Loading...
HomeMy WebLinkAbout09-28-2004 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 28, 2004 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Pro Tem Kelley at 5:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, MAGEE, SCHIFFNER, KELLEY ABSENT: COUNCILMEMBERS: BUCKLEY Also present were: Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Engineering Manager Seumalo, Information/ Communications Manager Dennis, Parks & Open Space Manager Fazzio, Planning Manager Villa, Recreation & Tourism Manager Fazzio, City Treasurer Weber and City Clerk/Human Resources Director Kasad. CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION. Significant exposure to litigation pursuant to subdivision (b) (3)(C) of Gov't Code Section 54956.9 (2 Cases). (F:40.1)(X:52.1) City Attorney Leibold announced the Closed Session discussion as listed above, noting that one of the above listed cases was no longer anticipated litigation, as a petition had been filed. Page Two -City Council Minutes -September 28, 2004 THE REGULAR CITY COUNCIL MEETING WAS CLOSED SESSION AT 5:01 P.M. The Closed Session discussion was completed at 6:10 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M.) TO Mayor Pro Tem Kelley reconvened the Regular City Council Meeting in public session at 7:00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Administrative Services Director Pressey. INVOCATION -MOMENT OF SILENT PRAYER Mayor Pro Tem Kelley led the audience in a moment of silent prayer. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, MAGEE, SCHIFFNER, KELLEY ABSENT: COUNCILMEMBERS: BUCKLEY Also present were: Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Fire Chief Gallegos, Lake & Aquatic Resources Director Kilroy, Police Chief Fetherolf, Engineering Manager Seumalo, Information/Communications Manager Dennis, Parks & Open Space Manager Fazzio, Planning Manager Villa, Police Lt. Anderson, Recreation & Tourism Manager Fazzio, City Treasurer Weber and City Clerk/Human Resources Director Kasad. Page Three -City Council Minutes -September 28, 2004 PRESENTATIONS/CEREMONIALS A. Proclamation -Eagle Scout Matthew Dobler. (F:122.1) Mayor Pro Tem Kelley called Matthew Dobler forward for presentation, and noted that it was a pleasure to be able to present Eagle Scouts with Proclamations. She read and presented the Proclamation to Mr. Dobler and expressed appreciation for his contributions as an Eagle Scout and to the community as role models for youth. Mr. Dobler thanked the Council for this recognition and indicated that it was an honor to attend this meeting. He noted that a lot of energy and assistance were provided by a variety of people to assist them, and thanked them for their assistance. B. Proclamation -Eagle Scout Joshua Romero. (F:122.1) Mayor Pro Tem Kelley called Joshua Romero forward for presentation, and noted that it was an even greater pleasure to present this recognition to one of her former 4th Grade students. She read and presented the Proclamation to Mr. Romero. Mr. Romero thanked the Council for this recognition. C. Proclamation -National Breast Cancer Awareness Month. (F:122.1) Mayor Pro Tem Kelley called Rosa Olaiz forward for presentation. She read and presented the proclamation to Ms. Olaiz. Ms. Olaiz presented the Council with a Certification of Appreciation, and thanked the City Council for this recognition. She noted the upcoming volunteer recognition event on October 1St with over 100 volunteers being recognized. Mayor Pro Tem Kelley noted her loss of a loved one to cancer and emphasized the importance of seeking all possible treatment. D. Presentation -Lake Elsinore Little Leaeue. (F:56.1) Mayor Pro Tem Kelley recognized Linda Shurluff and Tatiana Roach and invited them to the podium. Ms. Shurluff indicated that she was the new Page Four -City Council Minutes -September 28, 2004 president for Lake Elsinore Little League, a group of which she had been part of for eight and a half years. She presented the new logo and noted the City's contributions to that logo. She presented team jackets and caps to Teri Fazzio, Dave Sapp and Jon Fazzio for their assistance. She noted the success of last year's team and noted that they look forward to having a challenger division for severely handicapped kids. She further noted that she was working with Recreation and Tourism Manager Fazzio on possible grant funding. She thanked the City Council for their new snack bar facility, and introduced Tatiana Roach, the auxiliary mom working on the project. Ms. Roach commented that the snack bar would be started within 30 days, and completed within 90 days. She noted the location of the facility and indicated that they would love to have the public come and see the finished product. She indicated that they were still looking for sponsorships and detailed the various levels available. She advised that interested parties could call (951) 805-6460 for more information. She encouraged the public to come out and see them play. Community Services Director Sapp thanked the group on behalf of City staff, and noted that as a Little League parent he understood the sacrifices they made on behalf of their children. Mayor Pro Tem Kelley thanked them for their presentation. e. Presentation - Lea~;ue of California Cities Conference. (F:108.8) Councilman Hickman highlighted the Annual Conference, with the theme United We Stand. He explained that the intent was to push hard for Proposition l.a., which required 51% of either the Senate or the public to pass. He indicated that the second issue they pushed was Proposition 65 which requires a 2/3rds vote of the Senate to take City funds. He advised that he attended several classes and there was a great deal of discussion on the financial status of the State and the compromises that were made. He advised that he also attended a class on the future of government finance, and stressed that the State deficit was a big problem for the cities, but the pending Proposition should help. He commented that it was interesting to note that the special interest group opposed all fiscal reforms. He stressed the importance of a strategy for grant funds, and suggested having one Page Five -City Council Minutes -September 28, 2004 person to write the grants. He noted that if there was an application for a grant, there was a program officer that could keep the City updated on the City's score and provide a copy of the winning grant. He commented on the quality of housing and affordable prices with manufactured homes; and commented that it was not possible to put up tracts of manufactured homes. He indicated that the benefit was for the City was in single City lots. He noted that he also attended sessions with the State officials running for office, the new officers for the League and the general session. He indicated that Councilmember Schiffner, Mayor Buckley and Planning Commissioners iJhlry and O'Neal also attended the Conference. He commented that the Conference was beneficial for everyone and noted that he carried the flag for the City. PUBLIC COMMENTS -NON-AGENDIZED ITEMS -1 MINUTE Lt. Col Paula Graver, 117 Poe Street, noted the Support Our Troops Rally group and thanked those who contributed to the gift packages. She thanked the community for the prayers for her son, and reminded the public that they were still having rallies every Saturday form 10 a.m. to 2 p.m. at Bulger King. She commented that she had a new partner in the Support Our Troops Rallies, being Wanda Abbott, and encouraged prayers for her. She also thanked everyone that honks or waves at the weekly rallies. Pat Clary and Dori Dixon, representing the Rotary Club, announced the Second Annual Art and Wine festival, and noted that admission was free. They advised that the event would be held in the downtown City Park, with wine tasting by the glass or taste, with Vick Knight providing wine lessons. They also noted that there would be microbrewery products, food, and sodas. They indicated that there would be entertainment by Temescal Canyon High School Jazz Band and winners of a music competition, as well as the Ginger Jackson Band. They commented that there would be over 25 art vendors, and art contest and horseshoe contest. They detailed the event sponsors and invited everyone to attend on October 9th. Kathy Annol, representing the Unity in the Community parade committee, thanked the City Council for allowing them to hold the parade on November 20`". She Page Six -City Council Minutes -September 28, 2004 advised that this year the theme was Celebrating Diversity and Tolerance in education. She further advised that the parade would follow the same route as last year, and looked forward to the City's entry in the parade. She thanked Community Services Director Sapp, Recreation/Tourism Manager Fazzio and Parks/Open Space Manager Fazzio for their assistance with the parade. She noted that they had agreed to set up barricades and traffic signs. She further noted that they already had more than 20 entries. She indicated that anyone with questions could call either (951) 674-8423 or (951) 674-4228. George Alongi indicated that he was upset a few weeks ago when a high level staff member was attacked. He indicated that he did not know why Councilman Magee had not called for a point of order. He advised that he was most concerned that it was an assault upon the digs, because a citizen did not agree with what was said. He commented that he was also concerned that staff had approached an elected official, as they should be free to voice their opinions. He stressed the meaning of democracy, and indicated that he felt that person should be dealt with and it should not be handled lightly. Vida Boice, 17 Ponte Negra, directed her comments to Councilman Schiffner, and expressed concern with traffic. She noted that she had mentioned this issue before, but looked at the traffic study for the Condominiums on the Internet. She indicated that it was a nice study, but there continues to be problems on Railroad Canyon Road. She noted that the newspaper had comments about work on Bundy Canyon Road, and questioned why it would have a preference over Railroad Canyon. She questioned the impact of the back basin development on the existing traffic problems; and inquired how the process could be sped up to resolve the safety hazard. She noted that it was even difficult for emergency vehicles in the area. She stressed that a solution 25 years from now was not adequate, as something needed to be done right away. Councilman Schiffner responded to Ms. Boice, noting that the City began a study on the area about four years ago, with nine different designs being submitted to the State. He explained that Caltrans took three years to get back on which ones they would like or not like. He further explained that the staff had been negotiating for Page Seven -City Council Minutes -September 28, 2004 about two years to find a design they would be interested in. He indicated that about 3 to 4 months ago, they City got four alternate designs they would accept; and a contract was just done to have a group do the cost estimates and recommend one. He expressed hopes that it would ultimately be one the State would