HomeMy WebLinkAbout08-10-2004 City Council MinutesMINUTES
REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, AUGUST 10, 2004
CALL TO ORDER
The Regular City Council Meeting was called to order by Mayor Buckley at 5:25
p.m.
ROLL CALL
PRESENT: COUNCILMEMBERS: HICKMAN, MAGEE,
SCHIFFNER, BUCKLEY
ABSENT: COUNCILMEMBERS: KELLEY
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, Police Chief Fetherolf,
information/Communications Manager Dennis, Public Works Manager
Payne, City Treasurer Weber and City Clerk/Human Resources Director
Kasad.
CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED
LITIGATION Significant exposure to litigation pursuant to subdivision
(b)(3)(C) of Gov't Code Section 54956.9. (1 case). (F:40.1)(X:52.1)
City Attorney Leibold announced the Closed Session discussion item as listed
above.
Page Two -City Council Minutes -August 10, 2004
THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 5:26
P.M.
THE CLOSED SESSION DISCUSSION WAS COMPLETED AT 6:50 P.M.
RECONVENE IN PUBLIC SESSION (7:00 P.M.)
Mayor Buckley reconvened the Regular City Council Meeting in Public Session at
7:07 p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Carmella Loelkes.
INVOCATION -MOMENT OF SILENCE
Mayor Buckley led the meeting in a moment of silent prayer for David Gonzalez.
ROLL CALL
PRESENT: COUNCILMEMBERS: HICKMAN, MAGEE,
SCHIFFNER, BUCKLEY
ABSENT: COUNCILMEMBERS: KELLEY
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, Fire Chief
Gallegos, Police Chief Fetherolf, Information/Communications Manager
Dennis, City Treasurer Weber and City CIerWHuman Resources Director
Kasad.
PRESENTATIONS/CEREMONIALS
Page Three -City Council Minutes -August 10, 2004
None.
PUBLIC COMMENTS -NON-AGENDIZED ITEMS -1 MINUTE
David Cooper, 32900 Riverside Drive, questioned the moment of silent prayer.
He indicated that he had been talking with the Pacific Institute in Sacramento, and
they had assured him that a moment of silent prayer would cause no problems
-from the ACLU. He recommended continuing with the practice of silent prayer,
and offered a prayer for good stewardship of the citizens' money.
Ron LaPere, 16867 Wells Street, noted his comments at the last meeting regarding
weed abatement. He noted that he had toured the community and commended
staff on a great job of tree trimming, particularly the palm trees.
Paula Graver, 218 Ellis Street, indicated that she was the community's next
homeless person. She explained that she had been evicted because she had helped
the other tenants deal with the landlord. She advised that she went to court and
Judge's opinion was that they were all liars. She commented that she did not like
having to move, and noted that they were very few low income houses in the
community. She noted that being evicted, made finding a new house even more
difficult. She indicated that by the end of the month she would be living in her
car.
Frank Estrada, 31036 Nebraska, made a plea to the Council for assistance with a
huge bunch of bees or mosquitoes in front of his home. Mayor Buckley indicated
that the Northwest Board would be able to assist with this problem. Mr. Estrada
stressed the size of the swarm. Mayor Buckley noted the types of bees in the area.
City Manager Watenpaugh indicated that he would be happy to go by and address
the situation tomorrow.
PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES
No Comments.
Page Four -City Couucil Minutes -August 10, 2004
CONSENT CALENDAR
MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE
CONSENT CALENDAR AS PRESENTED, WITH THE MINUTES OF
JUNE 17, 2004, AS AMENDED PER EARLIER DISCUSSIONS.
1. The following Minutes were approved:
a. City Council Study Session -June 10, 2004. (F:44.4)
b. City Council Study Session -June 17, 2004.
c. Joint Study Session -June 22, 2004.
d. Special City Council Meeting- June 29, 2004.
e. Regular City Council Meeting -July 13, 2004.
The following Minutes were received and ordered filed:
f. Planning Commission Minutes -July 6, 2004. (F:60.3)
2. Ratified Warrant List for July 29, 2004. (F:12.3)
3. Approved Contract with Bid America for Digital Imaging Services.
(F:68.1)(X:65.1)
4. Approved Supplemental Agreements for the 2004-05 Community
Development Block Grant Program. (F:68.1)(X:84.2)
PUBLIC HEARINGS
21. Tentative Parcel Man No. 32336 & Tentative Tract Man NO. 32337 - K.
Hovnanian Forecast Homes. (F:160.2)
Mayor Buckley opened the public hearing at 7:18 p.m.
Page Five -City Council Minutes -August 10, 2004
Community Development Director Brady highlighted this project as one in a
series of maps. He explained that it was a tentative parcel map for financial
sale purposes. He noted an earlier discussion on the conditions of approval
regarding the requirement for a Public Safety CFD, and the work hours on
Saturday. He indicated that the applicant was in agreement with all of the
conditions, and detailed the parcel map area and tract map area on the
diagrams. He offered to answer any questions.
Steven Ford, representing K. Hovnanian/Forecast Homes, 3536 Concours
Street, Ontario, indicated that they were in support of the conditions of
approval as presented.
George Dale, 93 Lakeshore, Irvine, noted the two areas of concern, and
advised that they were objecting to the hours of work and joining the CFD,
but did not want to delay the processing. He suggested that the CFD was in
violation of the Development Agreement, but indicated that they would
accept the conditions.
Councilman Magee noted the questions addressed at 4 p.m., but noted that
the CFD for Public Safety was only $300 per house. He commented that
with regard. to Saturday construction, there had been a lengthy discussion,
and noted that there was a well documented concern. He indicated that
absent any comments from the residents saying they object or would like to
see work on Saturday, he was unlikely to agree.
MOVED BY MAGEE, SECONDED BY SCHIFFNER TO APPROVE
TENTATIVE PARCEL MAP NO. 32336 AND TENTATIVE TRACT MAP
NO. 32337 BASED ON EXHIBITS `I' AND `J', AND THE FOLLOWING
FINDINGS, AND SUBJECT TO THE FOLLOWING CONDITIONS OF
APPROVAL.
Councilman Schiffner noted that the Public Safety CFD would only include
four or more units, so all but the very small projects would be included.
Page Six -City Council Minutes -August 10, 2004
Mayor Buckley noted that he voted against the project in the past because
the lots were too small, and because of complaints, however this time there
were no citizen complaints. He indicated that he was prepared to support
this item.
Mayor Buckley closed the public hearing at 7:25 p.m.
THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF
THOSE PRESENT.
Findings for Tentative Parcel Man No. 32336
1. The proposed subdivision, together with the provisions for its design and
improvements, is consistent with Amendment No. 1 to the La Laguna Estates
Specific Plan No. 92-4, and therefore, the City of Lake Elsinore 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).
a. The access and circulation plan approved within the La Laguna Estates
Specific Plan Amendment No. 1 has been incorporated in the map.
b. Setting aside open space areas that protect the natural topography and views
as required by the La Laguna Estates Specific Plan Amendment No. 1 has
been incorporated in the map.
2. The site of the proposed division of land is physically suitable for the proposed
density of development in accordance with the Specific Plan and General Plan.
a. Setting aside open space areas that protect the natural topography and views
as required by the La Laguna Estates Specific Plan Amendment No. 1 has
been incorporated in the map.
Page Seven -City Council Minutes -August 10, 2004
b. The overall density proposed in this area is consistent with the La Laguna
Estates specific Plan Amendment No. 1.
3. 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.
a. The project is consistent with the City's General Plan and the La Laguna
Estates Specific Plan Amendment No. 1. During the approval of both
documents, housing needs, public services and fiscal resources were
scrutinized to achieve a balance within the City. The Mitigation Measures
adopted with Environmental Impact Report No. 92-2 (EIR) for the La
Laguna Estates Specific Plan and Amendment No. 1 ensure that this balance
is maintained.
