HomeMy WebLinkAbout05-13-2003 City Council MinutesMINUTES
REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, MAY 13, 2003
x~~~r*:~:~:~~~:~*~e:~~x~~~r~~~r*:~~:~:~~~~r:~~r:~~*~:~*~:~~:~~*~~:~~*:~*~r*~*~*:~:~~~r*~
CALL TO ORDER
The Regular City Council Meeting was called to order by Mayor Pro Tem
Schiffner at 5:02 p.m.
ROLL CALL
PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN,
KELLEY,SCHIFFNER
ABSENT: COUNCILMEMBERS: BRINLEY
Also present were: City Manager Watenpaugh, Assistant City Manager
Best, City Attorney Leibold, Community Development Director Brady,
Community Services Director Sapp, Finance Manager Magee,
Information/Communications Manager Dennis, Deputy City Clerk Ray
and City Clerk/Human Resources Director Kasad.
CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION - Camelot Property Counselors, Inc., Debtor,
United States Bankruptcy Court, Central District of California,
Riverside Division Case No. RSO1-14823 DN; Redevelopment
Agency of the City of Lake Elsinore v. Camelot Property Counselars,
Inc., Riverside Superior Court Case No. 352589. (F:40.1)(X:52.2)
City Attorney Leibold announced the Closed Session discussion item as
listed above.
Page T~vo - City Council Minutes - May 13, 2003
THE CITY COUNCIL MEETING WAS RECESSED TO CLOSED
SESSION AT 5:05 P.M.
The Closed Session discussion was completed at 535 p.m.
RECONVENE PUBLIC SESSION (7:00 p.m.)
Mayor Pro Tem Schiffner called the Regular City Council Meeting to order
in public session at 7:01 p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilman Buckley.
INVOCATION
Mayor Pro Tem Schiffner led the meeting in a Moment of Silence in
recognition of the military troops still serving in Iraq.
ROLL CALL
PRESENT: COUNCILMEMBERS: BUCKLEY, ffiCKMAN,
KELLEY, SCHIFFNER
ABSENT: COUNCILMEMBERS: BRINLEY
Also present were: City Manager Watenpaugh, Assistant City Manager
Best, City Attorney Leibold, Community Development Director Brady,
Community Services Director Sapp, Fire Chief Gallegos, Police
Lieutenant Featherolf, Finance Manager Magee, Information/
Communications Manager Dennis, City Treasurer Judziewicz, Deputy
City Clerk Ray and City C1erWHuman Resources Director Kasad.
Page Three - City Council Minutes -May 13, 2003
PRESENTATIONS
Mayor Schiffner recognized Carlos Godina, American Valley Soccer
League.
Mr. Godina noted that the American Valley Soccer League was the only
local League affiliated with the U.S. Soccer Association. He presented
Mayor Pro Tem Schiffner with a plaque thanking the City for their
cooperation with the League. He also presented plaques to Teri Fazzio for
her assistance with obtaining fields; and Jon Fazzio for keeping the parks
beautiful.
a. Proclamation - Eagle Scout Joseph Yokshas.(F:56.1)
Mayor Pro Tem Schiffner called Joseph Yokshas to the podium, and
read and presented the Proclamation to him. Joseph thanked everyone
including his family for their support and this recognition. He
commented that it was an honor to accept the award for this great
achievement.
b. Proclamation - Reco~nition of Sheriff Deputies for Sheriff
Commendation. (F:127.2)(X:56.1)
Mayor Pro Tem Schiffner noted that he was present when the original
commendations were presented by Sheriff Doyle and called the
officers forward. He read a Proclamation recognizing Deputies
Estrada, MacRae, Maddux, Rayls and Zunker. He stressed that the
officers were able to correct the situation without the use of deadly
force.
c. Proclamation - Older American's Month. (F:122.1)
Page Four - City Council Minutes - May 13, 2003
Mayor Pro Tem Schiffner read and presented the Proclamation to Paul
Cluck, a volunteer at the Seniar Center.
d. Proclamation - National Public Works Week. (F:122.1)
Mayor Pro Tem Schiffner read and presented the Proclamation to
Public Works Manager Payne. Mr. Payne thanked the Council for this
recognition of the Public Works Division and encouraged the public to
provide input by calling or stopping by the Public Works Yard.
e. Presentation - Introduction of New City Staf£ (F:116.1)
City Manager Watenpaugh noted that there were a number of new
City employees who had been asked to be present for introduction this
evening. City Clerk/Human Resources Director Kasad introduced
new Deputy City Clerk Frederick Ray. Community Services Director
Sapp and Public Works Manager Payne introduced Public Works
Secretary Nicole Fields, and Lake Maintenance Worker Dennis Waite.
Community Development Director Brady introduced Secretary II
Lisa Gibbons, Clerk-Typist II Karen Staley, Receptionist-Typist
Cordie Miller, Associate Planner Rolfe Presendienz, Building
Inspector Lawrence Bobo, and Associate Civil Engineer Victar
Monz. He also noted the high level of building activity in the
community and business at the public counter.
City Manager Watenpaugh noted that Lt. Featherolf was present on
behalf of Police Chief Walsh; and welcomed Fire Chief Steve
Gallegos back.
CLOSED SESSION REPORT
City Attorney Leibold reported that the City Council and Redevelopment
Agency Board met in Closed Session regarding Camelot Property
Page Five - City Council Minutes - May 13, 2003
Counselors Litigation as listed on the agenda. She explained that the City
and the Redevelopment Agency had settled a lawsuit with California Bank
and Trust in December, 2002, but the developer was in bankruptcy and the
action against them had been staid. She further explained that the settlement
agreement with California Bank and Trust provided that if the interest was
sold, the obligation of the agency to the bank would be credited up to
$500,000. She indicated that the bankruptcy was dismissed last week,
subject to conditions; and they approved sale of the center for just of
$500,000, which would be paid to Camelot and transferred to CBT, which
would reduce the City/Agency obligation to the bank by $500,000, and result
in interest savings of $46,500. She commented that this was the best
possible case scenario, as it would considerably relieve the obligations. She
noted that one additional asset was still held by Camelot, being a claim
against K-Mart, as part of the reorganization. She indicated that of the
claim, they had agreed to assign to the City 40% of the claim. She advised
that with this final action, the agreements on the center would be fully
terminated and the Agency's obligation reduced; with the formal agreement
to that effect to presented at the next meeting. (F:52.2)
Mayor Pro Tem Schiffner noted that this was the last remaining litigation left
by previous Councils.
PUBLIC COMMENTS - AGENDIZED ITEMS
Requests were received to address the following items and deferred to those
discussions:
Item Nos. 6, 21 and 22.
CONSENT CALENDAR ITEMS
The following item was pulled from the Consent Calendar for further
discussion and consideration:
Page Six - City Council Minutes - May 13, 2003
Item No. 6.
City Manager Watenpaugh recommended that Item No. 9 be continued for
two weeks for corrections to the documents.
MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED
BY UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE
ITEM NO. 9 TO MAY 27, 2003, AND APPROVE THE BALANCE OF
THE CONSENT CALENDAR AS PRESENTED.
1. The following Minutes were approved:
a. Adjourned Regular City Council Meeting - April 15, 2003.
b. Joint City Council/Redevelopment Agency Study Session -
Apri122, 2003.
c. Regular City Council Meeting - April 22, 2003. (F:44.4)
The following Minutes were received and ordered filed:
d. Planning Commission Meeting - Apri17, 2003.
e. Planning Commission Meeting - April 15, 2003. (F:603)
2. Ratified Warrant List for Apri130, 2003. (F:12.3)
3. Received and ardered field the Investment Report far March, 2003.
(F:12.5)
4. Rejected and referred to Claims Administrator the Claims Against the
City submitted by Deka M. Whatley (CL #2003- 2); Barbara
Norden (CL #2003-06); and Jessie Jansen (CL 2003-07).(F:52.2)
5. Adopted Resolution No. 2003-07, regarding Preparation of Plans,
Assessments and Reports for the City Wide Lighting and Landscaping
Maintenance District Fiscal Year 2003-04. (F:22.2)
Page Seven - City Council Minutes - May 13, 2003
RESOLUTION NO. 2003-07
A RESOLUTION OF THE CITY COUNCIL ORDERING THE
PREPARATION OF PLANS, SPECIFICATIONS, COST
ESTIMATE, DIAGRAM, ASSESSMENT AND REPORT
PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2
OF THE STREETS AND HIGHWAYS CODE OF THE STATE
OF CALIFORNIA, FOR PROCEEDINGS FOR THE ANNUAL
ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT.