accept. He noted that he even made a modification on one design and submitted it, based on his past work in the field and input into the process. He advised that was the current situation, and stressed the number of people and amount of time involved in the approval process. He indicated that when a decision was made, it would be at least a year to do the design work, and that would not even address where the money would come from. He stressed the time and money spent so far, and indicated that there were hopes that the back basin project construction would pay approximately $10 million into the TUMF fund, which could be allocated to that specific intersection. He indicated that he did not agree with the Bundy Canyon work, and noted that the County was trying to force the City to spend money on that project. He noted that while there was disagreement between the City and County, they had hired the same traffic engineer to address the situation. He stressed that he understood the concerns and reiterated that work had been ongoing for a long time, but noted that it would probably still be a long time for the acquisition and construction. He suggested that it would get worse before it got better. Councilman Hickman noted that the City kicked in about $800,000 to get another lane under the bridge, and another right turn lane on Grape Street. Councilman Schiffner noted that there was a limitation on how much the City could spend in advance without kicking the project into another category with Caltrans. David Cooper, 29300 Riverside Drive, noted that after Councilman Schiffner's comments he had changed his comments for tonight. He addressed the back basin project lawsuit by the County and suggested that the City did not need another lawsuit. He suggested that the homes in the back basin would make the gridlock worse. He indicated that Murrieta and Temecula Councils were very unpopular due to the traffic issues. He questioned the Council wanting all the new homes and more traffic problems. Page Eight -City Council Minutes -September 28, 2004 Leslie Costello & Vida Boice, 15 and 17 Ponte Negra, addressed the Council and Chief of Police. They indicated that there was an issue that was unresolved for two years, being the problem of illegal dirt bikes and quads on the streets and hillsides of Tuscany Hills. They commented that this was a cancer on the area. They noted that the riders began at 6:45 a.m. on Sunday Mornings, and have no regard for anyone's peace and quiet. They indicated that they had contacted the police and Mayor Buckley. They noted that the off-road vehicle police had tried to do something, but when she called the police, things quieted down for a few days. They indicated that they would like to know if something more permanent could be done. Mayor Pro Tem Kelley deferred to the Police Chief, and noted that they had the same problem in her area. Ms. Costello suggested permanent barriers. CLOSED SESSION REPORT City Attorney Leibold announced that the Council met in Closed Session for discussion of two cases, one anticipated litigation, and the second a CEQA petition filed by the County of Riverside, Lake Elsinore Citizens Against Gridlock and Edith Stafford. She advised that there was no reportable action on either item. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES Requests were received to address the following item and deferred to that discussion: Item No. 21. CONSENT CALENDAR MOVED BY MAGEE, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: Page Nine -City Council Minutes -September 28, 2004 A. Joint Study Session -August 10, 2004. B. Joint Study Session -August 24, 2004. C. Regular City Council Meeting -September 14, 2004. (F:44.4) 2. Ratified Warrant List for September 15, 2004. (F:12.3) 3. Authorized City Manager to Approve an Agreement with The Planning Center to Prepare CEQA Compliance Documents for Tentative Tract Map No. 31957. (F:68.1)(X:160.2) 4. Adopted Resolution No. 2004-61, correcting the Original Report to Council dated June 22, 2004 setting the Appropriations Limits for F/I' 2004-OS at $36,960, 082, as required by Proposition 4. (F:30.1) RESOLUTION N0.2004-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2004-05 FOR THE CITY OF LAKE ELSINORE IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE CALIFORNIA GOVERNMENT CODE. Authorized City Manager to execute the agreement with American Asphalt South, Inc., to provide Slurry Seal Street services in the amount of $219,923.48. (F:68.1)(X:156.1) 6. Approved the transfer of $25,740 from the unallocated revenue to fund the Over Seeding of Parks. (F:114.1)(X:30.1) PUBLIC HEARINGS 21. Zone Change No. 2004-09 Tentative Tract Map No 31792 and Miti ated Negative Declaration No. 2004-06 -Wasson Canyon Investments L P - Page Ten -City Council Minutes -September 28, 2004 Southeast of Highway 74, Northeast of Interstate 15, and East of the Intersection of Conard Avenue and Third Street. Resolution No. 2004-62 and Ordinance No. 1128. (F:160.2) Assistant City Manager Best noted the location of this project. Community Development Director Brady detailedthis project and the components presented for consideration. He explained that the request would divide 59 acres into 191 single family lots. He clarified that it was adjacent to the Ramsgate/Rosetta Canyon project. He advised that only four lots were as small as 6,000 square feet in the tract. He noted discussion of improvements to Conard and Third Streets, and indicated that they were also required to pay fees under the Quimby Act for the installation of parks. Mayor Pro Tem Kelley opened the public hearing at 7:45 p.m., asking those persons interested in this item to speak. The following person. spoke: Ed Fitzpatrick, Director of Development, noted that the project had been before the City for a long time, as it was first approved in 1990, but slowed by the recession. He indicated that there had been a CFD for improvements that was funded and then debunked; so there was presently an agreement for reimbursement on the project. He noted that there were other representatives present to answer questions. Bruce Eichorn indicated that he had owned property in the area for over 35 years. He expressed concern that there was a CFD for over $4 million spent on the project, but the public improvements were sold off in a foreclosure sale. He commented that he was not sure that was a legal action, and noted that there were other problems with the map. There were no further public comments. City Treasurer Weber noted the Council meeting of March 23, 2004, and Page Eleven -City Council Minutes -September 28, 2004 indicated that $151,000 was payable to the City at the approval of the first tract map. He questioned if the money was received. Administrative Services Director Pressey indicated that it had not been received to his knowledge; but if that was correct he would be following up with them. Mr. Weber stressed that the requirement was within 24 months or upon approval of the first tract map. Community Development Director Brady indicated that the money was in escrow at this point. Councilman Magee clarified that the trigger for payment was the approval of the map, and that was the consideration currently before the Council. He indicated that he had several questions at 4 p.m., but pointed out that this developer had resurrected a specific plan from the 1980's, in which lot size of 4,000 would have been allowed, but the average was now in excess of 8,000. He stressed that they had responded to market conditions, Council desires and a commitment to bring a high quality product. Councilman Schiffner noted the additional changes in conditions presented, which should be included in the approval, as requested by the developer. Councilman Hickman indicated that he felt this project was dealing the City out of a mess. City Attorney Leibold noted that there was several actions to be taken and detailed them. Mayor Pro Tem Kelley closed the public hearing at 7:53 p.m. MOVED BY MAGEE, SECONDED BY SCHIFFNER AND CARRIED BY -UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION N0.2004-62. RESOLUTION N0.2004-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING MITIGATED NEGATIVE Page Twelve -City Council Minutes -September 28, 2004 DECLARATION N0.2004-06 AND THE MITIGATION MONITORING PROGRAM THERETO, FOR ZONE CHANGE NO. 2004-09, AND TENTATIVE TRACT MAP N0.31792, ON APPROXIMATELY 59.4+ ACRES LOCATED SOUTHEAST OF HIGHWAY 74, NORTHEAST OF INTERSTATE 15, AND EAST OF THE INTERSECTION OF CONARD AVENUE AND THIRD STREET, AND KNOWN AS ASSESSOR'S PARCEL NOS. 347-330-045, -046, - O50 THRU -053; 347-330-019; 347-360-003, -004 AND -005. MOVED BY MAGEE, SECONDED BY SCHIFFNER TO ADOPT ORDINANCE NO. 1128, APPROVING ZONE CHANGE N0.2004-09, UPON FIRST READING BY TITLE ONLY: ORDINANCE NO. 1128 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE N0.2004-09, CHANGING THE ZONING DESIGNATION FROM "RR - RURAL RESH)ENTIAL" TO "R-1-SINGLE FAMILY RESIDENTIAL" UNDER THE ZONING ORDINANCE, ON APPROXIMATELY 31.25+ ACRES LOCATED SOUTHEAST OF HIGHWAY 74, NORTHEAST OF INTERSTATE 15, AND EAST OF THE INTERSECTION OF CONARD AVENUE AND THIRD STREET, AND KNOWN AS ASSESSOR'S PARCEL NOS. 347-330-019, -045, - 046, -050 THRU -053. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, MAGEE, SCHIFFNER, KELLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCKLEY Page Thirteen -City Council Minutes -September 28, 2004 ABSTAIN: COUNCILMEMBERS: NONE MOVED BY MAGEE, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE TENTATIVE TRACT MAP N0.31792, BASED ON THE FOLLOWING FINDINGS AND EXHIBITS A, B AND D, AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL AS AMENDED: Findings for Mitigated Negative Declaration No. 2004-06: Through development of the proposed project, the immediate natural environmental will change from a natural setting to a suburban one. This change is not necessarily considered a substantial, nor significant degradation to the environment. The project will not substantially reduce the habitat of a fish or wildlife species, nor will it cause a population to drop below self- sustaining levels. The project will not eliminate a plant or animal community, nor reduce the number or range of a rare or endangered plant or animal. The site contains no known historical resources. 2. The proposed project has individual impacts that can be mitigated to below the level of significance. The project's contribution to cumulative noise impacts are insignificant when considered in light of the contribution to traffic noise resulting from projects within the vicinity. No considerable cumulative impacts will occur as a result of the proposed project. 