4. Subject to the attached conditions of approval, the proposed division is not
anticipated to result in any significant environmental impact. Conditions of
Approval include adherence to previously adopted mitigation measures for the
Specific Plan.
5. The design of the proposed division of land or type of improvements are not
likely to cause serious public health problems.
a. Tentative Parcel Map No. 32336 is consistent with all design elements of
the La Laguna Estates Specific Plan Amendment No. 1 previously reviewed
and approved to benefit the public health, safety and welfare.
6. The design of the proposed division of land or the type of improvements will
not conflict with easements, acquired by the public at large, for access through
or use of property within the proposed division of land.
a. All known easements or requests for access have been incorporated into
Tentative Parcel Map No. 32336.
Page Eight -City Council Minutes -August 10, 2004
Findings for Tentative Tract Map No. 32337
1. The proposed subdivision, together with the provisions for its design and
improvements, is consistent with Amendment No. 1 to the La Laguna Estates
Specific Plan No. 92-4, and therefore, the City of Lake Elsinore 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).
a. The map proposes single family residential lots that meet the Specific Plan
lot size minimum.
b. The map supports the circulation plan outlined in the Specific Plan.
c. The map provides open space areas that protect the natural topography and
views.
d. The map brings the total number of dwelling units of the entire La Laguna
Estates Specific Plan to 633 homes, 27 homes less than the maximum
allowed under the Plan.
2. The site of the proposed division of land is physically suitable for the proposed
density of development in accordance with the Specific Plan and General Plan.
a. The map is consistent with Section 3.1.2.f. -Land Use Guidelines and
Standards, and Section 6.2.6.a. - Density Transfer Provisions, of
Amendment No. 1 to the Specific Plan.
3. 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.
a. Such concerns were considered in the adopted Environmental Impact
Report No. 92-2 (EIR) for the La Laguna Estates Specific Plan. The map
Page Nine -City Council Minutes -August 10, 2004
has been conditioned to comply with any mitigation measures identified in
the EIR that apply.
b. The map has been conditioned to annex into Community Facilities District
2003-1 to offset the annual negative fiscal impacts of the project on public
safety operations and maintenance issues in the City.
c. The map has been conditioned to annex into Lighting and Landscape
Maintenance District No. 1 to offset the annual negative fiscal impacts of
the project on public right-of--way landscaped areas to be maintained by the
City, and for street lights in the public right-of--way for which the City will
pay for electricity and a maintenance fee to Southern California Edison.
4. Subject to the attached conditions of approval, the proposed division is not
anticipated to result in any significant environmental impact.
a. Conditions of Approval include adherence to previously adopted mitigation
measures for the Specific Plan.
5. The design of the proposed division of land or type of improvements are not
likely to cause serious public health problems.
a. Such concerns were considered in the adopted Environmental Impact
Report No. 92-2 (EIR) for the La Laguna Estates Specific Plan.
6. The design of the proposed division of land or the type of improvements will
not conflict with known easements, acquired by the pubic at large, for access
through or use of property within the proposed division of land.
a. The map has been circulated to City departments and outside agencies, and
appropriate conditions of approval have been applied for their approval
during construction.
Page Ten -City Council Minutes -August 10, 2004
b. All known easements or requests for access have been incorporated into the
map.
CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP 32336
PlanninE Division
1. Tentative Parcel Map No. 32336 will expire two (2) years from date of
approval unless within that period of time a final map has been filed with the
County Recorder, or an extension of time is granted by the City of Lake
Elsinore City Council in accordance with the Subdivision Map Act (SMA).
Additional extensions of time (36 months maximum time per the SMA) may
be granted with City Council approval.
2. Tentative Parcel Map No. 32336 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 these Conditions
of Approval.
3. The applicant shall defend (with counsel acceptable to the City), indemnify,
and hold harmless the City, its Officials, Officers, Employees, and Agents
from any claim, action, or proceeding against the City, its Officials, Officers,
Employees, or Agents to attach, set aside, void, or annul an approval of the
City, its advisory agencies, appeal boards or legislative body concerning
Tentative Parcel Map No. 32336, which action is brought within the time
period provided for in California Government Code Sections 65009 and/or
66499.37, and Public Resources Code Section 21167. The City will promptly
notify the Applicant of any such claim, action, or proceeding against the City
and will cooperate fully with the defense. If the City fails to promptly notify
the Applicant of any such claim or proceeding, the Applicant shall not,
thereafter, be responsible to defend, indemnify, or hold harmless the City.
4. The applicant shall sign and return an "Acknowledgment of Conditions" to
the Community Development Department within 30 days of approval by the
Page Eleven -City Council Minutes -August 10, 2004
City Council of the City of Lake Elsinore.
5. Construction on the property covered by this map is subject to all the
Conditions of Approval of Amendment No. 1 to the La Laguna Estates
Specific Plan, and subject to all the Conditions of Approval of the underlying
Parcel Map Nos. 30787 and 31011.
6. Construction on the property covered by this map shall comply with the
approved Conceptual Landscape Plan for the entire La Laguna site. Said
Conceptual Landscape Plan provides the overall theme and details regarding
the streetscape, fencing and walls, entry monumentation, signage and lighting,
to which all development shall comply. Said Plan was prepared in accordance
with the Design Guidelines contained in the Specific Plan.
7. In accordance with Amendment No. 1 to the La Laguna Estates Specific Plan,
Parcels Nos. 5, 6, 7, and 8 shall remain undeveloped open space. All open
space lots shall be owned and maintained by the homeowners' association or
other entity acceptable to the City.
8. The Riverside County Fire Department shall have access to all parcels
through the use of 20-foot access easements or roads shown on the map.
9. The applicant shall comply with the requirements of the Lake Elsinore
Unified School District under the provisions of SB 50, wherein the owner or
developer shall pay school fees or enter into a mitigation agreement prior to
the issuance of a certificate of compliance by the District.
10. Prior to Final Parcel Map, all lots shall comply with minimum standards
contained in Title 16 of the Lake Elsinore Municipal Code.
EnEineering Division
11. Each parcel shall have access to public right-of--way.
Page Twelve -City Council Minutes -August 10, 2004
12. The applicant shall dedicate Lot `A' and Lot `B' for roadway right-of--way.
The width of Lot `A' shall be 60 feet. The width of Lot `B' shall be 66 feet.
13. All Public Works requirements shall be complied with as a condition of
development as specified in the Lake Elsinore Municipal Code (LEMC) prior
to final map approval.
14. All Capital Improvement and Plan Check fees shall be paid (LEMC 16.34,
Resolution 85-26) unless otherwise described in the Development Agreement
with the property owner.
15. Applicant shall pay all appropriate fees prior to issuance of a Building Permit
unless otherwise described in the Development Agreement with the property
owner.
16. Arrangements for relocation of utility company facilities (power poles, vault,
etc.) out of the roadway or alley shall be the responsibility of the property
owner or his agent.
17. 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 shall pay $30 per sheet for City
digitizing.
18. All utilities except electrical over 12 KV shall be placed underground, as
approved by the serving utility.
19. Developer shall provide soils, geology and seismic reports including street
design recommendations. Developer shall provide final soils report showing
compliance with recommendations.
20. The project shall convey onsite runoff to the public storm drain system. Any
non-historic storm flows shall be accepted by adjacent property owners with a
notarized and recorded letter of drainage acceptance or conveyed to a
drainage easement.
Page Thirteen -City Council Minutes -August 10, 2004
CONDITIONS OF APPROVAL TENTATIVE TRACT MAP N0.32337
PlanninE Division
1. Tentative Tract Map No. 32337 will expire two (2) years from date of
approval unless within that period of time a final map has been filed with
the County Recorder, or an extension of time is granted by the City of Lake
Elsinore City Council in accordance with the Subdivision Map Act (SMA).
Additional extensions of time (36 months maximum time per the SMA) may
be granted with City Council approval.
2. Tentative Tract Map No. 32337 shall comply with the State of California
Subdivision Map Act and shall comply with all applicable requirements of
the Lake Elsinore Municipal Code, Title 16 unless modified by approved
Conditions of Approval.
3. The applicant shall defend (with counsel acceptable to the City), indemnify,
and hold harmless the City, its Officials, Officers, Employees, and Agents
from any claim, action, or proceeding against the City, its Officials,
Officers, Employees, or Agents to attach, set aside, void, or annul an
approval of the City, its advisory agencies, appeal boards or legislative body
concerning Tentative Tract Map No. 32337, which action is brought within
the time period provided for in California Government Code Sections 65009
and/or 66499.37, and Public Resources Code Section 21167. The City will
promptly notify the Applicant of any such claim, action, or proceeding
against the City and will cooperate fully with the defense. If the City fails to
promptly notify the Applicant of any such claim or proceeding, the
Applicant shall not, thereafter, be responsible to defend, indemnify, or hold
harmless the City.
4. The applicant shall sign and return an "Acknowledgment of Conditions" to
the Community Development Department within 30 days of the Tentative
Tract Map approval by the City Council.
Page Fourteen -City Council Minutes -August 10, 2004
Prior To Final Tract Map:
5. The applicant shall comply with all Conditions of Approval prepared by the
Riverside County Fire Department as listed in their transmittal dated June
18, 2004 attached, and with the Open Space Access exhibit approved June
17, 2004.
a. The applicant shall obtain Fire Deparhnent approval of all homes
plotted on flag lots during the plotting stage of development.
Additional exhibits may be required providing landscaping
restrictions or other methods to ensure visibility of homes from the
public street.
6. All lots shall comply with minimum standards contained in the
Development Standards approved with Amendment No. 1 to the La Laguna
Estates Specific Plan No. 92-4. Where these standards are silent Title 16 of
the Lake Elsinore Municipal Code shall apply.
a. Lot #207 shall be redesigned to comply with the minimum lot size
requirement of 6,000 square feet.
7. All cul-de-sac streets shall comply with the maximum length of 1,000 feet,
as allowed in the La Laguna Estates Specific Plan.
8. A precise survey with closures for boundaries and all lots shall be provided
per the LEMC.
9. Street names within the subdivision shall be approved by the Community
Development Director or designee prior to final map approval.
10. All of the improvements shall be designed by the developer's Civil
Engineer to the specifications of the City of Lake Elsinore.
Page Fifteen -City Council Minutes -August 10, 2004
11. The applicant shall comply with the Mitigation Monitoring Program
prepared and updated for Amendment No. 1 to the La Laguna Estates
Specific Plan No. 92-4.
12. The applicant shall provide evidence that the Covenants, Conditions and
Restrictions (CC & R's) for the existing Homeowners' Association in La
Laguna Estates has been updated to incorporate the boundaries of this map.
The HOA shall be responsible for the maintenance of all open space areas
and maintenance easement areas.
13. The Final Map shall identify downslopes adjacent to streets as HOA
Maintenance Easements. All HOA Maintenance Easements shall be planted,
irrigated and maintained by the HOA.
14. The Final Map shall identify that portion of Open Space Lot #313 along
McVicker Canyon Park Road as Lot #318.
Prior To Gradine And Buildine Permits:
15. Construction on the property covered by this map is subject to all the
Conditions of Approval of the La Laguna Estates Specific Plan,
Amendments, and underlying Parcel Map Nos. 31011 and 32336, unless
superceded by these conditions.
16. The City's Noise Ordinance shall be met during all site preparation activity.
Construction shall not commence before 7:00 a.m. and shall cease at 5:00
p.m., Monday through Friday. Construction activity shall not take place on
Saturday, Sunday or any legal holidays.
17. Upon violation by applicant of the City's Noise Ordinance or Condition of
Approval #16, applicant shall cease all construction activities and shall be
permitted to recommence such activities only upon depositing with the City
a $5,000 cash deposit available to be drawn upon by the City to fund any
future law enforcement needs that maybe caused by potential project
Page Sixteen -City Council Minutes -August 10, 2004
construction violations and the enforcement of the City's Noise Ordinance
and Condition of Approval #16. The applicant shall replenish the deposit
upon notice by the City that the remaining balance is equal to or less than
$1,000.
18. The applicant shall comply with the requirements of the Lake Elsinore
Unified School District under the provisions of SB 50, wherein the owner or
developer shall pay school fees or enter into a mitigation agreement prior to
the issuance of a certificate of compliance by the District.
19. The applicant shall provide connection to public sewer for each lot within
the subdivision. No service laterals shall cross adjacent property lines and
shall be delineated on engineering sewer plans and profiles for submittal to
the EVMWD.
20. All storm drains are to be maintained in accordance with the cooperative
agreement with the Riverside County Flood Control and Water
Conservation District.
a. The homeowners' association shall maintain water quality basins,
landscaping, and open space drainage.
21. The developer shall submit plans to the electric utility company for a layout
of the street lighting system. The cost of street lighting, installation as well
as energy charges shall be the responsibility of the developer and/or the
Association until streets are accepted by the City. Said plans shall be
approved by the City and shall be installed in accordance with City
Standards.
22. The applicant shall meet all requirements of the providing electric utility
company.
23. The applicant shall meet all requirements of the providing gas utility
company.
Page Seventeen -City Council Minutes -August 10, 2004
24. The applicant shall meet all requirements of the providing telephone utility
company.
25. A bond is required guaranteeing the removal of all trailers used during
construction.
26. All signage shall be subject to Planning Division review and approval prior
to installation.
27. Landscape Plans for the tract shall include vegetative screening of all
retention basins.
28. Any alterations to the topography, ground surface, or any other site
preparation activity will require appropriate grading permits. A Geologic
Soils Report with associated recommendations will be required for grading
permit approval, and all grading must meet the City's Grading Ordinance,
subject to the approval of the City Engineer and the Planning Division.
Analysis of impacts of fills and cuts greater than sixty feet (60') shall be
provided. Interim and permanent erosion control measures are required. The
applicant shall bond 100% for material and labor for one (1) year for
erosion control landscaping at the time the site is rough graded.
Prior To Design Review:
29. All future structural development associated with this map requires separate
Design Review approval.
30. Elevation drawings for Design Review shall include four-sided architectural
features.
31. Slopes on individual lots that are in excess of three feet in height shall be
installed, landscaped and irrigated by the developer prior to the issuance of
a Certificate of Occupancy.
Page Eighteen -City Council Minutes -August 10, 2004
32. A detailed fencing plan shall be required for review and approval during the
Design Review process.
33. A detailed phasing plan shall be required for review and approval during the
Design Review process. These plans shall include the location of
construction fencing for each phase.
Engineering Division
34. All lettered lots dedicated for public roadway shall be consistent with the La
Laguna Estates Specific Plan.
35. All roadways shall be constructed to be consistent with Specific Plan cross
sections.
36. Provisions shall be designed and constructed to protect habitable structures
from flooding in the event the water storage tanks rupture.
37. Drainage for open space lots shall be conveyed to public right-of--way.
38. The incremental increase in storm water runoff shall be detained. Detention
basin sizes shall be calculated using Riverside County Flood Control
methods.
39. The intersection of Gateway Drive and McVicker Canyon Park Road shall
be designed to meet sight distance requirements. Maximum street grades on
Gateway drive shall not exceed 9% unless otherwise approved by the City
Engineer.
40. Street grades shall not exceed 9% unless otherwise authorized by the City
Engineer.