7. Adopted Resolution of Intention No. 2003-09, to Vacate a Portion of
Flint Street and set the public hearing for June 24, 2003. (F:101)
RESOLUTION NO. 2003-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, DECLARING ITS INTENTION TO
VACATE A PORTION OF FLINT STREET AND SETTING A
PUBLIC HEARING THEREON.
8. Approved Cooperative Agreement with Riverside County Flood
Control and Water Conservation District for the Four Corners Storm
Drain, Stage 4; and approved transfer of $20,000 from the Storm
Drain Capital Improvement Fund to this project. .(F:68.1)(X: 155.1)
9 Continued Final Approval of Parcel Map 30832 to May 27, 2003.
(F:110.2)
PUBLIC HEARINGS
21. Public Hearing for Consideration of Objections to the City's Weed
Abatement Program. (F:166.1)
Mayor Pro Tem Schiffner opened the Public Hearing at 735 p.m.
Page Eight - City Council Minutes - May 13, 2003
City Manager Watenpaugh noted that this was the annual Public
Hearing for objections to the weed abatement program. Community
Development Director Brady noted that there was an earlier public
hearing on April 8~' regarding the declaration of properties for the
weed abatement program. He indicated that they had mailed 5,000
notices, and this hearing was part of the process to hear protests. He
noted that the properiy owners would have until May 15~' to comply
before the City begins to abate the properties, and charge a$250
administrative fee. .
Councilman Hickman indicated that he was anxious to hear what the
public had to say, and noted that the abatement would prevent fire
hazards and make the City look good.
Mayor Pro Tem Schiffner noted that there was one request to speak,
and invited the requestor to the podium.
Dorothea Lucius submitted the following statement for the record:
I am here on behalf of myself and my brother, Frank Macak. Since
1957, he and I own properties in Lake Elsinore. During these 46
years of our ownership we have never been informed of any instance
in which the weeds and shrubs growing on our properties have in fact
caused a fire or health hazard to any persons or properties within the
proximity of our property. Nor has there been any unreasonable
interfeYence with the free use of their properties.
I object to the manner in which this abatement process is being
conducted based upon the relevant problems I encountered, and the
relevant State Health and Safety Code, Sections 14881, 14883, 14892;
Lake Elsinore's Municipal Code, Sections 8.32.030 and 8.32.070; and
the Riverside County Fire Protection Ordinance 787 that I believe are
Page Nine - City Council Minutes - May 13, 2003
applicable. I will begin with the facts and then discuss the applicable
law.
FACTS.•
On April 19, 2003, I received the notice that this Council passed a
resolution declaring noxious or dangerous weeds, rubbish, refuse and
said piles of dirt constitute a public nuisance which must be abated.
The notice makes reference to a resolution for additional information;
however, it is neither attached nor identified by number. Moreover,
no where on the face of the notices is the parcel number or the
location of the property identified.
Since I did not know which properties had to be abated or their
locations, on April 21, 2003, I made my first visit to City Hall. Carol
Gordon identified the properties and gave me a map. When I asked if
owners who have a house on their property received notices, she said
"No ". The parcel map and the list of parcels within the abatement
program confirm her response to be true. However, I took pictures of
properties with houses which have weeds on them that I would like to
show you. (Exhibit 1). I would appreciate knowing why these
properties were excluded.
Next, my son and I went to my brother's property and mine which
consist of relatively steep slopes. At the one end of my property which
abuts Bailey Street, I discovered a huge hole caused by soil erosion
that apparently is due to heavy water runoff during the rainy season.
(Exhibit 2) My son attempted to cut the weeds and bushes to less than
2 inches in height with the weed wacker, however, if the cord hit a big,
surface rock, it would break. If the cord hit the small, surface rocks,
the rocks would ricochet and hit my son's body. I decided this method
of abatement was too dangerous to continue doing. Also, the weed
wacker lacked the capacity to cut down the bushes.
Page Ten - City Council Minutes -May 13, 2003
On April 21, 2003, I returned to City Hall a second time and asked
Carol Gordon if spraying with chemicals would be an acceptable
method to abate the weeds. She said, "Yes, some property owners do
spray. " I informed her that the full effect of killing the weeds with
chemical spray would not occur before May 1 S, 2003, which is the
deadline for abating weeds. She said that she would make a note of
this fact in her records.
On April 23, 2003, my son wacked weeds down to approximately 10
inches in height on my brother's property and mine before spraying
with the chemical Roundup on the following day.
On April 25, 2003, my son sprayed both properties.
On April 30, 2003, I returned to City Hall to get a copy of the
resolution. Carol Gordon was not there, so I was told to speak with
the Planning Manager Armando Villa, who gave me a copy of the
resolution.
Then I told him that I noticed all the homes on several streets in front
of my property had fences or block walls set back approximately I S
feet fi•om the road. I asked if the area between the fences or walls and
the street, which was covered with weeds, was a dedicated easement
held by the City of Lake Elsinore. If so, is it the city's responsibility to
maintain these areas and abate the weeds? He did not know if these
areas were dedicated easements but said that he would check and let
me know-he never did. Please again refer to Exhibit 1.
Finally I asked him, "Does the City of Elsinore have a municipal code
similar to the Riverside County Fire Protection Ordinance No. 787? "
See Exhibit #3. I read to him Section 16 and 16.1 down to Subsection
3 because the exception contained there in addresses the issues of soil
Page Eleven - City Council Minutes - May 13, 2003
erosion which presently exists on my property. The exception under
Subsection 2 reads as follows:
"Grass and other vegetation located more than 30 feet fi^om
buildings or structures and less than 18 inches in height above
the ground need not be removed where necessary to stabilize
the soil and prevent erosion. "
He didn't know if Lake Elsinore had such a code but that it probably
adopted one similar to it. I asked him if he would check and let me
know. He said that he would, but he never got back to me. I then Zeft
City Hall.
Upon reading the resolution at home, I discovered that, on Page 1, in
the fourth WHEREAS paragraph, it reads as follows:
"The City Manager has submitted a list ofproperties upon which
there is upon the streets, sidewalks, and private property, weeds,
rubbish, refuse, dirt, concrete and any other unauthorized fill which in
his opinion constitute a nuisance by virtue of being a fire and health
hazard; "
My question is, "YVhat guidelines did the City Manager use in forming
his opinion since properties with a house and weeds were excluded
from the abatement program? Is the steepness of a lot and/or existing
soil erosion factors in exclude the parcel from the abatement
program? "
Also on Page 2 of the resolution , under Item (4) it states:
"That the list of all property owners to whom notices are to be sent, as
well as the locations of the property are set forth in Exhibit "A" which
is attached hereto and made part hereof by reference"
Page Twelve - City Council Minutes - May 13, 2003
When I came to the end of the resolution, I discovered that
Exhibit A which was to consist of a list of all Assessor's Parcel
Numbers as shown on an attached map was, in fact, not attached.
On May 7, 2003, I again returned to City Hall to get a copy of the
attachment and spoke with Lisa Gibbon. She could not locate the
attachment and was too busy to try and find it. Before leaving, I left a
note for here that I gave to Mr. Rich Hess in which I requested that
she please call me when the attachments become available. See
Exhibit #4.
On May 8, 2003,Lisa Gibbon did call and left a message on my
answer phone that she had the lists and map; therefore I made another
trip to City Hall to pick up them up.
During my conversation with Lisa Gibbon , I again addressed the
issue of properties with a house and weeds. She said that if there is a
house on the property, and there is a 30 foot clearance of weeds
around the entire outside perimeter of the house, any weeds beyond
the 30 foot clearing did not need to be abated. When I asked what
was the code number for this law, she did not know whether it was a
state or municipal code or its number. However, it is my belief that it
is the Riverside County Fire Protection Ordinance 787 which I had
previously read to the Planning Manager, Mr. Armando Villa, on
April30, 2003.
On May 10, 2003 my son and I returned to the lots and raked the
weeds and bushes that were dead and loose. She Exhibits 5& 6.
However, more time is needed for the Roundup to completely kill the
remaining vegetative growth.
Issue #1: Notice Form
Page Thirteen - City Council Minutes - May 13, 2003
The State Health and Safety Code Section 14892 states that the notice
shall be substantially in the following form:
"Notice is hereby given... that noxious or dangerous weeds were
growing upon or in front of the property on, or nearest to
street (or Road), in said county, and more particularly
described in said resolution.... "
Lake Elsinore Municipal Code, Section 8.32.070 states that the notice
shall be substantially in the following form:
"Notice is hereby given... that noxious or dangerous weeds were
growing upon or in front of the property on this street, and that
rubbish, refuse, and dirt were upon or in fi~ont of pYOperty on this
street, in , and more particularly described
in the resolution... "
ARGUMENT
On the face of the notice, no specific identification of the property or
its location is indicated. The notice does not state that the address
label with a parcel number which is affixed to an envelope is
incorporated in the notice by reference. Moreover, envelopes are
usually discarded; therefore, it is an unreasonable place to put a
parcel number of identification ofproperty.