3. Based upon current knowledge as to the nature of the proposed project, the Initial Study does not identify any potential adverse effects on human beings. Findings for Zone Change No. 2004-09: The proposed amendment will not be (1) detrimental to the health, safety, comfort, or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, (2) injurious to property or improvements in the neighborhood or within the City. Page Fourteen -City Council Minutes -September 28, 2004 a. The proposed zoning of R-1 Single Family Residential brings the entire site into conformance with the General Plan designation already on the property of Low Medium Density Residential, 6 dwelling units per acre. b. The proposed zoning of R-1 Single Family Residential is the most similar zoning to the residential development occurring within the adjacent Ramsgate Specific Plan. c. The proposed R-1 zone provides development standards that protect the public healthy, safety and general welfare of persons residing or working within the neighborhoods in the area or within the City. The proposed project shall comply with these standards. d. The project site constitutes an island of existing RR -Rural Residential zoning, between the residential uses in the Ramsgate Specific Plan, R-1 zoning to the south, and existing residential neighborhoods to the west. 2. The proposed amendment will be consistent with the latest General Plan. a. The proposed R-1 zoning is consistent with the existing General Plan designation of Low Medium Density Residential, 6 dwelling units per acre. Findings for Tentative Tract Map No. 31792: 1. The proposed subdivision, together with the provisions for its design and improvements, is consistent with 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 design of the subdivision and density of 3.22 dwelling units per acre are consistent with the proposed General Plan designation of Low Medium Density Residential, up to 6 dwelling units per acre. Page Fifteen -City Council Minutes -September 28, 2004 b. The project proposes single family residential lots ranging in size from 6,000 square feet to 15,700 square feet, which meet the R-1 zoning minimum. 2. The site of the proposed division of land is physically suitable for the proposed density of development in accordance with the General Plan. a. The overall density proposed by this project is consistent with the adjacent Ramsgate Specific Plan. b. The map provides open space areas that protect the natural topography and views. 3. The effects that 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. During the approval of City's General Plan, housing needs, public services and fiscal resources were scrutinized to achieve a balance within the City. 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. Page Sixteen -City Council Minutes -September 28, 2004 a. An Initial Study was prepared for this project which identified potentially significant environmental effects, but proposals made or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur. b. There is no substantial evidence that the project may have a significant effect on the environmental. c. Mitigation measures are required to ensure all potentially significant impacts are reduced to levels of insignificance. Tentative Tract Map No. 31792 has been conditioned to comply with these mitigation measures. 5. The design of the proposed division of land or type of improvements are not likely to cause serious public health problems. a. Tentative Tract Map No. 31792 is conditioned to comply with all development standards of the Rl Single Family Residential Zone. These standards are in place 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 Tract Map No. 31792. b. The adjacent property owner to the west requested access through Tentative Tract Map No. 31792. This map has been designed with "G" Street to stub at the westerly boundary, thereby allowing this connection. c. 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 Seventeen -City Council Minutes -September 28, 2004 Conditions of Approval for Tentative Tract Map No. 31792 PLANNING DIVISION Tentative Tract Map No. 31792 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. 31792 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. 31792, 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 City intends to file a Notice of Determination with the Riverside County Clerk's office within five business days from the approval of this map by the City Council. The applicant shall forward to the Planning Department secretary, a check made payable to the Riverside County Clerk, in the amount of $1,314.00 to pay for the cost of such filing. This check shall be received by the secretary no more than 48 hours from the approval by the Council. 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. 6. The applicant shall comply with the Mitigation Monitoring Program (MMP) adopted for this project, as printed with the adopted Initial Environmental Study/Mitigated Negative Declaration No. 2004-06. Page Eighteen -City Council Minutes -September 28, 2004 7. The applicant shall fund the implementation of the MMP through every stage of development. The City shall appoint an environmental monitor who shall periodically inspect the project site, documents submitted by the applicant, permits issued by the City, and any other pertinent material, in order to monitor and report compliance with the MMP, until the completion of the project. 8. Construction on the property is subject to the terms and conditions of the Land Development Agreement executed by the City and Wasson Canyon Investments, L. P., and as amended. PRIOR TO FINAL TRACT MAP: 9. The applicant shall comply with all Conditions of Approval prepazed by the Riverside County Fire Department as listed in their transmittal dated October 20, 2003 attached. 10. The Elsinore Valley Municipal Water District requires that the applicant construct facilities per the District approved Master Plan. 11. 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. 12. All lots shall comply with the minimum standards of the Rl Single Family Residential zone. a. Corner lots shall have a minimum 7,700 square feet. Lots 109 and 110 shall be redesigned to meet this requirement. b. All lots shall be a minimum 6,000 squaze feet. Lot 68 shall be redesigned to meet this requirement. 13. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 14. Street names within the subdivision shall be approved by the Community Development Director or designee prior to final map approval. 15. All of the improvements shall be designed by the developer's Civil Engineer to the specifications of the City of Lake Elsinore. Page Nineteen -City Council Minutes -September 28, 2004 16. The applicant shall initiate and complete the formation of a homeowners' association (HOA), and provide to the City for review and approval Covenants, Conditions and Restrictions (CC & R's) for said homeowners' association. The HOA shall be responsible for the maintenance of all open space areas and maintenance easement areas. a. All HOA documents shall be approved by the City and recorded, such as the Articles of Incorporation and CC&Rs. b. CC&Rs shall prohibit on-street storage of boats, motor homes, trailers, and trucks over one-ton capacity. o. CC&Rs shall prohibit roof-mounted or front-yard microwave satellite antennas. 17. All lettered lots shall be owned and maintained by the HOA or other entity approved by the Community Development Director and so noted on the Final Map, and until such time as a lot line adjustment is recorded removing a lettered lot from the boundaries of Tentative Tract Map No. 31792. 18. The Final Map shall identify downslopes adjacent to streets as HOA Maintenance Easements or designated Open Space lots. All HOA Maintenance Easements and Open Space lots shall be planted, irrigated and maintained by the HOA. a. The downslope in Lot 3 shall be HOA maintained, unless a lot line adjustment is recorded removing the area comprising Lots 1 through 3 and the half width of "G" Street from the boundaries of Tentative Tract Map No. 31792. 19. Prior to Final Map the applicant shall rename one of the streets both identified as "G" Street on the tentative. PRIOR TO GRADING AND BUILDING PERMITS: 20. Construction shall be restricted until adjacent subdivisions have developed or the applicant obtains arrangements with adjacent property owners to provide fuel modification zones for this project. A Fuel Modification Plan shall be submitted to the Community Development Department for review and approval prior to the issuance of a building permit, and the Fuel Modification Plan shall be implemented prior to issuance of a Certificate of Occupancy for homes adjacent to the Plan area. 21. Construction shall be restricted until primary and secondary access roadways have been constructed through adjacent subdivisions to the site, namely "J" and "I" Streets in Tract Page Twenty -City Council Minutes -September 28, 2004 25478 to Rosetta Canyon Drive, "O" Street in Tract 25478 to Rosetta Canyon Drive, and Rosetta Canyon Drive from "I" Street through Tract 25479 to Highway 74. 22. 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. 23. Upon violation by applicant of the City's Noise Ordinance or Condition of Approval #22, applicant shall cease all construction activities and shall be permitted to recommence such activities only upon depositing with the City a $5,000 cash deposit available to be drawn upon by the City to fund any future law enforcement needs that may be caused by potential project construction violations and the enforcement of the City's Noise Ordinance and Condition of Approval #22. The applicant shall replenish the deposit upon notice by the City that the remaining balance is equal to or less than $1,000. 24. 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. 25. All storm drains which qualify for maintenance by the Riverside County Flood Control and Water Conservation District 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. 26. 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 chazges 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. 27. The applicant shall meet all requirements of the providing electric utility company. 28. The applicant shall meet all requirements of the providing gas utility company. 29. The applicant shall meet all requirements of the providing telephone utility company 30. A bond is required guaranteeing the removal of all trailers used during construction. Page Twenty-One -City Council Minutes -September 28, 2004 31. All signage shall be subject to Planning Division review and approval prior to installation. 32. Landscape Plans for the tract shall include vegetative screening of all retention basins. 33. 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: 34. All future structural development associated with this map requires separate Design Review approval. 35. Elevation drawings for Design Review shall include four-sided architectural features. 36. 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. 37. A detailed fencing plan shall be required for review and approval during the Design Review process. 38. A detailed construction phasing plan shall be required for review and approval during the Design Review process. a. Construction phasing plans shall include the location of construction fencing for each phase. b. Construction phasing plans shall indicate primary and secondary access and the location of all utilities for each phase. a Construction phasing plans shall be designed to avoid construction traffic from entering occupied neighborhoods within the tract. ENGINEERING DIVISION Page Twenty-Two -City Council Minutes -September 28, 2004 39. Dedicate and improve full-width street cross sections of all local roadways. Street cross section G, H, I and a portion of C shall be 36-feet curb to curb on 50-feet ofright-of--way. Street cross section A , B, D, E, F, J, and a portion of C shall be 40-feet curb to curb on 60-feet ofright-of--way. 40. Drainage from Lots B, C, D, E, F, G, I, J and K as well as the slope shared with adjacent tract 25478 shall be conveyed to the public right-of--way either directly or through a drainage easement. Otherwise, drainage acceptance letters shall be obtained in accordance with Condition No. 82 herein. 41. Show cross section along tract boundary with existing tract. 42. Roadway connections between streets A, D, E, G and H and the corresponding existing roadway shall be consistent with City standards for alignment, slope and cross-fall. 43. Provide notazized letter granting permission to construct improvements proposed on adjacent property from the affected property owner. 44. Storm flows conveyed off-site shall be consistent with the pre-developed volumes and mitigated for erosive velocities. Diversion of storm flows shall not be allowed unless otherwise approved by the City Engineer. 45. Street lights shall comply with the Mount Palomar Lighting Requirements. 46. Graded slopes shall not exceed a 2:1 ratio unless otherwise authorized by the City Engineer. 47. 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. 48. Underground water rights shall be dedicated to the Elsinore Valley Municipal Water District (EVMWD) as required by the terms of all Will Serve letters issued by EVMWD. 49. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26). 50. 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. 51. Construct all public works improvements per approved street plans (LEMC 12.04). Plans Page Twenty-Three -City Council Minutes -September 28, 2004 must be approved and signed by the City Engineer prior to final map approval (LEMC 16.34). 52. 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). 53. 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. 54. Interior streets shall be designed with 9% as the desired grade and intersecting streets shall meet at a maximum grade of 6 55. Pay all fees and meet requirements of encroachment pennit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83-78). 56. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 ''/z' x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 57. The applicant shall insta112 permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 58. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to fmal map approval. 59. 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 agait. 60. Provide fire protection facilities as required in writing by Riverside County Fire in their transmittal dated October 20, 2003 attached. 61. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 62. Developer shall annex to the City's Street Lighting and landscaping Maintenance District. 63. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. Page Twenty-Four -City Council Minutes -September 28, 2004 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 tract. 65. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which aze compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. 66. All 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 Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 68. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 69. An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site unless previously performed by the underlying development. In the event the project is outside the study azea, a stamped letter from a Licensed Geologist or Geotechnical Engineer. 70. 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. 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. 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. 73. On-site drainage facilities located outside of road right-of--way should be contained within Page Twenty-Five -City Council Minutes -September 28, 2004 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". 74. 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. 75. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 76. Meet all requirements of LEMC 15.68 regarding floodplain management. 77. In accordance with the Lake Elsinore Municipal Code, the applicant may provide documentation relieving them of the need for FEMA elevation certificates, and request that this condition allow such relief. The applicant shall provide FEMA elevation certificates prior to certificates of occupancy, if required by FEMA regulations. . 78. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District in the event that any storm drain facilities qualify for their maintenance, prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 79. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 80. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 81. Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains should drain to a landscaped area when ever feasible. 82. Ten-year storm runoff should be contained within the curb and the 100 year storm runoff should be contained within the street right-of--way. When either of these criteria is exceeded, drainage facilities should be installed. 83. A drainage acceptance letter will be necessary from the adjacent downstream property owners for outletting the proposed non-historic storm water run-off on adjacent private property. Where outletting non-historic storm water run-off at quantities of flow less than historic storm water run-off onto adjacent private property, such acceptance letters shall not be required. 84. Applicant will be required to install BMP's using the best available technology to Page Twenty-Six -City Council Minutes -September 28, 2004 mitigate any urban pollutants from entering the watershed. 85. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Dischazge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development including maintenance responsibilities. 86. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 87. Applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollutants from pazking azeas and driveway aisles. 88. All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the construction shall be disposed of at appropriate recycling centers. The applicant should contract with CR&R Inc. for recycling and storage container services, but the applicant may use the services of another recycling vendor. Another recycling vendor, other than CR&R Inc., cannot charge the applicant for bin rental or solid waste disposal. If the applicant is not using CR&R Inc. for recycling services and the recycling material is either sold or donated to another vendor, the applicant shall supply proof of debris disposal at a recycling center, including verification of tonnage by certified weigh master tickets. 89. 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. 90. The project shall comply with the mitigation measures recommended by the Traffic Impact Analysis for Tentative Tract Map No. 31792 conducted by Urban Crossroads, Inc. and dated January 13, 2004. a. Additionally, the project shall improve Conazd Avenue from Third Street to Central Avenue by installing sidewalk, curb and gutter, and A.C. paving as needed on both side of Conazd Avenue. Page Twenty-Seven -City Council Minutes -September 28, 2004 b. Additionally, a traffic signal shall be constructed at the intersection of Central Avenue and Conard Avenue before occupancy of the 20~' housing unit if the signal has not been installed by others. This Condition is subject to approval of CALTRANS for the installation of the traffic signal. If CALTRANS determines there aze not sufficient warrants for this traffic signal at the time of building permit issuance, the developer shall post securities in the amount equal to the cost of signal design and construction, until warrants are met, at which time the signal shall be constructed. c. The developer will be responsible for the signal costs in addition to TIF and TUMF fees. The City agrees to enter into an agreement with the developer for reimbursement of the fair share portion of said cost attributable to other future development within the City which can be demonstrated will impact the intersection of Conard Avenue and Central Avenue. COMMUNITY SERVICES DEPARTMENT 91. The applicant shall pay pazk mitigation fees of $1,600 per lot, totaling $305,600 for the project, or contribute an equal amount to the construction of Rosetta Canyon Park. The developer shall pay such fees at the time of the issuance of building permits on a unit by unit basis, unless the lots for which building permits aze being requested are already included in aCity-sponsored Community Facilities District or Assessment District which covers the cost of said fees. 92. The HOA shall maintain all retention areas, drainage facilities and catch basins. 93. The HOA shall maintain all manufactured slopes, landscaping and trails if any, located within the open space lots or in the public right-of--way. 94. The HOA shall maintain all entry landscaping, parkways and open space. 95. No pazk credits shall be given for mitigation of retention azeas. 96. All street intersections shall be constructed with concrete ribbon gutters for nuisance and storm water flow control. 97. The developer shall adhere to all City ordinances as they relate to recycling of construction debris and removal. 98. The developer shall provide the City with a digital inventory on all streets, street signs, Page Twenty-Eight -City Council Minutes -September 28, 2004 street markings, and street trees in a format acceptable to the City. ADMINISTRATIVE SERVICES DEPARTMENT 99. Prior to issuance of the first building permit, the developer shall annex into Community Facilities District No. 2003-O1 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. 100. Prior to issuance of the first building permit, the applicant shall annex into Lighting and Landscape Maintenance District No. 1 to offset the annual negative fiscal impacts of the project on public right-of--way landscaped areas to be maintained by the City, and for street lights in the public right-of--way for which the City will pay for electricity and a maintenance fee to Southern California Edison. 22. Tentative Parcel Map No. 32575 -Alicia Graff. (F:110.2) Community Development Director Brady explained this item and noted that the average lot size was 'h acre. Mayor Pro Tem Kelley opened the public hearing at 7:55 p.m., asking those persons interested in this item to speak. There were no requests to speak from the audience. Donald Ash, 1131 Mill Street, indicated that the Council seemed to feel that every project should be approved. He stressed the problems of development and suggested that they were not being considered. He stressed that the Council was not facing the traffic issues. Councilman Magee responded to Mr. Ash and noted that this project was four lots with '/z acre residential parcels with full improvement of the access road. He indicated that he did not consider the impacts substantial and he felt it was creating a nice equestrian area. Mayor Pro Tem Kelley closed the Public Hearing at 7:57 p.m. MOVED BY MAGEE, SECONDED BY SCHIFFNER TO APPROVE Page Twenty-Nine -City Council Minutes -September 28, 2004 TENTATIVE PARCEL MAP N0.32575 BASED ON THE FOLLOWING FINDINGS AND EXHIBIT A; AND SUBJECT TO THE FOLLOWING FINDINGS: Councilman Hickman inquired about Larson Street, and if it was possible to do the whole street, rather than a small area. Community Development Director Brady noted that the applicant would be required to improve the road in front of the project, but the other portion would have to be a capital improvements project. Councilman Hickman requested that staff investigate including it as a capital improvement project. Assistant City Manager Best confirmed that staff would look at it. Councilman Magee suggested adding it to the unfunded capital improvement projects list. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT. FINDINGS: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the City General Plan, the R-1 Zoning District, Title 16 of the Municipal Code relating to Subdivisions; and the State Subdivision Map Act. The project is consistent with the designated land use planning areas, development and design standards, and all other appropriate requirements contained in General Plan, City Municipal Code, and Subdivision Map Act. 2. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The project is consistent with the land use plan, development and design standards and programs, and all other appropriate requirements contained in the General Plan. 3. The effects this proposed subdivision is likely to have upon the housing needs of the region, the public service requirements of its residents, and the available fiscal and environmental resources have been considered and balanced. The project is consistent with the City's General Plan and it will provide necessary public Page Thirty -City Council Minutes -September 28, 2004 services and facilities, will pay all appropriate fees, and will not result in any adverse environmental impact. 4. The design of the subdivision provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3). The project will comply with all appropriate conservation requirements of the City and Uniform Building Code. CONDITIONS OF APPROVAL PLANNING DIVISION Genera[ 1. Tentative Parcel Map No. 32575 will expire two years from date of approval unless within that period of time a Final Map has been filed with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. Additional extensions of time (36 months maximum time per the Subdivision Map Act) may be granted per City Council approval. 2. Tentative Parcel Map No. 32575 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code (LEMC), unless modified by approved Conditions of Approval. 3. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning implementation and construction of the Canyon Creek/Summerhill Specific Plan, which action is bought within the time period provided for in California Govenunent 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. 4. The applicant shall deposit a check in the amount of $64.00 payable to the Riverside County Clerk. This fee is necessary for filing a "Notice of Exemption" in compliance with CEQA. Page Thirty-One -City Council Minutes -September 28, 2004 PRIOR TO FINAL TRACT MAP 5. All lots shall comply with minimum standards contained in the R-1 Zoning District. 6. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. Street names within the subdivision shall be approved by the Community Development Director or Designee. PRIOR TO DESIGNREVIEWAPPROVAL 8. The applicant shall comply with all conditions of the Riverside County Fire Department. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 10. All future structural development associated with this map requires separate Design Review approval. 11. Prior to issuance of any grading permit and/or building permit, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 12. The applicant shall comply with the following City programs: the City Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. PRIOR TO ISSUANCE OF BUILDING PERMIT 13. Prior to issuance of building permit, the applicant shall submit a letter of verification (will- serve letter) to the City Engineer, for all required utility services. 14. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 15. Pay all applicable fees including park fees. 16. The applicant shall meet all requirements of the providing electric utility company. 17. The applicant shall meet all requirements of the providing gas utility company. Page Thirty-Two -City Council Minutes -September 28, 2004 18. The applicant shall meet all requirements of the providing telephone utility company. 19. A bond is required guaranteeing the removal of all trailers used during construction. 20. All signage shall be subject to Planning Division review and approval prior to installation. 21. The City's Noise Ordinance shall be met during all site prepazation activity. Construction shall not commence before 7:00 AM and cease at 5:00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. ENGINEERING DIVISION 22. Dedicate full half-width of Lazson Road on the project frontage such that the centerline of Lazson to the property line measures thirty (30) feet. 23. Construct full half-width street improvements along the project frontage for Lazson Road. Half roadway section shall measure twenty (20) feet from centerline of Larson to the curb face. Street improvements shall include curb, gutter, roadway, sidewalk and landscaping as required for the City standard local road. 24. Dedicate City standard cul-de-sac for `A' Court. Throat width shall be sixty (60) feet of right-of--way with a minimum thirty-six (36) foot curb to curb section. 25. Storm flows conveyed in the earthen channel shall not be altered unless approved by the City Engineer. 26. 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. 27. Street improvements on Lazson Road shall be tapered to meet with the existing roadway. Minimum taper rate shall be 10:1. 28. Pad elevations shall be one (1) foot above the hundred (100) yeaz FEMA flood elevation. 29. Provide slope protection along channel slopes adjacent to lots 3 & 4. Slope protection shall mitigate velocities and erosive conditions found in the approved Hydrology Report 30. Widen roadway section across drain pipes and extend the drain pipe and inlet structure to Page Thirty-Three -City Council Minutes -September 28, 2004 accommodate the widened roadway section. Roadway half-width shall be twenty (20) feet centerline to end of pavement. Traffic safety device shall be installed across storm drain pipe. 31. Improve access to multi-use trail by installing a method of containing gravel while maintaining All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to issuance of building permit. 32. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. 33. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26). 34. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to issuance of building permit. 35. 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). 36. 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). 37. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to issuance of Building Permit. 38. Interior streets shall be designed with 9% as the desired grade and intersecting streets shall meet at a maximum grade of 6 %. 39. Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83- 78). 40. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 ''/z" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. Page Thirty-Four -City Council Minutes -September 28, 2004 41. The applicant shall install two (2) permanent bench marks to Riverside County Standazds and at a location to be determined by City Engineer. 42. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 43. 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. 44. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 45. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 46. 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 Pazking and Street Sweeping Signs for streets within the tract. 47. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 48. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yazds or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yazds and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 49. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 50. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site or provide documentation from a Professional Geologist or Geotechnical Engineer that this is not required. 51. All grading shall be done under the supervision of a geotechnical engineer and he shall _ Page Thirty-Five -City Council Minutes -September 28, 2004 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. 52. Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 53. On-site drainage facilities located outside of road right-of--way should be contained within drainage easements shown on the fmal map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions". 54. 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. 55. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 56. Meet all requirements of LEMC 15.68 regarding floodplain management. 57. The applicant to provide FEMA elevation certificates prior to certificate of occupancies 58. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 59. Roof and Yazd drains shall not be allowed to connect directly through cuts in the street curb. Roof drains should drain to a landscaped area when ever feasible. 60. 10 yeaz storm runoff should be contained within the curb and the 100 year storm runoff should be contained within the street right-of--way. When either of these criteria is exceeded, drainage facilities should be installed. 61. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 62. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Boazd for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development including maintenance responsibilities. Page Thirty-Six -City Council Minutes -September 28, 2004 63. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading pernuts. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 64. 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 stonnwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 65. Applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 66. 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. 67. 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, cleaz and grubbing or all other phases of construction. ADMINISTRATIVE SERVICES DEPARTMENT 68. Prior to the issuance of the first building permit, the applicant shall annex into Community Facility District 2003-01 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. 69. Prior to issuance of the first building permit, the applicant shall annex into Lighting and Landscape Maintenance District No. 1 to offset the annual negative fiscal impacts of the project on public right-of--way landscaping areas to be maintained by the City and for street lights in the pubic right-of--way for which the city will pay for electricity and a maintenance fee to Southern California Edison. 33. Tentative Condominium Man No. 32670 & Residential Design Review No. 2004-10 - D.R. Horton. (F:138.2) Page Thirty-Seven -City Council Minutes -September 28, 2004 Community Development Director Brady explained this item and detailed the items for consideration. He indicated that they would be located on Lakeshore Drive, on the site of the old driving range. He noted that this project by D.R. Horton was part of the East Lake Specific Plan area. He explained that it would be a high density project on approximately 9-1/2 acres. He noted the exhibits presented, showing designs in the Spanish and French styles. He detailed the lot configuration, and noted that there would also be a pool, tot lots and a recreation building. Mayor Pro Tem Kelley opened the Public Hearing at 8:00 p.m., asking those persons interested in this item to speak. The following people spoke: Chris Faber, representing the applicant, 119 N. Maple Street, Suite A, Corona, noted that staff and the consultant were present to answer questions. Joseph Boice, 17 Ponte Negra, indicated that the Council had done nothing for traffic but to keep building. He suggested that there would someday be bumper to bumper traffic on Main Street. He stressed the need to make sure there was a good way out of town. He indicated that his wife moved him to Lake Elsinore and he has been sorry ever since. He commented that he saw no improvement. Dan Uhlry, Planning Commissioner, 103 Flint Street, noted that he had abstained from voting on this project. He indicated that he liked the project concept and design, but disagreed with the building and staff on the project elevation. He explained that it had been lowered to 1264', with the suggestion that there was only a two foot wave wash on the Lake. He advised that all other projects around the Lake perimeter had been established at 1265'. He expressed concern with setting a precedent; and stressed that he would like to see it remain at 1265'. Community Development Director Brady clarified the discussion about the wave wash and the flood level. He explained that the requirement was Page Thirty-Eight -City Council Minutes -September 28, 2004 1264' plus a maximum of a three foot wave wash. He indicated that there was discretion for the flood plain administrator, if information is presented to indicate that the wave run up could be lowered due to the location of the property. He noted that there was a comprehensive study required and if the engineer felt comfortable with the study findings he could change the requirements. Councilman Schiffner commented that the proposed project was a first class development, and the beginning of a completely new set of developments in the area. He suggested that it would start a trend of very upscale development in the area and indicated that he was pleased to see it go forward. Councilman Hickman questioned the concerns expressed by Planning Commissioner iJhlry; and noted that if East Lake was being held to 1267', -- then this area should be held there as well. He noted that when water comes down the inflow channel, there will be greater volume. He indicated that he was also concerned about the fence and walls along the back of the project. He commented that he appreciated the six foot block wall fence, but expressed concern with the water front. He suggested a view fence of the beautiful view that would be there in the future. He stressed the 1267' elevation and requested that the developer give thought to the finished pad. Councilman Magee addressed the elevation issue and noted that only one pad would be below the 1267' at 1266.9'. He inquired of the City Engineer, if this was the case. Engineering Manager Seumalo indicated that it was at the time of the Planning Commission consideration, but noted that he had not seen the changes presented for this meeting. He clarified that the project applicant presented a wave run-up study which he reviewed and discussed with the person who did the study. He noted that the study presented three degrees of safety, and with the combination of wind velocity and a 100 year flood were unlikely. He noted that the water would be dissipated. He commented on his initial insecurity with the elevation, but explained that the study showed that the elevation could be lowered by 1.3 or 1.4 feet. Page Thirty-Nine -City Council Minutes -September 28, 2004 Councilman Magee inquired if the units at that elevation would be eligible for flood insurance. Engineering Manager Seumalo confirmed. Mayor Pro Tem Kelley closed the Public Hearing at 8:05 p.m. MOVED BY SCHIFFNER, SECONDED BY MAGEE TO APPROVE TENTATIVE CONDOMINIUM MAP N0.32670AND RESIDENTIAL DESIGN REVIEW N0.2004-10, BASED ON THE FOLLOWING FINDINGS AND EXHIBITS A THRU bb, AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. Councilman Magee noted the concerns with the 1266' elevation and inquired if it would be possible to make the 1267' elevation, using dirt on the site. Engineering Manager Seumalo confirmed. Mr. Faber indicated that there was not enough available dirt, and they would have to import - more. Engineering Manager Seumalo indicated that if they dug the basin deeper there would be enough. Councilman Magee requested that the maker amend the motion to require all pads to be over 1267' in elevation. THE MOTION WAS AMENDED BY THE MAKER, AS REQUESTED BY SECOND TO REQUIRE THAT ALL PADS BE OVER 1267 IN ELEVATION. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT. FINDINGS -CONDOMINIUM SUBDIVISION 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 project as designed assists in achieving the development of awell-balanced and functional mix of residential, commercial, industrial, open space, recreational and Page Forty -City Council Minutes -September 28, 2004 institutional land uses (GOAL 1.0, Land Use Element) as well provide decent housing opportunities and a satisfying living environment for residents of Lake Elsinore (GOAL 1.0, Housing Element) 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. Considering the effects this project is likely to have upon the needs of the region a condition of approval was implemented which would require the applicant to enter into an agreement with the Redevelopment Agency of the City of Lake Elsinore, providing IS% of the units in the project as affordable housing units in accordance with the requirements of Section 33413(b) of the California Community Redevelopment Law or an alternative equivalent action which may include (without limitation) dedication of vacant land, construction of affordable units on another site, or payment of an in lieu fee calculated to provide sufficient funds to underwrite the long-term affordability of an equivalent number of affordable dwelling units constructed or substantially rehabilitated on other sites within the City's redevelopment project areas. 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. 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 Govenunent Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 2. The applicant shall submit a money order, cashier's check or check, made payable to the County Recorder, in the amount of sixty-four dollars ($64.00) to the Planning Division within 48 hours of the approval date for the required Environmental Filing. _ Page Forty-One -City Council Minutes -September 28, 2004 TENTATIVE CONDOMINIUM MAP N0.32670 3. Tentative Condominium Map No. 32670 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. 4. The Tentative Condominium 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. 5. Prior to final certificate of occupancy of Tentative Condominium 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 the first certificate of occupancy icc::u:ac:, °F ° ~~°a:rrt r°~~', the applicant shall prepare and record CC&R's against the condominium complex. 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. (Amended per the Planning Commission on September 7, 2004). 7. The applicant shall incorporate specific language into the CC&R's which restrict exiting at the secondary access to emergencies only. 8. No unit in the development shall be sold unless a corporation, association, property owner's 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/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the Page Forty-Two -City Council Minutes -September 28, 2004 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. Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the covenants, conditions and restrictions for each project. 10. Membership in the Home Owner's Association shall be mandatory for each buyer and any successive buyer. 11. Reciprocal covenants, conditions, and restrictions and reciprocal maintenance agreements shall be established which will cause a merging of all development phases as they aze completed, and embody one (1) homeowner's association with common area for the total development of the subject project. 12. In the event the association or other legally responsible person(s) fail to maintain said common azea 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. 13. Each unit owner shall have full access to commonly owned areas, facilities and utilities. 14. The applicant shall continue to comply with those mitigation measures identified in the Mitigation Monitoring Program adopted with the Environmental Impact Report (State Cleazinghouse No. 992092027) prepared for the East Lake Specific Plan Amendment No(s) 1 and 2. 15. The applicant shall enter into an agreement with the Redevelopment Agency to either provide affordable units in accordance with the provisions of the California Redevelopment Law, appropriate in-lieu-of fees, or a combination of both. RESIDENTIAL DESIGN REVIEW N0.2004-10 16. Design Review approval for Residential Design Review No. 2004-10 will lapse and be void unless building permits are issued within one (1) year of City Council approval. The Community Development Director may grant an extension of time of up to one (1) year per extension, prior to the expiration of the initial Design Review approval. Application Page Forty-Three -City Council Minutes -September 28, 2004 for a time extension must be submitted to the City of Lake Elsinore one (1) month prior to the expiration date. 17. 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. 18. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 19. 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 aze not visible from neighboring property or public streets. Any material covering the roof equipment shall match the primary wall color. 20. The azchitectural design of the "pump site" building shall be consistent with the condominium buildings proposed herein. 21. 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 azchitectural style of the building. 22. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee. 23. No exterior roof ladders shall be permitted. 24. Applicant shall use roofmg materials with Class "A" fire rating. 25. All exterior downspouts shall be concealed or architecturally screened and painted to match the exterior color of the building. 26. 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. Page Forty-Four -City Council Minutes -September 28,2 004 27. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 28. Decorative paving shall be included at the drive entryways and shall be shown on the construction drawings submitted to Building and Safety. 29.On-site surface drainage shall not cross sidewalks. 30. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 31. 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 32. The applicant shall comply with all requirements established by the Multiple Species Habitat Conservation Plan (MSHCP). 33. 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. 34. Prior to the commencement of grading operations, the applicant shall provide a map of all proposed haul routes to be used for movement of dirt material. Such routes shall be subject to the review and approval of the City Engineer. A bond may be required to pay for damages to the public right-of -way, subject to the approval of the City Engineer. 35. 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 fmal landscape approval based on the Consultant's fee plus forty percent (40%) City fee. a) All planting areas shall have permanent and automafic 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 Forty-Five -City Council Minutes -September 28, 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 to provide for 50% pazking 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 yeazs 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. 36. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District (EVMWD). Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 37. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. Page Forty-Six -City Council Minutes -September 28, 2004 38. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 39. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. PRIOR TO ISSUANCE OF A BUILDING PERMIT 40. Prior to the issuance of building permits, the applicant shall enter into an agreement with the Redevelopment Agency of the City of Lake Elsinore to provide 15% of the units in the project as affordable housing units in accordance with the requirements of Section 33413(b) of the California Community Redevelopment Law or an alternative equivalent action which may include (without limitation) dedication of vacant land, construction of affordable units on another site, or payment of an in lieu fee calculated to provide sufficient funds to underwrite the long-term affordability of an equivalent number of affordable dwelling units constructed or substantially rehabilitated on other sites within the City's redevelopment project areas. 41. The Home Owner's Association shall be established prior to the occupancy release of the first dwelling unit. ENGINEERING 42. Import fill material shall not be permitted. 43. The applicant shall dedicate full half-width of Lakeshore Drive on the project frontage such that the centerline to property line measures sixty (60) feet. 44. Construct full half-width street improvements along the project frontage for Lakeshore Drive. Half roadway section shall measure forty-eight (48) feet from centerline to curb face. Street improvements shall include curb, gutter, roadway, sidewalk and landscaping as required for the City standard local road. 45. Re-stripe Lakeshore Drive to provide for left turn movements in and out of the project. Left turn movements into the project shall require a left turn pocket designed to handle the stacking and design speed of Lakeshore. 46. Curb side parking shall not be permitted on the drive isles or alley ways. 47. Construct a desiltation basin to mitigate for clean water runoff. Page Forty-Seven -City Council Minutes -September 28, 2004 48. Construct the transitions along Lakeshore Drive such that the storm water flows are not blocked. 49. The top of building foundation elevations shall be constructed at or above the 1266 foot elevation. 50. Provide two cross sections for each side between the project and the existing, adjacent property. Cross sections shall be shown and approved on the rough grading plan. 51. Provide protection from sewage spilling into the desiltation basin or lake inlet channel. 52. The roadway adjacent to the inlet channel shall meet with the Fire Department's turnazound requirements. 53. The outlet point of the desiltation basin shall protect the existing slope against erosive velocities and erosion. S4. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. 55. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26). 56. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to issuance of building permit. 57. 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). 58. 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). 59. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to issuance of Building Permit. Page Forty-Eight -City Council Minutes -September 28, 2004 60. Interior streets shall be designed with 9% as the desired grade and intersecting streets shall meet at a maximum grade of 6 61. Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83-78). 62. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/z" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 63. The applicant shall install two (2) permanent bench mazks to Riverside County Standards and at a location to be determined by City Engineer. 64. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 65. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 66. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 67. Developer shall install blue reflective pavement mazkers in the street at all fire hydrant locations. 68. A««/:,...«+ ..1...11 ....1....;+ ., +«..CF... ....«+«..1 «l..« ~1.....~«.. ..11 +«..FF... ....«+«..1 .7 e.,:..e.. F «+t.e +«.,..+ +.. l,e .. ,va +.. ~«..1 .... ...1 A 11 •«..CF,. ,.,.«+«..1 .le.,:,.o.. ..1...11 1.,. c+«oe+ e...ee«:«,. e:,.«.. ~ « ..+«ee+.. ...:+,,:« +,.e +_.,,.+ (Deleted per the Planning Commission on September 7, 2004). 69. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 70. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so Page Forty-Nine -City Council Minutes -September 28, 2004 that a cursory drainage and flow pattern inspection can be conducted before grading begins. 71. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 72. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site or provide documentation from a Professional Geologist or Geotechnical Engineer that this is not required. 73. 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. 74. 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. 75. 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. 76. 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 fmal map stating: "Drainage easements shall be kept free of buildings and obstructions". 77. 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. 78. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 79. Meet all requirements of LEMC 15.68 regarding floodplain management. 80. The applicant to provide FEMA elevation certificates prior to certificate of occupancies 81. 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 Page Fifty -City Council Minutes -September 28, 2004 shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 82. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 83. Roof and Yazd drains shall not be allowed to connect directly through cuts in the street curb.. Roof drains should drain to a landscaped area when ever feasible. 84. 10 yeaz storm runoff should be contained within the curb and the 100 yeaz storm runoff should be contained within the street right-of--way. When either of these criteria is exceeded, drainage facilities should be installed. 85. Applicant will be required to install Best Management Practices (BMP) using the best available technology to mitigate any urban pollutants from entering the watershed. 86. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Boazd for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development including maintenance responsibilities. 87. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Boazd for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 88. 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 met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 89. Applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 90. Intersection site distance shall meet the design criteria of the CALTRANS Design Manual (particulaz attention should be taken for intersections on the inside of curves). If site Page Fifty-One -City Council Minutes -September 28, 2004 distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. 91. Anangements shall be made between the City and the applicant for fiscal impacts by the project prior to issuance of the first building permit. The applicant shall participate in a Cost Recovery Program or make other arrangements with the City to offset the annual negative fiscal impacts of the project on public safety and maintenance issues in the City, including city-wide improvements and facilities relating to fire and police protection and maintenance of roadways. 92. 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. C O MM UNI T Y S E R V I C E S D E PA R T MEN T 93. Applicant shall pay park fees in the amount of $197,400.00 (141 units @ $1,400 ea.). 94. No pazk credits shall be given for private park areas, open space, or recreation facilities constructed within the development. 95. The developer shall utilize CR&R for all construction debris removal, hauling, and recycling as per City ordinance. 96. The City landscape architect shall review and approve all landscaping plans. 97. The Home Owner's Association (HOA) shall maintain all landscaped areas including landscaping fronting Lakeshore Drive, open space, water quality basin and all interior plantings. 98. The Home Owner's Association (HOA) shall maintain all block walls and keep them free of graffiti. 99. The controlled emergency vehicular access road shall be maintained to meet all Fire Department requirements. 100. All interior roads, street signs, street markings, sidewalks, enhanced concrete to be maintained by the Home Owner's Association (HOA). Page Fifty-Two -City Council Minutes -September 28, 2004 101. Water quality basin outlet to meet all requirements of the Riverside County Flood Control, Army Corps of Engineers and the City of Lake Elsinore. DEPARTMENT OFADMINISTRATIVE SERVICES 102. Prior to the issuance of the first building permit, the applicant shall annex into Community Facilities District 2003-O1 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. 103. Prior to the issuance of the first building permit, the applicant shall annex into Lighting and Landscape Maintenance District No.l 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. RIVERSIDE COUNTYFIRE DEPARTMENT 104. The applicant shall comply with all requirements of the Riverside County Fire Department. Fire protection measures shall be provided in accordance with Riverside County ordinances and/or recognized fire protection standazds. 105. Blue retro-reflective pavement markers shall be mounted on public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of mazkers shall be approved by the County Fire Department. CONDITIONAL USE PERMIT NO 2004-24 106. Conditional Use Permit No. 2004-24 approved 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 yeaz, a building permit is issued and construction commenced and diligently pursued toward completion on the site. 107. 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. 108. 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. 109. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold Page Fifty-Three -City Council Minutes -September 28, 2004 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 Conditional Use Permit/Design Review C 2003-07, which action is brought forward 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. 110. 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. 111. 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. 112. 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. BUSINESS ITEMS 31. Public Safety Advisory Committee Resignation & Appointment. (F:59.6) Councilman Magee recognized the resignation of Mr. Raymond Moon from the Public Safety Advisory Committee; and noted his activities in the Community. He noted that Mr. Moon is a business owner, active in his church and the father of three children; and those pressures have led him to regretfully offer his resignation. He indicated that he approached Mr. Bill Arnold to determine his willingness to serve on the Commission; and he confirmed that he was interested in doing so. Page Fifty-Four -City Council Minutes -September 28, 2004 MOVED BY MAGEE, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ACCEPT THE RESIGNATION OF RAYMOND MOON WITH REGRETS AND APPOINT BILLARNOLD III TO THE PUBLIC SAFETY COMMISSION. 32. Biennial Review of the Conflict of Interest Code for the Citv of Lake Elsinore and the Redevelopment Agency of the City of Lake Elsinore. (F:116.5) Assistant City Manager Best explained that this was a housekeeping issue required by State code. She advised that the City Attorney and City Clerk had reviewed and updated the materials per the Code. MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ACKNOWLEDGE RECEIPT OF THE NOTICE FOR AMENDMENTS TO THE CONFLICT OF INTEREST CODE AND DIRECT THE CITY CLERK TO FILE THE 2004 LOCAL BIENNIAL NOTICE WITH THE FAIR POLITICAL PRACTICES COMMISSION BY OCTOBER 1, 2004, INDICATING THAT AN AMENDMENT TO THE DESIGNATED EMPLOYEES LIST IS REQUIRED. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:09 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:31 P.M. PUBLIC COMMENTS -NON-AGENDIZED ITEMS - 3 MINUTES Alan Young, Alesco Development, noted their projects along Corydon Road, and noted the business they have brought to the community including Compu-Truss, Quality Foam and noted that they retained Vertigo in the community. He indicated that they also built additional projects and had a number under development conceptually. He advised that in total their projects are in excess of $100 million in Lake Elsinore. He explained that their effort were to address the Page Fifty-Five -City Council Minutes -September 28, 2004 demand, but also because they experienced a "can do" attitude with staff. He indicated that staff was workable, efficient, concerned and considerate, with Dick Watenpaugh at the head of the team. He expressed concern that his contract was not renewed; and stressed his experience in meeting with staff to bring in new business. He stressed that staff was instrumental in helping them draw the businesses. He indicated that there was efficiency from the bottom to the top of the organization. He reiterated that there was a "can do" attitude throughout the staff based on a directive from the top. He noted his frustrations in other communities and indicated that he did not want to see a change at the top or a trickling down of change. He stressed that staff was knowledgeable and did a great job. Donald Ash, 1131 Mill Street, commented that he understood that Mrs. Kelley and her husband went bankrupt and questioned her on her practices. He questioned if she was qualified to oversee the operation of the City, based on her personal affairs. Mayor Pro Tem Kelley noted that the events listed occurred more than eight years ago. Edith Stafford, 29700 Hursh, noted that she wasn't going to speak at this meeting until the gentlemen spoke earlier. She indicated that he does not speak for her or many other people, concerning the City Manager. She advised that she thought the Council had made the right step in the right direction. She commented that people in selfish ways could point out good things they claim are going on; but noted that she had not seen the man before and all of a sudden he was saying how wonderful things were. She disagreed and indicated that things were not wonderful, as there were many underlying problems in the City, which needed to be faced and cleaned up. She suggested that until then the City would never run smoothly. She commented that one could make excuses and point fingers, but the truth would remain. CITY MANAGER COMMENTS Assistant City Manager Best commented on the following: Page Fifty-Six -City Council Minutes -September 28, 2004 1) Congratulated the Eagle Scouts recognized this evening. 2) Addressed Ms. Boice & Ms. Costello, and offered her card and willingness to meet with them. She noted that there were a number of other areas with the same problems. 3) Congratulated City staff member in Public Works, Jason Dugan on the birth of his child, a 91b. 5 oz. baby boy. 4) Announced that City Hall was now open on Fridays for improved public service. She noted that the staff was split on Fridays, so it would be a good idea to check with staff to see when they are available. 5) Thanked the Little League for their recognition of the improvements to the concession and restroom building at Swick/Matich park, and noted that it was a Capital Improvement Project of over $400,000. 6) Thanked Ray Moon for his service to the community, and noted that staff would draft a letter of thanks. 7) Offered best wishes to City Manager Dick Watenpaugh, noting that he was on medical leave and hoped to return around the first of November. CITY ATTORNEY COMMENTS City Attorney Leibold commented on the following: 1) Clarified that every development project that comes forward starts with an application and a variety of studies and is subject to a variety of conditions of approval. She explained that the required public improvements included in the conditions of approval are based on the impacts of the projects. She noted that they are also subject to TIF Page Fifty-Seven -City Council Minutes -September 28, 2004 fees, and regional TUMF fees to provide financing for City-wide and region wide improvements. She explained that the conditions were not always publicly specified, but were part of the project. She stressed that the impacts were addressed when improvements were approved. 2) Extended best wishes to the City Manager. COMMITTEE REPORTS No Reports. CITY TREASURER COMMENTS City Treasurer Weber commented on the following: 1) Thanked Councilman Hickman for getting the sidewalks painted in front of Cottonwood Elementary for the safety of the students. 2) Noted his September 9th memo to the Council regarding the State Attorney General's opinion on lunches at City expense. He suggested that for a City like this it should not be done and questioned why that regulation was not being followed. He indicated that if the matter went to court, City money would not be used to take people to lunch. He questioned if there was an awareness of this law prior to his memo, and requested that Councilman Magee give the matter to the auditor. 3) Noted that the Stadium deal was defunct and had been an expensive lesson. He indicated that the City spent $66,000 in legal fess and inquired if there would be a refund of some of that money. He noted that the Storm also included about $20,000 in legal fees. He reiterated that there should be refunds, since it was a dead deal. Page Fifty-Eight -City Council Minutes -September 28, 2004 CITY COUNCIL COMMENTS Councilman Schiffner commented on the following: 1) Indicated that it was obvious that people did not understand what a CFD was. He pointed out that there were two ways a developer developed, either the CFD is used to pay for part of the project, or they front their own money. He indicated that it was all the same as the homeowner either pays the money up front or over a period of years via the CFD. He stressed that either way the cost was passed on to the homeowner. He noted that his house did not come with Mello- Roos, and he had to pay for the improvements up-front. Councilman Hickman commented on the following: 1) Noted that he represented the City at the Student of the Month Program, and indicated that it made him appreciate the future kids. He commented on the problems the kids had overcome. 2) Indicated that he was going to request two study sessions, the first on the Street Sweeping Ordinance. He noted that there were concerns that the streets got clean and people were not ticketed after the streets were cleaned. He also requested a study session on the CFD Policy, noting a rumor around town which made him want to be sure the City was protected with CFD's. 3) Thanked City Treasurer Weber for his thanks, and recommended that the similar curb painting at Machado Elementary. He suggested that the Safety Committee address signage to protect the kids. 4) Indicated that he enjoyed the League of Cities Conference. Councilman Magee commented on the following: Page Fifty-Nine -City Council Minutes -September 28, 2004 1) Addressed Mr. Boise's comments on Railroad Canyon Road, and noted the long and short term goals to work with Caltrans and RCTC. He noted that $13.5 million was recently approved to make improvements over the next five years. He further noted that nearly $1 million had been allocated by the City to expand the existing lanes. He also noted that next month there would be two new motorcycle officers targeting the area to keep the traffic flowing. 2) Addressed credit cards and indicated that was part of the ongoing Audit; and expressed hopes that there would be a policy developed that made everyone feel comfortable with the use of City credit cards. 3) Commented that politics was a tough game, and suggested that spirited debate on the issues was appropriate, but person attacks were not. He requested that if anyone had a problem with him, that they talk to him personally and not on t.v. Mayor Pro Tem Kelley commented on the following: 1) Announced the upcoming Special Events including: October 2"a -City-wide Clean-up from 7 a.m. to 1 p.m. for City residents with a hot pink flyer. October 2"d -Household Hazardous Waste Collection from 9 a.m. to 2 p.m. October 3`d -Open Air Market October 4tn - Stn -Rummage Sale at the Women's Club October 9th -Rotary Club Art and Wine Festival Support the Troops Rallies -Every Saturday. Assistant City Manager Best noted that there had been some confusion in the past on when Council gave direction and how it was implemented. She requested Council consensus that they wanted the two study sessions requested by Page Sixty -City Council Minutes -September 28, 2004 Councilman Hickman. Council consensus was gained and Assistant City Manager Best indicated that they would be coordinated with the Mayor when he returned. ADJOURNMENT The Regular City Council Meeting was adjourned at 8:50 p.m. ,~%~iGG GENIE KELLEY, MAYOR RO TEM CITY OF LAKE ELSINORE A ST: r ~~ VICKI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE