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HomeMy WebLinkAbout05-25-2004 City Council Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MAY 25,2004 ****************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Buckley at 5 :00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY 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, Information/Communications Manager Dennis, Public Works Manager Payne, City Treasurer Weber and Deputy City Clerk Ray. CLOSED SESSION A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - City Clerk. (F:42.1 ) City Attorney Leibold announced the Closed Session Item as listed above, and noted it would not be discussed due to absence of the City Clerk. THE REGULAR CITY COUNCIL MEETING WAS RECESSED at 6:00 P.M. RECONVENE PUBLIC SESSION (7:00 P.M.) Page Two - City Council Minutes - May 25, 2004 - Mayor Buckley reconvened the Regular City Council Meeting in Public Session at 7 :05 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Barbara Dye. INVOCATION - MOMENT OF SILENCE Mayor Buckley led the meeting in a moment of silent reflection. PRESENTATIONS/CEREMONIALS a. Proclamation-National Public Works Week. (F:122.1) - Mayor Buckley presented a Proclamation to Community Development Director Sapp for National Public Works Weeks. Mr. Sapp accepted the award on behalf of Public Works Manager Payne. b. Presentation-Lake Elsinore Valley Soccer Club.(F:56.1) Eden Hasken presented a plaque to the City on behalf of the Lake Elsinore Valley Soccer Club. CLOSED SESSION REPORT City Attorney Leibold commented that the City Council did not meet in Closed Session, so Item A would be postponed and considered at another" meeting. - Page Three - City Council Minutes - May 25, 2004 PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Peter Dawson 18010 Grand Avenue, noted that last month Council had honored LEMSAR for years of service, and recipient Donna Staples was unable to attend the meeting. He indicated during this particular meeting Mrs. Staples was manning the marine radio, and her husband, 82 year old Bill Staples was on the Lake after dark during a wind storm rescuing a boat. Paula Graver, 218 Ellis Street, commented that her computer crashed and asked the community to keep her in mind if anyone had a computer to donate to her. She then read a poem. Jill Wojcik, 32921 Rhinehart, Wildomar, indicated that she was personally given a home phone number for Mayor Buckley and Councilman Hickman. She noted that she wanted to request a proclamation for Retired Lieutenant Colonel Paula Graver for supporting the troops and her involvement in the community. She indicated that she had left several messages and did not receive a return call until May 24, 2004, and today. She quoted Ms. Manners from the Californian newspaper, but indicated that she understood Councilmembers were busy. Barbara Dye, 33127 Dowman, Lakeland Village Neighborhood Association indicated that in February, 2004, the LEAPS Project was on the agenda; and she had requested before Council supported the project that they received more information about the benefits and risk on this project and the impact on Lakeland Village. She inquired if there had been a study session or if there would be a study session regarding this issue. Mayor Buckley noted the study session would be held June 24, 2004 at 5 p.m. at the Cultural Center. Ruth Atkins, 15237 Lake Trail Circle, noted that the Lake Elsinore Historical Society would be hosting a Rummage Sale, June 5th and 6th in the parking lot located at Main Street and Heald Street. She indicated that a member of the Historical Society took two bags of new stuffed bears to the police station to be given to the traumatized children. Page Four - City Council Minutes - May 25, 2004 - Ruth Atkins noted that the Elsinore Valley Arts Network would be holding their awards ceremony, Thursday, May 2ih at 7 p.m. She indicated the recipients were students from the Lake Elsinore Unified School District. CONSENT CALENDAR The following item was pulled from the Consent Calendar for further discussion and consideration: Item No.5. MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: - a. City Council Study Session - April 15, 2004.(F:44.4) b. Joint Study Session - April 27, 2004. c. Regular City Council Meeting - April 27, 2004. d. Joint Study Session - May 11,2004. 2. Ratified Warrant List for May 14,2004. (F:12.3) 3. Adopted Resolution No. 2004-27, Opposition to SB 744 - HCD State Housing Accountability Committee. (F:96.1)(X:36.1) RESOLUTION NO. 2004-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, OPPOSING SENATE BILL 744 (DUNN) WHICH TRANSFERS LOCAL LAND USE AUTHORITY TO THE STATE ALLOWING THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) THE AUTHORITY TO OVERRULE LOCAL DECISIONS. - Page Five - City Council Minutes - May 25, 2004 4. Authorized staff to submit application for Riverside County Transportation Commission Grant Application. (F:84.1) 5. Directed the City Attorney's office to prepare a request to FERC that the City be designated as an intervener in the LEAPS application process. (F: 164.5) PUBLIC HEARINGS 21. Final EIR No. 2004-03 State Clearinghouse No. 2004021018: General Plan Amendment No. 2004-01: Tentative Parcel Map No. 32369: commercial Design Review No. 2003-13: and Conditional Use Permit No(s). 2004-11 and 2004-1 7 through 2004-19 for the Lake Elsinore Market Place (Costco!Lowe's) - Resolution Nos. 2004-28 and 2004-29. (F:58.2)(X:II0.1)(X:83.2) Mayor Buckley opened the public hearing at 7 :25 p.m. Community Development Director Brady commented that the item has been much anticipated by the City. He noted that it was a 454,000 square foot shopping center that would include Costco and Lowe's; and the site was located at the comer of Dexter and Highway 74. He noted that the Costco would be 149,700 square feet and Lowe's would be 133,723 square feet. He indicated that the other building would range in size from 20,000 to 40,000 square feet and smaller shops ranging in size from 2,000 square feet to 11,000 square feet. He explained that the project required a number of street improvements, and there would be a traffic signal installed on Cambern prior to occupancy of any building on the site. He indicated this would ~elp relieve some of the traffic on Dexter. The improvements also included improvement to a retention basin for the flood control channel, widening Dexter and adding a lane to Highway 74 adjacent to the site. Community Development Director Brady indicated that there were minor changes to the Conditions of Approval that were requested by the Applicant and staff had agreed. He noted if Council concurred the changes would be incorporated into the approval. Page Six - City Council Minutes - May 25, 2004 - 1. Condition No. 7 - The word "owner's" needed to be changed to "management" . 2. Condition No.9 - The word "Maintenance" needed to be changed to "Management" . 3. Condition No. 14 - The Applicant was requesting 2 years instead of 1 year. 4. Condition No. 102 - The Applicant was requesting 2 years instead of 1 year. Mr. Brady commented that the developer was required to provide 1,991 parking spaces based on the square footage being proposed and was actually providing 2,185. Mayor Buckley opened the public hearing at 7 :40 p.m. There was one request to address Council. - Vida Boice, 17 Ponte Negra, indicated that she and her husband had attended a Planning Commission meeting for the first time on May 18th and were impressed. She asked for Council to ensure that there were enough parking spaces. Mayor Buckley asked those persons in favor of the project to speak. No one spoke. Mayor Buckley asked those persons in opposition to the project to speak. No one spoke. Mayor Buckley asked those persons wishing to speak at all on the project to speak. No one spoke. - Page Seven - City Council Minutes - May 25, 2004 Mayor Buckley commented that the study session went an extra hour to discuss particular issues with the items listed on the agenda and the majority of the discussion to place during the 4 p.m. study session. Councilman Schiffner commented that the project had been in the process with the Planning Department for a number of months. He noted that Assistant City Manager Best had been working for the past five years convincing the developer to bring this project to Lake Elsinore and complimented her on a job well done. Councilman Magee commented that all his questions were answered by staff during the 4 p.m. study session. He noted it was an excellent site design, and was going to create a beautiful gateway to the City. Peter Clement, Irvine, CA, commented that Costco would be coming to Lake Elsinore. He noted that they had worked on the project for 3 years, and complimented staff and the Costco development team. Mayor Pro Tern Kelley commented that her questions were answered at the 4 p.m. study session. She requested the names of some of the other stores that would be in the Center. Don Howlls, San Diego, commented that he was here on behalf of Diamond Development, and noted that the other names included: Petco, Staples, Applebees, and Wells Fargo Bank. Mayor Pro Tern Kelley complimented Assistant City Manager Best on ajob well done. She indicated that this project would provide sale tax dollars and employment for our residents. Councilman Hickman commented that he was looking forward to seeing the project completed. Mayor Buckley inquired on the size of the parking spaces. Mr. Brady commented that there would be no compact parking spaces. Mayor Buckley Page Eight - City Council Minutes - May 25, 2004 - requested clarification that there would be six lanes on Highway 74. Mr. Brady confirmed. The public hearing was closed at 7:53 p.m. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-28, CERTIFYING THE EIR: RESOLUTION NO. 2004-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT NO. 2004-03. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-29, APPROVING THE GENERAL PLAN AMENDMENT NO. 2004-01: - RESOLUTION NO. 2004-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING THE GENERAL PLAN AMENDMENT NO. 2004-01 MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO APPROVE TENTATIVE PARCEL MAP NO. 32369, BASED ON THE FINDINGS AND SUBJECT TO THE CONDITIONS OF APPROVAL. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE COMMERCIAL DESIGN REVIEW NO. 2003-13 WITH THE INCLUSION OF THE CHANGES AND MODIFICATIONS IN THE CONDITIONS OF APPROVAL. BASED ON THE FINDINGS AND SUBJECT TO THE CONDITIONS OF APPROVAL. - Page Nine - City Council Minutes - May 25, 2004 MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE TO APPROVE CONDITIONAL USE PERMIT(S) 2004-04 THROUGH 2004-11 AND 2004-17 THROUGH 2004-19 BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL, WITH THE INCLUSION OF THE CHANGES AND MODIFICATIONS IN THE CONDITIONS OF APPRO V AL: FINDINGS --TENTATIVE PARCEL MAP 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The parcel map as designed assists in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses (GOAL 1.0, Land Use Element) by encouraging the development of commercial land uses that strengthen the City's economic base and offer a range of enterprises that serve the needs of the residents and visitors. 2. The effects this project 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 City has considered the need for day-to-day shopping, which includes convenience goods, food and personal services, in contrast to the impacts related to the project's implementation and has determined that there are overriding considerations that outweigh the one (1) unavoidable significant impact (air quality). 3. Subject to the attached conditions of approval, the proposed project is not anticipated to result in any significant environmental impact. The project has been adequately conditioned by all applicable departments and agencies and will not therefore result in any significant environmental impacts~ except one (1) unavoidable significant impact (air quality) that Page Ten - City Council Minutes - May 25, 2004 cannot be avoided to which the City recommends adoption of the "Statement of Overriding Considerations ". FINDINGS - DESIGN REVIEW 1. The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the project is located. The proposed Commercial Design Review located within Assessor Parcel Number 377-040-027 complies with the goals and objectives of the General Plan, in that the approval of this Commercial Shopping Center will assist in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses, diversifying Lake Elsinore's economic base. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Commercial Design Review located at Assessor Parcel Number 377-040-027 is appropriate to the site and surrounding developments in that the Shopping Center known as the Lake Elsinore Market Place has been designed in consideration of the size and shape of the property, thereby creating interest and varying vistas as a person moves along the street. Further the project as proposed will complement the quality of existing development and will create a visually pleasing, non- detractive relationship between the proposed and existing projects in that the architectural design, color and materials and site design proposed evidence a concern for quality and originality. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. Pursuant to the California Environmental Quality Act (CEQA), the proposed Commercial Design Review located at Assessor Parcel Number 377-040-027, as reviewed and conditioned by all applicable City Divisions and Departments and Agencies, will generally not have a significant effect on the environment pursuant to attached Conditions of Approval except that - - - Page Eleven - City Council Minutes - May 25, 2004 there is one (1) unavoidable significant impact (air quality) that cannot be avoided, to which the City recommends adoption of the "Statement of Overriding Considerations ". 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Commercial Design Review located at Assessor Parcel Number377-040-027 has been scheduled for consideration and approval of the Planning Commission. FINDINGS - CONDITIONAL USE PERMIT(S) 1. The proposed use, on its own merits and within the context of its setting, is in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located. In order to achieve a well balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses, staff has thoroughly evaluated the land use compatibility, noise, traffic and other environmental hazards related to the proposed Conditional Use Permit(s) for the gasoline dispensing establishment, outdoor display of merchandise, staging area, drive-thru establishments and outdoor dining areas located at Assessor Parcel Number 377-040-027. Accordingly, the proposed land use is in concurrence with the objectives of the General Plan and the purpose of the planning district in which the site is located. 2. The proposed use will not be detrimental to the general health, safety, comfort, or general welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or the City. In accordance with the purposes of the Chapter 17.74 (Conditional Use Permits) of the Lake Elsinore Municipal Code, the City realized that the proposed gasoline dispensing establishment, outdoor displcry of merchandise, staging area, drive-thm establishments and outdoor dining areas located at Assessor Parcel Number 377-040-027 mcry have a potential Page Twelve - City Council Minutes - May 25, 2004 to negativelY impact the we!fare of persons residing or working within the neighborhood or the City. Considering this, staff has substantiated that all applicable City Departments and Agencies have been afforded the opportunity for a thorough review of the use and have incorporated all applicable comments and/ or conditions related to installation and maintenance of landscaping, street dedications, regulations of points of vehicular ingress and egress and control of potential nuisances, so as to eliminate any negative impacts to the general health, safety, comfort, or general we!fare of the surrounding neighborhood or the City. 3. The site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by Title 17 of the LEMC. The proposed gasoline dispensing establishment, outdoor display of merchandise, staging area, drive-thru establishments and outdoor dining areas located at Assessor Parcel Number 377-040-027 has been designed in consideration of the size and shape of the property, thereby strengthening and enhancing the immediate industrial area. Further, the project as proposed, will complement the quality of existing development and will create a visually pleasing, non-detractive relationship between the proposed and existing projects, in that the proposed uses have been reviewed to ensure adequate provision of screening from the public rights- of-way or adjacent properties. 4. The site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use. The proposed gasoline dispensing establishment, outdoor display of merchandise, staging area, drive-thm establishments and outdoor dining areas located at Assessor Parcel Number 377- 040-027 has been reviewed as to its relation to the width and type ofpavement needed to carry the type and quantity of traffic generated, in that the City has adequatelY evaluated the potential impacts associated with the proposed uses prior to its approval and has conditioned the project to be served by roads of adequate capacity and design standards to provide reasonable access by car, truck, transit, and birycle. 5. In approving the subject use located at Assessor Parcel Number 377-040-027 there will be no adverse affect on abutting property or the permitted and normal use thereof. - - - Page Thirteen - City Council Minutes - May 25, 2004 The proposed use has been thoroughlY reviewed and conditioned by all applicable City Departments and outside Agencies, eliminating the potential ftr atry and all adverse effects on the abuttingproperty. 6. Adequate conditions and safeguards pursuant to Section 17.74.50 of the LEMC have been incorporated into the approval of the Conditional Use Permit to insure that the use continues in a manner envisioned by these findings for the term of the use. Pursuant to Section 17.74.050 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed gasoline dispensing establishment, outdoor display of merchandise, staging area, drive-thru establishments and outdoor dining areas located at Assessor Parcel Number 377-040-027 has been scheduledfor consideration and approval of the Planning Commission. GENERAL 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the subject project known as Lake Elsinore Market Place located at 377- 040-027, 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 promprly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promprly notify the Appli.cant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 2. The applicant shall comply with all mitigations at the described milestones contained in the Mitigation Monitoring Plan contained within the Draft Environmental Impact Report (SCH No. 2004021018). TENTATIVE PARCEL MAP NO. 32369 3. The Tentative Parcel Map will expire two (2) years from date of approval unless within that period of time the CC&R's and an appropriate instrument has been filed and recorded 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 and the LEMC. Page Fourteen - City Council Minutes - May 25, 2004 - 4. The Tentative Parcel Map shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. S. Prior to final certificate of occupancy of the Tentative Parcel Map, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 6. Prior to issuance of a grading permit, the applicant shall prepare and record CC&R's against the commercial shopping center requested herein. The CC&R's shall be reviewed and approved by the Community Development Director or Designee and the City Attorney. The CC&R's shall include methods of maintaining common areas, parking and drive aisle areas, landscaped areas including parkways, and methods for common maintenance of all underground, and above ground utility infrastructure improvements necessary to support the complex. In addition, CC&R's shall establish methods to address design improvements. 7. No building in the development shall be sold unless a corporation, association, property owncr's management group or similar entity has been formed with the right to financially assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and duty to maintain, all said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. (Revised pursuant to City Council on May 25, 2004). - 8. Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the covenants, conditions and restrictions for each project. 9. Membership in the Property Maintenance Management Association shall be mandatory for each buyer and successive buyer. (Revised pursuant to City Council on May 25, 2004). 10. Reciprocal covenants, conditions, and restrictions and reciprocal maintenance agreements shall be established, which will cause a merging of all development phases as they are completed and embody one (1) property Maintenance with common area for the total development of the subject project. - Page Fifteen - City Council Minutes - May 25, 2004 11. In the event the association or other legally responsible person(s) fail to maintain said common area in such a manner as to cause same to constitute a public nuisance, said City may, upon proper notice and hearing, institute summary abatement procedures and impose a lien for the costs of such abatement upon said common area, individual units or whole thereof as provided by law. 12. Each building owner shall have full access to commonly owned areas (parking), facilities and utilities. 13. The applicant shall comply with those mitigation measures identified in the Draft EIR (SCH No. 2004021018) Mitigation Monitoring Program prepared for the project requested herein. DESIGN REVIEW FOR COMMERCIAL PROJECT NO. 2003-13 14. The Design Review approval located at Assessor Parcel No. 377-040-027 shall lapse and become void one (1) year two (2) years following the date on which the Design Review became effective, unless prior to the expiration of one year two (2) years, a building permit related to the Design Review is issued and construction commenced and diligently pursued toward completion. The Design Review granted herein shall run with the land for this one (1) two (2) year period and shall continue to be valid upon a change of ownership of the site. (Revised pursuant to City Council on May 25, 2004). 15. Prior to the certificate of occupancy of the first building, the entire site parking lot, entry driveways, perimeter and internal landscaping shall be completed as indicated on the approved plans attached hereto. 16. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 17. 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 Page Sixteen - City Council Minutes - May 25, 2004 - 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. 18. The applicant shall record a "Deed Restriction" with the County Recorder's Office prohibiting any future building in the "No Build Zone" located between Costco and Lowe's. 19. Any alteration or expansion of this Design Review approval shall be reviewed according to the provisions of Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code. 20. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any material covering the roof _ equipment shall match the primary wall color. 21. The applicant shall provide supplementary landscaping in the form of larger trees and shrubs along Cambem Avenue at the rear of Major "E", "F" and "G" to further screen the loading areas from the public right-of- way, pursuant to the approval of the Community Development Director. 22. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building. 23. The applicant shall submit a Sign Program for the approval of the Planning Commission prior to the issuance of the first building permit. 24. All building signage shall comply with the Sign Program submitted to the Planning Division. - Page Seventeen - City Council Minutes - May 25, 2004 25. Applicant shall meet ADA (Americans with Disabilities Act) requirements. 26. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee. 27. No exterior roof ladders shall be permitted. 28. All exterior downspouts shall be concealed or architecturally screened and painted to match the exterior color of the building. 29. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a cash bond in the amount of $1,000.00 to be processed through the Planning Division. 30. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 31. On-site surface drainage shall not cross sidewalks. 32. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 33. All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. PRIOR TO BUILDING/GRADING PERMITS 34. 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. Page Eighteen - City Council Minutes - May 25, 2004 - 35. Three (3) sets of the Final LandscapinglIrrigation 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 systems 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 pursuant to the LEMC and Landscape Design Guidelines. f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. - Page Nineteen - City Council Minutes - May 25, 2004 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. 1. 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. 2. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 3. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 4. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. ENGINEERING 5. Process a General Plan Amendment reducing the street classification of Dexter Avenue to a "Modified" collector north of Central Avenue (SR-74). Page Twenty - City Council Minutes - May 25, 2004 - 6. Dedicate full half-width right-of-way and construct full half-width street improvements consistent with the General Plan Circulation Element for Central (SR-74), Cambem and Dexter Avenue(s). 7. Applicant shall implement traffic mitigation as recommended In the approved traffic study. 8. All building pads shall be constructed to one (1) foot above the 100-year flood elevation. 9. Applicant shall construct a detention basin designed to detain the incremental increase in storm runoff between the unimproved and improved site. Detention shall be designed to comply with Riverside County Flood Control Standards. 10. Applicant shall process a Conditional Letter of Map Revision (CLOMR) and a Letter of Map Revision (LOMR) with FEMA. - 11. The applicant shall obtain an encroachment Permit from CAL TRANS to install improvements on State Highways. 12. Plan concept shall be approved by City Engineer and improvements bonded for by developer prior to final map recordation. 13. Off-Street Parking shall not be allowed on Dexter, Cambem and Central (SR-74) Avenue(s). 14. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC) and be consistent with the City's agreement with the Elsinore Valley Municipal Water District. 15. All street improvements, including traffic signals, shall be installed and functioning prior to certificate of occupancy. - Page Twenty":one - City Council Minutes - May 25, 2004 16. Unless otherwise detailed in the Development Agreement, the applicant shall 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. 17. 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. 18. Construct all public works improvements per approved street plans (LEMC 12.04). Plan concept shall be approved by City Engineer and improvements bonded for by developer prior to final map recordation. 19. Street improvement plans and specifications shall be prepared by a California Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition and City Codes (LEMC 12.04 and 16.34). 20. 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. 21. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 'i'2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 22. The applicant shall install two (2) permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 23. Applicant shall obtain all necessary off-site easements for off-site grading or construction from the adjacent property owners prior to final map approval. Page Twenty-two - City Council Minutes - May 25, 2004 - 24. 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. 25. Provide fire protection facilities as required in writing by the Riverside County Fire Department. 26. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 27. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 28. Applicant shall submit a Bond for a traffic control plan showing all traffic control devices for the project to be approved prior to the issuance of a building permit. All traffic control devices shall be installed prior to final - inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the development. 29. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or disks which are compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. 30. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 31. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still - Page Twenty-three - City Council Minutes - May 25, 2004 be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 32. Provide soils, geology and seismic report including street design recommendations. Provide fmal soils report showing compliance with recommendations. 33. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 34. 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 erosio~ control. All manufactured slopes greater than 30 ft. in height shall be contoured. 35. 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. 36. 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 the 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. 37. 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. 38. On-site drainage facilities located outside of road right-of-way should be contai~ed within drainage easements shown on the final map or recorded as a separate instrument. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions". Page Twenty-four - City Council Minutes - May 25, 2004 - 39. 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. 40. Meet all requirements ofLEMC 15.64 regarding flood hazard regulations. 41. Meet all requirements ofLEMC 15.68 regarding flood plain management. 42. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any additional flooding and/or erosion caused by development of site and diversion of drainage not increase, divert, or change the flow characteristics that would result in an increase in runoff without appropriate mitigation. (Amended at the May 18, 2004 Planning Commission Meeting). 