Page Nineteen -City Council Minutes -August 10, 2004
41. All Public Works requirements shall be complied with as a condition of
development as specified in the Lake Elsinore Municipal Code (LEMC)
prior to final map approval.
42. All Capital Improvement and Plan Check fees shall be paid (LEMC 16.34,
Resolution 85-26) unless otherwise described in the Development
Agreement with the property owner.
43. Applicant shall pay all appropriate fees prior to issuance of a Building
Permit unless otherwise described in the Development Agreement with the
property owner.
44. A "Will Serve" letter shall be submitted to the City Engineering Division
from the applicable water agency stating that water and sewer
arrangements have been made for this project. Letter shall be submitted
prior to Final Map Approval.
45. All public works improvements shall be constructed per approved street
plans (LEMC 12.04 and 16.34).
46. 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.
47. All applicable fees shall be paid and the Developer shall comply with all
requirements of the encroachment permit as issued by the Engineering
Division for construction of public works improvements (LEMC 12.08 and
Resolution 83-78).
48. 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 Twenty -City Council Minutes -August 10, 2004
49. Applicant shall obtain all necessary off-site easements for off-site grading
from the adjacent property owners prior to final map approval.
50. 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.
51. Provide street lighting and show lighting improvements as part of street
improvement plans as required by the City Engineer.
52. Developer shall install blue reflective pavement markers in the street at all
fire 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.
54. All improvement plans and tract maps shall be digitized. At Certificate of
Occupancy applicant shall submit tapes and/or discs which are compatible
with City's ARC Info/GIS or developer to pay $30 per sheet for City
digitizing.
55. All utilities except electrical over 12 KV shall be placed underground, as
approved by the serving utility.
56. An Alquist-Priolo study shall be performed on the site to identify any
earthquake faults and/or liquefaction zones present on the site, unless a
registered geologist or geotechnical engineer provides written confirmation
that these zones are not present.
57. Developer shall obtain a grading permit with appropriate security prior to
building permit issuance. A grading plan signed and stamped by a
California Registered Civil Engineer shall be required if the grading
Page Twenty-One -City Council Minutes -August 10, 2004
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.
58. Developer shall provide soils, geology and seismic report including street
design recommendations. Provide final soils report showing compliance
with recommendations.
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 feet in height
shall be contoured.
60. Convey onsite runoff to the public storm drain system. Any non-historic
storm flows shall be accepted by adjacent property owners with a notarized
and recorded letter of drainage acceptance or conveyed to a drainage
easement.
61. Roof and yard drains will not be allowed to be connected directly to street
curb cores. Roof drains should drain to a landscaped area whenever
feasible.
62. Ten (10) year storm runoff should be contained within the curb and the one
hundred (100) year storm runoff should be contained within the street right-
of-way. When either of these criteria is exceeded, drainage facilities should
be installed.
63. Applicant will be required to install BNII''s using the best available
technology to mitigate any urban pollutants from entering the watershed.
64. Applicant shall obtain approval from Santa Ana Regional Water Quality
Control Board for their storm water pollution prevention plan including
Page Twenty-Two -City Council Minutes -August 10, 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.
65. 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.
66. Applicant shall provide for flush BMP's using the best available technology
that will reduce storm water pollutants from parking areas and driveway
aisles.
67. In accordance with the City's Franchise Agreement for waste disposal and
recycling, the applicant shall be required to contact CR&R Inc., for the
removal and disposal of all waste material, debris, vegetation and other
rubbish generated during cleaning, demolition, clearing and grubbing, or all
other phases of construction.
Community Services District
68. The applicant shall provide information on the District's "Project
Inventory" list.
69. Applicant shall pay $494,400 in Park fees.
70. The HOA shall maintain all drainage facilities, culverts, retention areas,
public parkways, slopes, entry monuments and open space.
Page Twenty-Three -City Council Minutes -August 10, 2004
Administrative Services Department
71. Prior to issuance of the first building permit of each phase, the applicant shall
annex that phase into Community Facilities District 2003-1 to offset the
annual negative fiscal impacts of the project on public safety operations and
maintenance issues in the City.
Amended by the Planning Commission, July 20, 2004.
72. Prior to issuance of the first building permit of each phase, the applicant shall
annex that phase into Lighting and Landscape Maintenance District No. 1 to
offset the annual negative fiscal impacts of the project on public right-of--way
landscaped areas to be maintained by the City, and for street lights in the
public right-of--way for which the City will pay for electricity and a
maintenance fee to Southern California Edison.
22. Tentative Parcel Map No. 32611 and Industrial Project No 2004-03 "C & C
Collier Street Development Partners Industrial Complex". (F:86.2)
Community Development Director Brady highlighted this project, and
detailed the items for consideration, as well as the location. He indicated
that the project included six parcels with seven industrial units. He noted
that there were two zones on the property, with C-M on the front along
Collier with retail uses, and M-1 in the back portion with more typical
concrete industrial type buildings. He displayed the renderings for the
building along Collier, and noted that part of the project would be the street
improvements along the site, with Collier being widened. He commented
that at the study session Councilman Magee had requested clarification of
Condition No. 41, that it would be completed prior to the Certificate of
Occupancy. He advised that the Planning Commission had reviewed the
project and recommended approval. He noted that the applicant was
present in case there were questions. .
Page Twenty-Four -City Council Minutes -August 10, 2004
Mayor Buckley opened the public hearing at 7:27 p.m., asking those persons
interested in this item to speak. There were no requests from the audience
to speak.
Councilman Magee addressed Condition No. 41, and explained that he
would prefer that it include "prior to Certificate of Occupancy of any
building", so it was completely approved.
Councilman Schiffner had no comments.
Mayor Buckley closed the public hearing at 7:29 p.m.
MOVED BY MAGEE, SECONDED BY SCHIFFNER AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE TENTATIVE
PARCEL MAP NO. 32611 AND INDUSTRIAL DESIGN REVIEW NO.
2004-03, BASED ON THE FOLLOWING FINDINGS AND EXHIBITS `A'
THRU `K', AND SUBJECT TO THE FOLLOWING CONDITIONS OF
APPROVAL.
Findings -Tentative Parcel Maa
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 is in accord with the General Plan, the objectives of the
Zoning Code, and the purposes of the district in which the site is located..
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 industrial complexes that
strengthen and diversify the City's economic base.
Page Twenty-Five -City Council Minutes -August 10, 2004
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 project will provide commercial manufacturing and limited
manufacturing facilities of substantial size conveniently located relative the
industrial area and regional circulation routes. The project will provide
necessary public services and facilities, will pay all appropriate fees, and
will not result in any adverse environmental impact.
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. The proposed use, together with the conditions applicable thereto,
will not be detrimental to the public health, safety, or welfare or materially
injurious to properties or improvements in the vicinity.
Findines - 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 Industrial Design Review located at APN.• 377-151-070complies
with the goals and objectives of the General Plan, in that the approval of this
industrial complex will assist in achieving the development of awell-balanced
and functional mix of residential, commercial, industrial, open space,
recreational and institutional land uses as well as encouraging industrial land
uses to diverse 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.
Page Twenty-Six -City Council Minutes -August 10, 2004
The proposed Industrial Design Review located at APN: 377-151-070 is
appropriate to the site and surrounding developments in that the proposed
industrial complex 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 material and site designs
proposed evidence a concern for quality and originality.
3. Subject to the attached Conditions of Approval, the proposed project is not
anticipated to result in any significant adverse environmental impacts.
Pursuant to the California Environmental Quality Act (CEQA), the proposed
Industrial Design Review located at APN: 377-151-070, as reviewed and
conditioned by all applicable City Divisions and Departments and Agencies,
will not have a significant effect on the environment. Further, environmental
clearance for the proposed tentative parcel map and industrial design review is
provided by Negative Declaration No. 2001-02, which was approved by the
City in September 2001.
