HomeMy WebLinkAbout05-11-2004 City Council Minutes
MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, MAY 11, 2004
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CALL TO ORDER
The Regular City Council Meeting was called to order by Mayor Buckley at 5 :20
p.m.
ROLL CALL
PRESENT:
COUNCILMEMBERS:
HICKMAN, KELLEY,
MAGEE, SCHIFFNER,
BUCKLEY
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ABSENT:
COUNCILMEMBERS:
NONE
Also present were: City Manager Watenpaugh, Assistant City Manager Best,
City Attorney Leibold, Administrative Services Director Pressey, Community
Development Director Brady, Community Services Director Sapp, Lake &
Aquatic Resources Director Kilroy, Engineering Manager Seumalo,
Information/Communications Manager Dennis, Parks & Open Space
Manager Fazzio, Planning Manager Villa, Public Works Manager Payne,
Recreation & Tourism Manager Fazzio, City Treasurer Weber and City
ClerklHuman Resources Director Kasad.
CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED
LITIGATION Significant exposure to litigation pursuant to subdivision
(b)(3)(C) of Gov't Code Section 54956.9. (2 cases).
B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Government Code ~ 54965.8)
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Property: Lot G and the north easterly 385.00 feet of Lot C of Tract 23988-
2.
Negotiating Parties: City of Lake Elsinore and Elsinore Valley Municipal
Water District.
Under Negotiation: Price & Terms.
City Attorney Leibold announced the Closed Session discussion items as listed
above.
THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO
CLOSED SESSION AT 5:21 P.M.
The Closed Session discussion was completed at 6:55 p.m.
RECONVENE IN PUBLIC SESSION (7:00 P.M.)
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Mayor Buckley reconvened the Regular City Council Meeting in Public Session at
7:10 p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Emerson Brigham.
INVOCATION - MOMENT OF SILENCE
Mayor Buckley led the meeting in a moment of silent reflection.
ROLL CALL
PRESENT:
COUNCILMEMBERS:
HICKMAN, KELLEY,
MAGEE, SCHIFFNER,
BUCKLEY
ABSENT:
COUNCILMEMBERS:
NONE
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Page Three - City Council Minutes - May 11,2004
Also present were: City Manager Watenpaugh, Assistant City Manager Best,
City Attorney Leibold, Administrative Services Director Pressey, Community
Development"Director Brady, Community Services Director Sapp, Lake &
Aquatic Resources Director Kilroy, Engineering Manager Seumalo,
Information/Communications Manager Dennis, Parks & Open Space
Manager Fazzio, Planning Manager Villa, Public Works Manager Payne,
Recreation & Tourism Manager Fazzio, City Treasurer Weber and City
Clerk/Human Resources Director Kasad.
PRESENTATIONS/CEREMONIALS
a. Proclamation - Older Americans Month.
Mayor Buckley called Arline Gulbransen, Paul Cluck and Dolley Quigley
forward for presentation; and read and presented the Proclamation.
Ms. Gulbransen noted that Mr. Cluck and Mrs. Quigley were very important
seniors for the Center, and detailed their volunteer activities.
b. Proclamation - Veterans Appreciation Month.
Mayor Buckley noted the recognition and indicated that no representative
was present to accept the proclamation. He called all of the Veterans in the
audience forward, and read and presented the Proclamation.
c. Presentation - Police Chief Bill Walsh.
Mayor Buckley called Chief Bill Walsh forward for presentation, and read
and presented him with the Proclamation and a City paper weight. He
explained that Chief Walsh would be leaving the City soon, after eight
years of excellent service to the City.
Chief Walsh commented that as he mentioned to the newspaper, the things
Page Four - City Council Minutes - May 11,2004
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he would miss most, were the people he had worked with at the Lake
Elsinore Station, noting that nothing could have been done without them.
He also indicated that he would miss City staff from the City Manager all
the way down, noting they were tremendous people to work with. He
commented on the people he had met in Lake Elsinore and the friendships
he had made in the community. He noted that he had a total of almost 13
years in service to the community; and had grown to love the community
and will miss it tremendously. He thanked the community for making him
welcome and a part of everything that goes on in the community.
Mayor Buckley introduced Captain Louis Fetherolf, who will be serving as
the City's new Police Chief. He highlighted Chief Fetherolf s career and
education; noting that he transferred to Lake Elsinore as a Lieutenant in
2002. Chief Fetherolf indicated that it was a pleasure to be in Lake
Elsinore, and noted the huge responsibility ahead of him. He stressed that
he was fully aware of what was ahead of him, and noted that the wonderful -
thing was the people he would be working with in Lake Elsinore. He
commented that the City staff was a fine group of dedicated people and he
would be continuing with much of what had already been done. He stressed
that any changes would be minor, and noted that the door was always open
to input.
d. Presentation - Chamber of Commerce Update.
Jack McColley, Chairman of the Board, Lake Elsinore Valley Chamber of
Commerce, thanked the presenting sponsors of the 9th Annual Golf
Tournament. He congratulated both City teams on a good game, noting
that the Council had squeaked past staff. He noted that City staff member
Ken Seumalo won the Closest to the Pin Contest. He announced the EDC
Lunch for Thursday, May 13th at 11 :30 a.m. at the Diamond Club, focusing
on the energy resources in the region. He congratulated the Business of the
Month, being R.W. O'Neal Insurance. He announced that the next mixer
would be jointly hosted by Cherished Memories Photography and American
Printing, at American Printing on May 20th at 5:30 p.m. He advised that
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Page Five - City Council Minutes - May 11,2004
the last Student of the Month Lunch for this school year would be held on
May 25th at Sizzler at Noon. He announced that the Student of the Year
recognition would be held on June 1 st at 7 p.m. at the First Assembly of God
Church.' He detailed the events and the scholarships to be presented. He
advised that the Chamber was making plans for the Third Annual Reverse
Drawing on July 29th, and working to expand the services to the
membership. He indicated that they were also planning the EDC
Anniversary Lunch and Economic Briefing; and a business expo in October.
He encouraged interested parties to gain additional information by visiting
their web site at www.levcc.org.
CLOSED SESSION REPORT
City Attorney Leibold announced that the City Council met in Closed Session for
discussion of the items as listed on the agenda, with no reportable action.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE
George Alongi, thanked the Mayor for recognizing the Veterans. He indicated
that the main reason he was present was in regard to a gentleman at the last
meeting who was before the Council asking for assistance for seniors. He
commented that he had said some of the same things the gentleman did, and has
provided that type of housing for forty years. He indicated that he was coming
back into business to provide two projects to the City. He suggested that it was
about time the RDA and City worked with developers and banks to raise the funds
and assist with homes. He commented on the rising costs of property and rents
and suggested it was possible for everyone to remain in the community and still
draw the big developers. He stressed that the senior population should not be
abandoned.
David Lewis, 340 Laura Lake Court, representing the Boys & Girls Club of
Capistrano Valley, indicated that he would like to bring a Club to the community,
to help prevent gang activity. He commented that it was proven that children
would thrive when the proper resources were available to them; and indicated that
Page Six - City Council Minutes - May 11,2004
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Clubs prevent'delinquency. He stressed that now was the time to be proactive on
the issues of crime and gangs and stressed the need for immediate involvement.
He indicated that he was present to challenge the community, police, schools and
City Council to bring the services to the children.
J.J. Swanson O'Neal, 1403 W. Heald, representing the Historical Society, noted
the garden tour and indicated that it was a successful event. She thanked the
homeowners for the use of their yards, and noted that the event raised funds for the
Museum. She detailed the participants and thanked American Printing, the
Californian, Vinchenzo's and Collector's Corral for their assistance. She also
thanked the Hickman's for their support.
CONSENT CALENDAR
The following items were pulled from the Consent Calendar for further discussion
and consideration: -
Item Nos. 3 and 6.
MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY
UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT
CALENDAR AS PRESENTED.
1. The following Minutes were approved:
a. Regular City Council Meeting - April 13, 2004.
2. Ratified Warrant List for April 30, 2004.
4. Approved three year Agreement for Park Maintenance with Greenscape in
the amount of$121,950.00, and authorized execution of the agreement.
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Page Seven - City Council Minutes - May 11,2004
5. Approved three year Agreement for Streetscape Maintenance with Excel
Landscape in the amount of$176,976.00, and authorized execution of the
agreement.
PUBLIC HEARINGS
21. Tentative Tract Map Nos. 30493 and 31706 (Canyon Hills Specific Plan) -
Pardee Construction.
Mayor Buckley opened the public hearing at 7:37p.m.
Community Development Director Brady highlighted the maps and detailed
the area included. He explained that the first map included 395 single
family lots, a future elementary school and community park; with the
balance of the lots for landscaping and streets. He further explained that the
second map would include 255 single family detached lots and detailed the
lot size. He advised that the matter was considered by the Planning
Commission on April 20th, at which time they recommended approval.
Jim Stringer, representing Pardee Homes, concurred with the staff report
and conditions and offered to answer any questions.
William Zeidnik, Economic Land and Development Chairman, indicated
that they were proponents of the Menifee incorporation. He commented on
the Audie Murphy Ranch Project to the north of this project and indicated
that they were trying to preserve open space for trails. He suggested options
for inclusion of trails that would tie into this project. He requested the
Council's assistance in this area and noted concerns specifically on
Holland Road.
Sheila Thornberg, 25710 Holland Road, Menifee, noted that this entire
project had been approved for some time, but they had major concerns
regarding the impact of the people it will bring into the area. She indicated
that the 'project would bring immense density to a rural area. She stressed
Page Eight - City Council Minutes - May 11,2004
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the dirt roads and rural ranches in the area, and commented that a two lane
road would not hold a lot of traffic. She indicated that they already had a
problem riding horses out of their gates. She suggested that inadequate
attention had been given to the roads by Lake Elsinore and Riverside
County. She indicated that she had spoken with Mr. Stringer who indicated
that there were no horse trails to be built in their project; and explained that
this meant that there could be no connection with Lake Elsinore and the
vicinity. She commented that she would like the planners to reach an equal
situation on both sides before the project is built in its entirety.
Tom Fuhrman, 25690 Holland, indicated that the proposed project has a
four lane highway which stops 200 yards before his property. He expressed
concern that there was only 15 feet of driving space in front of his property.
He suggested that there was a tremendous problem with this gap in the road.
He noted that there were 1,300 horses in Menifee and stressed the need to
address the roads and trails in the area. -
Councilman Hickman inquired if Holland Road was located in the City or in
the County. Mr. Stringer indicated that it was in the County, to the east of
his property; but there was a County obligation to improve the dirt portion
to two lanes in width. Councilman Hickman requested clarification that the
City works with the County on the trail system. Community Services
Director Sapp confirmed. Councilman Hickman questioned the trail tie-in.
Mr. Sapp indicated that it tied in with Murrieta Creek. Councilman
Hickman questioned the impact on Pardee's project. Mr. Sapp indicated
that the trails were lower than the Pardee project. Councilman Hickman
questioned where the trail might be. Mr. Sapp indicated that he had not
met with this group, but would do so. Councilman Hickman noted that
Pardee was recognized as one of the five major builders in the area of
energy savings. Mr. Stringer confirmed that they were building projects
with extra energy saving measures in Las Vegas and San Diego, and
indicated that they would most likely include some of those amenities at
some point, in this project. Councilman Hickman noted the existence of a
burial preserve. Mr. Stringer clarified that their area included a pioneer _
Page Nine - City Council Minutes - May 11, 2004
cemetery from the 1880's; and indicated that it would be fenced with
wrought iron. He noted that on another property there was a 25 acre sacred
site, to be preserved in perpetuity. He commented that they were trying to
accommodate the trail on the edge of their property, and noted the need for
connectivity. Councilman Hickman commented that he feh the trails were
being addressed and had no problems with the project.
Mayor Pro Tern Kelley questioned the gated entry. Mr. Stringer clarified
the gated location. Mayor Pro Tern Kelley noted that the homes in that area
were large lots with a gated enclave. She questioned when they anticipated
those homes would be built. Mr. Stringer indicated that the models were
scheduled to open in late March, 2005. Mayor Pro Tern Kelley noted the
proposed condominiums. Mr. Stringer highlighted the location, but
indicated that there was no specific site plan yet, however this map set aside
an area for condos. Mayor Pro Tern Kelley questioned the school site. Mr.
Stringer detailed the site, noting it was in escrow; and set to open in the Fall
of 2006, subject to proper funding. He noted the community park. Mayor
Pro Tern Kelley inquired how the community park would compare to the
existing park. Mr. Stringer indicated that the existing park was about seven
acres, b~t the community park would be 22 acres with more amenities.
Councilman Schiffner commented that the developments completed by
Pardee so far were very nice, and beautiful neighborhoods. He agreed that
he would like to see the trails connected if possible; and requested efforts to
do so. He indicated that he was happy to see this project move forward and
happy with what they planned to do.
Councilman Magee asked the Community Development Director if the City
had ever received any written comments from the County regarding Holland
Road. Community Development Director Brady indicated that he did not
believe so. Councilman Magee inquired if notices were circulated in the
area. Mr. Brady indicated that typically everyone within 300 feet of the
map were notified; and noted that the project had not varied significantly
from the original map, with which the County was fine. Councilman
Page Ten - City Council Minutes - May 11,2004
Magee indicated that he was fine on the map for 31706, but had questions
on the map for 30493, He noted that the map included lots less than 5,000
square feet, which were specifically under the minimum of 6,000 square feet
required by the Code adopted in 1986. He commented that while this
product was within a specific plan, he would question why smaller lots were
now good. He questioned why staff supported the smaller lots. Mr. Brady
indicated that the plan had allowed for smaller lots since the beginning of
the plan, with a planned mix of units. Councilman Magee noted that two
examples had been provided for smaller lots being Pardee and Corman
Leigh; but commented that they were very different developments. He
noted that Corman Leigh was surrounded by multi-family and commercial
development, and was a difficult in-fill site. He contrasted that project
with the Pardee project which is a blank canvass, and commented that he
was still uncomfortable with the lot sizes.
Mayor Buckley addressed the Menifee representatives, noting that there
would be a commercial site with a market near the entrance on Railroad
Canyon. He also noted that inside the City, Holland Road would be four
lanes going down to two lanes. Mr. Stringer indicated that the road narrows
to two lanes before it exits their property. He indicated that off-site it was a
two lane dirt road into a paved two lane road; and noted that their agreement
would pave the two lane dirt strip. Mayor Buckley addressed the lower
right side of the map, which is proposed for future estate lots and open
space; and suggested working for connectivity of the trails to Wildomar in
that area. Mr. Stringer noted as a caveat that there was a conservation
easement to be addressed, and he was not sure what that would allow them
to do. He indicated that within those confines they would work out a place
for a trail, but noted that at some point it would need to go through someone
else's property. Mayor Buckley commented that there were ten or twelve
lots with Canyon Lake Golf Course views, and questioned the project's lot
sizes. Mr. Stringer indicated that there were only fifteen lots under 5,000
square feet. Mayor Buckley indicated that he was going to support this
item, but suggested nothing smaller than 5,000 square feet in the future.
Mr. Stringer addressed the lot sizes and noted that there were major
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recreation facilities in the community; and indicated that there was a
recreation center in the first phase and there would be two more in the
future. He stressed the increased amenities. Mayor Buckley noted the
potential for internal move-ups, but stressed his concern for setting a
precedent with smaller lots.
Mayor Pro Tern Kelley questioned the Riverbend Project. Mr. Stringer
indicated that the response had been very positive and it was one of the
most successful projects. He noted that it was originally zoned for 20 units
per acre, but they chose to do seven units per acre. Mayor Pro Tern Kelley
suggested that everyone needed to see the smaller lots, and indicated that
this was a perfect example of houses for smaller lots. She commented that
she thought they were better than the image that the smaller lot would bring
to mind. She noted that Homeowners Associations were in control of the
area. Mr. Stringer commented that 25% of the buyers were traditional
families, but the other 75% simply did not want a big home or a big lot.
Mayor Pro Tern Kelley noted that smaller homes were needed as entry level
for young people, and downsized homes for older people. She stressed that
there was a market for this type of project to a certain degree.
Councilman Schiffner noted the discussion of lot sizes and indicated that it
came from an area where the City is built out and the lot size is 5,000 square
feet. He indicated that the reason for minimum lot sizes was to control the
density in a given area. He suggested that Lake Elsinore was looking at
conservation for animals and birds; and the multi-species program suggests
higher density housing. He indicated that the actual lot size was quite
large, but the density was market driven. He indicated that it would be
necessary to look at smaller lots on other projects as well; and noted that he
was not concerned with the lot size as much as the number of people.
Councilman Magee commented that the presentation noted a requirement to
make off-site improvements for about ~ mile of Holland Road. Mr.
Stringer clarified that it was about ~ to ~ mile until it reached the existing
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pavement. Councilman Magee questioned the width to be improved. Mr.
Stringer indicated that there was no specific requirement, but it would be
two lanes of pavement. Councilman Magee inquired if this addressed the
concerns of Mr. Fuhrman and the residents. Mr. Fuhrman indicated that
there was only 15 feet of road space as cut, noting that it was a main horse
trail; and suggested that there would need to be two lanes and a horse trail.
Councilman Magee questioned the request for paving and adequate trails for
safety. Mr. Fuhrman indicated that some people had to traverse the road to
get to Lake Elsinore. Mr. Stringer indicated that the road requirement was
attached to phase seven of the project. He advised that they would bring a
tentative map to show the road at that time. Councilman Magee questioned
the timing. Mr. Stringer reiterated that it would be part of phase seven.
Mayor Buckley closed the public hearing at 8:12 p.m.
MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED
BY UNANIMOUS VOTE TO APPROVE TENTATIVE TRACT MAP NO. -
30493 AND TENTATIVE TRACT MAP NO. 31706, BASED ON THE
FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL.
FINDINGS FOR TTM NO. 30493:
1. The proposed subdivision, together with the provisions for its design and
improvement, is consistent with the City General Plan and Canyon Hills
Specific Plan; Title 16 of the Municipal Code relating to Subdivisions; and the
State Subd~vision Map Act.
The project is consistent with the designated land use planning areas,
development and design standards, and all other appropriate requirements
contained in the Canyon Hills Specific Plan, General Plan, City Municipal
Code, and Subdivision Map Act.
2. The proposed subdivision is compatible with the objectives, policies, general
land uses and programs specified in the General Plan (Government Code
Section 66473.5). _
Page Thirteen - City Council Minutes - May 11,2004
The project is consistent with the land use plan, development and design
standards and programs, and all other appropriate requirements contained in the
General Plan.
3. The effects this proposed subdivision is likely to have upon the housing needs
of the region, the public service requirements of its residents, and the available
fiscal and environmental resources have been considered and balanced.
The project is consistent with the City's General Plan and Canyon Hills
Specific Plan, will provide necessary public services and facilities, will pay all
appropriate fees, and will not result in any adverse environmental impact.
4. The design of the subdivision provides to the greatest extent possible, for
future passive or natural heating or cooling opportunities in the subdivision
(Government Code Section 66412.3).
The project will comply with all appropriate conservation requirements of the
City and Uniform Building Code.
FINDINGS FOR TTM NO. 31706:
1. The proposed subdivision, together with the prOVISIOns for its design and
improvem~nt, is consistent with the City General Plan and Canyon Hills
Specific Plan; Title 16 of the Municipal Code relating to Subdivisions; and the
State Subdivision Map Act.
The project is consistent with the designated land use planning areas,
development and design standards, and all other appropriate requirements
contained in the Canyon Hills Specific Plan, General Plan, City Municipal
Code, and Subdivision Map Act.
2. The proposed subdivision is compatible with the objectives, policies, general
land uses and programs specified in the General Plan (Government Code
Section 66473.5).
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The project is consistent with the land use plan, development and design
standards and programs, and all other appropriate requirements contained in the
General Plan.
3. The effects this proposed subdivision is likely to have upon the housing needs
of the regi<?n, the public service requirements of its residents, and the available
fiscal and environmental resources have been considered and balanced.
The project is consistent with the City's General Plan and Canyon Hills
Specific Plan, will provide necessary public services and facilities, will pay all
appropriate fees, and will not result in any adverse environmental impact.
4. The design of the subdivision provides to the greatest extent possible, for
future passive or natural heating or cooling opportunities in the subdivision
(Government Code Section 66412.3).
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The project will comply with all appropriate conservation requirements of the
City and Uniform Building Code.
CONDITIONS OF APPROVAL - TENTATIVE TRACT MAP NO. 30493
PLANNING DIVISION
General
1. Tentative Tract Map No. 30493 will expire two 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 Elsinore City
Council in accordance with the Subdivision Map Act. Additional extensions of
time (36 months maximum time per the Subdivision Map Act) may be granted
per City Council approval.
2. Tentative Tract Map No. 30493 shall comply with the State of California
Subdivision Map Act and shall comply with all applicable requirements of the _
Page Fifteen - City Council Minutes - May 11,2004
Lake Elsinore Municipal Code (LEMC), unless modified by approved
Conditions of Approval.
3. Future development shall comply with those standards and guidelines
contained in the Residential Element, CommerciallInstitutional Element, Public
Facilities and Services Element, Resources Management Element, Circulation
Element, Zoning Element, and Community Wide Implementation Element as
contained in the Canyon Hills Specific Plan document.
4. Tentative Tract Map No. 30493 shall comply with the State of California
Subdivisio~ Map Act and applicable requirements contained in the Canyon
Hills Specific Plan document and the Lake Elsinore Municipal Code (LEMC),
unless modified by approved Conditions of Approval.
5. Future development shall comply with those requirements and prOVISIons
contained in the Canyon Hills Development Agreement; 2004 Funding,
Construction, and Acquisition Agreement, and Community Facilities District
(CFD) No. .2003-02.
6. The applicant shall participate in the City of Lake Elsinore Citywide
Landscaping and Street Lighting District, as appropriate.
7. The applicant shall provide all project-related onsite and offsite improvements
as described in the Canyon Hills Specific document and Tentative Tract Map
No. 30493.'
8. The applicant shall implement those mitigation measures identified in the 1989
Final Canyon Hills Specific Plan EIR and the 2003 Addendum to the Final
Canyon Hills Specific Plan EIR.
9. All future proposals shall be reviewed by the City on a project-by-project basis.
If determined necessary by the Community Development Director or designee,
additional environmental analysis will be required.
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10.Future construction shall meet all Riverside County Fire Department standards
for fire protection and any additional requirements requested by the County
Fire Department (see attached comments from Fire Department dated
November 20,2003).
11. The applicant shall defend (with counsel acceptable to the City), indemnify,
and hold harmless the City, its Officials, Officers, Employees, Agents, and its
Consultants 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 implementation and construction of the Canyon Hills Specific Plan,
which action is bought within the time period provided for in California
Government Code Sections 65009 and/or 66499.37, and Public Resources
Code Section 21167. The City will promptly notify the applicant of any such
claim, action, or proceeding against the City and will cooperate fully with the
defense. _
Prior To Final Tract Map
12.Alllots shall comply with minimum standards contained in the Canyon Hills
Specific Plan.
13.A precise survey with closures for boundaries and all lots shall be provided per
the LEMC.
14. Street names within the subdivision shall be approved by the Community
Development Director or Designee.
15.All of the improvements shall be designed by the applicant's Civil Engineer to
the specifications of the City of Lake Elsinore.
16. The applicant shall comply with all conditions of the Riverside County Fire
Department.
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I 7. The applicant shall meet all requirements of Elsinore Valley Municipal Water
District (EVMWD).
Prior To Desie:n Review Approval
I8.All future structural development associated with this map requires separate
Design Review approval.
I9.Prior to Design Review approval, the applicant shall show the following:
. Prepare Conceptual Landscape Plan for Model Home Complex which
describes species, size, and location of trees, shrubs, groundcover,
hardscape, etc. to be provided.
. Show that architectural treatments and articulation will be provided along
all elevations, not only the front elevations. At a minimum, foam surrounds
will be provided around all windows located along the side and rear
elevations.
. Those side and rear elevations that are within the public view will be
provided with additional architectural enhancements and articulations.
. Show that those materials provided along the front elevations (i.e. brick,
stone, etc.) will wrap around the side elevation and be flush with the front
return walls.
. All front return walls shall be constructed of decorative masonry concrete
block. Wooden front returns are not allowed.
. Perimeter walls around the subdivision shall be of decorative masonry
concrete block.
20. Design for all drainage basins proposed with Tentative Tract Map No. 30493
shall be approved by the City Engineering Manager and Community
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Development Director or designee. Security fencing shall also be shown.
Chain-link fencing is prohibited.
Prior To Buildin2 Permit/Gradin2 Permits
21. Prior to issuance of any grading permit and/or building permit, the applicant
shall sign and complete an "Acknowledgment of Conditions" and shall return
the executed original to the Community Development Department.
22. The applicant shall obtain all necessary State and Federal permits, approvals, or
other entitlements, where applicable, prior to each phase of development of the
project.
23. Prior to issuance of building permit, a Fuel Modification Plan and Program
shall be approved by the Fire Department for future phases. Said Plan and
Program shall show those special treatments necessary to achieve an acceptable -
level of risk in regard to the exposure of structures to flammable vegetation and
shall describe the method of removal and installation, and provisions for
maintenance. The City's Landscape Architect shall ensure compliance of said
program.
24. The applicant shall comply with the following City programs: the City Source
Reduction and Recycling Element and Household Hazardous Waste Element,
the County Solid Waste Management Plan and Integrated Waste Management
Plan.
25. Prior to issuance of building permit, the applicant shall submit a letter of
verification (will-serve letter) to the City Engineer, for all required utility
servIces.
26. The applicant shall meet all requirements of Elsinore Valley Municipal Water
District (EVMWD).
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Page Nineteen - City Council Minutes - May 11,2004
27. All subdivision tracts shall annex into the existing Canyon Hills Homeowner's
Association.
28. The applicant shall pay applicable fees and obtain proper clearance from the
Lake Elsinore Unified School District (LEUSD) prior to issuance of building
permits.
29. Pay all applicable fees including park fees.
30. The applicant shall provide connection to public sewer for each lot within any
subdivision. No service laterals shall cross adjacent property lines and shall be
delineated on engineering sewer plans and profiles for submittal to the
EVMWD.
31. The applicant (master developer) shall prepare a Community-Wide Wall Plan
for the entire Canyon Hills area.
32. Prior to issuance of building permit, the applicant shall prepare a Final Wall
and Fence Plan addressing the following:
. Show that a masonry or decorative block wall will be constructed along the
entire tract boundary.
. Show materials, colors, and heights of rear, side and front walls/fences for
proposed lots.
. Show that front return walls shall be decorative masonry block walls. Front
return wood fences shall not be permitted.
. Show that side walls for comer lots shall be decorative masonry block
walls.
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· Show that those materials provided along the front elevations (i.e. brick,
stone, etc.) will wrap around the side elevation and be flush with the front
return walls.
33.The applicant shall submit plans to the electric utility company for a layout of
the street lighting system. The cost of street lighting, installation as well as
energy charges shall be the responsibility of the developer and/or the
association. Said plans shall be approved by the City and shall be installed in
accordance with the City Standards.
34. The applicant shall meet all requirements of the providing electric utility
company.
35.The applicant shall meet all requirements of the providing gas utility company.
36.The applicant shall meet all requirements of the providing telephone utility -
company.
37.A bond is required guaranteeing the removal of all trailers used during
construction.
38.All signage shall be subject to Planning Division review and approval prior to
installation.
39.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 greate,r than 60 feet shall be provided. Interim and permanent erosion
control measures are required. The applicant shall bond 100% for material and
labor for one year for erosion control landscaping at the time the site is rough
graded.
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Page Twenty-One - City Council Minutes - May 11,2004
40.The City's Noise Ordinance shall be met during all site preparation activity.
Construction shall not commence before 7 :00 AM and cease at 5 :00 PM,
Monday through Friday. Construction activity shall not take place on
Saturday, Sunday, or any Legal Holidays.
Prior To Issuance Of Certificate of Occupancy
41. The applic~nt shall restrict all construction traffic from using Lost Road, south
of the project boundary. All construction traffic will access the project area
from Canyon Hills Road.
42. Throughout construction, as deemed appropriate by the City and the applicant,
fugitive dust suppression along Lost Road to minimize fugitive dust generation
shall be applied. Fugitive dust suppression techniques may include soil
watering, application of soil binders, and/or placement of gravel or other
appropriate material to minimize vehicle generated dust.
43.0pen space lots shall be retained by the applicant or dedicated to a
Conservancy. Maintenance of these open space lots shall be the responsibility
of either the Conservancy and/or HOA.
ENGINEERING DIVISION
44.Provide detention/de silting basin for the difference in storm runoff between the
developed and undeveloped flows caused by project.
45.Dedicate and improve full width of Hillside Drive. Street improvements shall
be consiste.nt with Canyon Hills Specific Plan.
46.Dedicate and improve full half-width of Canyon Hills Road. Street
improvements shall be consistent with Canyon Hills Specific Plan.
47.Dedicate and improve full width of internal streets. Street improvements shall
conform to City standards for local street cross sections.
Page Twenty-Two - City Council Minutes - May 11, 2004
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48.No parking shall be allowed on project frontage of Canyon Hills and Hillside
Drive. Applicant shall provide for 'No Parking' signage for these streets on the
street improvement plans.
49.Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution
85-26), mitigation fees, area drainage fee, traffic impact fee (TIF),
encroachment permit fees and inspection fees associated with the project and
its development.
50.Top of foundation shall be one-foot mInImum above the 100 year flood
elevation.
51.Desirable design grade for local streets should not exceed 9%. The maximum
grade of 15% should only be used because of design constraints.
52.All compaction reports, grade certifications, monument certifications (with tie
notes delineated on 8 ~" x 11" Mylar) shall be submitted to the Engineering
Division before final inspection of public works improvements will be
scheduled and approved.
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53.The applicant shall install permanent bench marks in compliance with Lake
Elsinore Municipal Code 16.32.
54.An Alquis~-Priolo study shall be performed on the site to identify any hidden
earthquake faults and/or liquefaction zones present on-site.
55.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.
56. Tentative Tract Map 30493 shall be subject to all applicable conditions of
approval of Tentative Tract 23848 (Canyon Hills Development) and the
approved Specific Plan.
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Page Twenty-Three - City Council Minutes - May 11,2004
57.Pay all Development and Plan Check fees (LEMC 16.34, Resolution 85-26).
58.Submit a '.'Will Serve" letter to the City Engineering Department from the
applicable water agency stating that water and sewer arrangements have been
made for this project. Submit this letter prior to final map approval.
59.Comply with road standards as set forth in the Canyon Hills Specific Plan.
60.All grading north of Canyon Hills and west of Hillside Drive shall be secured
with long term erosion control measures including a maintenance plan.
61.Lettered lot A, Band C shall be owned and maintained by a homeowner's
association.
62. The applicant shall construct all public works improvements per approved
street plans (LEMC 12.04). Plans must be approved and signed by the City
Engineer prior to final map approval (LEMC 16.34).
63. Street improvement plans and specifications shall be prepared by a Calif.
Registered Civil Engineer. Improvements shall be designed and constructed to
Riverside County Road Department Standards, latest edition, and City Codes
(LEMC 12.04 and 16.34).
64. The 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.
65.Pay all fees and meet requirements of encroachment permit issued by the
Engineering Department for construction of public works improvements
(LEMC 12.08 and Resolution 83-78).
66.All compaction reports, grade certifications, monument certifications (with tie
notes delineated on 8 Y2" x 11" Mylar) shall be submitted to the Engineering
Page Twenty-Four - City Council Minutes - May 11,2004
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Department before final inspection of public works improvements will be
scheduled and approved.
67. The applicant shall obtain all necessary off-site easements for off-site grading
from the adjacent property owners prior to final map approval.
68.Arrangeme'nts 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.
69.Provide fire protection facilities as required in writing by Riverside County
Fire.
70.Provide street lighting and show lighting improvements as part of street
improvement plans as required by the City Engineer.
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71. The applicant shall install blue reflective pavement markers in the street at all
fire hydrant locations.
72. The 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.
73.All 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 developer to pay $300 per sheet for City digitizing.
74.All utilities except electrical over 12 kV shall be placed underground, as
approved by the serving utility.
75.If grading, exceeds 50 cubic yards, grading plans shall be prepared by a
California Registered Civil Engineer and approved prior to grading permit _
Page Twenty-Five - City Council Minutes - May 11,2004
issuance. Prior to any grading, the applicant shall obtain a grading permit and
post appropriate security.
76.The applicant shall provide soils, geology and seismic report including street
design recommendations. The applicant shall also provide a final soils report
showing compliance with recommendations.
77.All grading shall be done under the supervision of a geotechnical engineer and
he shall certify all slopes steeper than 2 to 1 for stability and proper erosion
control. All manufactured slopes greater than 30ft. in height shall be
contoured. .
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78.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.
79.0n-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".
80.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.
81. The applicant shall submit Hydrology and Hydraulic Reports for review and
approval by City Engineer prior to approval of final map. The applicant shall
mitigate any flooding and/or erosion caused by development of site and
diversion of drainage.
82.All drainage facilities in this tract shall be constructed to Riverside County
Flood Control District Standards.
Page Twenty-Six - City Council Minutes - May 11,2004
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83.Storm drain inlet facilities shall be appropriately stenciled to prevent illegally
dumping in the drain system; the wording and stencil shall be approved by the
City Engineer.
84.10-year storm runoff shall be contained within the curb and the 100-year storm
runoff shall be contained within the street right-of-way. When either of these
criteria is exceeded, drainage facilities shall be installed.
85.A drainage acceptance letter will be necessary from the downstream property
owners for outletting the proposed stormwater run-off on private property.
86. The 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 and including -
maintenance responsibilities.
87.Education guidelines and Best Management Practices (BMP) shall be provided
to residents of the development in the use of herbicides, pesticides, fertilizers
as well a~ other environmental awareness education materials on good
housekeeping practices that contribute to protection of stormwater quality and
set the goals of the BMP in Supplement "A" in the Riverside County NPDES
Drainage Area Management Plan.
88. "E" Street is on the inside of a curve and will only be permitted when adequate
sight distance is verified by a registered civil engineer. If site distance can be
obstructed,> a special limited use easement must be recorded to limit the slope,
type of landscaping and wall placement.
89.The width and turning radii of private streets must be approved by Riverside
County Fire Dept. prior to final map approval. The private streets must be wide
enough with sufficient turning radii to accommodate a city trash truck.
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Page Twenty-Seven - City Council Minutes - May 11,2004
90.Canyon Hills Road and Hillside Drive shall be improved as specified in the
Canyon Hills Specific Plan Transportation Phasing Program except for the
allowance of left turn lanes at intersections and/or driveways for safety prior to
the first certificate of occupancy.
91. The applicant shall provide a homeowner's association with CC&R's for
maintenance of the open space.
92. The large open space lots adjacent to residential lots shall have areas
designated as fuel modification zones for a firebreak to be maintained by a
homeowner's association.
93.Applicant shall comply with a Cultural Resources Mitigation Program prior to
final map approval or grading permit (whichever occurs first). The program
shall be based on site evaluations by qualified archaeologists and historians to
establish significance of each site and a detailed plan for appropriate
mitigation, subject to the approval of the Community Development Director.
Compensation for disturbances to cultural resources shall be provided by a
program to recover information from sites that shall be monitored by
archaeologists. In the event significant historic material is discovered, it shall
be removed before grading occurs.
94.1n accordance with the City's Franchise Agreement for waste disposal and
recycling, the applicant shall be required to contract with CR&R Inc. for
removal and disposal of all waste material, debris, vegetation and other rubbish
generated during cleaning, demolition, clear and grubbing or all other phases of
construction.
CONDITIONS OF APPROVAL - TRACT MAP NO 31706
PLANNING DIVISION
General
Page Twenty~Eight - City Council Minutes - May 11,2004
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1. Tentative Tract Map No. 31706 will expire two 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 Elsinore City
Council in accordance with the Subdivision Map Act. Additional extensions of
time (36 months maximum time per the Subdivision Map Act) may be granted
per City Council approval.
2. Tentative Tract Map No. 31706 shall comply with the State of California
Subdivision Map Act and shall comply with all applicable requirements of the
Lake Elsinore Municipal Code (LEMC), unless modified by approved
Conditions of Approval.
3. Future development shall comply with those standards and guidelines
contained in the Residential Element, CommerciallInstitutional Element, Public
Facilities and Services Element, Resources Management Element, Circulation
Element, Zoning Element, and Community Wide Implementation Element as
contained in the Canyon Hills Specific Plan document.
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4. Tentative Tract Map No. 31706 shall comply with the State of California
Subdivision Map Act and applicable requirements contained in the Canyon
Hills Specific Plan document and the Lake Elsinore Municipal Code (LEMC),
unless modified by approved Conditions of Approval.
5. Future development shall comply with those requirements and prOVISIOns
contained in the Canyon Hills Development Agreement; 2004 Funding,
Construction, and Acquisition Agreement, and Community Facilities District
(CFD) No. 2003-02.
6. The applicant shall partICIpate in the City of Lake Elsinore Citywide
Landscaping and Street Lighting District, as appropriate.
7. The applicant shall provide all project-related onsite and offsite improvements
as described in the Canyon Hills Specific document and Tentative Tract Map
No. 31706. _
Page Twenty-Nine - City Council Minutes - May 11,2004
8. The applicant shall implement those mitigation measures identified in the 1989
Final Canyon Hills Specific Plan EIR and the 2003 Addendum to the Final
Canyon Hills Specific Plan EIR.
9. All future proposals shall be reviewed by the City on a project-by-project basis.
If determined necessary by the Community Development Director or designee,
additional environmental analysis will be required.
10.Future construction shall meet all Riverside County Fire Department standards
for fire protection and any additional requirements requested by the County
Fire Department (see attached comments from the Fire Department dated
January 7, 2004).
The applicant shall defend (with counsel acceptable to the City), indemnify,
and hold harmless the City, its Officials, Officers, Employees, Agents, and its
Consultants 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 implementation and construction of the Canyon Hills Specific Plan,
which action is bought within the time period provided for in California
Government Code Sections 65009 and/or 66499.37, and Public Resources
Code Section 21167. The City will promptly notify the applicant of any such
claim, action, or proceeding against the City and will cooperate fully with the
defense.
Prior To Final Tract Map
11.All lots shall comply with minimum standards contained in the Canyon Hills
Specific Plan.
12.A precise survey with closures for boundaries and all lots shall be provided per
the LEMC.
Page Thirty - City Council Minutes - May 11,2004
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13.Street names within the subdivision shall be approved by the Community
Development Director or Designee.
14.All of the improvements shall be designed by the applicant's Civil Engineer to
the specifications of the City of Lake Elsinore.
IS.The applicant shall comply with all conditions of the Riverside County Fire
Department.
16. The applicant shall meet all requirements of Elsinore Valley Municipal Water
District (EVMWD).
Prior To Desh!n Review Approval
17.All future structural development associated with this map requires separate
Design Review approval. _
IS.Prior to Design Review approval, the applicant shall show the following:
· Prepare Conceptual Landscape Plan for Model Home Complex which
describes species, size, and location of trees, shrubs, groundcover,
hardscape, etc. to be provided.
· Show that architectural treatments and articulation will be provided along
all elevations, not only the front elevations. At a minimum, foam surrounds
will be provided around all windows located along the side and rear
elevations.
· Those side and rear elevations that are within the public view will be
provided with additional architectural enhancements and articulations.
· Show that those materials provided along the front elevations (i.e. brick,
stone, etc.) will wrap around the side elevation and be flush with the front
return walls.
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Page Thirty-One - City Council Minutes - May 11,2004
. All front return walls shall be constructed of decorative masonry concrete
block. Wooden front returns are not allowed.
. Perimeter walls around the subdivision shall be of decorative masonry
concrete block.
20.Design for all drainage basins proposed with Tentative Tract Map No. 31706
shall be approved by the City Engineering Manager and Community
Development Director or designee. Security fencing shall also be shown.
Chain-link fencing is prohibited.
PRIOR TO BUILDING PERMIT/GRADING PERMITS
21.Prior to issuance of any grading permit and/or building permit, the applicant
shall sign and complete an "Acknowledgment of Conditions" and shall return
the executed original to the Community Development Department.
22.The applicant shall obtain all necessary State and Federal permits, approvals, or
other entitlements, where applicable, prior to each phase of development of the
project.
23.Prior to issuance of building permit, a Fuel Modification Plan and Program
shall be approved by the Fire Department for future phases. Said Plan and
Program shall show those special treatments necessary to achieve an acceptable
level of risk in regard to the exposure of structures to flammable vegetation and
shall describe the method of removal and installation, and provisions for
maintenance. The City's Landscape Architect shall ensure compliance with
said program.
24. The applicant shall comply with the following City programs: the City Source
Reduction and Recycling Element and Household Hazardous Waste Element,
the County Solid Waste Management Plan and Integrated Waste Management
Plan.
Page Thirty-Two - City Council Minutes - May 11, 2004
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25.Prior to issuance of building permit, the applicant shall submit a letter of
verification (will-serve letter) to the City Engineer, for all required utility
servIces.
26. The applicant shall meet all requirements of Elsinore Valley Municipal Water
District (EVMWD).
27.All subdivision tracts shall annex into the existing Canyon Hills Homeowner's
Association.
28. The applicant shall pay applicable fees and obtain proper clearance from the
Lake Elsinore Unified School District (LEUSD) prior to issuance of building
permits.
29.Pay all applicable fees including park fees.
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30.The applicant shall provide connection to public sewer for each lot within any
subdivision. No service laterals shall cross adjacent property lines and shall be
delineated on engineering sewer plans and profiles for submittal to the
EVMWD.
31.The applicant (master developer) shall prepare a Community-Wide Wall Plan
for the entire Canyon Hills area.
32.Prior to issuance of building permit, the applicant shall prepare a Final Wall
and Fence Plan addressing the following:
· Show that a masonry or decorative block wall will be constructed along the
entire tract boundary.
· Show materials, colors, and heights of rear, side and front walls/fences for
proposed lots.
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Page Thirty-~hree - City Council Minutes - May 11,2004
· Show that front return walls shall be decorative masonry block walls. Front
return wood fences shall not be permitted.
· Show that side walls for comer lots shall be decorative masonry block
walls.
· Show that those materials provided along the front elevations (i.e. brick,
stone, etc.) will wrap around the side elevation and be flush with the front
return walls.
33.The applicant shall submit plans to the electric utility company for a layout of
the street lighting system. The cost of street lighting, installation as well as
energy charges shall be the responsibility of the developer and/or the
association. Said plans shall be approved by the City and shall be installed in
accordance with the City Standards.
34. The applicant shall meet all requirements of the providing electric utility
company.
35. The applicant shall meet all requirements of the providing gas utility company.
36. The applicant shall meet all requirements of the providing telephone utility
company. .
37.A bond is required guaranteeing the removal of all trailers used during
construction.
38.All signage shall be subject to Planning Division review and approval prior to
installation.
39.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
Page Thirty-Four - City Council Minutes - May 11,2004
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the City Engineer and the Planning Division. Analysis of impacts of fills and
cuts greater than 60 feet shall be provided. Interim and permanent erosion
control measures are required. The applicant shall bond 100% for material and
labor for one year for erosion control landscaping at the time the site is rough
graded.
40.The City's Noise Ordinance shall be met during all site preparation activity.
Construction shall not commence before 7 :00 AM and cease at 5 :00 PM,
Monday through Friday. Construction activity shall not take place on
Saturday, Sunday, or any Legal Holidays.
Prior To Issuance Of Certificate Of Occupancy
41. The applicant shall restrict all construction traffic from using Lost Road, south
of the project boundary. All construction traffic will access the project area
from Canyon Hills Road. -
42. Throughout construction, as deemed appropriate by the City and the applicant,
fugitive dust suppression along Lost Road to minimize fugitive dust generation
shall be applied. Fugitive dust suppression techniques may include soil
watering, application of soil binders, and/or placement of gravel or other
appropriate material to minimize vehicle generated dust.
43.0pen space lots shall be retained by the applicant or dedicated to a
Conservancy. Maintenance of these open space lots shall be the responsibility
of either tl).e Conservancy and/or HOA.
ENGINEERING DIVISION
44.Dedicate full width right-of-way and construct full width roadway
improvements for Hillside Drive. Improvements and dedications shall be
consistent with the Canyon Hills Specific Plan.
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Page Thirty-Five - City Council Minutes - May 11,2004
45.Hillside Drive and Lot 'K' shall become a private road as noted on the
tentative map. The private road network shall begin at and include the turn-
around feature.
46.All private roads shall be constructed to be consistent with the Canyon Hills
Specific Plan.
47.Dedicate and improve full width of internal streets. Street improvements shall
conform to City standards for local street cross sections.
48.All private roads shall be maintained by an association or private maintenance
district.
49.Provide access capabilities for emergency vehicles through the gated entrance.
50.Provide detentionldesiltation basin designed to detain the Increase In
stormwater run-off volume resulting from the development.
51.Grading on adjacent property shall require a "notarized permission to grade"
letter from the affected property owner.
52.All slopes, cut or fill, shall comply with UBC requirements for setback from
adjacent property lines.
53.Diversion of stormwater flows shall not be allowed.
54.All Public Works requirements shall be complied with as a condition of
development as specified in the Lake Elsinore Municipal Code (LEMC) prior
Page Thirty-Six - City Council Minutes - May 11,2004
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to final map approval.
55.Underground water rights shall be dedicated to the City pursuant to the
provisions of Section 16.52.030 (LEMC), and consistent with the City's
agreement with the Elsinore Valley Municipal Water District.
56.Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution
85-26).
57.Submit a "Will Serve" letter to the City Engineering Division from the
applicable water agency stating that water and sewer arrangements have been
made for this project. Submit this letter prior to final map approval.
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58.Construct all public works improvements per approved street plans (LEMC
12.04). Plans must be approved and signed by the City Engineer prior to final
map approval (LEMC 16.34).
59.Street improvement plans and specifications shall be prepared by a Calif.
Registered Civil Engineer. Improvements shall be designed and constructed to
Riverside County Road Department Standards, latest edition, and City Codes
(LEMC 12.04 and 16.34).
60.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.
61.Applicant shall obtain any necessary Caltrans permits and meet all Caltrans
requirements.
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Page Thirty-Seven - City Council Minutes - May 11,2004
62.Desirable design grade for local streets should not exceed 9%. The maximum
grade of 15% should only be used because of design constraints.
63.Interior streets shall be designed with 9% as the desired grade and intersecting
streets shall meet at a maximum grade of 6 %.
64.Pay all fees and meet requirements of encroachment permit issued by the
Engineering Division for construction of public works improvements (LEMC
12.08 and Resolution 83-78).
65.All compaction reports, grade certifications, monument certifications (with tie
notes delineated on 8 YZ" x 11" Mylar) shall be submitted to the Engineering
Division before final inspection of public works improvements will be
scheduled and approved.
66.Applicant shall install permanent survey monuments in compliance with the
City's Municipal Code.
67.Applicant shall obtain all necessary off-site easements for off-site grading
from the adjacent property owners prior to final map approval.
68.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.
69.Provide fire protection facilities as required in writing by Riverside County
Fire.
70.Provide street lighting and show lighting improvements as part of street
improvement plans as required by the City Engineer.
Page Thirty-Eight - City Council Minutes - May 11,2004
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71.Applicant shall annex to the City's Street Lighting and landscaping
Maintenance District.
72.Applicant shall install blue reflective pavement markers in the street at all fire
hydrant locations.
73.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.
74.All 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 developer to pay $300 per sheet for City
digitizing.
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75.All utilities except electrical over 12 kv shall be placed underground, as
approved by the serving utility.
76.Apply and obtain a grading permit with appropriate security prior to building
permit issuance. A grading plan signed and stamped by a Calif. Registered
Civil Engineer shall be required if the grading exceeds 50 cubic yards or the
existing flow pattern is substantially modified as determined by the City
Engineer. If the grading is less than 50 cubic yards and a grading plan is not
required, a grading permit shall still be obtained so that a cursory drainage and
flow pattern inspection can be conducted before grading begins.
77.Provide soils, geology and seismic report including street design
recommendations. Provide final soils report showing compliance with
recommendations.
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Page Thirty-Nine - City Council Minutes - May 11,2004
78.An Alquist-Priolo study shall be performed on the site to identify any hidden
earthquake faults and/or liquefaction zones present on-site.
79.All grading shall be done under the supervision of a geotechnical engineer and
shall certify all slopes steeper than 2 to 1 for stability and proper erosion
control. All manufactured slopes greater than 30 ft. in height shall be
contoured.
80.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.
81.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.
82.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.
83.0n-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".
84.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.
85.Meet all requirements ofLEMC 15.64 regarding flood hazard regulations.
Page Forty - City Council Minutes - May 11,2004
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86.Meet all requirements ofLEMC 15.68 regarding floodplain management.
87.The applicant to provide FEMA elevation certificates prior to certificate of
occupancIes.
88. Site development along the lake perimeter will require special grading and
flood proofing requirements (LEMC 15).
89.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.
90.All drainage facilities in this tract shall be constructed to Riverside County
Flood Control District Standards.
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91.Storm drain inlet facilities shall be appropriately stenciled to prevent illegally
dumping in the drain system, the wording and stencil shall be approved by the
City Engineer.
92.Roof and yard drains will not be allowed to outlet through cuts in the street
curb. Roof drains should drain to a landscaped area when ever feasible.
93.10 year storm runoff should be contained within the curb and the 100 year
storm runoff should be contained within the street right-of-way. When either
of these criteria is exceeded, drainage facilities should be installed.
94.A drainage acceptance letter will be necessary from the downstream property
owners for outletting the proposed storm water run-off on private property.
95.Applicant shall be subject to all Master Planned Drainage fees and will receive
credit for all Master Planned Drainage facilities constructed.
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Page Forty-One - City Council Minutes - May 11,2004
96.Provide Tract Phasing Plan for the City Engineer's approval. Bond public
improvements for each Phase as approved by the City Engineer.
97.Applicant shall agree to participate in and join a Mello Roos Community
Facilities District (CFD) for infrastructure improvements and operation.
98.Up-slope maintenance along right-of-ways shall be maintained by the city's
lighting and landscaping maintenance assessment district or a homeowner's
association.
99. Applicant will be required to install BMP's using the best available
technology to mitigate any urban pollutants from entering the watershed.
100. Applicant shall provide the city with proof of his having filed a Notice of
Intent with the Regional Water Quality Control Board for the National
Pollutant Discharge Elimination System (NPDES) program with a storm water
pollution prevention plan prior to issuance of grading permits.
101. 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 and including
maintenance responsibilities.
102. Education guidelines and Best Management Practices (BMP) shall be
provided to residents of the development in the use of herbicides, pesticides,
fertilizers' as well as other environmental awareness education materials on
good housekeeping practices that contribute to protection of stormwater
quality and met the goals of the BMP in Supplement "A" in the Riverside
County NPDES Drainage Area Management Plan.
Page Forty-Two - City Council Minutes - May 11,2004
103. Applicant shall provide first flush BMP's using the best available
technology that will reduce storm water pollutants from parking areas and
driveway aisles.
104. Intersection site distance shall meet the design criteria of the CAL TRANS
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.
105. Intersecting streets on the inside radius of a curve will only be permitted
when adequate sight distance is verified by a registered civil engineer.
106. Local streets shall have sixty (60) ft. right-of -way with forty (40) ft. curb-
to-curb. Restricted local streets (cul-de-sacs) shall have fifty (50) ft. right-of-
way with thirty-six (36) ft. curb-to-curb and a three (3) ft. utility easement on
each side. ,
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107. Restricted local interior double- loaded streets shall not have less than a 50
ft. Right-of-way with 36 ft. Curb-to-curb and a 3 ft. utility easement on each
side of the street. Single- loaded local streets shall not have less than a 45 ft.
right-of-way with a 3 ft. utility easement and 36 ft. curb-to-curb.
108. No residential lot shall front and access shall be restricted on Hillside Drive
and so noted on the final map.
109. All parcels shall have direct access to public right-of-way or be provided
with a minimum 30-foot ingress and egress easement to public right-of-way by
separate instrument or through map recordation.
Page Forty-Three - City Council Minutes - May 11,2004
110. Upon demonstration to the City that an adjacent property owner is unable to
gain reasonable access to an adjacent parcel (considering available option
along the. entire boundary of the parcel), City shall inform applicant and
applicant agrees to take proactive measures to establish adequate access to
accommodate the adjacent parcel. Alternatively, the City may require that
Applicant offer an easement for necessary ingress and egress solely to address
the needs of the adjacent parcel. The conveyance of any easement pursuant to
this condition shall not conflict with designated uses of property including any
and all conservation, open space or mitigation use of property.
111. Applicant shall provide access to adjacent properties needing access
through this development by public right-of-way or access easement based on
a reasonable accessibility determination to the satisfaction of the City.
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112. If right-of-way is abandoned as part of this development, then adjacent
property affected by the abandonments must still have access to public
maintained right-of-way.
113. The final map shall show the abandonment of dedications of public right-of-
way or easements by appropriate certifications on the map.
114. Applicant shall record CC&R's for the tract prohibiting on-street storage of
boats, motorhomes, trailer, and trucks over one-ton capacity, roof mounted or
front yard microwave satellite antennas. The CC & R's shall be approved by
the Community Development Director prior to recordation of final map.
115. Applicant shall cause to be recorded a CC&R's with recordation of final
map which provides for irrevocable reciprocal parking, circulation, loading
and landscape maintenance easement in favor of all lots subject to the
approval of the Director of Community Development and the City Attorney.
The CC& R's shall enforce standards of building maintenance, participation in
landscape maintenance, prohibition of outside vehicle or material storage.
Page Forty-Four - City Council Minutes - May 11,2004
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116. Applicant shall provide a homeowner's association with CC&R's for
maintenance of the open space.
117. All open space and slopes except for public parks and schools and flood
control district facilities, outside the public right-of-way will be owned and
maintained by either a home owner's association or private property owner.
118. Existing access easements over property must be addressed to the
satisfaction of the easement owners prior to final map approval.
119. If the CFD has not been formed at building permit, then the developer shall
enter into an agreement with the City to mitigate drainage impacts by payment
of a Drainage Mitigation fee. Per recommendations of the Master Drainage
Plan developed by RCFCD for the West End, the developer shall deposit
$4000 per acre. If a Drainage Assessment District is formed in the West End
and that drainage fee is lower than the present fee, a partial refund will be
returned.
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120. All waste material, debris, vegetation and other rubbish generated during
cleaning, demolition, clear and grubbing or other phases of the construction
shall be disposed of at appropriate recycling centers. The applicant should
contract with CR&R Inc. for recycling and storage container services, but the
applicant may use the services of another recycling vendor. Another recycling
vendor, other than CR&R Inc., cannot charge the applicant for bin rental or
solid waste disposal. If the applicant is not using CR&R Inc. for recycling
services and the recycling material is either sold or donated to another vendor,
the applicant shall supply proof of debris disposal at a recycling center,
including verification of tonnage by certified weigh master tickets.
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Page Forty-Five - City Council Minutes - May 11,2004
121. Applicant shall provide funding for the re-appropriation calculations of the
assessment due to the increase in lots in the assessment district.
122. In accordance with the City's Franchise Agreement for waste disposal and
recycling, the applicant shall be required to contract with CR&R Inc. for
removal and disposal of all waste material, debris, vegetation and other
rubbish generated during cleaning, demolition, clear and grubbing or all other
phases of construction.
APPEAL
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22. Appeal of Planning Commission Approval of Conditional Use Permit
(CUP) No. 2003-13 on April 20. 2004 (Second Appeal). Appellant: Cyril
J. Dantchev. Alhadeff & Solar. LLP (Representing Dino Foutris of
Douglas Burger).
Community Development Director Brady explained this appeal of the
Planning Commission decision and noted that the project would also be
before the Council for design review this evening. He advised that the
4,700 square foot building as proposed has a drive-thru as part of the
restaurant, which would be located at Dexter and Highway 74. He advised
that the Planning Commission heard this project on April 20th following
prior consideration and an appeal last fall. He indicated that the Planning
Commission had reconsidered the matter and made some adjustments to
move the driveway for traffic concerns; and reapproved the design review
and the conditional use permit. He noted that the appeal was regarding the
drive-thru portion of the restaurant. He commented that he understood that
the applicant had requested continuance of the item, and offered to answer
questions.
Page Forty-Six - City Council Minutes - May 11,2004
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City Manager Watenpaugh inquired if the letters from the applicant had
been distributed to Council. City Attorney Leibold confirmed that the letter
had been provided to the Council, requesting continuance.
The Appellant noted that the first request was for continuance and they had
spoken with the City Attorney, as they were notified by regular mail,
received yesterday. He commented that they were not allowed to get a tape
of the hearing until after the minutes are approved. He indicated that he
understood it was a burden to pull the information together, but noted that it
was a bit of a surprise, and in checking the exhibits he did not believe they
received the final conditions of approval. He noted that he represented a
number of larger development companies in the City who were working to
provide a CFD for Camino del Norte, and the area of this project was going
to be a critical intersection for the City due to the large box users. He
indicated that notice was given to Caltrans, but no information had been
received in response. He suggested that it was not fair for them or the -
engineer to deal with incomplete exhibits. He indicated that they had
requested a continuance to meet with the engineer and allow them to bring
exhibits to explain the property. He reiterated his request for continuance to
prepare .materials. He stressed that it was important that everyone have all
of the information before making the decision. He indicated that he did not
think the City Attorney would disagree with a two week continuance to
provide complete information.
Maureen Muranaka, representing Tom's Restaurant, indicated that she was
available to answer questions, but wished to respond to the request for
continuance. She commented that the original application was filed in July,
2003 and heard in October; it was then heard on appeal in December and the
Mitigated Negative Declaration was prepared toward the end of March. She
indicated that they had been very patient with the delays on the matter and
requested that the Council deny the request for continuance.
Jim Bickel, architect for Tom's Restaurant, reiterated that the applications
were made last summer. and emphasized that thev worked verY closelv with
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Page Forty-Seven - City Council Minutes - May 11,2004
the Planning and Engineering staff to address any issues. He explained that
they moved the entry sixty feet to the south to show cooperation with the
City, and planned the site so it still works well. He indicated they
originally brought the site plan with an outdoor patio area, but it was
eliminated at the request of staff to allow for additional landscape on the
street site. He indicated that they were willing to do whatever they were
directed to keep moving ahead smoothly, and offered to answer questions.
Sam Alhadeff, Appellant, indicated that he was not prepared to address the
substan~ive issues, and questioned the City Engineer on the changes with
regard to the project. He noted that everyone was entitled to see it. City
Engineer Seumalo noted that page 108 of 126 was an exhibit of the property
in question under Item 31. He explained the delineation of the future right-
of-way to meet the condition of approval, and noted the future alignment of
Dexter Avenue. Mayor Buckley inquired if page 108 matched the larger
plan, provided to the City Council. City Engineer Seumalo confirmed.
Councilman Magee inquired if Mr. Alhadeff wanted to speak about the
appeal. Mr. Alhadeff summarized the challenges, and indicated that he
didn't believe the analysis was completed with regard to where the
interchange would be. He indicated that there was no focused traffic study
for this project. He commented that the mitigated negative declaration
assumed circulation and CEQA analysis and construction of improvements.
He indicated that on this property it was also a situation of trying to develop
CaminO' del Norte; and questioned if there was a requirement for a traffic
study for Home Depot or Lowe's, as everything will culminate in this
intersection very soon. He stressed that there was no focused traffic study
with regard to this site, and requested clarification from the City Engineer.
He indicated that he would like to know if Allen Avenue has been vacated
or abandoned; and questioned the alignment of Crane Street and Dexter
Avenue: He noted the site plan, and indicated that while the driveway was
moved sixty feet, the turning radius and future expansion of Dexter Avenue
were not addressed. He questioned the required median, and noted that the
parking and landscaping had to be reconfigured with regard to the drive-
thru. He expressed concern with the potential stacking issues at Dexter and
Page Forty-Eight - City Council Minutes - May 11,2004
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Crane, and reiterated his questions on the distance and turning radiuses. He
stressed the challenges and requested that the item be continued, so he could
have the opportunity to meet with the City Engineer.
Councilman Magee noted that Mr. Alhadeffwas representing Douglas
Burgers, but they have a drive-thru element as well. He inquired if Caltrans
had commented on the project. Mr. Alhadeff clarified with the owner and
indicated that they had comments on the drainage and the Park and Ride
facility,but he was not sure if there was a "PSR" on that interchange. He
noted that with regard to the Motel 6 on the other side of Central, there were
questions regarding the freeway loop.
Councilman Magee inquired if Douglas Burgers had been required to
prepare a traffic study for their project. Mr. Alhadeff indicated that they
were not required to prepare one when the facility was built in 1997.
Councilman Magee stressed that this was a similar use. He questioned the -
vacation of Allen Street and Crane Street. City Engineer Seumalo indicated
he understood that Allen Street had been vacated and Crane Street had not
been vacated, but he could provide a more solid investigation. Councilman
Magee questioned the alignment of Crane Street. City Engineer Seumalo
indicated that it was somewhat unconventional, but it had not been
addressed yet. Councilman Magee questioned the median requirements for
the in-lieu fee, at this time, and clarified that no design was pending, but it
was only a requirement for the frontage. City Engineer Seumalo
confirmed. Councilman Magee noted an issue at the last meeting regarding
the interchange configuration with respect to 1-15 and Highway 74. City
Engineer Seumalo indicated that staff was in conversation with Caltrans,
and they are moving forward with a PSR, but there is currently no proposal
on the configuration. He indicated that they had estimated outside the
Caltrans options. Councilman Magee noted the outside options, and
suggested that it would consider the potential realignment of Dexter
Avenue, but questioned if there was still adequate parking and landscaping.
City Engineer Seumalo confirmed.
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Page Forty-Nine - City Council Minutes - May 11,2004
Councilman Schiffner asked the appellant if his only issue was the drive-
thru. Mr. Alhadeff indicated that they had appealed the Conditional Use
Permit and the Mitigated Negative Declaration, and suggested that the
appeal related to CEQA issues. He questioned the completion of a stacking
study and the use of the word unconventional. City Engineer Seumalo
indicated that with respect to the alignment, the project was unconventional,
vs. the traditional alignment with roads perpendicular to each other. He
indicated that he was not aware of a stacking distance study. Councilman
Schiffner indicated that he was not sure where the stacking problem
occurred. City Engineer Seumalo clarified the locations of concern.
Councilman Schiffner commented that as far as the future of what happens
on the freeway, from the report presented, he had a sense that the only thing
the Council had a right to decide on was the Conditional Use Permit. He
indicated that he felt the applicant had complied to make that possible. He
noted the potential for legal problems, but indicated that he did not see it as
a Council issue. He indicated that if the Council failed to approve the
project with proper conditions, the City could be the defendant. He
commented that he had no idea what the other Councilmembers were
feeling, but he was in favor of approving the plan as it was; and did not
think any more information could be shown that would affect his vote on
the item. He indicated that he was in favor of approving the project.
Councilman Hickman inquired if Crane Street was only an entrance and exit
for the parking lot, noting that it would have to end because it could not go
much farther. Staff confirmed.
Mayor Pro Tern Kelley noted the history of the project and indicated that the
applicant had been very patient. She stressed that the issues in question
went back to the Planning Commission; they moved the driveway and the
traffic questions were handled. She indicated that she could not see a
reason to deny the project, and suggested upholding the decision of the
Planning Commission.
Page Fifty - City Council Minutes - May 11,2004
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Mayor Buckley inquired if doing the appeal first would vest the right to the
drive-thru in the final review process. City Attorney Leibold indicated that
if the Council was addressing the appeal on the CUP, denying the appeal
provided a permitted drive-thru by issuance of a conditional use permit.
She commented that she was going to suggest that all of the material were
part of the record as part of Item 31. She suggested that perhaps the Council
could hear the items together and review the Mitigated Negative
Declaration, and act on both items. Mayor Buckley questioned if the appeal
was granted, what would happen to Item 31. City Attorney Leibold
indicated that the Council would consider everything except the drive-thru.
Mayor Buckley questioned what would happen if the continuance was
granted. City Attorney Leibold indicated that if the continuance was
granted, the design review depends on the approval of the drive-thru, so if
the conditional use permit is denied the design would need to be reworked.
She indicated that they would need to go together. Mayor Buckley noted
that a letter stating that Caltrans comments were not provided, and indicated -
that the staff report confirmed that no Caltrans comments had been received;
and noted that there were only comments from the appellant attorney. He
questioned when personal contact had been made with Caltrans.
Community Development Director Brady indicated that he was not sure of
the date. Councilman Schiffner commented that this discussion was
outside the consideration of this agenda item. Mayor Buckley indicated
with regard to continuance of the appeal, it had been discussed several
times, that information needs to be provided in a timely manner; and to be
told on Monday that the appeal is Tuesday, is poor form. He questioned if
it could go two more weeks.
MOVED BY SCHIFFNER, SECONDED BY MAGEE TO DENY THE
APPEAL.
Mayor Pro Tern Kelley asked the City Attorney if she would prefer that they
address the two items together. City Attorney Leibold concurred that the
materials with regard to the Planning Commission items were in the staff
report for Item 31. Mayor Buckley questioned if the applicant was -
Page Fifty-One - City Council Minutes - May 11,2004
provided Item 31. The appellant indicated that they were not provided with
Item 31. Mayor Buckley suggested that Item 31 had a definite bearing on
the appeal. City Attorney Leibold requested a five minute recess.
THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:50
P.M.
THE REGULAR CITY COUNCIL MEETING RECONVENED AT 9:00
P.M.
Mayor Buckley questioned a decision with regard to continuance first.
City Attorney Leibold explained that the letter requesting the appeal, clearly
related to the conditional use permit. She requested that the motion and
second be withdrawn for the moment to consider if the Council was willing
to continue the appeal. She indicated if the Council was willing to consider
the appeal, they could move on to Item 31 for action on the mitigated
negative declaration. She further indicated that if the Council was willing
to act oI?- the mitigated negative declaration, then it would be appropriate to
act on the consideration of the conditional use permit; and then move on to
design review. She noted that if the decision was to continue Item 22, then
they should also continue Item 31.
THE STANDING MOTION AND SECOND WERE WITHDRAWN.
MOVED BY KELLEY, SECONDED BY SCHIFFNER TO DENY THE
REQUEST TO CONTINUE AND MOVE FORWARD.
Mayor Buckley requested an outline of how the appellant was notified in the
last week or so. Mr. Alhadeff indicated that he was notified yesterday by
ordinary mail, and he was still not sure he had all of the documents or the
verbal changes to the conditions. He indicated that he had called the City
last week, but was only notified yesterday by mail. Mayor Buckley
inquired what he was told about the timing of the appeal. Mr. Alhadeff
Page Fifty-Two - City Council Minutes - May 11,2004
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indicated that when they checked the website it was not on, but that may
have been their mistake; so their first notice was by ordinary mail yesterday.
Councilman Hickman inquired if Mr. Alhadeffattended the Planning
Commission meeting when the project was discussed and a decision was
made. Mr. Alhadeff confirmed. City Attorney Leibold clarified that the
grounds for the appeal was the decision. Mr. Alhadeff stressed that he had
no information until yesterday, and he was still not sure he had everything.
Councilman Magee noted the action on April 20th, followed by the filing of
the appeal on the 29th; after which staff scheduled for the next available
City Council meeting. Councilman Schiffner commented that he had great
sympathy for the situation and how this had happened, but he felt he had
enough information to make his decision.
THE FOREGOING MOTION TO REJECT THE REQUEST FOR
CONTINUANCE CARRIED BY A VOTE OF 4 TO 1 WITH BUCKLEY
CASTING THE DISSENTING VOTE.
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City Attorney Leibold suggested blending Items 22 and 31, and consider the
Mitigated Negative Declaration first.
MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY
UNANIMOUS VOTE TO COMBINE ITEMS 22 AND 31.
22. Appeal of Planning Commission Approval of Conditional Use Permit
(CUP) No. 2003-13 on April 20. 2004 (Second Appeal). Appellant: Cyril
J. Dantchev. Alhadeff & Solar. LLP (Representing Dino Foutris of
Douglas Burger).
31. Mitigated Negative Declaration No. 2003-05 and Design Review of
Commercial Protect No. 2003-05. Tom's Restaurant (APN 377-030-017).
Mayor Buckley noted that he had three requests to speak under Item 31, and
deferred to those comments.
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Page Fifty-Three - City Council Minutes - May 11,2004
Jim Bickel made no comments.
Cyril Dantchev, representing Dino F outris, owner of Douglas Burgers,
noted that this item was returned to staff for further discussion, but still did
not address some of the issues at stake. He indicated that it did not address
traffic impacts, but the project was changing the area to a heavily urbanized
area. He indicated that it assumed that all improvements were in place,
which was not the case. He also indicated that the projects right now, would
make a focused traffic study reasonable, and stressed the cumulative traffic
impacts. He suggested that looking at the 2025 build-out was not a practical
approach, and noted that the only real mediation was a $16,000 fee for
traffic. He suggested that shifting the driveway would not change the traffic
issues. He noted an existing easement across from the project and stressed
that there had been no study of traffic impacts.
Mayor Buckley indicated that he wanted to be sure that what happened at
Railroad Canyon and 1-15, did not occur at Central and 1-15. He stressed
that he did not want to build buildings that might have to be bought and
knocked down to allow for the interchange.
MOVED BY KELLEY, SECONDED BY SCHIFFNER TO APPROVE
MITIGATED NEGATIVE DECLARATION NO. 2003-05, AND ADOPT
RESOLUTION NO. 2004-38, BASED ON THE FOLLOWING FINDINGS.
Councilman Hickman questioned if there were Caltrans plans showing how
this location would be impacted. Community Development Director Brady
indicated that there were no specific plans at this point. He clarified that it
would be the same process as that for Railroad Canyon. Councilman
Hickman suggested that if there were improvements, they would probably
take the Chevron and Douglas Burgers. Councilman Schiffner questioned
the current discussion with Caltrans and suggested those plans under
consideration would not be on this property. Community Development
Director Brady indicated that they had looked at a number of configurations.
Page Fifty-Four - City Council Minutes - May 11,2004
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Councilman Magee questioned the best way to vote on the merged items.
City Attorney Leibold suggested voting first on the Mitigated Negative
Declaration, then the Conditional Use Permit and finally the Design
Review.
Mayor Buckley commented that a traffic study was warranted in this case.
THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 1 WITH
BUCKLEY CASTING THE DISSENTING VOTE.
Findin2s
Mitigated Negative Declaration No. 2003-05
1. Given that project impacts have been identified as Less Than Significant
Impacts with Mitigation Incorporation, cumulative impacts are not foreseen. -
Pursuant to the evidence received in the light of the whole record presented to
staff, the project will not have cumulative impacts on the environment
considering the applicable Conditions of Approval and Mitigation Monitoring
Program.
2. The proposed project does not have the potential to cause substantial adversely
effects on human beings, either directly or indirectly with mitigation measures.
Pursuant to the evidence received in light of the whole record presented to
staff, the project will not result in a significant impact on the environment
considering the applicable Conditions of Approval and Mitigation Monitoring
Program.
3. Prior to approving the project, the City Council has considered the proposal
and any comments received during the public review process. The City Council
shall approve and adopt the proposed Mitigated Negative Declaration bases on
the whole record before it (including the initial study, comments received and _
Page Fifty-Five - City Council Minutes - May 11,2004
Mitigation Monitoring Plan), that there is not substantial evidence the project
will have a'significant effect on the environment and the Mitigated Negative
Declaration reflects the City Council's independent judgment and analysis.
4. The documents and other materials, which constitute the record of proceedings
upon which the Planning Commission's decision to recommend adoption of the
Mitigated Negative Declaration to City Council, and the City's Council's
decision to uphold the Planning Commission's recommendation, are on file
with the City Clerk of the City of Lake Elsinore at 130 South Main Street.
Design Review -Commercial Project No. 2003-05
1. The project, as approved, will comply with the goals and objectives of the
General Plan and the Zoning District in which the project is located.
The proposed commercial project located at Dexter Avenue and Crane Street,
APN 377-030-071, complies with the goals and objectives of the General Plan,
in that the approval of this commercial project will assist in achieving the
development of a well-balanced and functional mix of residential, commercial,
industrial, open space, recreational and institutional land uses as well as
encouraging commercial land uses to diversifY Lake Elsinore's economic base.
2. The project complies with the design directives contained in Section 17.82.060
and all other applicable provisions of the Municipal Code.
The proposed commercial project located at Dexter Avenue and Crane Street,
APN 377-030-071 is appropriate to the site and surrounding developments.
The commercial project has been designed in consideration of the size and
shape of the property, and will equal or exceed the existing architectural
design of neighboring properties.
3. Subject to the attached Conditions of Approval and Mitigated Monitoring
Program, the proposed project is not anticipated to result in any significant
adverse environmental impacts.
Page Fifty-Six - City Council Minutes - May 11,2004
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Pursuant Section 15070, Decision to Prepare a Negative or Mitigated Negative
Declaration of the California Environmental Quality Act (CEQA), the
proposed commercial project located at Dexter Avenue and Crane Street, as
reviewed and conditioned by all applicable City Divisions and Departments
and Agencies, will not have a significant effect on the environment.
4. Conditions. and safeguards pursuant to Section 17.82.070, including guarantees
and evidence of compliance with conditions, have been incorporated into the
approval of the subject project to ensure development of the property in
accordance with the objectives of this Section and the zoning district in which
the site is located.
Pursuant to Section 17.82.070 (Action of the Planning Commission) of the
Lake Elsinore Municipal Code (LEMC), the proposed commercial project
located at Dexter Avenue and Crane Street, APN 377-030-071, has been
recommended for approval by the Planning Commission to City Council with -
specific conditions of approval.
CONDITIONS OF APPROVAL FOR DESIGN REVIEW FOR
COMMERCIAL PROJECT NO. C 2003-05 AND CONDITIONAL USE
PERMIT NO. 2003-13
PLANNING DIVISION
1. Design Review approval for Commercial Project No. C 2003-05 will lapse and
be void unless building permits are issued within one (1) year of City Council
approval. The Community Development Director may grant an extension of
time of up' to one (1) year per extension, prior to the expiration of the initial
Design Review approval. Application for a time extension must be submitted
to the City of Lake Elsinore one (1) month prior to the expiration date.
2. Conditions of Approval shall be reproduced on page one of building plans
submitted to the Building Division for Plan Check. All Conditions of
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Page Fifty-Seven - City Council Minutes - May 11,2004
Approval shall be met prior to the issuance of a Certificate of Occupancy and
release of utilities.
3. All site improvements approved with this request shall be constructed as
indicated on the approved site plan and elevations. Revisions to approved site
plans or building elevations shall be subject to the review of the Community
Development Director. All plans submitted for Building Division Plan Check
shall conform to the submitted plans as modified by Conditions of Approval, or
the Planning Commission/City Council through subsequent action.
4. Any revisions to the interior floor plans that could cause the requirement for
additional parking shall be subject to the review and approval of the
Community Development Director or designee.
5. All roof mounted or ground support air conditioning units or other mechanical
equipment incidental to development shall be architecturally screened or
shielded by landscaping so that they are not visible from neighboring property,
public streets, or Interstate 15 Any material covering the roof equipment shall
match the primary wall color.
6. All exterior on-site lighting shall be shielded and directed on-site so as not to
create glare onto neighboring property and streets or allow illumination above
the horizontal plane of the fixture. All light fixtures shall match the
architectunil style of the building.
7. All loading zones shall be clearly marked with yellow striping and shall
comply with the requirements of the LEMC.
8. Applicant shall meet ADA (Americans with Disabilities Act) requirements.
9. The applicant shall construct a 6 foot wrought iron fence with pilasters along
the northwest and southwestern boundaries.
Page Fifty-Eight - City Council Minutes - May 11,2004
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10.Trash enclosures shall be constructed per City standards as approved by the
Community Development Director. A minimum of as' landscaped planter is
required on each side of the trash enclosure.
11.No exterior roof ladders shall be permitted.
12.Applicant shall use roofing materials with Class "A" fire rating.
13.All exterior downspouts shall be painted to match with building exterior color.
14. The Planning Division shall approve the location of any construction trailers
utilized during construction. All construction trailers shall require a $1,000.00
cash bond, submit a site plan and processed through the Planning Division.
15.Materials and colors depicted on the plans and materials board shall be used
unless modified by the applicant and approved by the Community -
Development Director or designee.
16.0n-site surface drainage shall not cross sidewalks.
17.Parking stalls shall be double-striped with four-inch (4") lines two feet (2')
apart.
18.All exposed slopes in excess of three feet (3') in height shall have a permanent
irrigation system and erosion control vegetation installed, approved by the
Landscape Architectural Consultant and Planning Division.
PRIOR TO BUILDING/GRADING PERMITS
19.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.
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Page Fifty-Nine - City Council Minutes - May 11,2004
20.All signs require review and approval by the Planning and Building and Safety
Divisions prior to installation. A Sign Program will be required if a Freeway
Sign is proposed. All Sign Programs require review and approval by the
Planning Commission prior to obtaining sign permits.
21.Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be
submitted, reviewed and approved by the City's Landscape Architect
Consultant and the Community Development Director or designee, prior to
issuance of building permit. A Landscape Plan Check & Inspection Fee will be
charged prior to final landscape approval based on the Consultant's fee plus
forty percent ( 40%) City fee.
a) All planting areas shall have permanent and automatic sprinkler
system with 100% plant and grass coverage using a combination of
drip and conventional irrigation methods.
b) Applicant shall plant street trees, selected from the City's Street Tree
List, a maximum of forty feet (40) apart and at least twenty-four-inch
(24 ") box in size.
c) All planting areas shall be separated from paved areas with a six-inch
(6") high and six-inch (6") wide concrete curb.
d) Planting within fifteen feet (15') of ingress/egress points shall be no
higher than thirty-six inches (36").
e) Landscape planters shall be planted with an appropriate parking lot
shade tree to provide for 50% parking lot shading in fifteen (15)
years.
t) Any transformers and mechanical or electrical equipment shall be
indicated on landscape plan and screened as part of the landscaping
plan.
Page Sixty - City Council Minutes - May 11,2004
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g) The landscape plan shall provide for ground cover, shrubs, and trees
and meet all requirements of the City's adopted Landscape
Guidelines. Special attention to the use of Xeriscape or drought
resistant plantings with combination drip irrigation system to be used
to prevent excessive watering.
h) All landscape improvements shall be bonded 100% for material and
labor for two years from installation sign-off by the City. Release of
the landscaping bond shall
be requested by the applicant at the end of the required two years with
approval/acceptance by the Landscape Consultant and Community
Development Director or Designee.
i)
All landscaping and irrigation shall be installed within affected
portion of any phase at the time a Certificate of Occupancy is
requested for any building. All planting areas shall include plantings
in the Xeriscape concept, drought tolerant grasses and plants.
-
j) Final landscape plan must be consistent with approved site plan.
k) Final landscape plans to include planting and irrigation details.
22.Applicant shall comply with the requirements of the Elsinore Valley Municipal
Water District. Proof shall be presented to the Chief Building Official prior to
issuance of building permits and final approval.
23.Prior to issuance of building permits, applicant shall provide assurance that all
required fees to the Lake Elsinore Unified School District have 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.
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Page Sixty-One - City Council Minutes - May 11,2004
25.Prior to issuance of building permits, applicant shall pay park-in-lieu fee in
effect at time of building permit issuance.
ENGINEERING DIVISION
26.All Public' Works requirements shall be complied with as a condition of
development as specified in the Lake Elsinore Municipal Code (LEMC) prior
to building permit.
27.Dedicate sufficient right-of-way along the frontage of Dexter Ave. to provide
for a future 100 ft. wide street (50 ft. half-section) with a 1600 ft. radius to the
City prior to issuance of building permit.
-
28.Public right-of-way dedications shall be prepared by the applicant or his agent.
Deeds shall be submitted to the Engineering Division for review and approval
prior to issuance of building permit.
29.Payall Capital Improvement and Plan Check fees (LEMC 16.34). The traffic
mitigation fee is $15,815 and the drainage fee is $7,885 (Third St. distr.) This
project shall also be subject to TUMF Fees in the event a building permit is not
pulled before July 1, 2004.
30.The northeasterly driveway on Dexter Ave. shall be relocated to Crane Street
and only one driveway will be allowed on Dexter Avenue.
31.Submit a '''Will Serve" letter to the City Engineering Division from the
applicable water agency stating that water and sewer arrangements have been
made for this project. Submit this letter prior to applying for a building permit.
32.Construct all public works improvements per approved street plans (LEMC
Title 12). Plans must be approved and signed by the City Engineer prior to
issuance of building permit (LEMC 16.34).
Page Sixty-Two - City Council Minutes - May 11,2004
33.Street improvement plans and specifications shall be prepared by a Calif.
Registered Civil Engineer. Improvements shall be designed and constructed to
Riverside County Road Department Standards, latest edition, and City Codes
(LEMC 12.04 and 16.34).
34. The applicant shall furnish a traffic signing and striping plan for Dexter Ave.
and Crane Street, subject to the approval of the City Engineer.
35.Pay all fees and meet requirements of an encroachment permit issued by the
Engineering Division for construction of off-site public works improvements
(LEMCI2.08, Res.83-78). All fees and requirements for an encroachment
permit shall be fulfilled before Certificate of Occupancy.
36.The applicant shall obtain any necessary Caltrans permits and meet all Caltrans
requirements.
37.All compaction reports, grade certifications, monument certifications (with tie
notes delineated on 8 1/2" x 11" mylar) shall be submitted to the Engineering
Division before final inspection of off-site improvements will be scheduled and
approved.
38.The applicant shall obtain all necessary off-site easements for off-site grading
from the adjacent property owners prior to grading permit issuance.
39.Apply and obtain a grading permit with appropriate security prior to building
permit issuance. A grading plan signed and stamped by a Calif. Registered
Civil Engineer shall be required if the grading exceeds 50 cubic yards or the
existing flow pattern is substantially modified as determined by the City
Engineer. If the grading is less than 50 cubic yards and a grading plan is not
required, a grading permit shall still be obtained so that a cursory drainage and
flow pattern inspection can be conducted before grading begins.
40.Applicant to provide erosion control measures as part of their grading plan. The
applicant shall contribute to protection of storm water quality and met the goals -
Page Sixty-Three - City Council Minutes - May 11,2004
of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area
Management Plan.
41.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.
42.Provide fire protection facilities as required in writing by Riverside County
Fire.
43.0n-site drainage shall be conveyed to Dexter Ave. or Crane St. or accepted by
adjacent property owners (Caltrans) by a letter of drainage acceptance or
conveyed to a drainage easement.
-
44.All natural drainage traversing the site shall be conveyed through the site, or
shall be collected and conveyed by a method approved by the City Engineer.
45.Roof and yard drains will not be allowed to outlet through cuts in the street
curb. Roofs should drain to a landscaped area whenever feasible.
46.Applicant shall provide the city with proof of his having filed a Notice of Intent
with the Regional Water Quality Control Board for the National Pollutant
Discharge Elimination System (NPDES) program with a storm water pollution
prevention plan prior to issuance of grading permits. The applicant shall
provide a SWPPP for post construction which describes BMP's that will be
implemented for cleaning, building maintenance, landscaping and irrigation.
47.In accordance with the City's Franchise Agreement for waste disposal &
recycling, the applicant shall be required to contract with CR&R Inc. for
removal and disposal of all waste material, debris, vegetation and other rubbish
generated during cleaning, demolition, clear and grubbing or all other phases of
construction.
Page Sixty-Four - City Council Minutes - May 11,2004
48.Dedicate full ~ width and construct ~ width improvements of Crane Street.
(Revised at the April 20, 2004 Planning Commission Meeting)
49. Contribute cash in lieu fee for roadway median on Dexter Avenue for full
frontage length of project. (Revised at the April 20, 2004 Planning
Commission Meeting)
50. The applicant shall defend (with counsel acceptable to the City), indemnify,
and hold harmless the City , its 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 Commercial Project no. 2003-05 and
Conditional Use Permit No. 2003-05, which action is brought within the time
period provided for in California Government Code Sections 65009 and lor
66499.37, and Public Resources Code Section 21167. The City will 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.
(Revised at the April 20, 2004 Planning Commission Meeting)
MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY
A VOTE OF 4 TO 0, WITH BUCKLEY ABSTAINING TO DENIAL THE
APPEAL, AND UPHOLD THE PLANNING COMMISSION APPROVAL.
MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY
A VOTE OF 4 TO 0, WITH BUCKLEY ABSTAINING TO APPROVE THE
DESIGN REVIEW OF COMMERCIAL PROJECT NO. 2003-05 BASED ON
THE EXHIBITS AND FINDINGS, AND SUBJECT TO THE FOLLOWING
CONDITIONS OF APPROVAL.
BUSINESS ITEMS
32. Memorandum Of Understanding Between The County Of Riverside And
The City Of Lake Elsinore Concerning Implementation Of The Western
Riverside County Multi- Species Habitat Conservation Plan And
-
-
Page Sixty-Five - City Council Minutes - May 11,2004
Reconsideration Of The Joint Exercise Of Powers Agreement Creating
The Western Riverside County Regional Conservation Authority
-
City Attorney Leibold reviewed the Council's prior consideration of the
MSHCP; and noted that discussions had been ongoing with the County of
Riverside. She indicated that all of the other cities and the County had now
approved the MSHCP and the RCA was now acting, with the City of Lake
Elsinore being denied a voting position, due to the refusal to approve the
originally proposed agreement. She explained that a Memorandum of
Understanding had been prepared between the City and the County to
provide assurances to the City and establish the County obligations for
specific language changes and policies. She noted that the key issues were
acquisition of property, reporting requirements and expenditures of fees.
She further noted that the City would retain the right to withdraw from the
MSHCP and JP A consistent with the Implementing Agreement, so long as
the City' complies with the procedural requirements; after which the County
would release the City from liability. She commented that a future
withdrawal would be an action in good faith. She noted that a map would
be attached to identify the areas the County will support for future
annexations, if supported by the City and the majority of impacted residents.
She indicated that the County had requested one modification of the map for
the area, known as the Chen property or Laguna Heights. She suggested
that with the elimination of that property, she was prepared to request
consideration of the MOU, and noted that if approved the County has
represented that it will consider the MOU on May 18th. She indicated that
they had also requested consideration of the JP A as originally proposed by
the County and executed by other agencies, and authorize the Mayor to
execute it, if the County approves the MOU.
-
MOVED BY SCHIFFNER, SECONDED BY BUCKLEY TO APPROVE
THE PROPOSED MOU AND AUTHORIZE THE MAYOR TO EXECUTE
IT ON BEHALF OF THE CITY; AND IN RELIANCE ON THE COUNTY'S
AGREEMENTS SET FORTH IN THE MOU, AND UPON EXECUTION BY
THE COUNTY, APPROVE THE JP A AND AUTHORIZE THE MAYOR TO
Page Sixty-Six - City Council Minutes - May 11,2004
EXECUTE ON BEHALF OF THE CITY WITH THE UNDERSTANDING
THAT THE CITY'S CONCERNS REGARDING MSHCP AND ITS
IMPLEMENTATION HAVE NOT BEEN ADEQUA TEL Y ADDRESSED
AND THAT THE CITY WILL CONTINUE TO ADVOCATE
MODIFICATIONS AS IT DEEMS NECESSARY AND APPROPRIATE.
Mayor Buckley inquired if the JP A required an Ordinance. City Attorney
Leibold indicated that a minute order was adequate.
Mayor Pro Tern Kelley noted that she would be voting no to be in balance
with original decisions, as she does not support the MSHCP.
City Attorney Leibold clarified the motion to be the approval of the MOD,
and authorization for the Mayor to sign the MOD; and approval of the JPA
with the authorization for the Mayor to sign only if the executed MOD is
received from the County.
Mayor Buckley further clarified that the MOD was with the minor
modifications and elimination of the Laguna Heights Annexation area.
City Attorney Leibold inquired if it was approved and executed by the
Council., if they would authorize the Mayor to execute the implementing
agreement.
THE MOTION AND THE SECOND CONCURRED WITH
AUTHORIZATION FOR THE MAYOR TO EXECUTE THE
IMPLEMENTING AGREEMENT, AND THE MOTION WAS AMENDED.
THE FOREGOING MOTION AS AMENDED WAS CARRIED BY A VOTE
OF 4 TO 1 WITH KELLEY CASTING THE DISSENTING VOTE.
ITEMS PULLED FROM THE CONSENT CALENDAR
3. CR & R Annual Consumer Price Index Increase.
Page Sixty-Seven - City Council Minutes - May 11,2004
Mayor Buckley indicated that he had pulled this item from the Consent
Calendar so everyone could be aware of the change. He noted that the
typical house would now be paying $.33 per month more for their garbage
collection; and advised that this was a 1.8% increase.
MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY
UNANIMOUS VOTE TO APPROVE THE CPI INCREASE AND THE
APPLICATION OF NEW RATES FOR REFUSE PICK-UP, RECYCLING
AND DISPOSAL TO TAKE EFFECT ON JULY 1,2004.
6. Approval of Final Map 28751 - Water's Edge - Pulte Home Corporation.
City Manager Watenpaugh noted that this item was before the Council at
the last meeting, and Council asked staff to meet with the Tuscany Hills
residents one more time. He indicated that the bullet points from the
meeting were included in the staff report. He pointed out that one
individ~al was not happy with the short notice for the meeting. He advised
that most of the discussion centered on design review and the elevation of
the homes, which was part of the design review process. He indicated that
the residents would be notified of that hearing. He advised that at both ends
of the tract, there were concerns with the elevation of the street, and hopes
that there would not be a block wall in place of the views. He noted that
wrought iron fencing was suggested to preserve the views.
Dave Evars, 44 Villa Milano, indicated that he had followed the project
for many years, noting it started with Lusk Homes making concessions to
lower some of the lots and agreeing to only single story homes. He noted
that he had a plot map approved about five years ago by the Planning
Commission, but at the time he was not aware of the 15 to 20 foot drop,
specifically at the comer of Villa Roma and Villa Milano, which overlooks
Canyon'Lake. He indicated that he was the person who complained about
the meeting, and noted that the notice was mailed on the 29th for a meeting
on May 3rd. He indicated that he went to the meeting optimistic, as the main
issue was the view fence, the single story homes and some consideration for
Page Sixty-Eight - City Council Minutes - May 11,2004
-
the road; but was told that the plot map was already approved. He
suggested that more notice would have allowed more people to be present
for input. He stressed that this had been going on for quite a few years, and
the Lusk sold to Brehm. He noted his contacts with the City and the
developer and indicated that no one responded. He requested that the issue
be resolved and invited any Councilmember to come to their house to see
the problem.
Ron Hewison, 35 Villa Valtelena, indicated that the Evars were the most
impacted, but Villa Valtelena was also impacted. He commented that he
bought his home with a hill behind them five years ago, but he picked up a
plan with the elevation behind them to be reduced. He indicated that he
worked with the other residents to improve the overall Lusk plan. He
noted that some houses had no house behind them, but his was raised. He
explained that Lusk wanted an easement on their land, which they resisted;
so they were told it could not be done. He noted that Brehm had taken the -
elevation behind them from 1547' down to 1537'. He indicated when they
did not get the easement; they created a plan that did not involve his
property. He noted that Pulte representatives were not present on May 3rd,
but he spoke with them on Friday and most of the answers were design
review issues. He indicated that most of the residents viewed the meeting
as an opportunity to have input on where single family homes would go, but
everyone left the meeting with the hope that single story homes were the
answer. He advised that the Pulte representative had indicated that all three
of their models were two stories. He indicated that this information
completely changed what they had believed for five years. He stressed that
the process had been frustrating, but noted that of 133 lots; only about five
to eight were a problem. He stressed that they did not have a blanket
objection to the project, but believed that single story homes were the
solution, but that solution had been removed. He indicated that they needed
Pulte to try and understand the situation from their perspective. He
requested another short term extension. He stressed that this was the third
builder with whom they had not been able to sit down and talk; and
reiterated that he received new information on Friday. -
Page Sixty-Nine - City Council Minutes - May 11,2004
City Attorney Leibold clarified that the action for the final map is
ministerial, and it was required to be approved if it was in substantial
conformance with the tentative map. She stressed that both the
Govern~ent Code and the City Code required action, and there was no
legal authority to continue the item beyond this evening. She explained
that if it was not in substantial conformance, they would need to deny the
application. She indicated that with regard to one or two stories, that was
part of the design review process. She indicated that there would be ample
opportunity to discuss the matter. She explained that the map spoke to lot
sizes and right-of-way.
Tom Houska, Pulte representative, indicated that this map had been around
for many years and previous owners. He noted that they bought the map a
few months ago, and it had an approved tentative map, approved
infrastructure plans and revised grading plans. He indicated that City staff
had worked to help with plans and they had lowered the plans to be below
the other homes. He stressed that they do not sell products that guaranteed
views, and noted that no builder could promise that. He commented that
they would work to the best of their ability to satisfy the area, and had set
goals to do so. He indicated that they would work with City staff and the
community to make the project the best that it can be, and keep it consistent
with the guidelines. Mayor Buckley questioned the one story houses. Mr.
Houska indicated that they would not have one story houses, and clarified
that the~ were not conditioned by the tentative map for single story homes.
Mayor Buckley commented that it was not a condition, but would be the act
of a good neighbor. Mayor Buckley questioned how many existing houses
would be impacted, noting that the cross section of roadway, showed it
about 30 feet below the people on the other roadway. He stressed that it
was a substantial slope. He noted that the plan was revised and approved a
couple of months ago, and that eliminated the views toward Canyon Lake,
by lowering the road. Mayor Buckley inquired if they could avoid
interference with the existing homes. Mr. Houska indicated that he could
not say it wouldn't impact any views, but noted that Mr. Evar was probably
Page Seventy - City Council Minutes - May 11,2004
-
the most impacted. He noted that one lot had been eliminated to allow for
the tot lot, which was a concession to eliminate a problem.
Councilman Magee indicated that he heard from the applicant that there was
a revised and approved roadway plan. He asked staff if the plan took into
consideration the concerns of Mr. Evars. City Engineer Seumalo indicated
that he met on site, and believed that Mr. Houska indicated that the road
had been the same since he was here. He commented that from an
engineering standpoint, he was not aware of anything that could be done to
correct it. Councilman Magee questioned the revised grading plan, noting
that he heard that they don't intend to produce any single story homes, and
noted that two story homes were in the area of20 to 27 feet high. City
Engineer Seumalo indicated that they used 30 feet as a project number.
Councilman Magee suggested given the sensitivity of the neighborhood it
might be appropriate to request a line of sight analysis, so everyone is clear
on what the views will be, so when it comes to the Planning Commission, -
they will have everything to make that decision. He further suggested
rethinking the building opportunities. City Engineer Seumalo indicated
that Mr. Houska was correct that there was a cross section with elevations.
Councilman Magee suggested the provision of a sight analysis at design
reVIew.
Councilman Schiffner inquired about the comer around the tot lot, with the
vehicle ~eadlight problem, and asked if there was in fact no change from the
very beginning, but it was not noticed. City Engineer Seumalo indicated
that he believed that to be correct. Councilman Schiffner indicated that he
did not know what could be done about it, as nothing would help much. He
indicated that he was very sorry about the situation, but possibly a wall
could be placed to reduce or eliminate the problem. He commented that
with regard to the view, many of the people were told by the sales people
that there would never be a change to the view, but clarified that could not
be enforce. He stressed that the City had worked diligently and held many
meetings to try to resolve the problems. He questioned if there was an
option in the design review to require single story homes. Community -
Page Seventy-One - City Council Minutes - May 11,2004
Development Director Brady indicated that it could be strongly encouraged,
when the design review goes to the Planning Commission. Councilman
Schiffner questioned if it could be mandated. Mr. Brady indicated that he
did not believe so. Councilman Schiffner commented that the Council was
in a box, and could only strongly recommend a single story; and it could not
deny the map if it was in conformance with the tentative map. He noted that
all they could do was hope the Planning Department would make every
effort to eliminate the problem. He indicated that he saw no alternative,
other than to approve the map.
Councilman Magee addressed the single story issue, and commented that
the Planning Commission had the ability to approve, deny or conditionally
approve projects. He further commented that if they are unhappy with the
decision, both parties can appeal to the City Council for action.
Councilman Schiffner commented that if the option was to mandate single
story homes in some locations, he would be willing to do so. City Attorney
Leibold indicated that she would need to look into that ability. Councilman
Schiffner reiterated that if it was an option, he would be in favor of using it.
Councilman Hickman commented that if he remembered correctly,
Councilwoman Brinley made a big deal of all houses being below the pad
level. City Manager Watenpaugh concurred that issue was referenced
earlier, when the carrot was dangled that if they all agreed to easements, the
properties would be lowered. He noted that was a promise by Lusk Homes.
Councilman Hickman asked Mr. Hewison for suggestions on Council's
action. Mr. Hewison indicated in reality they were at 1525', but had gone to
1547', without the easement which would have put it at 1537'. He
indicated that work could be done to encourage single story homes, and
stressed the particular importance of the line of sight. He noted that this
was the only two sided street in the development.
Councilman Hickman commented that he was hearing Pulte say there would
be no changes on the grading issue. Community Development Director
Brady confirmed.
Page Seventy-Two - City Council Minutes - May 11,2004
Mayor Pro Tern Kelley noted that the spokesman was willing to work with
the homeowners in the next step, but right now they were in conformance.
She stressed that there was no alternative but to approve the map. She
commented that this had been a long process with a lot of meetings, but she
was going to support the map and encourage Pulte to work with the
homeowners and staff, as much as possible, and be sensitive to the
problems.
MOVED BY KELLEY, SECONDED BY SCHIFFNER TO APPROVE THE
FINAL MAP SUBJECT TO THE CITY ENGINEER'S ACCEPTANCE;
ACCEPT ALL DEDICATIONS AT THE TIME OF RECORDATION AND
AUTHORIZE RECORDATION.
Councilman Magee requested that staff include comments from this meeting
in any staff report for design review, so they clearly knew where they stood
on this matter. -
THE MOTION WAS AMENDED WITH CONSENT OF THE SECOND TO
REQUIRE THAT THE COMMENTS FROM THIS MEETING BE
INCLUDED IN ANY FUTURE STAFF REPORT FOR DESIGN REVIEW.
Mayor Buckley reiterated that the City does not have a view shed ordinance,
but should have one. He encouraged Pulte Homes to work with the
residents.
THE FOREGOING MOTION AS AMENDED CARRIED BY A VOTE OF 4
TO 0 WITH MAGEE ABSTAINING.
THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 10:01
P.M.
THE REGULAR CITY COUNCIL MEETING RECONVENED AT 10:03
P.M.
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Page Seventy-Three - City Council Minutes - May 11,2004
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES
Jill Wojcik was not present for comment.
Paula Graver, 218 Ellis, read a poem regarding those who served in the Vietnam
War for Jill Wojcik. She then noted the introduction of John Collins at the last
meeting. She addressed the anti-war rallies, and indicated that they were
demoralizing the troops and stressed the need for troop support to continue. She
noted that her son was currently serving in Baghdad and the City's resolution had
been passed around Baghdad and was greatly appreciated. She expressed
disappointment with the treatment of Iraqi prisoners, but stressed the reasons they
were prisoners. She suggested that the humiliation they suffered at the hands of a
few "idiots" was nothing compared to the treatment of Americans. She expressed
anger with the pictures being shown repeatedly, while the United States only saw
images of the tortured Americans a few times. She stressed that one American
was beheaded with five slices to his throat. She suggested that there should be a
different level of understanding of what the troops did. She announced that
Armed Forces Day was this Saturday and encouraged participation in the Support
the Troops rally. She also noted the Safety Expo at the Outlet Center and
indicated she would be there prior to the regular spot. She announced a silent
auction to be held at the Safety Expo.
Edith Stafford, 29700 Hursh, expressed concern with the need for an update on the
safety of the Lake to prevent future drownings, and on the status of an Aquatic
Safety Report. She also expressed concern regarding the Highway 74 projects
planned to be developed. She expressed hopes that there would be strong focused
insight into those projects to prevent the problem happening at Walmart.
CITY MANAGER COMMENTS
City Manager Watenpaugh commented on the following:
1) Expressed thanks to Chief Walsh noting that he was a team player,
who would be greatly missed.
Page Seventy-Four - City Council Minutes - May 11,2004
-
2) Congratulated Chief Fetherolf, and indicated that it was wonderful to
have someone who knows the Police operations and the community.
3) Announced that the Study Session previously scheduled for this
Thursday would not be happening.
4) Announced that the first Public Safety Advisory Commission
Meeting would be held on May 12th at the Cultural Center, for
orientation.
5) Indicated that he needed help from the Council for scheduling of
study sessions. After significant discussion, it was decided that the
following study session would be held:
June th - LESJW A
June 10th - Laing Homes
June 1 th - Husing Report & Economic Development
June 24th - LEAPS
-
Councilman Magee commented that regardless of the date for Laing Homes,
he would want the information well in advance of the meeting, and noted
his frustrations at the last meeting. He indicated that he would want as
much material as early as possible. City Manager Watenpaugh inquired if
he had reviewed the materials provided. Councilman Schiffner noted that
there Wl;lS very little change. City Attorney Leibold confirmed that the only
additional information was modifications to some of the material on traffic
mitigation, which she understood was now available. She indicated that
she could prepare a package.
Mayor Buckley reiterated the meeting dates and requested Council
concurrence. Council agreed to the dates as proposed.
-
Page Seventy:..Five - City Council Minutes - May 11,2004
CITY ATTORNEY COMMENTS
City Attorney Leibold commented that Police Chief Walsh would be greatly
missed.
COMMITTEE REPORTS
No Reports.
CITY COUNCIL COMMENTS
City Treasurer Weber had no comments.
Mayor Pro Tern Kelley congratulated and welcomed Chief Fetherolf, but noted
that Chief Walsh would be missed.
Councilman Hickman commented on the following:
1) Announced that HOPE and the Post Office collected nearly 8,000 lbs.
of food. He thanked the participants.
2) Tp.anked the NAACP for their Scholarship event.
3) Noted the Police & Fire Baseball game
4) Noted that the Butterfly release was an education and he enjoyed the
Garden Tour.
5) Noted that senior citizens may have received letters regarding a rebate
of home taxes or rent, and indicated that the $36 service in that letter
could be received for free from the Senior Center.
Councilman Schiffner had no comments.
Page Seventy-Six - City Council Minutes - May 11,2004
-
Councilman Magee commented on the following:
1) Noted that a letter was sent to the EVMWD General Manager in
March, requesting information on additional water in the Lake and
questioned the status of the agreement. He requested a report. City
Manager Watenpaugh indicated that he spoke with Mr. Young and
his staff was working on a response.
2)
Addressed a business in the industrial center which was said to be
ancillary, noting he had brought the matter to staff on several
occasions and was told that staff was looking into it. He indicated
that the vendor had an outdoor fair in the parking lot, with a jolly
jump, vendors, etc. and he no longer saw it as an ancillary use, but
rather a primary function. He suggested that staff either issue
citations or give a conditional use permit application to bring them
into compliance.
-
3) Indicated that he had been in an around local government for 20 years
and had heard a lot of things and seen a lot of things, but he had never
heard an applicant say that staff took their decision to the decision
makers too quickly. He commented that he had now seen it all.
4) Requested explanation ofCEQA on the infill projects and
exemptions.
5) Noted that the Council had adopted a new set of policies for the
Treasurer; and one of which was an amendment for the City Treasurer
to make comments. He requested that the Comment section be added
to the next agenda.
6)
Addressed Mrs. Stafford's comments and noted that staff was
directed to get an estimate on the Lake Safety Study, so the work
could be done in the new fiscal year budget on June 8th. He inquired
if that process was underway. Lake & Aquatic Resources Director
-
Page Seventy-Seven - City Council Minutes - May 11,2004
Kilroy indicated that staff was looking into a Lake Safety Assessment
and collecting the information so additional funds could be requested.
7) Addressed the Highway 74 projects and indicated that great care
would be given to traffic impacts, and noted that he sat in on a
meeting with Caltrans, and staff was on top of the situation and was
working well with Caltrans.
Mayor Buckley commented on the following:
1) Thanked Chief Walsh for his service and welcomed Chief Fetherolf.
He also thanked them both for being at the neighborhood meeting last
night.
2) Noted that the Mayor's Prayer Breakfast went well, except his joke.
3) Noted that the NAACP presented six scholarships.
4) Indicated that the ABATE Rally was interesting.
5) Noted that the Butterfly Release didn't happen, but it was a nice event
anyway.
6) Noted that a number of people had received letters from John Laing
homes about a week ago. He commented that it was continued to a
date uncertain, following a study session, but the letter did not say
that. He indicated that he was glad no one showed up to discuss the
matter, considering it was not on the agenda and the information had
not been released to the community. He noted that the letter
mentioned $9 million to assist with Railroad Canyon Road.
7) Announced the following upcoming events:
May 14th - Ticket to Ride
May 15th - Women's Club Chili Cook-off
Page Seventy-Eight - City Council Minutes - May 11,2004
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May 15th - Support the Troops Rally for Armed Forces Day
May 22nd - Cruise Night
ADJOURNMENT
THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT
10:32 P.M.
ATTEST:
-
, JL~;
ICKI SAD, c7Jc, CITY CLERK!
HUMAN RESOURCES DIRECTOR
CITY OF LAKE ELSINORE
....