43. All drainage facilities in this site shall be constructed to Riverside County Flood Control District Standards. - 44. Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 45. Ten (10)-year storm runoff shall be contained within the curb and the 100- year storm runoff shall be contained with the street right-of-way. When either of these criteria is exceeded, drainage facilities should be installed. 46. A drainage acceptance letter shall be required from the downstream property owner's in the event historic flows are increased. 47. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 48. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including _ Page Twenty-five - City Council Minutes - May 25, 2004 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. 49. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 50. Applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveways. 51. 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. 52. Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered civil engineer. 53. Local streets shall be designed and constructed in compliance with the approved Traffic Report. 54. 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. Page Twenty-six - City Council Minutes - May 25, 2004 - 55. All parcels shall have direct access to public right-of-way or be provided access consistent with the Tentative Map for ingress and egress to the public right-of-way by separate instrument or through map recordation. 56. The final map shall show the abandonment of dedications of public right- of-way or easements by appropriate certifications on the map. 57. Existing access easements over property must be addressed to the satisfaction of the easement owners prior to final map approval. 58. All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the const~ction must be disposed of at appropriate recycling centers. The applicant should contract with CR&R, Inc., for recycling and storage container services, but the applicant may use the services of another recycling vendor. Another recycling vendor, other than CR&R, Inc., cannot charge the applicant for bin rental or solid waste disposal. If the - applicant is not using CR&R, Inc., for recycling services and the recycling material is either sold or donated to another vendor, the applicant shall supply proof of debris disposal at a recycling center, including verification of tonnage by certified weigh master tickets. 59. 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. ADMINISTRATIVE SERVICES DEPARTMENT 60. The applicant shall annex into the Lighting, Landscape, and Maintenance District No. 1 (LLMD No.1) if the City will maintain street lights and landscape medians. RIVERSIDE COUNTY FIRE DEPARTMENT - Page Twenty-seven - City Council Minutes - May 25, 2004 61. The applicant shall comply with all the conditions referenced in the attached Conditions of Approval from Riverside County Fire Department, dated April 10, 2004 and April 30, 2004. COMMUNITY SERVICES DEPARTMENT 62. Applicant shall pay $0.10 per square foot of all commercial and industrial buildings for park-in-lieu fees. 63. Applicant to maintain all on-site landscaping. 64. Applicant to comply with all City Ordinances regarding construction debris and removal (Chapter 8.16 LEMC). 65. Center median landscape and all on-site landscape to be approved by the City's Landscape Architect. No grass/turf to be planted in the center median. 66. Applicant to comply with all NPDES regulations. CONDITIONAL USE PERMIT(S) 67. The Conditional Use Permit approved herein shall lapse and shall become void one (1) yellr two (2) years following the date on which the use permit became effective, unless prior to the expiration of one JCllr two (2) years a building permit is issued and construction commenced and diligently pursued toward completion on the site. (Revised pursuant to City Council on May 25, 2004). 68. The Conditional Use Permit shall comply with the all applicable requirements of the Lake Elsinore Municipal Code, Title 17 unless modified by approved Conditions of Approval. 69. The Conditional Use Permit granted herein shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of this approval. 70. Prior to final certificate of occupancy of the Conditional Use Permit, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. Page Twenty-eight - City Council Minutes - May 25, 2004 - 71. The hours of operation for the gas station shall be limited to the hours of operation expressed within the Business Plan submitted. 72. The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code which requires noise or sound levels to be below 50 decibels between the hours of 7:00 am to 10:00 pm and below 40 decibels between the hours of 10:00 pm to 7:00 am in nearby residential areas. 73. The use of an outdoor public address system shall not be allowed. 74. Security lighting shall be required. 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. The light fIxture proposed is to match the architecture of the building. A photometric Plan illustrating this condition shall be required subject to the review and approval by the Community Development Director or designee. OUTSIDE AGENCIES 75. The applicant shall comply with all recommendation and requirements identifIed in the attached letter from Riverside Transit Agency dated January 9, 2004. - 22. General Plan Amendment No. 2004-03. Zone change No. 2004-03. Commercial Design Review No. 2004-01 and Mitigated Negative Declaration No. 2004-04 for "Lake Chevrolet" Resolution No. 2004-30 through 31. and Ordinance No. 1120. (F:58.2)(X:83.2)(X:172.1) Mayor Buckley opened the public hearing at 7:56 p.m. Community Development Director Brady gave an overview of the item. He explained the item presented to the Council was a new auto dealership in the City. He noted it was a 9.3 acre site located at Auto Center Drive and Franklin Street. He indicated that the building would contain 6500 square feet of building area including the repair facility along with the showroom; and a portion of the site would be used for employee parking. He noted there was a requirement that a traffic signal be installed at Franklin and Auto Center Drive. The Planning Commission recommended approval to the City Council. - Page Twenty-nine - City Council Minutes - May 25, 2004 Vida Boice, 17 Ponte Negra, commented that when her family first moved to the City they purchased a vehicle from Lake Chevrolet and she thought it was a nice facility. She noted they revisited the dealership a few years later and she did not see the quality of presentation within the building. She noted it was not as upscaled as it once was. She indicated she did not like the bad impression when she entered these facilities such as dirty chairs. She hoped there was a way to encourage these businesses to keep the facilities cleaner. She noted she would like the businesses to uphold a good reputation for the City. Community Development Director Brady indicated that there were two conditions with modification that was discussed at the 4 p.m. study session. Condition No. 43 and No. 45. 1. Condition No. 43 - would be modified to read "Plans must be approved and signed by the City Engineer prior to Certificate of Occupancy. 2. Condition No. 45 - would be modified to read "Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds within 60 days of project approval by the City Council. Mayor Buckley asked those persons in favor of the project to speak. No one spoke. Mayor Buckley asked those persons in opposition to the project to speak. No one spoke. Mayor Buckley asked those persons wishing to speak at all on the project to speak. No one spoke. Councilman Schiffner commented that the Council did not have any authority over the way the business was maintained. He noted that the owner of Lake Chevrolet was in the audience. Page Thirty - City Council Minutes - May 25, 2004 - Councilman Magee acknowledged and thanked Mr. Robert Gregory with Paradise Automotive and Lake Chevrolet for his continued investment in Lake Elsinore. He noted that the new design accommodated the staff and the ability to load and unload vehicles inside the property. Councilman Magee inquired how soon they planned on proceeding to open their doors. Mr. Gregory commented that he hoped to have it open by the first of2005. Joe Boice, commented that Lake Chevrolet treated him nice, but the place needed some cleaning up. He indicated there were some great people working at Lake Chevrolet. He noted that the owner also owned a few dealerships in Temecula and there was a difference in the cleanliness and upkeep in the facilities. Councilman Hickman inquired if there was anything staff could do to expedite the construction. Mr. Gregory commented there were a lot of road blocks in not allowing him to receive a building permit until other things were done. He noted he was going as fast as he could with this process, but it had been a slow _ from the time he started until present. He indicated he appreciated everyone's help in this process; and stressed the fact that he needed to complete this as soon as possible. He commented that he had a six month extension from General Motors that expires in February, 2005. Mayor Pro Tern Kelley, thanked Mr. Gregory for his contributions in the community and noted that this would provide more jobs for the community. Mayor Buckley inquired if there was enough parking on-site so that there was no more parking on the street. Mr. Gregory confirmed. Mayor Buckley closed the public hearing at 8:12 p.m. MOVED BY MAGEE, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-30: - Page Thirty-one - City Council Minutes - May 25, 2004 RESOLUTION NO. 2004-30 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING MITIGATED NEGATIVE DECLARATION 2004-04, WITHIN APN(S) 363-540-010, 011, 012,013,017,018,019,020 AND 024. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-31: RESOLUTION NO. 2004-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AN AMENDMENT TO THE LAKE ELSINORE GENERAL PLAN LAND USE ELEMENT FOR THE SECOND CYCLE OF GENERAL PLAN AMENDMENT NO. 2004-03 AMENDING THE LAND USE DESIGNATION OF THE PARCELS SPECFICALLY DESCRIBED AS APN(S) 363-540-010, 011, 012 AND 013 FROM LOW MEDIUM DENSITY (LMD) RESIDENTIAL TO GENERAL COMMERCIAL (GC). MOVED BY KELLEY, SECONDED BY HICKMAN TO ADOPT ORDINANCE NO. 1120, UPON FIRST READING BY TITLE ONLY: ORDINANCE NO. 1115 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING ZONE CHANGE NO. 2004-03 CHANGING THE ZONING DESIGNATION OF A PARCEL SPECIFICALLY DESCRIBED AS APN(S) 363-540-010, 011, 012 AND 013 FROM R-1 SINGLE FAMILY RESIDENTIAL DISTRICT TO C-2 GENERAL COMMERCIAL DISTRICT UNDER THE ZONING ORDINANCE. Page Thirty-two - City Council Minutes - May 25, 2004 - UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS NONE MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE COMMERCIAL DESIGN REVIEW BASED ON THE FINDINGS, EXHIBITS AND CONDITIONS OF APPROV AL: - GENERAL CONDITIONS 1. The applicant shall defend, indemnify, and hold harmless the City, its officials, officers, employees, and/or agents from any claim, action, or proceeding against the City, its officials, officers, employees, or agents concerning the project attached hereto, which action is brought forward within the time period provided for in California Government Code Section 65009 and Public Resources Code Section 21167. PLANNING DIVISION 2. Approval of the identified project applications will lapse and be void unless building permits are issued within one (1) year. An extension of time, up to one (1) year per extension, may be granted by the Community Development Director prior to the expiration of the initial project approval upon application by the developer one (1) month priot to expiration. 3. All Conditions of approval shall be reproduced on page one of building plans prior to their acceptance by Building Division. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. - Page Thirty-three - City Council Minutes - May 25, 2004 4. 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 with the submitted plans as modified by Conditions of Approval, or the Planning Commission/ City Council through subsequent action. 5. Structures shall be placed on-site as depicted on the site plan and/or as modified by the Community Development Director or designee. 6. The applicant shall comply with the City's Noise Ordinance. Construction activity shall be limited to the hours of 7:00 AM to 7:00 PM, Monday through Friday, and no construction activity shall occur on Saturdays, Sundays or legal holidays. 7. The use of an outdoor public address system shall not be allmvcd be used for emergency purposes onlY. (Amended at the May 4, 2004 Planning Commission Meeting) 8. The applicant shall not allow test driving of vehicles by customers and/or employees through residential areas. All test driving traffic shall be directed to Auto Center Drive, major arterial streets and to the 1-15 freeway. 9. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or designee, prior to issuance of building perrmt. 10. The Planning Division shall approve construction trailers utilized during construction. All construction trailers shall require a $1,000.00 cash bond for each. 11. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 12. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for loading zones. 13. Painted arrows on the asphalt shall be located at all internal drive aisles. Page Thirty-four - City Council Minutes - May 25, 2004 - 14. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any roof mounted central swamp coolers shall also be screened, and screening plan shall be approved by the Community Development Director, prior to issuance of building permit. 15. 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. 16. 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. The light fixture proposed is to match the architecture of the building. 17. All exterior downspouts shall be painted to match the building color. - 18. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Director or designee. 19. All signage proposed for the facility shall be designed in conformance with Uniform Sign Program No. USP 2004-03 and shall be approved by the Community Development Director or designee. 20. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 21. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. . 22. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. Page Thirty-five - City Council Minutes - May 25, 2004 23. Prior to issuance of any grading pennit or building pennits, 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. 24. The ftnallandscaping/irrigation plan is to be 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 Fee will be charged prior to ftnallandscape approval based on the Consultant's fee plus forty percent (40%). 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. f. Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g. The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. Page Thirty-six - City Council Minutes - May 25, 2004 - 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 1. 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. 25. Plant palette shall substantially match the neighboring plant palette featured along Collier Avenue. - 26. The applicant shall comply with all mitigation measures identified in the Mitigation Monitoring Program for Mitigated Negative Declaration No. MND 2004-04. 27. The applicant shall comply with Chapter 17.98 of the Lake Elsinore Municipal Code (LEMC) regarding all temporary use activities. ENGINEERING DIVISION 28. Dedicate right-of-way and construct full half width improvements on Auto Center Drive. Right-of-way dedication and improvements shall be consistent with general plan circulation element for a major roadway. 29. Dedicate right-of-way and construct full half width improvements on Franklin Street. Dedications and improvements shall be consistent with general plan circulation element for a major roadway. - Page Thirty-seven - City Council Minutes - May 25, 2004 30. Dedicate right-of-way and construct full half width plus one twelve-foot (12 ft) lane Avenue 7. Dedication and right-of-way shall be consistent with the City's local street standard. 31. Provide detention and de siltation basin sized to detain the increase in the 100 year storm flow between the developed and undeveloped site condition. 32. The slope on the east side of the project shall be improved with long-term erosion control planting. 33. The outlet drainage pipe on the east slope of the project shall be improved such that the outlet condition slows the discharge to a non-erosive velocity and that the down stream property owner is protected from the 100-year storm flows. The existing outlet restriction shall be removed unless the applicant can demonstrate that the pipe was designed and constructed to accommodate pressure flow. 34. A traffic signal shall be constructed by the project with appropriate credits based on fare share and project frontage. 35. Sight distance for ingress / egress at all driveways shall be unobstructed. 36. Parking shall not be allowed on Auto Center Drive and Franklin Street within 250 feet of the intersection. 37. Provide for on-site unloading of inventory. 38. 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 appro"-vTal issuance of building permit. (Amended at the May 4, 2004 Planning Commission Meeting) 39. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC) and be consistent with the City's agreement with the Elsinore Valley Municipal Water District. Page Thirty-eight - City Council Minutes - May 25, 2004 - 40. All street improvements, including traffic signals, shall be installed and functioning shall be installed prior to certificate of occupancy. (Amended at the May 4, 2004 Planning Commission Meeting) 41. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26), mitigation fees, area drainage fee, traffic impact fee (TIP), encroachment permit fees and inspection fees associated with the project and its development. 42. 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 appro"'yTal issuance of building permit. (Amended at the May 4, 2004 Planning Commission Meeting) 43. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to flflftl map approval issuance of certificate of occupanry buildingpermit (LEMC 16.34). (Amended at the May 4, 2004 Planning Commission Meeting) (Amended at the May 25, 2004 City Council Meeting) - 44. Street improvement plans and specifications shall be prepared by a California Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 45. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds within 60 dqys of City Council approval prior to final map approTyTal issuance of building permit. (Amended at the May 4, 2004 Planning Commission Meeting) (Amended at the May 25, 2004 City Council Meeting) 46. 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 public works improvements will be scheduled and approved. - Page Thirty-nine - City Council Minutes - May 25, 2004 47. The applicant shall install permanent survey monuments in compliance with the City's municipal code. 48. Applicant shall obtain all necessary off-site easements for off-site grading or construction from the adjacent property owners prior to final map approTv~al issuance of building permit. (Amended at the May 4, 2004 Planning Commission Meeting) 49. 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. 50. Provide f1J:e protection facilities as required in writing by the Riverside County Fire Department. 51. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 52. Applicant shall install blue reflective pavement markers in the street at all f1J:e hydrant locations. 53. Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to final map approval. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the development. 54. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or disks which are compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. 55. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. Page Forty - City Council Minutes - May 25, 2004 - 56. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 57. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 58. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 59. 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 30 ft. in height shall be contoured. - 60. 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. 61. 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. 62. 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. - Page Forty-one - City Council Minutes - May 25, 2004 63. On-site drainage facilities located outside of road right-of-way should shallbe contained within drainage easements. shown on the final map. ./'.... note should be added to the final map stating: "Drainage casements shall be kept free of buildings and obstructions". If applicable, a drainage easement shall be recorded with Riverside County Recorders Office. (Amended at the May 4, 2004 Planning Commission Meeting) 64. 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. 65. Meet all requirements ofLEMC 15.64 regarding flood hazard regulations. 66. Meet all requirements ofLEMC 15.68 regarding flood plain management. 67. 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. 68. All drainage facilities in this site shall be constructed to Riverside County Flood Control District Standards. 69. Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 70. 10-year storm runoff should be contained within the curb and the 100-year storm runoff should be contained with the street right-of-way. When either of these criteria is exceeded, drainage facilities should be installed. 71. A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed stormwater run-off on private property. 72. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. Page Forty-two - City Council Minutes - May 25, 2004 - 73. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their stormwater pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 74. Education guidelines and Best Management Practices (BMP) shall be provided to rcsidcnt3 employees of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. (Amended at the May 4, 2004 Planning Commission Meeting) 75. Applicant shall provide flrst flush BMP's using the best available technology that will reduce stormwater pollutants from parking areas and driveways. - 76. 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. 77. Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verifled by a registered civil engineer. 78. Local streets shall have sixty (60) ft. right-of-way with forth (40) ft. curb-to- curb. Restricted local streets (cul-de-sacs) shall have fifty (50) feet right-of-way with thirty-six (36) ft. curb-to-curb and a three (3) ft. utility easement on each side. 79. 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. - Page Forty-three - City Council Minutes - May 25, 2004 80. All parcels shall have direct access to public right-of-way or be provided with a minimum 30 ft ingress and egress easement to public right-of-way by separate instrument or through map recordation. 81. The final map shall show thc abandonment of dedications of public right ot way or casements by appropriate certifications on the map. (Amended at the May 4, 2004 Planning Commission Meeting) 82. Existing access easements over property must be addressed to the satisfaction of the easement owners prior to final map approval issuance of buildingpermit. (Amended at the May 4, 2004 Planning Commission Meeting) 83. All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the construction must be disposed of at appropriate recycling centers. The applicant should contract with CR&R, Inc., for recycling and storage container services, but the applicant may use the services of another recycling vendor. Another recycling vendor, other than CR&R, Inc., cannot charge the applicant for bin rental or solid waste disposal. If the applicant is not using CR&R, Inc., for recycling services and the recycling material is either sold or donated to another vendor, the applicant shall supply proof of debris disposal at a recycling center, including verification of tonnage by certified weigh master tickets. 84. 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. 23. Mitigated Negative Declaration No. 2004-03: Specific Plan Amendment No. 93-3 (Amendment #7): General Plan Amendment No. 2004-04: Zone Change No. 2004-05. Industrial Design Review No. 2004-01: and Conditional Use Permit No; 2004-02 for "Quality Foam Packaging. Inc." Resolution Nos. 2004- 32 and 33. and Ordinance Nos. 1121 and 1122. Page Forty-four - City Council Minutes - May 25, 2004 - Mayor Buckley opened the public hearing at 8: 15 p.m. Community Development Director Brady gave an overview of the project. He indicated the site was over 5 ~ acres and was located on Corydon Road near Mission Trail.. He noted that the building would be 70,000 square feet. He also noted that the design would be compatible to the existing development. He advised there would be some offsite improvements including the widening of Corydon. Mayor Buckley asked those persons in favor of the project to speak. No one spoke. Mayor Buckley asked those persons in opposition to the project to speak. No one spoke. Mayor Buckley asked those persons wishing to speak at all on the project to speak. No one spoke. - Councilman Hickman inquired about the fencing. Community Development Brady noted that the standard requirement was a six foot fence. Councilman Magee commented that Alesco Development had built beautiful products on Corydon Road and this was a continuation of that product style. He commented that he did not want the outside storage to become overwhelming or predominate in any way on the site. Mayor Pro Tern Kelley commented that the project looked great. Mayor Buckley closed the public hearing at 8:22 p.m. MOVED BY MAGEE, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-32: - Page Forty-five - City Council Minutes - May 25, 2004 RESOLUTION NO. 2004-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2004-03 FOR THE PROJECT KNOWN AS SPECIFIC PLAN AMENDMENT NO. 93-3, AMENDMENT NO.7; GENERAL PLAN AMENDMENT NO. 2004-04; ZONE CHANGE NO. 2004-05; INDUSTRIAL DESIGN REVIEW NO. 2004-01; AND CONDITIONAL USE PERMIT NO. 2004-02, LOCATED AT ASSESSOR PARCEL NUMBER 373-050-013. MOVED BY KELLEY, SECONDED BY HICKMAN TO ADOPT ORDINANCE NO. 1121, UPON FIRST READING BY TITLE ONLY: ORDINANCE NO. 1121 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING SPECIFIC PLAN NO. 93-3, AMENDMENT NO.7, AN AMENDMENT FOR THE REMOVAL OF PARCELS WITHIN APPROVED LIBERTY SPECIFIC PLAN SPECIFICALLY DESCRIBED AS APN 370-050- 013. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS NONE Page Forty-six - City Council Minutes - May 25, 2004 - MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-33: RESOLUTION NO. 2004-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AN AMENDMENT TO THE LAKE ELSINORE GENERAL PLAN LAND USE ELEMENT FOR THE SECOND CYCLE OF THE CALENDAR YEAR 2004 FOR THE APPROVAL OF GENERAL PLAN AMENDMENT NO. 2004-04 AMENDING THE LAND USE DESIGNATION OF THE PARCEL SPECIFICALLY DESCRIBED AS APN 370-050-013 FROM THE EAST LAKE SPECIFIC PLAN/GENERAL COMMERCIAL TO LIMITED INDUSTRIAL. MOVED BY SCHIFFNER, SECONDED BY HICKMAN TO ADOPT ORDINANCE NO. 1122, UPON FIRST READING BY TITLE ONLY: - ORDINANCE NO. 1122 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING ZONE CHANGE NO. 2004-04 CHANGING THE ZONING DESIGNATION OF THE PARCEL SPECIFICALLY DESCRIBED AS APN 370-050-013 FROM EAST LAKE SPECIFIC PLAN GENERAL COMMERCIAL TO M-l LIMITED MANUFACTURING DISTRICT UNDER THE ZONING ORDINANCE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE - Page Forty-seven - City Council Minutes - May 25, 2004 ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS NONE MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE DESIGN REVIEW, BASED ON THE FINDINGS, EXHIBITS AND CONDITIONS OF APPROVAL: GENERAL CONDITIONS 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Tentative Condominium Map, 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 prompdy notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to prompdy notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 2. The applicant shall comply with all mitigations at the described milestones contained in the Mitigation Monitoring Plan contained within the Mitigated Negative Declaration No. 2004-03. INDUSTRIAL DESIGN REVIEW 3. The Industrial Design Review approval contained herein shall lapse and become void one (1) year following the date on which the Design Review became effective, unless prior to the expiration of one year, a building permit related to the "Design Review" is issued and construction commenced and diligendy pursued toward completion. Notwithstanding conditions to the contrary, a "Design Review" granted pursuant to Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code shall run with the land for this one (1) year period and shall continue to be valid upon a change of ownership of the site which was the subject of the "Design Review" application. 4. Any alteration or expansion of a project for which there has been a "Design Review" approval as well as all applications for modification or other change in the conditions of approval of a "Design Review" shall be reviewed according to the provisions of Chapter 17.82 in a similar manner as a new application. Page Forty-eight - City Council Minutes - May 25, 2004 - S. No structure which has received a "Design Review" or "Minor Design Review" approval shall be occupied or used in any manner or receive a Certificate of Occupancy until the Director of Community Development has determined that all Conditions of Approval have been complied with. 6. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 7. 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. 8. Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. - 9. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any material covering the roof equipment shall match the primary wall color. 10. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building. 11. All loading zones shall be clearly marked with yellow striping. 12. Applicant shall meet ADA (Americans with Disabilities Act) requirements. - Page Forty-nine - City Council Minutes - May 25, 2004 13. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee. 14. No exterior roof ladders shall be permitted. 15. All exterior downspouts shall be concealed within the building. 16. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a cash bond processed through the Planning Division. 17. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 18. On-site surface drainage shall not cross sidewalks. 19. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 20. All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. PRIOR TO BUILDING/GRADING PERMITS 21. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 22. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will Page Fifty - City Council Minutes - May 25, 2004 - 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. f. Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g. The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h. All landscape improvements shall be bonded 100% for material and labor for two years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance by the Landscape Consultant and Community Development Director or Designee. - Page Fifty-one - City Council Minutes - May 25, 2004 1. 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. 1. 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. 2. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 3. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 4. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. ENGINEERING 5. 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. 6. Dedicate ,a 20' wide strip of additional street right-of-way along the frontage of Corydon Street to the City (for a total street right of way of 50' measured from center line) prior to issuance of building permit. 7. 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. Page Fifty-two - City Council Minutes - May 25, 2004 - 8. Pay all Capital Improvement and Plan Check fees (LEMC 16.34). The traffic mitigation fee is $49,003.50 ($0.70/SF x 70,005 square feet) and the TUMF amount is $0.48 per square foot of total building area if building permit is issued after July 1, 2004, after July 1, 2005 the amount will be $.96 per square foot, and after July 1, 2006 it will be $1.45 per square foot. 9. 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. 10. Construct all public works improvements per approved street plans (LEMC Title 12) prior to issuance of occupancy permit. Plans must be approved and signed by the City Engineer prior to issuance of occupancy permit (LEMC 16.34). 11. Developer to construct street improvements from centerline of the Corydon Street to the right of way line at 50 feet from the centerline, as approved by the City of Lake Elsinore. - 12. Provide soils, geology and seismic report including street structural section design recommendations. Provide final soils reports showing compliance with the recommendations during construction. 13. 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). 14. The developer shall pay in-lieu fee for one-half (1/2) construction of a landscaped fourteen foot (14') wide raised median, based on engineer's estimate and approved by the City Engineer. 15. The developer shall furnish a signing and striping plan for Corydon Street, subject to the approval of the City Traffic Engineer. The developer shall provide a stripped left turn pocket for the most westerly driveway. Page Fifty-three - City Council Minutes - May 25, 2004 16. The most easterly driveway on Corydon Street will be right-turn-in and right- turn-out only, with a raised median at entrance to the driveway prohibiting in or out left turns. 17. Work done under an encroachment permit for off-site improvements shall be delineated on the street improvement plans and approved and signed by the City Engineer prior to certificate of occupancy. 18. Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off-site public works improvements (LEMC12.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 19. The driveway aisles should be designed so that at least 40 ft. is available between the street curb and the first parking stall in order to provide adequate on-site storage for entering vehicles. 20. 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. 21. The applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to grading permit issuance. 22. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading. plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 23. Applicant to provide erosion control measures as part of their grading plan. The applicant shall contribute to the protection of storm water quality and Page Fifty-four - City Council Minutes - May 25, 2004 - shall meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 24. 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. 25. Provide fire protection facilities as required in writing by Riverside County Fire. 26. Provide street lighting, show lighting improvements on street improvement plans, as required by the City Engineer. 27. On-site drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. The drainage is being concentrated and erosion must be mitigated. - 28. 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. 29. Roofs should drain to a landscaped area whenever feasible. 30. Meet all requirements of LEMC 15.68 regarding floodplain management. The building's finish floor elevation must be at or above 1267 feet. No fill can be imported into the flood plain. 31. The applicant to provide FEMA elevation certificates prior to certificate of occupancy. 32. Site development along the lake perimeter will require special grading and flood proofing requirements (LEMC, Title 15). 33. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to issuance of building permits. Developer shall mitigate any - Page Fifty-five - City Council Minutes - May 25, 2004 flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. 34. All drainage facilities on this site shall be constructed to Riverside County Flood Control District Standards. 35. In the event that the project is located in a FEMA mapped flood area, waters from the 100 year storm shall be allowed to pass unrestricted. 36. The applicant shall process a LOMR-F, in the event onsite fill is located within the FEMA mapped flood area. 37. The developer 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 grading plans shall not be approved without the WDID identification number. 38. The developer 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. 39. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 40. The developer shall provide BMP's that will reduce storm water pollutants from parking areas and driveway aisles. Page Fifty-six - City Council Minutes - May 25, 2004 - 41. 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. COMMUNITY SERVICES DEPARTMENT 42. The applicant shall pay all park fees at $.10 per square foot. 43. The applicant shall comply with all City recycling construction and debris ordinances. 44. The applicant shall comply with all regulations pertaining to the National Pollution Discharge Elimination System (NPDES). RIVERSIDE COUNTY FIRE DEPARTMENT - 45. The applicant shall comply with all the Fire Department Conditions of Approval~ CONDITIONAL USE PERMIT 46. The Conditional Use Permit contained herein shall lapse and shall become void one (1) year following the date on which the use permit became effective,. unless prior to the expiration of one year, a building permit is issued and construction commenced and diligently pursued toward completion on the site which was the subject of the use permit application. 47. The decision of the Commission shall be final ten (10) days from the date of the decision unless an appeal has been filed with the City Council pursuant to the provisions of Chapter 17.80 of the LEMC. 48. An application for modification, expansion or other change in a Conditional Use Permit shall be reviewed according to the provisions of Chapter 17.74 - Page Fifty-seven - City Council Minutes - May 25, 2004 (Conditional Use Permits) of the LEMC In a similar manner as a new application. 49. Upon violation of any applicable prOVISIon of the LEMC, or, if granted subject to conditions, upon failure to comply with conditions, the Conditional Use Permit shall be suspended as follows: The Planning Commission shall notifY, in writing, the holder of the Conditional Use Permit of its intention to hold a hearing to consider revocation of the Use Permit. Said notice shall be made at least ten (J 0) days prior to the actual date of the hearing. At the hearing the Commission shall consider evidence from all interested parties and after deliberation if not satisfied that the regulations, general provisions, or condition is being complied with, may revoke the Conditional Use Permit or take such action as may be necessary to ensure compliance with, the regulations, general provisions or condition. Within five (5) days following the date of a decision of the Commission revoking a Use Permit, the secretary shall transmit to the applicant and City Council written notice of the decision. The decision shall become final fifteen (J 5) days following the date on which the use permit was revoked unless an appeal has been filed. 50. Notwithstanding conditions to the contrary, the Conditional Use Permit granted herein shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the Conditional Use Permit application. 51. The hours of operation for the use shall be limited to the hours of operation expressed within the Business Plan submitted (Exhibit G) 52. The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code which requires noise or sound levels to be below 50 decibels between the hours of 7:00 am to 10:00 pm and below 40 decibels between the hours of 10:00 pm to 7:00 am in nearby residential areas. Page Fifty-eight - City Council Minutes - May 25, 2004 - 53. The outdoor storage area is permitted only in conjunction with and as an integral aspect of a permitted use and shall not be the primary use of the property. 54. No materials shall be stored higher than the screen. 55. The storage areas proposed shall not encroach upon parking, landscaping, drive aisles, required truck loading areas or required yard areas. 56. No storage of scrap, waste or other material not utilized in the production process is permitted. 57. No storage area shall be located within fifty feet (50') of a property upon which there is a residential use. 24. Proposed Ramsgate Drive Name Change to Rosetta Canyon Drive-Resolution No. 2004-34. - Mayor Buckley opened the public hearing at 8:24 p.m. City Manager Watenpaugh gave an overview of the item and deferred to Community Development Director Brady. Community Development Director Brady noted there was no problem with the name change. Chris Holmquist, CENTEX Homes, commented that the Ramsgate Specific Plan was an old plan and their marketing department decided to change it to a new marketing name of Rosetta Canyon. He requested Council approved the name change. Mayor Buckley asked those persons in favor of the request to speak. No one spoke. - Page Fifty-nine - City Council Minutes - May 25, 2004 Mayor Buckley asked those persons in opposition to the request to speak. No one spoke. Mayor Bl.;1ckley asked those persons wishing to speak at all on the request to speak. No one spoke. Mayor Buckley closed the public hearing at 8:26 p.m. Councilman Magee noted that the applicant verbally requested the name change to Rosetta Canyon Road; and the application before Council stated Rosetta Canyon Drive. Mr. Holmquist confirmed the application was correct the change was Rosetta Canyon Drive. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION No. 2004-34: RESOLUTION NO. 2004-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CHANGING THE STREET NAME OF RAMSGATE DRIVE FROM THE INTERSECTION OF HIGHWAY 74 TO ROSETTA CANYON DRIVE. 25. Public Hearing-Resolution Determining the Validity of Prior Proceedings relating to Annexation of Property into City of Lake Elsinore Community Facilities District No. 2003-1. (F:22.3) Mayor Buckley opened the public hearing at 8:27 p.m. Administrative Services Director Pressey gave an overview of the item. He noted City Center Townhomes Phase II will add 60 units and generate about $9,000 annually; and Viscaya will add 170 single family units and 126 multi- family apartments and generate about $69,900 annually. Page Sixty - City Council Minutes - May 25, 2004 - Mayor Buckley asked those persons in favor of this item to speak. No one spoke. Mayor Buckley asked those persons in opposition to this item to speak. No one spoke. Mayor Buckley asked those persons wishing to speak at all on this item to speak. No one spoke. Mayor Buckley closed the public hearing at 8:29 p.m. MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-35: RESOLUTION NO. 2004-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE - ELSINORE DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS RELATING TO ANNEXATION OF PROPERTY INTO CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION No. 2004-36: RESOLUTION NO. 2004-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING ON BEHALF OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) CALLING A SPECIAL ELECTION - Page Sixty-one - City Council Minutes - May 25, 2004 MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION No. 2004-37: RESOLUTION NO. 2004-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING ON BEHALF OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) CANVASSING THE RESULTS OF THE ELECTION HELD WITHIN ANNEXATION AREA NO.7 (CITY CENTER TOWNHOMES PHASE II) AND ANNEXATION AREA NO.8 (VISCAYA) ANNEXED TO SAID DISTRICT THE MEETING WAS RECESSED AT 8:32 P.M. THE MEETING RECONVENED AT 8:45 P.M. Mayor Buckley asked Deputy City Clerk Ray to read the results of the election. Deputy City Clerk Ray stated according to the results 100% of the property owners were in support. MOVED BY MAGEE, SECONDED BY HICKMAN TO ADOPT ORDINANCE NO. 1123, UPON FIRST READING BY TITLE ONLY: ORDINANCE NO. 1123 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO.7 NO. 8(VISCAYA) ANNEXED TO SAID DISTRICT Page Sixty-two - City Council Minutes - May 25, 2004 - UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS BUSINESS ITEMS HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NONE NONE NONE 31. Second Reading-Ordinance 1119 - Levy of Special Tax in CFD 2004-1 (City Center Townhomes. (F:22.3) MOVED BY KELLEY, SECONDED BY MAGEE TO ADOPT ORDINANCE NO. 1119, UPON SECOND READING BY TITLE ONLY: - ORDINANCE NO. 1119 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AUTHORIZING THE LEVY OF A SPECIAL TAX. UPON THE FOLLOWING ROLL CALL VOTE: A YES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NONE NONE NONE - Page Sixty-three - City Council Minutes - May 25, 2004 32. License Agreement for Ingress and Egress from Cultural Center. (F:68.1 )(X:48.1) City Manager Watenpaugh gave an overview of the item. He noted the reason for the access was to provide a second emergency access to the basement of the Cultural Center to accommodate the Historical Society. He also noted that was not required to meet handicapped requirements. MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE LICENSE WITH MINOR MODIFICATIONS AS APPROVED BY THE CITY ATTORNEY & AUTHORIZED THE MAYOR TO EXECUTE THE LICENSE. 33. Appointment of Electoral Reform Committee Chairman (F:59.8) Mayor Buckley gave an overview of the item and note that his original appointee was moving out of the City. He indicated that he would be appointing Ruth Atkins as the Chairwoman. 34. Formation of Sub-Committee for Planning Commission Appointments. (F:60.2)(X:44.1 ) Mayor Buckley indicated that there were 3 terms ending June, 2004, for the Planning Commission; and six individuals had applied for those seats. He noted the screening process had been done a number of different ways in the past. He commented it was suggested at the 4 p.m. study session that a sub- committee of two Councilmember's conduct interviews with the applicants; and bring back recommendations to the Council. Councilman Schiffner recommended that Mayor Pro Tern Kelley and Councilman Magee be appointed as a committee to conduct the interviews and bring back a recommendation to the Council. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO APPOINT MAYOR PRO TEM KELLEY AND COUNCILMAN MAGEE AS THE SUB-COMMITTEE. Page Sixty-four - City Council Minutes - May 25, 2004 - ITEM PULLED FROM THE CONSENT CALENDAR 5. Request for Intervenor Status before the Federal Energy Regulatory Commission regarding the Lake Elsinore Advanced Pumped Storage Proiect (F:164.5) . City Attorney Leibold gave an overview of the item. She noted that the item before Council was a request for intervenor status. She noted it did not imply any particular position on the project. Peter Dawson, expressed hopes that Council would listen to Legal Counsel and protect all the City's legal rights. He noted that he suspected this project would go through; and there were many alternatives that could improve conditions for the City and Lakeland Village; but not necessarily a benefit for EVMWD. He noted that barring the electrical system would be a benefit to protecting the hang gliding community and fire protection. He indicated that the Water District would not want to increase their costs. He expressed his concerns with - securing water from legal capturing in case of a major drought. City Attorney Leibold reiterated that the City had not taken a position to support or oppose the project. She explained that the City had filed a letter requesting some additional scientific studies and had directed the City Attorney's Office to remain informed on the project and to advise to the City Council on a regular basis. Councilman Schiffner suggested providing Mr. Dawson with a copy of the letter the City Attorney sent to FERC. City Attorney Leibold agreed and suggested a copy for Barbara Dye as well. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE PREPARATION OF A REQUEST TO FERC THAT THE CITY BE DESIGNATED AS AN INTERVENOR IN THE LEAPS APPLICATION PROCESS. - Page Sixty-five - City Council Minutes - May 25, 2004 PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Edith Stafford, 29700 Hursh, Lake Elsinore commented that she would be opposed to approving a budget that continued to carry a deficit. She indicated that she did not understand why a City using public funds would attempt to entertain the idea of carrying a deficit. She noted that only in a case of emergency a deficit might be considered. She commented that she would support the idea of not having a deficit. She noted that the budget needed to be balanced. She further commented that law enforcement seemed to think they could spend the money any way they chose. She indicated that she was appointing herself a "watch dog" of the City's finance. CITY MANAGER COMMENTS City Manager .Watenpaugh complimented the Council on approving the items listed on the agenda. CITY ATTORNEY COMMENTS No comments. CITY TREASURER COMMENTS City Treasurer Weber inquired about the Professional Services Agreement with HDL Companies under the RDA agenda. Councilman Hickman explained it would be discussed at the next RDA Committee meeting. COUNCILMEMBER COMMENTS Mayor Pro Tern Kelley commented on the Summer Concert Series; and notyed that donations were being accepted by the Elsinore Valley Arts Network. Page Sixty-six - City Council Minutes - May 25, 2004 - Councilman Magee commented on the projects that Council had approved on the agenda. He noted those projects would bring potentially more than $2 million in sales tax revenue each year. He complimented City staff on the maintenance of City owned property around the lake. He requested an update on the Corydon Road improvements, and noted there had been no action since April 18, 2004. He commented that he was thrilled when the Mayor elected Mr. David Walsh to the Electoral Reform Committee; and noted that his participation in the democratic process would be missed. Councilman Hickman commented that he attended the Elks Club scholarship awards. He noted they gave out close to $17,000 to Elsinore students. Councilman Schiffner commented that the projects Council approved on the agenda would be a great improvement to the City. Mayor Buckley listed all the business that were approved on the agenda and commented that they would bring jobs and income to the City. He noted that he - did return Mrs. Wojcik's phone call. ADJOURNMENT MOVED BY ;KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9:00 P.M. ------- THOMASBU EY,MAYOR CITY OF L E ELSINORE - Page Sixty-seven - City Council Minutes - May 25, 2004 Respectfully submitted, ,L~,,~I Frederick Ray, Deputy City Clerk ATEST: ~ 9) ,\.\ . r j; L \..JVL~- l,O-l.:vO--".. (.,. VICKI KASAD, CITY CLERK! HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE