this agenda. City Attorney Leibold indicated that it was the Commercial Design Review. City Attorney Leibold explained that any future proposal regarding a hotel on Site 2 would require a CUP for that site and would undergo the same process of design review. She clarified that the only use before Council related to Site 1. Councilmember Kelley clarified that if the design review was denied, then a new design would need to be brought back; but the project would not go away. City Attorney Leibold explained that under the Lake Elsinore Municipal Code if the application for design review was modified in such a substantial way that the issues had not been considered by the Planning Commission it would be taken back to the Planning Commission, and then to the City Council. She further explained that if the application was denied the Code prohibited the applicant from submitting the same or substantially the same design for that same use within a one year period. City Attorney Leibold further explained in more detail that following the denial of a design review application or the revocation of a design review approval, no application for a design review for the same or substantially same design concept on the same or substantially the same site shall be filed within one year from the date of denial or the revocation of the design review. Councilmember Kelley commented that there was a possibility of exposing the City to litigation. Agenda Item No._ Page_ of Page 43 - City Council Minutes - December 13, 2005 Councilmember Kelley commented that the project was not directly on Canyon Estates Drive; but was actually back one lot facing the freeway in a diagonal design. She noted that between the hotel and Canyon Estate Drive there was a possible business building to be proposed for that lot. She indicated that she had spoken with the project manager regarding the traffic, parking and the height of the building. Councilmember Kelley requested that the City Attorney explain the issue with the notice. City Attorney Leibold explained that the published notice was correct and was the required notice under the provision of the code. She deferred to Community Development Director Preisendanz. Mr. Preisendanz explained that the notice mailed out and sent to the newspaper had correct dates. He indicated that the notice posted on the site reflected an incorrect date. City Attorney Leibold indicated that the notice did not undermine the action of the Planning Commission. Councilmember Kelley requested an update from City Manager Brady regarding the improvements to Railroad Canyon Road. Mr. Brady indicated that the Council had funded $1.4 million for interim improvements and there were ultimate improvements to be done. He noted that the interim improvement would be within the next six months. He noted that the ultimate improvements would probably take place to 5 years from now. Councilmember Kelley stated that the hotel would have less traffic than other businesses that could be in that location. She noted that there was not a decent hotel within the City. She noted that she would be voting to support the hotel. City Treasurer Weber commented that in 1990, $55 million in bonds were issued and in 1997 the bonds had defaulted due to mismanagement. He noted that Councilmember Kelley was elected in 1994. He indicated that she was part of the workout plan, and part of the plan was giving away a lot of things to the developer and one was to give the developer that whole section of property that was now commercial. He indicated that the developer did not have to pay any special tax in which the City was now burdened with that tax. He commented that last year there were 81ots that were supposed to be for a fire station or park that Council allowed the developer to make residential. He indicated that the developer had made Agenda Item No. Page_ of_ Page 44 - City Council Minutes - December 13, 2005 campaign contributions to some councilmembers. He commented that it was a disgrace that former councilmember Pam Brinley was trying to politic the councilmembers to vote for this project. Mayor Pro Tem Schiffner commented that this is a difficult decision. He indicated that he respected the right of each resident. He indicated that this facility would not be the type of property the residents anticipated. He indicated that any hotel in the City would be a valuable improvement. He indicated that he would support the project. Mayor Magee commented that the Council was sensitive to the needs of the Summerhill residents. He indicated that he was concerned about the notice issue and he could not ignore that. He indicated that there was a parking issue not only with the hotel, but also with Canyon Estates Drive. He commented on the traffic issues. He commented that he lived and worked in the City and he traveled that area almost everyday. He indicated that another hotel was needed in Lake Elsinore. He commented that he stood on the other side of the dais two years ago and his voice was not heard and he would not forget that feeling. He indicated that there needed to be more community outreach between the developer, land owner and community. He further indicated that there can't be hearing like this every time a project was proposed in that particular development. He commented that he could not support the project as designed. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY A VOTE OF 3-2 WITH KELLEY AND SCHIFFNER CASTING THE DISSENTING VOTES TO DENY COMMERCIAL DESIGN REVIEW NO. 2005-06. 33. Improvement Credit/Reimbursement A~reement for TUMF (Oak Grove Crossing Sho~ping Center. Mayor Magee introduced the item and deferred to City Engineer Seumalo. City Engineer Seumalo gave an overview of the item. He noted that the credit was estimated to be $312,363 and the total fee including the credit amount was $893,000. He reiterated that the agreement was to reimburse the developer. Agenda Item No._ Page_ of Page 45 - City Council Minutes - December 13, 2005 Councilmember Buckley reminded everyone that Oak Grove Crossing was the Target development. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMQUS VOTE TO APPROVE IMPROVEMENT CREDIT/REIMBURSEMENT FOR TUMF (OAK GROVE CROSSING SHOPPING CENTER). 34. Coo ep ration Agreement with Riverside County Flood Control and Water Conservation District and Cambern and Central Investors; Imnlementation A~reement with Cambem and Central Investors. Mayor Magee introduced the item and deferred to City Attorney Leibold. City Attorney Leibold gave overview of the item. She commented that the Cooperation Agreement, which establishes the relationship among the County Flood Control, property owner and the City regarding drainage improvements on the site, was brought before the City Council in March 2005. She explained that at that time, consideration of the Agreement was continued off-calendar in order to allow the parties to resolve inconsistencies with a previously approved lease agreement between the City and developer. She further explained that the inconsistencies had been resolved by way of an implementation agreement, such that the lease agreement could be implemented in a manner that was consistent with County Flood Control requirements. Councilmember Hickman noted that this was the drainage for Costco, Lowe's, Home Depot and future development. MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNA1vIMOUS VOTE TO APPROVE COOPERATION AGREEMENT WITH RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CAMBERN AND CENTRAL INVESTORS; AND TO APPROVE THE IMPLEMENTATION AGREEMENT WITH CAMBERN AND CENTRAL INVESTORS. The Regular City Council Meeting was recessed at 9:40 p.m. The Regular City Council Meeting was reconvened at 9:50 p.m. Agenda Item No. Page_ of Page 46 - City Council Minutes - December 13, 2005 35. Affordable Housing In-Lieu Fee Agreement and Inclusionary Housin~ Conditions of ap roval. Mayor Magee introduced the item and deferred to City Attorney Leibold. City Attorney Leibold ga~e an overview of the item. She indicated that the California Community Redevelopment Law requires that 15°/a of all new construction within the boundaries of a RDA project area is required to meet certain affordable housing standards. She explained that the City has, in an effort to assist the RDA in the implementation of its Redevelopment Plans and to address its own affordable housing goals and obligations, conditioned residential projects within the boundary of RDA project areas with a condition of approval requiring that those projects to 15% of the units as affordable housing, or alternative equivalent action such as the donation of land or payment of an in-lieu fee. She commented that there were several developers with projects that had this condition of approval. She indicated that most of them expressed an interest in paying an in-lieu fee. She noted the RDA Committee had reviewed the item and they had recently recommended to the City Council that the condition could be satisfied by the payment of the in-lieu fee equal to $2 per square foot for projects with existing entitlements conditioned upon satisfaction of the affordable housing requirement. City Attorney Leibold explained that there was a clarification requested by one of the developers that that she felt was consistent with the City and the Agency intent. The requested clarification is that if the fee is paid in accardance with terms of the agreement, the City and the Agency cannot pursue any additional exactions with respect to affordable housing as to that project. City Attorney Leibold indicated that the RDA Advisory Committee recommended that the City continue to evaluate the affordability gap and policy issues in connection with a Citywide Inclusionary Housing Ordinance; but between tonight and the effective date of a proposed Ordinance; that the City and the development community have some certainty as to what in-lieu fee would acceptable. She noted that the advisory committee was recommending $3.50 per square foot as the in-lieu fee for future projects that came between tonight and the date of a future Ordinance. Agenda Item No._ Page_ of_ Page 47 - City Council Minutes - December 13, 2005 Scott Woodward, property owner of Lakeview Villas commented that his project would be subject to the advisory committee's recommendation of $2 per square foot, in which he supported. Kristine Zortman, Shopoff Group, requested that Council move forward with adopting the Ordinance at the $2 per square foot. She expressed that there was a need for the development industry and BIA to get more involved and to commission an economic study to decide on an adequate fee. City Treasurer Weber commented on the fees. He indicated that $2 was a low fee. He commented that the City could not continue to give breaks to developers at the cost of the City's fiscal health. Councilmember Buckley commented that the fee was needed and an Ordinance needed to be created. He also suggested adding a density program. Councilmember Hickman questioned the fee and how it would affect the developers. Mr. Scott Woodward commented it would be a difference of $497,000 and $570,000. He indicated that with all the fees included he pays $30,000 in fees per unit in Lake Elsinare. Councilmember Kelley commented that the fees were passed along to the homebuyer thus making the gap bigger for home affordability. Mayor Pro Tem Schiffner commented that he would be in support of the $2 fee until the Ordinance was in place. Mayor Magee commented that the $2 fee needed to be carried far a minimum of six months. He indicated that it should be brought back before Council for the first meeting in June. He also indicated that there needed to be workshops with the RDA Committee taking the lead and the City needed to encourage the building community to participate and encourage them to build the actual product and not just pay the fee. He indicated that he agreed with Councilmember Buckley regarding the density program. MpVED BY MAGEE, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE AFFORDABLE HOUSING IN- LIEU FEE AGREEMENT AND INCLUSIONARY Agenda Item No._ Page_ of Page 48 - City Council Minutes - December 13, 2005 HOUSING CONDITIONS OF APPROVAL WITH THE ADJUSTMENTS AS INDICATED TO HAVE AN IN-LIEU FEE OF $2 UNTIL THE INCLUSIONARY HOUSING ORDINANCE AND THE RELATED ORDINANCES THAT ARE CREATED OUT OF THE COMMITTEE LED BY THE RDA COMMITTEE AND BROUGHT BACK BEFORE COUNCIL THE FIRST MEETING IN JUNE 2006. 36. Annual Financial Reports for Fiscal Year ending June 30, 2005. Mayor Magee introduced the item and deferred to Administrative Services Director Pressey. Mr. Pressey gave overview of the item. He indicated that this year the City had an agreement with Diehl, Evans & Co. He noted that Daphanie Fuentes and Milton Partell were available for questions. Mr. Partell commented that the firm issued their opinion on the financial statements on the City, Redevelopment Agency, Public Finance Authority and Recreation Authority. He indicated that they had issued comments on Appropriation Limits, Management Recommendation Letter and Audit Committee Letter. City Treasurer Weber commented that the reports mirrared TRS reports. He questioned if there would be any big differences in Diehl, Evans, & Co. reports. Mr. Partell that the reports would be similar. MOVED BY BUCKLEY, SECONDED BY KELLEY TO RECEIVE AND FILE ANNUAL FINANCIAL REPORTS FOR FISCAL YEAR ENDING JUNE 30, 2005 AND A REPORT ON THE REPORT FROM THE CITY TREASiIRER BE AGENDIZED FOR A MEETING IN JANUARY AS A RECEIVE AND FILE ITEM. Mayor Pro Tem Schiffner requested to a report from Administrative Services Director Pressey. Mr. Pressey explained that the government net assets were still in the black at $52,680,000. He further explained that during the year the net assets increased by $15 million. The General fund had an ending balance of $2.5 million. He noted that the Council had adopted a balance budget and adopted conservative estimates. Agenda Item No. Page_ of_ Page 49 - City Council Minutes - December 13, 2005 THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 37. Reor~ization of City Council. Mayor Magee called the Redevelopment Agency and Public Finance Authority to order at 10:26 p.m. Mayor Magee noted the process for selection of a new Mayor. Mayor Pro Tem Schiffner nominated Mayor Magee for Mayor. Councilmember Hickman seconded the nomination. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNA1vIMOUS VOTE TO CLOSE THE NOMINATIONS FOR MAYOR. MAYOR MAGEE WAS SELECTED FOR A SECOND ONE YEAR TERM AS MAYOR BY THE FOLLOWING ROLL CALL VOTE: COUNCILMEMEBER BUCKLEY VOTED FOR MAYOR MAGEE. COUNCILMEMBER HICKMAN VOTED FOR MAYOR MAGEE. COUNCILMEMBER KELLEY VOTED FOR MAYOR MAGEE. MAYOR PRO TEM SCHIFFNER VOTED FOR MAYOR MAGEE. MAYOR MAGEE ACCEPTED THE SEAT OF MAYOR. Mayor Magee noted the process for selection of Mayor Pro Tem. Mayor Magee nominated Councilmember Hickman for Mayor Pro Tem. Councilmember Buckley seconded the nomination. Councilmember Kelley nominated Mayor Pro Tem Schiffner. Councilmember Hickman seconded the nomination for Mayar Pro Tem Schiffner. Councilmember Hickman declined the nomination. CITY CLERK RAY CALLED FOR A ROLL CALL VOTE WITH THE RESULTS AS FOLLOWS: Agenda Item No._ Page_ of _ Page 50 - City Council Minutes - December 13, 2005 COUNCILMEMBER BUCKLEY VOTED FOR MAYOR PRO TEM SCHIFFNER. COUNCILMEMBER HICKMAN VOTED FOR MAYOR PRO TEM SCHIFFNER. COUNCILMEMBER KELLEY VOTED FOR MAYOR PRO TEM SCHIFFNER. MAYOR PRO TEM SCHIFFNER VOTED FOR MAYOR PRO TEM SCHIFFNER. MAYOR MAGEE VOTED FOR MAYOR PRO TEM SCHIFFNER. MAYOR PRO TEM SCHIFFNER ACCEPTED THE SEAT OF MAYOR PRO TEM. Mayor Magee opened the nomination for Redevelopment Agency Chairman. Boardmember Schiffner nominated Boardmember Kelley for Redevelopment Agency Chairman. Boardmember Magee seconded the nomination. Boardmember Buckley nominated Chairman Hickman for Redevelopment Agency Chairman. Chairman Hickman seconded the nomination. CTTY CLERK RAY CALLED FOR A ROLL CALL VOTE WTTH THE RESULTS AS FOLLOWS: BOARDMEMBER BUCKLEY VOTED FOR CHAIRMAN HICKMAN. CHAIRMAN HICKMAN VOTED FOR CHAIRMAN HICKMAN. VICE CHAIRMAN KELLEY VOTED FOR VICE CHAIRMAN KELLEY. BOARDMEMBER SCHIFFNER VOTED FOR VICE CHAIRMAN KELLEY. BOARDMEMBER MAGEE VOTED FOR VICE CHAIRMAN KELLEY. VICE CHAIRMAN KELLEY ACCEPTED THE SEAT OF REDEVELOPMENT AGENCY CHAIRMAN. Mayor Magee opened the nomination for Redevelopment Vice Chairman. Agenda Item No._ Page_ of _ Page 51- City Council Minutes - December 13, 2005 Boardmember Magee voted for Boardmember Hickman far Redevelopment Agency Vice Chairman. Boardmember Schiffner seconded the nomination. MOVED BY MAGEE, SECONDED BY SCHIFFNER AND CARRIED BY A UNA1vIMOUS VOTE TO CLOSE THE NOMINATIONS FOR REI~EVELOPMENT VICE CHAIRMAN. BpARDMEMBER HICKMAN WAS SELECTED VICE CHAIRMAN BY THE FOLLOWING ROLL CALL VOTE: BQARDMEMEBER BUCKLEY VOTED FOR BOARDMEMBER HICKMAN. BpARDMEMBER HICKMAN ABSTAINED. CHAIRMAN KELLEY VOTED FOR BOARDMEMBER HICKMAN. BOARDMEMBER SCHIFFNER VOTED FOR BOARDMEMBER HICKMAN. BOARDMEMBER MAGEE VOTED FOR BOARDMEMBER HICKMAN. BOARDMEMBER HICKMAN ACCEPTED THE NOMINATION FOR REDEVELOPMENT AGENCY VICE CHAIRMAN. Mayor Magee opened the nomination for Public Finance Authority. Vice Chairman Buckley nominated Boardmember Hickman far Public Finance Authority Chairman. Boardmember Hickman nominated Vice Chairman Buckley for Public Finance Authority Chairman. Chauman Magee seconded the nomination. MOVED BY HICKMAN, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO CLOSE THE NOMINATIONS FOR PUBLIC FINANCE AUTHORITY CHAIRMAN. VICE CHAIRMAN BUCKLEY WAS SELECTED CHAIRMAN BY THE FOLLOWING ROLL CALL VOTE: VICE CHAIRMAN BUCKLEY VOTED FOR VICE CHAIRMAN BUCKLEY. BOARDMEMBER HICKMAN VOTED FOR VICE CHAIRMAN BUCKLEY. Agenda I[em No. Page_ of Page 52 - City Council Minutes - December 13, 2005 BOARDMEMBER KELLEY VOTED FOR VICE CHAIRMAN BUCKLEY. BOARDMEMBER SCHIFFNER VOTED FOR VICE CHAIRMAN BUCKLEY. CHAIRMAN MAGEE VOTED FOR VICE CHAIRMAN BUCKLEY. VICE CHAIRMAN BUCKLEY ACCEPTED THE NOMINATION FOR PUBLIC FINANCE AUTHORITY CHAIRMAN. Mayor Magee opened the nomination for Public Finance Authority Vice Chairman. Chairman Buckley nominated Boardmember Hickman. Boardmember Magee seconded the nomination. MOVED BY BUCKLEY, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO CLOSE THE NOMINATIONS FOR PUBLIC FINANCE AUTHORITY VICE CHAiRMAN. BOARDMEMBER HICKMAN WAS SELECTED VICE CHAIRMAN BY THE FOLLOWING ROLL CALL VOTE: CHAIRMAN BUCKLEY VOTED FOR BOARDMEMBER HICKMAN. BOARDMEMBER HICKMAN VOTED FOR BOARDMEMBER HICKMAN. BOARDMEMBER KELLEY VOTED FOR BOARDMEMBER HICKMAN. BOARDMEMBER SCHIFFNER VOTED FOR BOARDMEMBER HICKMAN. BOARDMEMBER MAGEE VOTED FOR BOARDMEMBER HICKMAN. BOARDMEMBER HICKMAN ACCEPTED THE NOMINATION FOR PUBLIC FINANCE AUTHORITY VICE CHAIRMAN. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Michael Lewis, 29431 Kalina Avenue, commented on a new program he would be a part of called Sports Activities Furthering Education to Today's Youth (S.A.F.E.T.Y.). He indicated that they would be using hospital information to address issues. He indicated that the motorcycles and motorized scooters were the major issues. He noted that pocket bikes have been responsible for deaths in the Lake Elsinore. He indicated that they met with the owner of Lake Elsinare Motocross Park; and gave him a list of change recommendations. He agreed to Agenda Item No. Page_ oF_ Page 53 - City Council Minutes - December 13, 2005 make the changes within 30 days. He indicated that they also met with GOAT Breker, promoter of the Lake Elsinore Grand Prix; and he agreed to allow them to create a safe riding area at the next Grand Prix. He commented that they have received permission from the school district to conduct safety assembles. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Congratulated Mayor Magee, Councilmember Kelley and Councilmember Buckley on their appointments. 2) Announced the following upcoming events: Dec 19t" - GPAC meeting Jan 15`h - LOWE's scheduled to open Jan 22"d - Staples and Pet Smart scheduled to open Feb - Chili's scheduled to open May - Costco scheduled to open 3) Thanked Councilmember Buckley for the television he donated to the Senior Center. 4) He wished everyone happy holidays. CITY ATTORNEY COMMENTS City Attorney Leibold commented on the following: 1) She wished everyone happy holidays. None. CITY TREASURER COMMENTS 1) He congratulated Mayor Magee on his reappointment. 2) He wished everyone happy holidays. Agenda Item No. Page_ of_ Page 54 - City Council Minutes - December 13, 2005 CITY COUNCIL COMMENTS Councilmember Kelley commented on the following: 1) Wished everyone happy holidays. 2) She congratulated Mayor Magee on his reappointment. Mayor Pro Tem Schiffner commented on the following: 1) Wished everyone happy holidays. 2) He congratulated Mayor Magee on his reappointment. Councilmember Hickman commented on the following: 1) Wished everyone happy holidays. 2) He congratulated Mayor Magee on his reappointment. 3) He commented that H.O.P.E. would be giving gifts to the Head Start children and handing out gifts at La Tre restaurant. Councilmember Buckley commented on the following: 1) Wished everyone happy holidays. Mayor Magee commented on the following: 1) Wished everyone happy holidays. ADJOURNMENT The Regular City Council Meeting was adjourn at 0:4 p. . ~ ROBERT E. MAG E, MAYOR CITY OF LAKE Agenda Item No. Page_ of