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 Industrial Design
Review located at 377-151-070 has been scheduled for consideration and
approval by the Planning Commission.
CONDITIONS OF APPROVAL -TENTATIVE PARCEL MAP NO. 32611
AND INDUSTRIAL DESIGN REVIEW N0.2004-03
Page Twenty-Seven -City Council Minutes -August 10, 2004
General
1. The applicant shall defend (with counsel acceptable to the City),
indemnify, and hold harmless the City, its Official, Officers, Employees,
and Contract 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 the Lake
Commercenter located at Assessor Parcel Number 377-151-070, which
action is bought within the time period provided for in California
Government Code Sections 65009 and/or 66499.37, and Public Resources
Code Section 21167. The City will promptly notify the Applicant of any
such claim, action, or proceeding against the City and will cooperate fully
with the defense. If the City fails to promptly notify the Applicant of any
such claim, or proceeding, the Applicant shall not, thereafter, be
responsible to defend, indemnify, or hold harmless the City.
Tentative Parcel Map No. 32611
2. 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.
3. 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.
4. 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
Page Twenty-Eight -City Council Minutes -August 10, 2004
Engineer, and all other stated conditions shall be complied with. All
uncompleted improvements must be bonded for as part of the agreements.
5. Prior to issuance of a grading permit, the applicant shall prepare and record
CC&R's against the industrial complex 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 established
methods to address design improvements.
6. Each building owner shall have full access to commonly owned areas
(parking), facilities and utilities.
Industrial Design Review No. 2004-03
7. Design review approval for Industrial Project No. 2004-03 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 Design Review
approval upon application by the developer one (1) month prior to
expiration.
8. 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.
9. 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
Page Twenty-Nine -City Council Minutes -August 10, 2004
Division Plan Check shall conform with the submitted plans as modified by
Conditions of Approval, or the Planning Commission/City Council through
subsequent action.
10. Structures shall be placed on-site as depicted on the site plan and/or as
modified by the Community Development Director or designee.
11. Trash enclosures shall be constructed per City standards as approved by the
Community Development Director or designee, prior to issuance of building
permit.
12. The Planning Division shall approve construction trailers utilized during
construction. All construction trailers shall require a $1,000.00 cash bond
for each.
13. 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.
14. All loading zones shall be clearly marked with yellow striping and shall
meet City Standards for Type `A' loading zones (12' x 20') and Type `B'
loading zones (12' x 40').
15. 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.
16. Materials and colors depicted on the plans and materials board shall be
used unless modified by the Community Development Director or
designee.
Page Thirty -City Council Minutes -August 10, 2004
17. 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 be
consistent with the architectural style of the building.
18. All exterior downspouts shall be concealed or architecturally screened and
painted to match the exterior color of the building as approved by the
Community Development Director or Designee.
19. All cornice elements and back sides of parapets exposed to public view
shall be architecturally enhanced, subject to the review and approval of the
Community Development Director or Designee.
20. The applicant shall submit a Sign Program for the approval of the
Planning Commission prior to the issuance of the first building permit.
21. All building signage shall comply with the Sign Program submitted to the
Planning Division.
22. All drive aisles and loading areas shall be kept and maintained free and
clear of any materials/merchandise so as not to obstruct on-site circulation
and deliveries.
23. Parking stalls shall be double-striped with four-inch (4") lines two feet
(2') apart.
24. Provide a 12-inch concrete paver along the side of parking stalls that are
adjacent to planters (paver to include curb width).
25. The applicant shall add a cviatiiiu°~~° *'~°°° ~''` ~ °* landscape "finger"
planter along the southwest property line of Parcel `A', between the
identified landscape area and the trash enclosure to mirror the landscape
planter between said property line and building 5 (Amended at Planning
Commission on July 20, 2004).
Page Thirty-One -City Council Minutes -August 10, 2004
26. Applicant shall meet ADA (Americans with Disabilities Act)
requirements.
27. Trash enclosures shall be constructed per City standards as approved by
the Community Development Director or Designee.
28. No exterior roof ladders shall be permitted.
29. All service and loading doors shall be painted to match the building.
30. On-site surface drainage shall not cross sidewalks.
Prior To Buildine/Grading Permits
31. 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.
32. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be
submitted, reviewed and approved by the City's Landscape Architect
Consultant and the Community Development Director or designee, prior to
issuance of building permit. A Landscape Plan Check & Inspection Fee
will be charged prior to final landscape approval based on the Consultant's
fee plus forty percent (40%) City fee.
a) All planting areas shall have permanent and automatic sprinkler
system with 100% plant and grass coverage using a combination
of drip and conventional irrigation methods.
b) Applicant shall plant street trees selected from the City's Street
Tree List, a maximum of forty feet (40') apart and at least twenty-
four-inch (24") box in size.
Page Thirty-Two -City Council Minutes -August 10, 2004
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.
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.
Page Thirty-Three -City Council Minutes -August 10, 2004
k) Final landscape plans to include planting and irrigation details.
33. 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.
34. Prior to issuance of building permits, applicant shall provide assurance
that all required fees to the Lake Elsinore Unified School District have
been paid.
35. Prior to issuance of building permits, applicant shall provide assurance
that all requirements of the Riverside County Fire Department have been
met.
36.Prior to issuance of building permits, applicant shall pay park-in-lieu fee in
effect at time of building permit issuance.
37.The applicant shall at all times comply with Section 17.78 (Noise Control)
of the Lake Elsinore Municipal Code.
Engineering
38.Dedicate full half-width right-of--way on Collier Avenue of fifty (50) feet
centerline to right-of--way.
39.Construct full half-width street improvement on Collier Avenue for forty
(40) feet centerline to curb.
40.Dedicate full half-width right-of--way and construct full half-width street
improvements for Crane Street. Right-of--way half-width equals sixty (60)
feet.
Page Thirty-Four -City Council Minutes -August 10, 2004
41.Dedicate full half-width right-of--way and construct full half-width street
improvements for Third Street. Right-of-way half-width equals sixty (60)
feet.
42.Building finish floor shall be one (1) foot above the 100-year flood
elevation, as defined by FEMA.
43.Provide approval from Riverside County Flood Control District (RCFCD)
for connection of storm drain system to the 3`d Street Channel.
44.Comply with any conditions of approval solicited by the project from
Riverside County Flood Control District (RCFCD).
45.Construct a detention facility to detain the incremental increased storm
runoff.
46.Storm drain inlet shall provide for stormwater treatment and be maintained
by the property owner.
47.Drive entrance on Collier shall be designed to be right-in and right-out
only.
48.Pay cash in-lieu of construction for half the median along the project
frontage of Collier.
49.A11 Public Works requirements shall be complied with as a condition of
development as specified in the Lake Elsinore Municipal Code (LEMC)
prior to final map approval.
SO.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-Five -City Council Minutes -August 10, 2004
S 1.A11 street improvements shall be installed and functioning prior to
certificate of occupancy.
52.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.
53.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.
54.Construct all public works improvements per approved street plans (LEMC
12.04). Plans must be approved and signed by the City Engineer prior to
final map approval (LEMC 16.34).
SS.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).
56.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.
57.A11 compaction reports, grade certifications, monument certifications (with
tie notes delineated on 8 ''/z" x 11" Mylar) shall be submitted to the
Engineering Division before final inspection of public works
improvements will be scheduled and approved.
58.The applicant shall install two (2) permanent bench marks to Riverside
County Standards and at a location to be determined by City Engineer.
Page Thirty-Six -City Council Minutes -August 10, 2004
59.Applicant shall obtain all necessary off-site easements for off-site grading
or construction from the adjacent property owners prior to final map
'"approval.
60.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.
61.Provide fire protection facilities as required in writing by the Riverside
County Fire Department.
62.Provide street lighting and show lighting improvements as part of street
improvement plans as required by the City Engineer.
63.Developer shall install blue reflective pavement markers in the street at all
fire hydrant locations.
64.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.
65.A11 improvement plans and parcel 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.
66.A11 utilities except electrical over 12 kv shall be placed underground, as
approved by the serving utility.
67.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
Page Thirty-Seven -City Council Minutes -August 10, 2004
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.
68.Provide soils, geology and seismic report including street design
recommendations. Provide final soils report showing compliance with
recommendations.
69.An Alquis-Priolo study shall be performed on the site to identify any
hidden earthquake faults and/or liquefaction zones present on-site.
70.A11 grading shall be done under the supervision of a geotechnical engineer
and he shall certify all slopes steeper than 2 to 1 for stability and proper
erosion control. All manufactured slopes greater than 30 ft. in height shall
be contoured.
71.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.
72.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.
73.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 Thirty-Eight -City Council Minutes -August 10, 2004
74.On-site drainage facilities located outside of road right-of--way should be
contained within drainage easements shown on the final map. A note
should be added to the final map stating: "Drainage easements shall be
kept free of buildings and obstructions".
75.A11 natural drainage traversing site shall be conveyed through the site, or
shall be collected and conveyed by a method approved by the City
Engineer.
76.Meet all requirements of LEMC 15.64 regarding flood hazard regulations.
77.Meet all requirements of LEMC 15.68 regarding flood plain management.
78.Submit Hydrology and Hydraulic Reports for review and approval by City
Engineer and the Riverside County Flood Control District prior to approval
of final map. Developer shall mitigate any flooding and/or erosion caused
by development of site and diversion of drainage.
79.A11 drainage facilities in this site shall be constructed to Riverside County
Flood Control District Standards.
80.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.
81.10-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.
82.A drainage acceptance letter will be necessary from the downstream
property owners for outletting the proposed stormwater run-off on private
property.
Page Thirty-Nine -City Council Minutes -August 10, 2004
83.Applicant will be required to install BMP's using the best available
technology to mitigate any urban pollutants from entering the watershed.
84.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.
85.Education guidelines and Best Management Practices (BMP) shall be
provided to residents of the development in the use of herbicides,
pesticides, fertilizers as well as other environmental awareness education
materials on good housekeeping practices that contribute to protection of
stormwater quality and meet the goals of the BMP in Supplement "A" in
the Riverside County NPDES Drainage Area Management Plan.
86.Applicant shall provide first flush BMP's using the best available
technology that will reduce stormwater pollutants from parking areas and
driveways.
87.Intersection site distance shall meet the design criteria of the CALTRANS
Design Manual (particular attention should be taken for intersections on the
inside of curves). If site distance can be obstructed, a special limited use
easement must be recorded to limit the slope, type of landscaping and wall
placement.
88.Intersecting streets on the inside radius of a curve will only be permitted
when adequate sight distance is verified by a registered civil engineer.
89.The final map shall show the abandonment of dedications of public right-
of-way or easements by appropriate certifications on the map.
Page Forty -City Council Minutes -August 10, 2004
90.Existing access easements over property must be addressed to the
satisfaction of the easement owners prior to final map approval.
91.A11 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.
92.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.
Riverside County Fire Department
93.The applicant shall comply with all comments and conditions of approval
from the Riverside County Fire Department.
Community Services Department
94.Applicant shall pay park-in-lieu fees for all proposed commercial
buildings.
95.Applicant to maintain all on-site landscaping.
96.Applicant to comply with all City Ordinances regarding construction debris
Page Forty-One -City Council Minutes -August 10, 2004
and removal (Chapter 8.16 LEMC).
97.Applicant to comply with all NPDES regulations.
BUSINESS ITEMS
31. Second Reading - Ordinance No. 1126 - East Lake Specific Plan
Amendment No. 6. (F:150.2)
Jerry Harmatz, commented that the City was at a crossroads, and could
either go forward or backwards. He stressed the need for orderly growth,
so the area could prosper. He indicated that new business would spring up
and the area would redevelop. He commented that Laing was committed to
the City, and had bent over backwards to address the concerns. He stressed
the potential for benefits from this project and expressed hopes that they
would spill over to Main Street. He commented that Laing Homes would
bring bodies, stimulate recreation and tourism, etc. He expressed his
support for the project, based on the benefits fro the community. He
suggested that the Council unite for approval of this item.
Ed Stoder, representing R.C.T.C., noted that prior to this meeting they had
provided a letter of their concerns, and noted the traffic impacts on Mission
Trail, Corydon, etc. He indicated that the EIR did not fully address those
impacts. He advised that they would like to work with the Council and staff
to address the concerns and establish priorities. He requested notification
on further public hearings on the project in the future.
Carmella Loelkes, 25190 Hancock Ave., Murrieta, indicated that she was
pleased that the back basin would finally be developed and the City would
have a golf course. She congratulated the Council on approving the item at
the last meeting. She noted that staff needed to be congratulated and
thanked for the hours they had invested in the project. She noted that work
had been underway on the project for almost 20 years and indicated that
now that it was approved, she hoped that the Council would work together
Page Forty-Two -City Council Minutes -August 10, 2004
to approve the second reading of the Ordinance No. 1126. She noted that
she would say the same thing for Ordinance No. 1127.
Wendy Kolk passed her time to Dave Stahovich.
Dave Stahovich, representing Supervisor Buster, and on behalf of RCFCD,
presented a letter to the City Clerk, noting their concern that they
commented on the project on the hydrological issues and were never given a
copy of the final EIR. He read a letter noting the CEQA notice of
preparation, and indicating that there were numerous concerns on the
hydrology study. He indicated that they had not received a response to the
letter or a copy of the back basin study. He suggested that there were
concerns for public health and safety.
Peter Dawson, 18010 Grand Avenue, indicated that he was pro business,
and pro development, however he did not support residential development
in a floodplain. He noted that an El Nino winter was forecast and reminded
the Council of the impacts of El Nino in 1993. He inquired if everyone was
ready for the 100 year flood that might come this winter. He addressed
Councilman Schiffner and indicated that there was no prayer of changing
his mind.
Councilman Magee inquired of staff regarding the letter from Mr. Williams,
presented by Mr. Stahovich. City Manager Watenpaugh indicated that it
was the first time he had seen the letter. Community Development Director
Brady concurred that it was the first time he had seen the letter, but noted
that he was happy to work with the County agencies. He commented that
this was a late point in the process. Councilman Magee inquired how long
it would take to respond. Community Development Director Brady
indicated that it could be done in a few days. City Manager Watenpaugh
noted the hex 5 runs and the suggestion of no homes in the floodplain and
noted that the applicant had been working with the Army Corps to address
those issues. He indicated that he was not sure why a response had not been
Page Forty-Three -City Council Minutes -August 10, 2004
provided. Councilman Magee questioned if the item should be continued
to the next meeting to allow for a response. Community Development
Director Brady confirmed that he could respond, but indicated that he was
not sure it would make a difference. Councilman Magee noted that the
letter said there was no response. He indicated that he was uncomfortable
going forward with this item in light of the letter presented. Councilman
Hickman concurred.
City Manager Watenpaugh questioned staff regarding the response.
Engineering Manager Seumalo apologized for not responding, but he had
contacted the developer. He commented that he was disappointed with the
lack of professional courtesy, but noted that it was his policy to contact
them and make sure they were kept in the process. Councilman Magee
indicated that he would rather move forward.
MOVED BY MAGEE, SECONDED BY HICKMAN AND CARRIED BY A
VOTE OF 3 TO 1 WITH SCHIFFNER CASTING THE DISSENTING
VOTE AND KELLEY ABSENT TO CONTINUE THIS ITEM TO ALLOW
STAFF TO RESPOND TO THE LETTER AS PRESENTED.
32. Second Reading - Ordinance No. 1127 - Development Agreement
Amendment -Laing Homes. (F:68.1)(X:150.2)
Jerry Harmatz noted that his comments on the prior item would also apply
to this item.
Mr. Stoder indicated that he had no further comments.
Carmella Loelkes, indicated that from her understanding, Item 31 covered
the Specific Plan and Item 32 had to do with the Development Agreement,
which had nothing to do with the physical aspects of the project.
City Attorney Leibold commented that the development agreement vests or
wraps the entitlements so if the entitlement was to be continued, then her
Page Forty-Four -City Council Minutes -August 10, 2004
recommendation would be to similarly continue the ordinance approving the
development agreement. Mayor Buckley thanked the City Attorney for
mentioning that earlier.
Dave Stahovich, representing Supervisor Buster, commented that based on
the response to technical issues, there might not be a need to amend the
agreement.
Peter Dawson, indicated that if this item was moving forward he had
comments, otherwise he would speak on it in two weeks. He noted a
picture of the Lake in 1980, and pointed out the location of Lakepoint Park.
He noted a 1993 picture showing the levee across the Lake. He questioned
Mr. Filler on where the houses would be.
Mr. O'Neal questioned Councilman Schiffner's vote on the previous item.
Councilman Schiffner clarified that he voted no.
Councilman Magee indicated that he thought it was appropriate to continue
this concurrent with the previous action. He requested that in the future the
County not come to the meeting with a piece of paper; and allow the staff a
chance to respond. He indicated that with a continuance to a date certain, it
should be no surprise about when it was coming.
Councilman Schiffner noted the question on where the houses would be
built, and suggested that they would be about 2-1/2 feet above the levee.
He indicated that he was disappointed with the County, in that the project
had been going on for about 10 years and information was presented that
staff was not prepared to answer.
Councilman Hickman supported the County representatives and indicated
that if there was a problem with the EIR, he was glad they did come
forward. He advised that they would have the answer very shortly.
Page Forty-Five -City Council Minutes -August 10, 2004
Councilman Schiffner stressed that they should have come forward a long
time ago.
MOVED BY MAGEE TO CONTINUE THE ITEM TO AUGUST 24Tx.
THE MOTION DIED FOR LACK OF A SECOND.
MOVED BY SCHIFFNER TO ADOPT THE ORDINANCE UPON
SECOND READING BY TITLE ONLY. THE MOTION DIED FOR LACK
OF A SECOND.
MOVED BY BUCKLEY, SECONDED BY HICKMAN TO DENY THE
ORDINANCE. THE FOREGOING MOTION RECEIVED THE
FOLLOWING VOTE:
AYES: COUNCILMEMBERS: HICKMAN, BUCKLEY
NOES: COUNCILMEMBERS: MAGEE, SCHIFFNER
ABSENT: COUNCILMEMBERS: KELLEY
ABSTAIN: COUNCILMEMBERS: NONE
City Attorney Leibold clarified that the motion to deny failed to carry or
pass, and the motion to continue failed, so there was an inability to take
action. She explained that this would mean that the item was automatically
continued to the next meeting.
City Attorney Leibold indicated that the motion to deny the Ordinance
failed to pass, the motion to approve the Ordinance failed to gain a second.
She indicated that there was the inability to take an action with a four
member Council present, so by protocol the item is automatically continued.
She indicated that Council could not take an action tonight.
Page Forty-Six -City Council Minutes -August 10, 2004
Mayor Buckley commented that if there was a motion and a second to
approve and it failed, then the Ordinance fails. He commented that the tie
did not go to the runner on that.
Councilman Schiffner commented that there was a motion and a second to
continue.
City Attorney Leibold commented that the ordinance was introduced and by
law an ordinance requires an affirmative vote of a majority of the
membership, in other words for an ordinance to pass it takes the affirmative
vote of three Councilmembers, the ordinance has been introduced upon an
approval of first reading by three Councilmembers based on equal dignity in
order to reject the ordinance which is now standing as an introduced
ordinance, it takes an affirmative vote of three members to reject the
ordinance. Absent the ability to garner a three member vote to either
approve or reject. The body is unable to take an action and an under rule of
necessity it automatically continues to the next meeting, in an effort to gain
an action one way or the other.
Mayor Buckley indicated that the City Attorney referred to something called
the rule of equal dignity or equality of dignity. He asked where that was in
Roberts Rules of Order.
City Attorney Leibold commented that if the Mayor wished to take a break
so she could locate the section and verse. She noted that general public law
dictates that an action has to have equal dignity to undo it, and we have a
first reading, we have an ordinance that has been introduced and stands as
an introduced ordinance and it requires an equal number of votes to undo.
Mayor Buckley commented that it did not become an effective ordinance
until after the second reading. City Attorney Leibold agreed. Mayor
Buckley questioned why it needed an equal number. City Attorney Leibold
commented that it stays as an introduced ordinance. An ordinance can only
be approved upon second reading which the law requires it must
Page Forty-Seven -City Council Minutes -August 10, 2004
happen at least five days after first reading, but there is no outside date, so it
would remain as an introduced ordinance until it is either approved or
rejected by a three member vote.
THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 7:55
P.M.
.THE CITY COUNCIL MEETING RECONVENED AT 8:11 P.M.
MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY A
VOTE OF 2 TO 2 TO CONTINUE THE ITEM UNTIL THE NEXT
MEETING, CONTINGENT ON THE FACT THAT THE CITY ATTORNEY
CAN SOLVE THE LEGAL PROBLEMS.
City Attorney Leibold commented that there needed to be a date certain.
City Attorney Leibold commented that the motion would be to continue
item No. 32 to August 24`h, with the understanding that in the event that the
Council disagreed with, or the City Attorney had failed to submit a legal
opinion as to the consequences of a 2 to 2 vote on second readings the item
would be subject to continuance, but it will be placed on the agenda for
August 24, 2004.
MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE ITEM N0.32
TO AUGUST 24TH, WITH THE UNDERSTANDING THAT IN THE EVENT
THAT THE COUNCIL DISAGREED WITH, OR THE CITY ATTORNEY
HAD FAILED TO SUBMIT A LEGAL OPINION AS TO THE
CONSEQUENCES OF A 2 TO 2 VOTE ON SECOND READINGS, THE
ITEM WOULD BE SUBJECT TO CONTINUANCE, BUT IT WOULD BE
PLACED ON THE AGENDA FOR AUGUST 24, 2004.
33. Trauma Intervention Program Funding -Fiscal Year 2004-OS - $7 500.
(F:30.1)(X:108.1)
Page Forty-Eight -City Council Minutes -August 10, 2004
City Manager Watenpaugh noted the presentation at the last meeting
regarding the services provided by the TIP program. He explained that it
was a volunteer program with the exception of the manager, who had
declined compensation. He indicated that staff had obtained more
information and brought it back to request additional funding for the
program. He clarified that the City already participates financially for
about $3,700 a year. He offered to answer any questions.
Mayor Buckley commented that it was a great program to serve people,
when they most needed assistance.
MOVED BY MAGEE, SECONDED BY HICKMAN AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE FUNDING
FOR THE TRAUMA INTERVENTION PROGRAM IN THE AMOUNT OF
$7,500 FOR FISCAL YEAR 2004-05.
34. Transitional Housing Project Grant Letter of Support. (F:87.3)
City Manager Watenpaugh noted the presentation regarding this item at the
last meeting and explained that the request was for a letter of support. He
noted that the Council had requested additional information, which was
provided.
Dave Stahovich, representing Supervisor Buster, requested support of this
item. He noted that there were some slight amendments, and apologized
that here were not enough meetings prior to the requested support. He
indicated that he was available to meet with the Council and Staff to answer
questions, but noted that he met with the Mayor. He read the proposed
draft letters.
MOVED BY SCHIFFNER, SECONDED BY BUCKLEY TO APPROVE
DRAFT LETTER N0.2.
Page Forty-Nine -City Council Minutes -August 10, 2004
Councilman Magee thanked Mr. Stahovich for coming to support his office,
and commended Ms. Welborn for the report provided. He indicated that
this was the information needed last time, and commended her for the report
and expressed appreciation for her efforts in sitting through a second City
Council Meeting. .
THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF
THOSE PRESENT.
35. Community Development Department Contract Staff Personal &
Professional Service Contracts. (F:68.1)(X:60.1)
City Manager Watenpaugh noted that the Council requested that staff
review the contracts for staff and make them consistent.
Community Development Director Brady indicated that there was an effort
to standardize the consultant contracts. He explained that the City was in a
tremendous growth mode, and there was a need for supplemental staff to
give more flexibility to adjust staffing. He noted that a number of contracts
were utilized to the advantage of the City and the project applicants. He
noted that the contracts were presented with the staff report, and offered to
answer questions. He commented that there was an earlier question on the
scope of services, with a request to eliminate attendance at conferences.
Councilman Magee clarified that the intent was to eliminate the references
to attendance at conferences, on the City's nickel. He indicated that in the
last contract, there need to be a definition of the project area, as within the
City limits of the City. He thanked staff for the standardized format.
MOVED BY MAGEE, SECONDED BY SCHIFFNER AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE
CONTRACT EMPLOYEE CONTRACTS AS PRESENTED, AND
AUTHORIZE THE CITY MANAGER TO ENTER INTO THE
CONTRACTS WITH THE CONTRACT STAFF TO PROVIDE
Page Fifty -City Council Minutes -August 10, 2004
SPECIALIZED PLANNING AND ENGINEERING SERVICES ON AN
ANNUAL BASIS.
Ron LaPere, 16867 Wells Street, indicated that the action taken was
appropriate, and noted that staff worked diligently to bring good
recommendations. He noted that when there were questions and issues
needed to be ironed out, staff worked to put together the most constructive
items.
THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:25
P.M.
THE CITY COUNCIL MEETING WAS RECONVENED AT 8:26 P.M.
PUBLIC COMMENTS -NON-AGENDIZED ITEMS - 3 MINUTES
Chris Hyland, 15181 Wavecrest, thanked the Mayor for his positive foresight for
the City, in his State of the City address. She commented that he provided hope
and security for the community; and indicated that the citizens had taken a back
seat but the Council was moving to support them. She commented that the
elected officials' first responsibility was to the people who elected them; and
criticized former Councilman Pape's statements on ongoing efforts. She
reminded Mr. Pape that every project in his tenure only turned to sawdust and
lawsuits. She reiterated her thanks to the Mayor for his foresight.
CITY MANAGER COMMENTS
City Manager Watenpaugh commented on the following:
1) Noted that he had the pleasure of talking with Planning
Commissioner iJhlry, and while he was doing better it would be two
more weeks before he could come out.
Page Fifty-One -City Council Minutes -August 10, 2004
CITY ATTORNEY COMMENTS
City Attorney Leibold commented on the following:
1) Advised that the Council met in Closed Session as listed on the
agenda, with no reportable action.
COMMITTEE REPORTS
No Reports.
CITY TREASURER COMMENTS
No Comments.
CITY COUNCIL COMMENTS
Councilman Hickman commented on the following:
1) Commended Mayor Buckley on his State of the City speech.
2) Indicated that they were still doing homeowner tax rebates on
Monday and Tuesdays at the Senior Center. He noted that the
assistance was free, and available to those persons over 63 and
earning less than $38,000 annual income.
3) Announced the Music with a View Concerts at McVicker Park, and
encouraged attendance.
Councilman Schiffner commented on the following:
1) Announced the upcoming Music with a View Concerts for Mayor Pro
Tem Kelley, and. detailed the performers.
Page Fifty-Two -City Council Minutes -August 10, 2004
City Treasurer Weber commented on the following:
1) Indicated that he just heard about the impact of the parties buying the
stadium, and noted that he would like to see information on the
financial viability of the people. He noted that he had already told the
City Manager he wanted this information and encouraged the Council
to look at who was buying it.
2) Addressed the policy on travel and noted the form provided. He
indicated that it was written very well and should relieve some of the
controversies when people travel. He stressed that he wanted it
formatted and everyone following the same rules and procedures. He
indicated that it would help the City do better. He commended
Administrative Services Director Pressey on his work.
City Attorney Leibold addressed the Stadium Lease Agreement, which provides
for a three year lease, and an option at the earliest in year two, if certain conditions
are met. She noted that there was a requirement for a qualified investment in
recreation/tourism, but at this point that was a point in the option that had not
matured. She indicated that the lease does not commence, until due diligence has
been completed; but the tenant had been requested to provide a variety of
information, which was anticipated to be received any day. She indicated that the
information would be reviewed by the Council in Closed Session.
Councilman Magee commented on the following:
1) Noted that the new modular home complex behind Sav-on is open
and the landscaping is in. He indicated that staff paid particular
attention to these conditions of approval, and it is a beautiful facility
and a high bar mark in town. He encouraged everyone to go by and
see it.
Page Fifty-Three -City Council Minutes -August 10, 2004
2) Noted that an individual had been before the Council representing the
Trujillo Family Trust in support of Laing and business. He advised
that he individual was kicking out business tenants who had been in
operation for decades. He suggested that this was not a business he
would want to support.
3) Indicated that the renovations at City Hall were entering their fourth
month and staff had assured him it would be done ASAP, or by the
end of the month. He encouraged the public to be patient with staff
and the contractors.
4) Commended Mayor Buckley on a thoughtful, thorough and moving
speech. He apologized to the residents who could not be there to
view the speech, and noted that the event was not t aped. He
indicated that in years past the residents got to hear canned speeches
over and over again, but this was something truly unique and the rest
of the community missed out. He expressed hopes that such a
mistake would not be repeated.
Mayor Buckley commented on the following:
1) Thanked everyone for attending the State of the City event. He
indicated that it was a very nice event and while residents would not
be able to view the delivery, he would make the corrections to the text
for posting on the City's website.
2) Detailed a letter regarding West Nile Virus, and indicated that there
were no cases in Lake Elsinore, but the Vector Control District would
like calls on dead birds. He stressed that people should not touch
them with their hands, but instead wrap them in a plastic bag. He
also pointed out the need to be careful of standing water, and if a
place was noted to contact the Vector Control District. He noted a
letter from the Denley's on Mission Trail and indicated that the area
Page Fifty-Four -City Council Minutes -August 10, 2004
noted was part of the County, which was not covered by Vector
Control. He noted that the Vector Control services were free and
staff would provide a link to their website. He provided the following
phone number to contact the District (951) 340-9792. He indicated
that their representatives were in the City working, every day. City
Manager Watenpaugh noted that a copy of the Denley's letter would
be forwarded to Mr. Stahovich to look at in the County area.
3) Announced the following upcoming events.
August 12 - EDC Lunch at the Stadium with Congressman
Issa
Public Safety Advisory Committee Meeting was cancelled due
to the illness of Chairman Uhlry and their limited
agenda
August 11-Redevelopment Agency Committee Meeting at
City Hall
Music with a View Concerts
August 12 -Prayer Vigil for David Gonzalez at City Park
ADJOURNMENT
THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 8:44
P.M.
AT EST: '
T A BUCKL YOR
(~' CITY OF L ELSINORE
VICKI KA AD, CMC, CITY CLERK/
HUMAN RESOURCES DIRECTOR