CONCL USION:
The City Council's Notice was not written in compliance with the
State or Municipal Codes.
Issue #2: Contents of Resolution and Description of Property:
Page Fourteen - City Council Minutes - May 13, 2003
Lake Elsinore Municipal Code Section 8.32.030 states in pertinent
part:
"The resolution shall:
A. Refer to the street by its commonly known name;
B. Describe the property upon which oY in fi•ont of which the nuisance
exists by giving its lot and block number according to the off cial
or City assessment map.
State Health and Safety Code, Section 14881 states:
"The resolution shall refer, by the name under which it is commonly
known, to the street, highway or road upon which the nuisance exists,
upon which the sidewalks are located, or upon which the private
property affected fronts or abuts or nearest to which the private
property is located.
State Health and Safety Code, Section 14883 states:
"The resolution shall describe the property upon which , or in fi•ont of
which the nuisance exists by describing the property by reference to
the tract, block, lot, code area and parcel number as used in the
records of the county assessor or in accordance with the map used in
describing property for taxation purposes. No other description is
«
necessary.
ARGUMENT:
In the Resolution, page 2 paragraph (4), reference is made to Exhibit
"A ". However, when I sought a copy of the resolution and Exhibit
"A ", which was to consist of an attached map and list of all
Assessor's Parcel Numbers, there was no Exhibit "A" attached to the
resolution. All that was attached to the resolution was a piece of
Page Fifteen - City Council Minutes - May 13, 2003
paper labeled Exhibit "A ". I finally did get a list and map; however, I
do not know if it is the correct map used in describing property for
taxation purposes.
CONCL USION:
The City Council may not have complied with Municipal Code Section
8.32.030; State Health and Safety Code, Section 14881 and 14883.
ISSUE #3: Existence of adequate and effective firebreak protection to
prevent fire and safety hazards:
Riverside County Fire Protection Ordinance 787 reads in pertinent
part:
Section 16 Clearance of Brush or Vegetative Growth from
Structures.
Section 16.1 General
Persons owning, leasing, controlling, operating and
maintaining buildings or structures in, upon or adjoining
hazardous fire areas, and persons owning, leasing or
controlling land adjacent to such buildings or structures,
shall at all times:
Maintain an effective fzrebreak by removing and
clearing away flammable vegetation and
combustible growth from areas within 30 feet of
such buildings or structures;
Exception: Single specimens of trees, ornamental
shrubbery or similar plants used as ground covers,
Page Sixteen - City Council Minutes - May 13, 2003
provided that they do not form a means of rapidly
transmitting fire fi•om the native growth to any
structure.
2. Maintain additional fire protection or firebreak by
removing brush, flammable vegetation and
combustible growth located from 30 feet to 100 feet
fi•om such buildings or structure, when required by
the chief because of extra hazardous conditions
causing a firebreak of only 30 feet to be insufficient
to provide reasonable fire safety.
Exception: Grass and other vegetation located
more than 30 feet from buildings or structures and
less than 18 inches in height above the ground
need not be removed where necessary to stabilize
the soil and prevent erosion.
ARGUNIENT.•
At the top of our properties, there exists a 21 foot-wide street (Bailey
Street) and an additional 22 feet or more of the other owners'
property that are cleared of weeds in front of their houses. The
distance between our property and their structures constitutes more
than an effective firebreak of 30 feet started in the ordinance. See
Exhibit 7.
At the bottom of our properties, there exists a 21 foot wide street
(Lash Street) and houses built on the other side of Lash Street that
have more than a 30 foot clearance of weeds to the rear of the houses.
These existing conditions constitute an effective firebreak to prevent
any fire or safety hazard. See Exhibits 8 and 9.
Page Seventeen - City Council Minutes - May 13, 2003
Also, because of the already existing soil erosion on my property, and
the possibility of additional soil erosion in the future, neither my
brother nor I should have to remove the sagebrush because its roots
are necessary to stabilize the soil and prevent soil erosion.
CONCL USION:
To the best of my ability, I have already abated my property and my
brother's property by means of chemical spray. It is my good faith
opinion that, the future, our properties should be excluded from any
abatement progr°am because of existing and effective firebreaks and to
prevent the possibility of additional soil erosion.
Respectfully submitted by:
Dorothea Lucius
Councilman Buckley noted houses with weeds in the yard and
questioned the requirements for an improved lot vs. an unimproved
lot. He indicated that his main question was that if the property was
already abated, and Mrs. Lucius would not have to pay the weed
abatement, what was her objection. Mrs. Lucius expressed concern
with soil erosion, and future requirements for weed abatement. She
stressed the reduced stability of the property. Councilman Buckley
inquired if it was a question of balancing fire issues and stability
issues. Ms. Lucius stressed that her property was already damaged
with holes in it; and the potential liability.
Councilman Buckley indicated that there were ways to prevent access
to the property, particularly by improving the site. Ms. Lucius
stressed her right to preserve her property and she would prefer to use
the County ordinance to stabilize the property and not abate it. Mayor
Pro Tem Schiffner commented that those were good issues, but this \
Page Eighteen - City Council Minutes - May 13, 2003
was not the forum for debate; and suggested that she discuss her
concerns with Community Development Director Brady.
Councilwoman Kelley thanked Mrs. Lucius for attending the meeting
and discussing her concerns with staf£ .
Councilman Hickman had no comments.
Councilwoman Kelley had no comments.
Councilman Buckley had no comments.
Mayor Pro Tem Schiffner had no comments, and closed the public
hearing at 8:00 p.m.
22. Canyon Hills Specific Plan Amendment No. 1, Tentative Parcel Map
No.30962, Tentative Tract Map No. 30492, and Addendum to Final
Canyon Hills Specific Plan Environmental Impact Report - Resolution
No. 2003-10 & Ordinance No. 1091. (F:150.2) (X:110.2)
City Manager Watenpaugh highlighted this item and noted that the
applicant was present at this meeting.
Mayor Pro Tem Schiffner opened the public hearing at 8:02 p.m.
Community Development Director Brady advised that there were four
items requiring action by the Council, being the first amendment to the
Specific Plan, approval of the tentative maps and certification of the
EIR. He noted that the Planning Commission recommended approval
on April 15`h. He explained that this was a request to amend the plan,
which was adopted in the lat 1980's, for minor modification to the
land uses. He commented that Pardee was the specific plan developer
on about 1,970 acres, for which the original plan included 4,275 units.
He explained that they were not requesting a change to the number of
Page Nineteen - City Council Minutes - May 13, 2003
units, merely a change to the lot types and sizes. He noted that the
original plan had commercial within the site, and noted the changes to
the configuration of the plan. He further noted that there were
modifications to the school sites, including an additional site; and
advised that the project falls within two school districts being Lake
Elsinore and Menifee. He advised that there was also a site for a fire
station, and staff was working with the developer to finalize the station
and the Public Safety Community Facilities District. He noted the
pending citywide community facilities district to address public safety
which will be assessed on all new residential projects, and indicated
that Pardee was assisting the City in establishing it. He indicated that
the first phase of their project was nearing completion, and this would
address the second phase of development. He commented that the
homes were selling very quickly, and the applicant was a~ious to
proceed. He indicated that several people spoke a the Planning
Commission meeting, one issue was Lost Road dust and traffic; he
explained that Lost Road was in the County, not the City, but the
developer had offered to bond to $50,000 to assist with the project, in
the event the County took the lead on development of the road. He
noted that they had included that as a condition of approval. He
further noted that the other changes were minor including a change to
the name of the project, the fire station and reconfiguration of the open
space areas. He also noted that the multi-family/Single-family mix
had been changed slightly as well. He detailed the actions to be
considered by the City Council, and offered to answer questions on the
request.
Mayor Pro Tem Schiffner requested clarification of the formula for
construction of the fire station. Community Development Director
Brady indicated that it was based on the development of the tract, as
there were only a limited number of homes allowed within the service
area, prior to development of the fire station; and noted that it should
be up and operating within two years.
Page Twenty - City Council Minutes - May 13, 2003
David Behrens, Lost Road resident, addressed Lost Road, and noted
that his property was adjacent to the project under discussion. He
indicated that most of Lost Road went through his property, without
an easement. He indicated that he inherited the property and felt like
the sacrificial lamb.
Troy Bonaventure, Canyon Hills Resident, noted that he was a new
resident of the community. He questioned the nature of the changes
to the multi-family areas, and the potential for rental structures. He
indicated that while he had no objections to rentals, in a development
this size, affordable housing would rob the residents of the opportunity
to be homeowners. He noted the difficulty of finding affordable
housing and stressed the trend toward home ownership.
Community Development Director Brady clarified that the multi-
family areas already existed in the plan, and had been part of the plan
since its inception. He noted that the area developed by Richmond
American was originally a multi-family area; and suggested the
potential of someone developing smaller detached multi-family
homes. He explained that the applicant had indicated that they had
received requests for availability of condominiums, and noted that the
plan would allow for that type of opportunity . He further noted that
the market was moving toward single-family homes.
Mayor Pro Tem Schiffner inquired if the multi-family was being
conceptualized as rental. Community Development Director Brady
clarified.
Councilman Buckley addressed the Lost Road resident and noted that
if the road was truly on his property, then he could prevent people
from driving there. City Manager Watenpaugh indicated that the
County would have to address his concerns. Councilman Buckley
questioned the plan in the upper right corner where it said "gate".
Page Twenty-One - City Council Minutes -May 13, 2003
Community Development Director Brady clarified that there was such
a notation in two locations on the plan, and explained that they would
be into portions of the community. Councilman Buckley inquired if
they would designate the end of the road. Community Development
Director Brady clarified that the road would be paved throughout the
proj ect.
Councilman Buckley addressed the lot sizes, and questioned the types
of commercial which might be placed in the shopping center on
Railroad Canyon Road.
James Stringer, Director of Community Development for Pardee,
indicated that they were in negotiations with a developer who was
looking at a supermarket and other shops. He addressed the multi-
family areas, and noted that with regard to rentals, the trend was
moving more toward condos than apartments, and even toward empty
nesters. Mr. Stringer pointed out the most likely area for apartments.
Councilman Buckley commented that the east side of Railroad
Canyon would be more toward condos. Mr. Stringer suggested that it
would be the smaller lot product. Councilman Buckley noted other
areas designated for multi-family family. Mr. Stringer indicated that a
larger elementary school was needed in one area, so the area around it
would be single-family. Councilman Buckley questioned planning
area 37. Mr. Stringer indicated that he would anticipate condos in that
area.
Councilwoman Kelley noted that the project was originally planned to
be a community with a mixture of housing and commercial; and
indicated that it was one of the nicest projects unfolding. She clarified
that Pardee already had a plan in force, and this request was for minor
changes to the plan, including the addition of the fire station, the name
change and some residential area designation changes. She stressed
that the project was unfolding nicely and the market would push the
Page ~venty-Two - City Council Minutes - May 13, 2003
development. She indicated that she was happy the School District
was looking at more property and addressed Lost Road, noting that it
was in the County and she was happy the developer was assisting with
a performance bond.
Councilman Hickman noted the changes to the plan and indicated that
he was in support of the project.
Mayor Pro Tem Schiffner indicated that he was very pleased, and
noted that it was a beautiful neighborhood. He indicated that he was
happy to see it in the City and noted that it would increase the
population by 12,000 to 13,000 people. He stressed that bigger and
better businesses will come with the population increases, and with
population there will be additional fees to provide additional services.
Mayor Pro Tem Schiffner closed the public hearing at 8:25 p.m.
MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED
BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT
RESOLUTION NO. 2003-10, CERTIFYING THE ADDENDUM TO
THE FINAL CANYON HILLS SPECIFIC PLAN ENVIRONMENTAL
IMPACT REPORT.
RESOLUTION NO. 2003-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CERTIFYING THE ADDENDUM TO THE
FINAL CANYON HILLS SPECIFIC PLAN EIR.
MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED
BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVED
TENTATIVE PARCEL MAP NO. 30962; APPROVE TENTATIVE
TRACT MAP NO. 30492, BASED UPON THE FOLLOWING
Page Twenty-Three - City Council Minutes - May 13, 2003 -
FINDINGS, AND SUBJECT TO THE FOLLOWING CONDITIONS
OF APPROVAL; APPROVE CANYON HILLS SPECIFIC PLAN
AMENDMENT NO. 1 AND ADOPT ORDINANCE NO. 1097 UPON
FIRST READING BY TITLE ONLY:
ORDINANCE N0.1097
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE APPROVING AMENDMENT NO.1 TO
THE CANYON HILLS SPECIFIC PLAN.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN,
KELLEY,SCHIFFNER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: BRINLEY
ABSTAIN: COUNCILMEMBERS: NONE
FINDINGS:
Addendum To Final Canyon Hills Specific Plan EIR
1. The Addendum EIR has been prepared, submitted and reviewed in
accordance with requirements of the California Environmental Quality
Act and the City's CEQA requirements, and are complete and adequate in
its evaluation of all environmental effects ofthe Canyon Hills Specific
Plan Amendment No. 1 and associated discretionary approvals. The
Canyon Hills Specific Plan Amendment No. 1 and associated
discretionary approvals will not result in any significant and unavoidable
impacts with implementation of mitigation measures.
Page Twenty-Four - City Council Minutes - May 13, 2003
2. The proposed applications will not have impacts that are individually
limited but cumulatively considerable. Given that project impacts are
insignificant, cumulative impacts are not foreseen.
3. The proposed applications do not have the potential to adversely affect
humans, either directly or indirectly.
4. The Planning Commission recommends to the City Council that it finds
that the Addendum to the Final Canyon Hills Specific Plan EIR is
complete and adequate and provides appropriate environmental
documentation for the project and fully complies with the requirements of
CEQA, the State CEQA Guidelines, and the City's environmental
clearance procedures.
Canyon Hills Speci~c Plan Amendment No. l
1. Specific Plan Amendment No. 1 meets the City's Specific Plan criteria for
content and required implementation of the General Plan established by
Section 65450 et seq. of the California Government Code and Section
17.99 of the City of Lake Elsinore Municipal Code.
2. Specific Plan Amendment No. 1 shall be implemented consistently with
the Goals, Policies and Objectives of the General Plan; and with any
other applicable plans or policies adopted by the City.
3. Those issues, standards, guidelines, etc. not addressed in Specific Plan
Amendment No. 1 will revert to the City Municipal and Zoning Codes in
effect at the time future development is proposed.
4. Development standards and regulations contained in Specific Plan
Amendment No. 1 supersede applicable City ordinances and codes,
unless specifically stated to the contrary. Approval of Specific Plan
Amendment No. 1 shall not be interpreted as waiving compliance with
Page Twenty-Five - City Council Minutes - May 13, 2003
other Federal or State laws or City Codes.
5. Location of Specific Plan Amendment No. 1 allows future development
to be well-integrated with its surroundings.
6. Specific Plan Amendment No. 1 will be adequately serviced by existing
and/or future public facilities and services.
7. Overall design of Specific Plan Amendment No. 1 will produce attractive,
efficient and stable development.
8. Specific Plan Amendment No. 1 will not be detrimental to the health,
safety, comfort or general welfare of the persons residing ar working near
the project area or within the City, nor will it be injurious to property or
improvements in the project area or within the City.
Tentative Parcel Map No. 30962
1. TPM No. 30962, together with the provisions for its design and
improvement, is consistent with the General Plan and the Canyon Hills
Specific Plan Amendment No. 1. The proposed subdivision is compatible
with the objectives, policies, general land uses and programs specified in
the General Plan (Government Code Section 66473.5).
2. The effects that TPM No. 30962 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.
3. The design of TPM No. 30962 provides to the greatest extent possible,
for future passive or natural heating or cooling opportunities in the
subdivision. (Governmental Code Section 66412.3)
Page Twenty-Six - City Council Minutes - May 13, 2003
Tentative Tract Map No. 30492
1. TTM No. 30492, together with the provisions for its design and
improvement, is consistent with the General Plan and the Canyon Hills
Specific Plan Amendment No. 1. The proposed subdivision is compatible
with the objectives, policies, general land uses and programs specified in
the General Plan (Government Code Section 66473.5).
2. The effects that TTM No. 30492 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.
3. The design of TTM No. 30492 provides to the greatest extent possible,
for future passive or natural heating or cooling opportunities in the
subdivision. (Governmental Code Section 664123) -
PLANNING DIVISION
General Conditions
l. The Draft Canyon Hills Specific Plan Amendment No. 1 shall be revised
to incorporate any corrections and changes required by the Planning
Commission and City Council. A Final Canyon Hills Specific Plan
Amendment No. 1 document shall be submitted for review and approval
by the Community Development Director or designee within 30 days of
approval by the City Council. No permit shall be issued until the Canyon
Hills Specific Plan Amendment No. 1 document and any required
revisions are administratively approved by the Community Development
Director or designee.
2. Tentative Parcel Map No. 30962 and Tentative Tract Map No. 30492 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
Page Twenty-Seven - City Council Minutes - May 13, 2003
time is granted by the City of Lake Elsinore City Council in accordance
with the Subdivision Map Act. Additional eatensions of time (36 months
maximum time per the Subdivision Map Act) may be granted per City
Council approval.
3. Future development shall comply with those standards and guidelines
contained in the Residential Element, Commercial/Institutional Element,
Public Facilities and Services Element, Resources Management Element,
Circulation Element, Zoning Element, and Community Wide
Implementation Element as contained in the Canyon Hills Specific Plan
Amendment No. 1 document.
4. Tentative Parcel Map No. 30962 and Tentative Tract Map No. 30492
shall comply with the State of California Subdivision Map Act and
applicable requirements contained in the Canyon Hills Specific Plan
Amendment No. 1 document and the Lake Elsinare Municipal Code
(LEMC), unless modified by approved Conditions of Approval.
5. Future development shall comply with those requirements and provisions
contained in the Canyon Hills Development Agreement and Canyon Hills
Public Facilities and Services Financing Agreement.
6. Those issues, standards, guidelines, etc. not addressed in the Canyon Hills
Specific Plan Amendment No. 1 will revert to the City Municipal Code
and/or Zoning Code in effect at the time future projects are proposed.
7. The applicant shall participate in the City of Lake Elsinore Citywide
Landscaping and Street Lighting District, as appropriate.
8. The applicant shall provide all project-related onsite and offsite
improvements as described in the Canyon Hills Specific Plan
Amendment No. 1 document.
Page Twenty-Eight - City Council Minutes - May 13, 2003
9. The applicant shall implement those mitigation measures identified in the
1989 Final Canyon Hills Specific Plan EIR and the 2003 Addendum to
the Final Canyon Hills Specific Plan EIR.
l0.A11 future proposals shall be reviewed by the City on a project-by-project
basis. If determined necessary by the Community Development Director
or designee, additional environmerital analysis will be required.
11.The applicant shall defend (with counsel acceptable to the City),
indemnify, and hold harmless the City, its Officials, Officers, Employees,
Agents, and its Consultants from any claim, action, or proceeding against
the City, its Officials, Officers, Employees, or Agents to attach, set aside,
void, or annul an approval of the City, its advisory agencies, appeal
boards, or legislative body concerning implementation and construction
of the Canyon Hills Specific Plan, which action is bought within the time
period provided for in California Government Code Sections 65009
and/ar 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.
12.Provisions of the City's Noise Ordinance shall be satisfied during all site
preparation and construction activity. Site preparation activity and
construction shall not commence before 7:00 AM and shall cease at 5:00
PM, Monday through Friday. Construction activity shall not take place
on Saturday, Sunday, or any Legal Holidays.
13.The applicant shall sign and complete an "Acknowledgment of
Conditions" and shall return the executed original to the Community
Development Department.
Page 1`wenty-Nine - City Council Minutes - May 13, 2003
Prior to Final Tract Map Approval
14.A11 lots shall comply with applicable standards contained in the Canyon
Hills Specific Plan Amendment No. 1 document and Section 17.23 of the
LEMC.
15.A precise survey with closures for boundaries and all lots shall be
provided per the LEMC.
16.Street names within the subdivision shall be approved by the Community
Development Director or Designee.
17.A11 of the improvements shall be designed by the applicant's Civil
Engineer to the specifications of the City of Lake Elsinore.
18.A Conceptual Landscape Plan shall be prepared and submitted with each
future Tentative Tract Map. Said Conceptual Landscape Plan shall
present the overall theme and give special regard to the streetscape,
fencing and walls, entry monumentation, signage and lighting, as
appropriate. Said Conceptual Landscape Plan shall be prepared in
accordance with standards and guidelines contained in the Canyon Hills
Specific Plan Amendment No. 1 document.
19.Oak trees shall be planted as shown in the Oak Mitigation Plan contained
in the Addendum to the 1989 Final Canyon Hills Specific Plan EIR.
20.Future construction of Canyon Hills Specific Plan Amendment No. 1
shall meet all Riverside County Fire Department standards for fire
protection and any additional requirements requested by the County Fire
Department.
Prior to Desi.gn Review Approval
Page Thirty - City Council Minutes -May 13, 2003
21.A11 future structural development associated with the Canyon Hills
Specific Plan Amendment No. 1, including subdivision maps require
separate Design Review approval.
22.A11 drainage basins proposed with Tentative Tract Map No. 30492 shall
be designed with the Design Review application far said tract map.
Security fencing shall also be shown. Chain-link fencing is prohibited.
23.The applicant shall submit design plans for the two new bridges that will
span over Cottonwood Creek.
Prior to Grading Permit Issuance
24.The applicant shall obtain all necessary State and Federal permits,
approvals, or other entitlements, where applicable, prior to each phase of
development of the project.
25.Prior to the issuance of any grading permits, the applicant shall submit a
final grading plan, subject to all requirements of the City Grading
Ordinance to the City Engineer for approval. Said grading plan shall
address those grading standards and guidelines contained in the Canyon
Hills Peak Specific Plan Amendment No. 1 document.
26.Grading shall not be permitted outside the area of the designated project
boundary unless appropriate approvals have been obtained.
27.Grading easements shall be coordinated with affected property owners.
28.Prior to issuance of a grading permit, grading and construction plans shall
incorporate erosion control measures.
29.Any alterations to the topography, ground surface, or any other site
preparation activity will require appropriate grading permits. A Geologic
Page Thirty-One - City Council Minutes - May 13, 2003
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 60 feet shall
be provided. Interim and permanent erosion control measures are
required. The applicant shall bond 100 percent for material and labor for
one year for erosion control landscaping at the time the site is rough
graded.
30.The applicant shall coordinate with the Cottonwood Canyon Elementary
School and Canyon Hills Middle School to ensure disruption resulting
with future construction is minimized to the greatest extent possible.
Prior to Buildin~ Permit Issuance
31.Prior to issuance of building permit, a Fuel Modification Plan and
Program shall be approved by the Fire Department for future phases.
Said Plan and Program shall show those special treatments necessary to
achieve an acceptable level of risk in regard to the exposure of structures
to flammable vegetation and shall describe the method of removal and
installation, and provisions for maintenance.
32.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.
33.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.
34.The applicant shall meet all requirements of Elsinore Valley Municipal
Water District (EVMWD).
Page Thirty-Two - City Council Minutes - May 13, 2003
35.A11 subdivision tracts shall annex into the eacisting Canyon Hills
Homeowner's Association.
36.The applicant shall pay applicablefees and obtain proper clearance from
the Lake Elsinore Unified School District (LEUSD) prior to issuance of
building permits.
37.Pay all applicable fees including park fees.
38.The applicant shall provide connection to public sewer for each lot within
any subdivision. No service laterals shall cross adjacent property lines
and shall be delineated on engineering sewer plans and profiles for
submittal to the EVMWD.
39.The applicant (master developer) shall prepare a Community-Wide Wall
Plan for the entire Canyon Hills area.
40.Prior to issuance of building permits for each future tract, the applicant
(merchant builder) for each individual tract shall prepare a Final Wall and
Fence Plan addressing the following:
• Show that a masonry ar decorative block wall will be constructed
along all boundaries for the particular tract.
• Show materials, colors, and heights of side yard fences for proposed
lots.
• Show that all front return walls shall be decorative masonry block
walls. Front return wood fences shall not be permitted.
• Show that side walls for corner lots shall be decorative masonry block
walls.
Page Thirty-Three - City Council Minutes -May 13, 2003
41.The applicant shall submit plans to the electric utility company for a
layout of the street lighting system. The cost of street lighting,
installation as well as energy charges shall be the responsibility of the
developer and/or the association. Said plans shall be approved by the
City and shall be installed in accordance with the City Standards.
42.The applicant shall meet all requirements of the providing electric utility
company.
43.The applicant shall meet all requirements of the providing gas utility
company.
44.The applicant shall meet all requirements of the providing telephone
utility company.
45.A bond is required guaranteeing the removal of all trailers used during
construction.
46.Future signage requires a permit and shall be subject to Planning Division
review and approval prior to installation.
Prior to Certifcate of Occupancy Issuance
47.A flashing warning light shall be installed at the entrance of the fire
station along Railroad Canyon Road per the approval of the City
Engineer.
48.The applicant shall restrict all construction traffic from using Lost Road,
south of the project boundary. All construction trafficwill access the
project area from Canyon Hills Road.
49.Throughout construction, as deemed appropriate by the City and the
applicant, fugitive dust suppression along Lost Road to minimize fugitive
Page Thirty-Four - City Council Minutes - May 13, 2003
dust generation shall be applied. Fugitive dust suppression techniques
may include soil watering, application of soil binders, and/or placement
of gravel or other appropriate material to minimize vehicle generated
dust.
ENGINEERING DIVISION
General Conditions
SO.Provide the schedule for Holland Road offsite improvements prior to the
second tentative tract map being approved.
S 1.Provide the schedule for Lost Road offsite improvements prior to the
second tentative tract map being approved.
52.Provide sidewalks on both sides of Cottonwood Hills Road.
53.Describe the schedule for offsite drainage improvements prior to the
second tentative tract map being approved.
54.Conduct a traffic study regarding the need to install a traffic signal at the
intersection of Cottonwood Hills Road and Canyon Hills Road based on
signal warrants and/or the location of the school in Planning Area 19
prior to the second tentative tract map being approved.
55.Install two traffic signals, one for each school, for the elementary schools
located in planning areas 19 and 26. Installations shall be operational
prior to the opening of school.
56.At phase 4, construct Canyon Hills Road to two lanes from "B" Street to
"C" Street.
Page Thirty-Five - City Council Minutes - May 13, 2003
57.Install a traffic signal at a time when the median on Railroad Canyon
Road is opened for left turn access (in or out) to project's streets and
driveways, including fire station access.
58.At phase 6, construct Canyon Hills Road to four lanes.
59.At phase 6, construct Holland Road to two lanes as a four lane half width
from Canyon Hills Road to the project's boundary to match the Audie
Murphy Ranch Project's road section.
60.At phase 4, provide an additional 5 feet of right-of-way for Railroad
Canyon Road from Canyon Hills Road to the City Limits at Canyon
Lake.
Conditions For Tentative Parcel Map No. 30962
61.Approval of Tentative Parcel Map 30962 is for financing and sale
purposes only. No building permit or construction activity is authorized
for lots established by this Tentative Financial Parcel Map. Property
within the Financial Parcel Map shall apply for approval of a tentative
tract map prior to any building or construction activity on the subject site.
62.The applicant shall be required to construct or bond for the main roadway
system which will provide two access points for each parcel prior to final
map approval.
63.Holland Road shall be maintained as an access road and not abandoned
until the improvements of Canyon Hills Road have been completed to the
map boundary.
64.Cottonwood Canyon Road shall be maintained as an access road and not
abandoned until the improvements far the new alignxnent of Cottonwood
Canyon Road and Canyon Hills Road have been completed.
Page Thirty-Six - City Council Minutes - May 13, 2003
65.The applicant shall dedicate an additional 10 feet along the southern
boundary for Hemlock St. far additional right-of-way on the parcel map.
66.The applicant shall provide an appropriate bond for survey
monumentation.
67.The applicant shall provide two points of access for all parcels in Parcel
Map 30962.
68.Sidewalks shall be installed on both sides of collector streets. Collectors
shall have 48 feet curb to curb.
69.A11 open space and slopes except for public parks and schools, outside the
public right-of-way will be owned and maintained by either a
homeowner's association or private property owner.
70.Construct the main roadway system and drainage 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).
71.The applicant shall submit a traffic control plan showing all traffic control
devices for the tract to be approved prior to final map approval. All traffic
control devices shall be installed prior to final inspection of public
improvements. This includes No Parking and Street Sweeping Signs for
streets within the tract.
72.The applicant shall enter into an agreement with the City for the
construction of the access road and drainage improvements and shall post
the appropriate bonds prior to final map approval.
73.Apply and obtain a grading permit with appropriate security. A grading
plan signed and stamped by a Cali£ Registered Civil Engineer, subject to
the approval of the City Engineer.
Page Thirty-Seven - City Council Minutes -May 13, 2003
74.Provide soils, geology and seismic report including street design
recommendations. Provide final soils report showing compliance with
recommendations.
75.An Alquist-Priolo study shall be performed on the site to identify any
hidden earthquake faults and/or liquefaction zones present on-site.
76.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.
77.On-site drainage facilities located outside of road right-of-way should be
contained within drainage easements shown on the final map. A note
should be added to the final map stating: "Drainage easements shall be
kept free of buildings and obstructions".
78.A11 natural drainage traversing site shall be conveyed through the site, or
shall be collected and conveyed by a method approved by the City
Engineer.
79.Submit Hydrology and Hydraulic Reports for review and approval by
CiTy Engineer prior to approval of final map. The applicant shall mitigate
any flooding and/or erosion caused by development of site and diversion
of drainage.
80.A11 drainage facilities in this tract shall be constructed to Riverside
County Flood Control District Standards.
81.Storm drain inlet facilities shall be appropriately stenciled to prevent
illegally dumping in the drain system, the wording and stencil shall be
approved by the City Engineer.
82.A drainage acceptance letter will be necessary from the downstream
Page Thirty-Eight - City Council Minutes - May 13, 2003
property owners for outletting the proposed stormwater run-off on private
property.
83.The applicant shall obtain approval from Santa Ana Regional Water
Quality Control Board for their storm water pollution prevention plan
including approval of erosion control for the grading plan prior to
issuance of grading permits. The applicant shall provide a SWPPP far
post construction which describes BMP's that will be implemented for
the development and including maintenance responsibilities.
84.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.
Conditions For Tentative TractMap No. 30492
85.A11 Public Works requirements shall be complied with as a condition of
development as specified in the Lake Elsinore Municipal Code (LEMC)
prior to final map approval.
86.Tentative Tract Map 30492 shall be subject to all applicable conditions of
approval of tentative tract 23848 (Cottonwood Hills Development) and
the approved Specific Plan Amendment No. 1
87.Pay all Capital Improvement and Plan Check fees (LEMC 16.34,
Resolution 85-26).
88.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.
Page Thirty-Nine - City Council Minutes - May 13, 2003
89.Dedicate 10 feet along the southerly boundary for Hemlock St. and grade
the area for a drivable surface.
90.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).
91.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 1634).
92.The applicant shall enter into an agreement with the City for the
construction of public works improvements and shall post the appropriate
bonds prior to final map approval.
93.Desirable design grade for local streets should not exceed 9 percent. The
maa~imum grade of 15 percent should only be used because of design
constraints.
94.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).
95.A11 compaction reports, grade certifications, monument certifications
(with tie notes delineated on 8'h" x 11" Mylar) shall be submitted to the
Engineering Division before final inspection of public works
improvements will be scheduled and approved.
96.The applicant shall install one permanent bench marks to Riverside
County Standards and at a location to be determined by City Engineer.
97.The applicant shall obtain all necessary off-site easements for off-site
Page Forty - City Council Minutes - May 13, 2003
grading from the adjacent property owners prior to final map approval.
98.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.
99.Provide fire protection facilities as required in writing by Riverside
County Fire.
100. Provide street lighting and show lighting improvements as part of street
improvement plans as required by the City Engineer.
101. The applicant shall install blue reflective pavement markers in the street
at all fire hydrant locations.
102. The applicant shall submit a traffic control plan showing all traffic
control devices for the tract to be approved prior to final map approval.
All traffic control devices shall be installed prior to final inspection of
public improvements. This includes No Parking and Street Sweeping
Signs for streets within the tract.
103. The applicant shall provide a traffic study prepared by a registered
engineer to determine the need for a traffic signal at Canyon Hills Road
at Cottonwood Canyon Road and Canyon Hills Road at G Street and
the timing for the installation prior to final map approval. If the traffic
signal is needed, the applicant will install the traffic signal at the
appropriate certificate of occupancy subject to the approval of the City
Engineer.
104. All improvement plans and tract maps shall be digitized. At Certificate
of Occupancy applicant shall submit tapes and/or discs which are
compatible with City's ARC Info/GIS or developer to pay $300 per
sheet for City digitizing.
Page Forty-One - City Council Minutes - May 13, 2003
105. All utilities except electrical over 12 kv shall be placed underground, as
approved by the serving utility.
106. 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.
107. Provide soils, geology and seismic report including street design
recommendations. Provide final soils report showing compliance with
recommendations.
108. An Alquist-Priolo study shall be performed on the site to identify any
hidden earthquake faults and/or liquefaction zones present on-site.
109. 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.
110. 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.
111. On-site drainage facilities located outside of road right-of-way should
be contained within drainage easements shown on the final map. A
note should be added to the final map stating: "Drainage easements
shall be kept free of buildings and obstructions".
112. 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.
Page Forty-Two - City Council Minutes - May 13, 2003
113. Submit Hydrology and Hydraulic Reports for review and approval by
City Engineer priar to approval of final map. Developer shall mitigate
any flooding and/or erosion caused by development of site and
diversion of drainage.
114. All drainage facilities in this tract shall be constructed to Riverside
County Flood Control District Standards.
115. 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.
116. 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.
117. 10-year storm runoff should be contained within the curb and the 100
year storm runoff should be contained within the street right-of-way.
When either of these criteria are exceeded, drainage facilities should be
installed.
118. A drainage acceptance letter will be necessary from the downstream
property owners for outletting the proposed stormwater run-off on
private property.
119. The applicant shall obtain approval from Santa Ana Regional Water
Quality Control Board for their storm water pollution prevention plan
including approval of erosion control for the grading plan prior to
issuance of grading permits. The applicant shall provide a SWPPP for
post construction which describes BMP's that will be implemented for
the development and including maintenance responsibilities.
Page Forty-Three - City Council Minutes - May 13, 2003
120. 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.
121.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 recarded to limit the slope, type
of landscaping and wall placement.
122. Sidewalks shall be installed on both sides of collector streets. Collectors
shall ha~e 48 feet curb to curb.
123. The construction of Canyon Hills Road and Cottonwood Creek Road
shall be completed as specified in the Canyon Hills Specific Plan
Transportation Phasing Program.
124. The intersection of A Street with Sugar Brush Lane is on the inside
radius of a curve and adequate sight distance shall be verified by a
registered civil engineer.
125. The landscaping in the median of Canyon Hills Road along the curve
shall be not block the site distance.
126. No residential lot shall front and access shall be restricted on Canyon
Hills Road and Cotton Canyon Road and so noted on the final map.
127. The applicant shall provide a homeowner's association with CC & R's
for maintenance of the open space.
Page Forty-Four - City Council Minutes - May 13, 2003
128. All open space and slopes except for public parks and schools outside
the public right-of-way will be owned and maintained by either a home
owner's association or private property owner.
129. Lots A, B C, D, E, F and G will be owned and maintained by an HOA
including the detention basin. The basins will be constructed to prohibit
sediment and debris from entering the inlet pipe.
130. The basin in section E- E should be moved further into the tract
(northerly) to catch debris and sediment before it enters the inlet pipe
and for a drivable surface for Hemlock Street.
131. The applicant shall comply with the Cultural Resources Mitigation
Program, as described in the Specific Plan, priorto final map approval
or grading permit (whichever occurs first). The program shall be based
on site evaluations by qualified archaeologists and historians to
establish significance of each site and a detailed plan for appropriate
mitigation, subject to the approval of the Community Development
Director. Compensation for disturbances to cultural resources shall be
provided by a program to recover information from sites that shall be
monitored by archaeologists where required by the EIR. In the event
significant historic material is discovered, it shall be removed before
grading occurs.
132. In accordance with the City's Franchise Agreement for waste disposal
& recycling, the applicant shall be required to contract with CR&R Inc.
for removal and disposal of all waste material, debris, vegetation and
other rubbish generated during cleaning, demolition, clear and grubbing
or all other phases of construction.
Page Forty-Five - City Council Minutes - May 13, 2003
BUSINESS ITEMS
31. Desien Review of Commercial Proiect No. 2003-01, A Restaurant to
be located at the Corner of Main Street and Peck Street, APN 374-
173-012. (F:58.2)
City Manager Watenpaugh noted that this would be a new building on
Main Street. Community Development Director Brady eaplained the
item which was recommended for approval by the Planning
Commission; and detailed the size and location of the proposed
building. He indicated that the design of the building was consistent
with the histaric downtown design requirements. He further indicated
that it was an attractive building, which would be used for a pizza/sub
restaurant. He advised that parking was not required due to the
pro~mity of the public parking lot.
Councilman Hickman noted that the project was progress on Main
Street and indicated that he was anxious to see it go up.
Councilwoman Kelley indicated that she was excited to see a new
building downtown. She noted that this was the first new building on
Main Street in fifty years; and commented that it was a nice design
and would enhance the downtown area.
Councilman Buckley indicated that it was a nice looking building and
would be a good addition to the downtown area.
Mayor Pro Tem Schiffner indicated that this was a beautiful project
and he was looking forward to its operation. He reiterated that this
was the first new building on Main Street in 50 years.
MOVED BY KELLEY, SECONDED BY HICKMAN CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE DESIGN
Page Forty-Six - City Council Minutes - May 13, 2003
REVIEW FOR COMMERCIAL PROJECT NO. C 2003-O1 FOR THE
1,784 SQUARE FOOT COMMERCIAL BUILDING AND RELATED
iMPROVEMENTS TO BE LOCATED AT MAIN STREET AND
PECK STREET. APPROVAL IS BASED ON EXHIBITS `A' THRU
`E', FINDINGS, AND SUBJECT TO THE FOLLOWING
CONDITIONS OF APPROVAL:
FINDINGS
1. The project, as recommended by the Planning Commission will
comply with the goals and objectives of the General Plan and the
Zoning District in which the project is located.
2. The project complies with the design directives contained in Section
17.82.060 of the Lake Elsinare Municipal Code (LEMC) and all other
applicable provisions of the Municipal Code.
3. Conditions and safeguards pursuant to Section 17.82.070, of the
LEMC including guarantees and evidence of compliance with
conditions have been incorporated into the approval of the subject
project to insure development of the property in accordance with the
objectives of this Chapter and the planning district in which the site is
located.
PLANNING DIVISION
l. Design Review approval for Commercial Project No. C 2003-01 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 e~ension, prior to the
expiration of the initial Design Review approval. Application for a time
e~ctension must be submitted to the City of Lake Elsinore one (1) month
prior to the expiration date.
Page Forty-Seven - City Council Minutes - May 13, 2003
2. Conditions of Approval shall be reproduced on page one of building plans
submitted to the Building Division far Plan Check. All Conditions of
Approval shall be met prior to the issuance of a Certificate of Occupancy
and release of utilities.
3. All site improvements approved with this request shall be constructed as
indicated on the approved site plan and elevations. Revisions to approved
site plans or building elevations shall be subject to the review of the
Community Development Director. All plans submitted for Building
Division Plan Check shall conform to the submitted plans as modified by
Conditions of Approval, ar the Planning Commission/City Council
through subsequent action.
4. All roof mounted or ground support air conditioning units or other
mechanical equipment incidental to development shall be architecturally
screened so that they are not visible from neighboring property ar public
streets including Main Street and Peck Street. All screening shall be
subject to the Community Development Director or designees approval.
5. 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 fi~ure. All light fixtures
shall match the architectural style of the building as shown on the plans.
6. A six foot wrought iron fence shall be installed along the parking lot
boundary at Peck Street. Landscaping shall be provided as shown on the
site plan.
7. The trash enclosure shall be constructed per City standards as approved
by the Community Development Director.
8. No exterior roof ladders shall be permitted.
Page Forty-Eight - City Council Minutes - May 13, 2003
9. Applicant shall use roofing materials with Class "A" fire rating.
l0.A11 exterior downspouts shall be painted to match with building eaterior
color.
11.The Planning Division shall approve the location of any construction
trailers utilized during construction. All construction trailers shall require
a$1,000.00 cash bond processed through the Planning Division.
12.Materials and colors depicted on the plans and materials board shall be
used unless modified by the applicant and approved by the Community
Development Director or designee.
13.A11 signs shall meet the requirements of the Historic Elsinore
Architectural Design Standards and are subject to Planning Division
approval.
PRIOR TO BIIILDING/GRADING PERMITS
14.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.
15.Applicant shall comply with the requirements of the Elsinore Valley
Municipal Water District. Proof shall be presented to the Chief Building
Official prior to issuance of building permits and final approval.
16.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-Nine - City Council Minutes - May 13, 2003
17.Prior to issuance of building permits, applicant shall provide assurance
that all requirements of the Riverside County Fire Department have been
met.
18.Prior to issuance of building permits, applicant shall pay park-in-lieu fee
in effect at time of building permit issuance.
ENGINEERING DIVISION
19.A11 Public Works requirements shall be complied with as a condition of
development as specified in the Lake Elsinore Municipal Code (LEMC)
prior to building permit.
20.Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Res. 85-
26). The traffic mitigation fee is $6,030 and the drainage fee is $483.
21.Submit a°Will Serve" letter to the City Engineering Division from the
applicable water agency stating that water and sewer arrangements have
been made for this project. Submit this letter prior to applying for a
building permit.
22.If required construct all public works improvements per approved street
plans (LEMC Title 12). Plans must be approved and signed by the City
Engineer prior to issuance of building permit (LEMC 16.34).
23.If the existing street improvements are to be modified, the existing street
plans on file shall be modified accordingly and approved by the City
Engineer prior to issuance of building permit. An encroachment permit
will be required to do the work.
24.Pay all fees and meet requirements of an encroachment permit issued by
the Engineering Division for construction of off-site public warks
Page Fifty - City Council Minutes - May 13, 2003
improvements (LEMC12.08, Res.83-78). All fees and requirements for
an encroachment permit shall be fulfilled befare Certificate of
Occupancy.
25.The applicant shall obtain all necessary off-site easements for off-site
grading from the adjacent property owners prior to grading permit
issuance.
26.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.
27.Applicant to provide erosion control measures as part of their grading
plan. The applicant shall 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.
28.On-site drainage shall be conveyed to a public facility or accepted by
adjacent property owners by a letter of drainage acceptance or conveyed
to a drainage easement.
29.A11 natural drainage traversing the site shall be conveyed through the site,
or shall be collected and conveyed by a method approved by the City
Engineer.
30.Roof and yard drains will not be allowed to outlet through cuts in the
street curb. Roofs should drain to a landscaped area whenever feasible.
Page Fifty-One - City Council Minutes - May 13, 2003
31.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.
32. Commercial Project No. 2002-04 - Shore Acres Motel - Hilltop
Group, Inc. (F:58.2)
City Manager Watenpaugh highlighted this project, noting that it was
located on the south side of the Lake and that the applicant had been
working with staf£ Community Development Director Brady
explained that this request was for the renovation of the old motel on
Grand Avenue to include expansion of the use by less than 10 percent.
He advised that the renovated facility would be a motel with on-site
spaces for recreational vehicles, with the total building being enlarged
by about 800 square feet. He indicated that the additional square
footage required expansion of the non-conforming use. He noted that
there was an inquiry this afternoon regarding the properiy elevation,
and advised that the 1265' level was at the end of the property near the
boat launch area. He noted that the applicant was present this evening.
He also noted the need for an additional condition with regard to
occupancy of the facility, which should be limited to a ma~mum stay
of 30 consecutive days. City Attorney Leibold emphasized this added
condition, stressing that there should be no permanent residents.
Karl Gailey, 2051 Sleepy Hollow Road, Escondido, representing the
Hilltop Group, noted that this project was a break in his college
education and his first project and plans. He expressed hopes that his
property would do well for the City and that the City would do well
for them.
Dan Uhlry, 103 W. Flint, indicated that he had seen this project go
Page Fifty-Two - City Council Minutes - May 13, 2003
from a successful old motel to a state of disrepair. He commented that
he was glad to see it getting renovated.
Councilman Hickman noted the staff report regarding rehabilitation of
this dilapidated motel, and indicated that this project would have to be
an improvement. He commented that the project was currently in the
stud stage, and stressed that the plans were a vast improvement. He
noted that the project would include a pool and parking for
recreational vehicles.
Councilwoman Kelley reiterated that this was currently a dilapidated
hotel, and noted that this was quite an endea~or for a first attempt..
She indicated that the project looked very nice and thanked staff for
the added condition preventing continuous residence. She stressed
that this was a transient use, with no permanent residents.
Councilman Buckley questioned the issue of transient occupancy and
inquired if it would cover every building on the property. He further
inquired if there would be an exemption from that condition for an on-
site manager. City Attorney Leibold indicated that the applicant had
proposed an on-site manager to manage the facility, and that could be
exempted from the transient requirement for the site. Councilman
Buckley indicated that it was great to see this renovation project, and
another recreation/tourism venue in town, with people willing to
invest in the City without asking for a percentage of the bed tax.
MOVED BY BUCKLEY, SECONDED BY HICKMAN TO FIND THE
PROPOSED EXPANSION OF A LEGAL-NONCONFORMING USE
ACCEPTABLE AND APPROVE C NO. 2002-04, BASED ON THE
FINDINGS AND EXHIBITS `A' THRU `D', AND SUBJECT TO THE
FOLLOWING CONDITIONS OF APPROVAL, WITH THE
ADDITION OF CONDITION NO. 50 PREVENTING PERMANENT
RESIDENTS.
Page Fifty-Three - City Council Minutes - May 13, 2003
Mayor Pro Tem Schiffner indicated that the project looked like a great
improvement and he was happy to see it moving forward.
THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT.
FINDINGS
1. Subject to the attached conditions the proposed project is not anticipated
to result in any significant adverse environmental impacts.
2. The project complies with the Goals, Objectives and Policies of the Lake
Elsinore General Plan and the Municipal Code.
3. The project complies with the design directives contained in Chapter
17.82.060 and all other applicable provisions of the Lake Elsinore
Municipal Code.
4. Conditions and safeguards pursuant to Chapter 17.82.070, including
guarantees and evidence of compliance with conditions, have been
incorparated into the approval of the project to ensure development of the
property in accordance with the General Plan and Municipal Code.
CONDITIONS OF APPROVAL FOR COMMERCIAL PROJECT NO.
2002-04 AND CONDITIONAL USE PERMIT NO. 2002-09 -SHORE
ACRES MOTEL
PLANNING DIVISION
(Note:Fees listed in the Conditions of Approval are the best estimates
available at the time of approval. The exact fee amounts will be reviewed at
the time of building permit issuance and may be revised.)
1. Design Review approval for Commercial Project No. 2002-04 and
Page Fifty-Four - City Council Minutes - May 13, 2003
Conditional Use Permit No. 2002-09 will lapse and be void unless
building permits are issued within one (1) year of City Council approval.
An extension of time, up to one (1) year perextension, may be granted by
the Community Development Director prior to the expiration of the initial
Design Review approval upon application by the developer one (1) month
prior to expiration.
2. Conditions of approval shall be reproduced on page one of building plans
prior to their acceptance by the Building Division. All Conditions of
Approval shall be met prior to the issuance of a Certificate of Occupancy
and release of utilities.
3. All site improvements approved with this request shall be constructed as
indicated on the approved site plan and elevations. Revisions to approved
site plans or building elevations shall be subject to the review of the
Community Development Director. All plans submitted for Building
Division Plan Check shall conform to the submitted plans as modified by
Conditions of Approval, or the Planning Commission/City Council
through subsequent action.
4. All roof mounted or ground support air conditioning units or other
mechanical equipment incidental to development shall be architecturally
screened or shielded by landscaping so that they are not visible from
neighboring property or public streets. Any roof mounted central swamp
coolers shall also be screened, and the Community Development
Director, prior to issuance of building permit shall approve screening
plan.
5. Applicant shall comply with the requirements of the Elsinore Valley
Municipal Water District. Proof shall be presented to the Chief Building
Official prior to issuance of building permits and final approval.
6. All exterior on-site lighting shall be shielded and directed on-site so as
Page Fifty-Five - City Council Minutes - May 13, 2003
not to create glare onto neighboring property and streets or allow
illumination above the horizontal plane of the fixture. The light fixture
proposed is to match the architecture of the building.
7. The Planning Division shall approve construction trailers utilized during
construction. All construction trailers shall require a$1,000.00 cash bond
for each.
8. Parking stalls shall be double-striped with four-inch (4") lines two feet
(2') apart
9. Prior to issuance of building permits, applicant shall provide assurance
that all required fees to the Lake Elsinore Unified School District have
been paid.
10. Prior to issuance of building permits, applicant shall provide assurance
that all requirements and Conditions of Approval of the Riverside County
Fire Department have been met.
11. The Community Development Director or designee shall approve any
signage in compliance with the Zoning Code.
12. Prior to issuance of any grading permit ar 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.
13. The final landscaping/irrigation plan is to be reviewed and approved by
the City's Landscape Architect Consultant and the Community
Development Director or Designee, prior to issuance of building permit.
A Landscape Plan Check Fee will be charged prior to final landscape
approval based on the Consultant's fee plus forty percent (40%).
Page Fifty-Six - City Council Minutes - May 13, 2003
a. All planting areas shall have permanent and automatic sprinkler
system with 100% plant and grass coverage using a
combination of drip and conventional irrigation methods.
b. Applicant shall plant street trees, selected from the City's Street
Tree List, a maximum of forty feet (40) apart and at least
twenty-four-inch (24") box in size.
c. All planting areas shall be separated from paved areas with a six
inch (6") high and six inch (6") wide concrete curb.
d. Planting within fifteen feet (15') of ingress/egress points shall be
no higher than thirty-six inches (36").
e. Landscape planters shall be planted with an appropriate parking
lot shade tree to provide for 50% parking lot shading in fifteen
(15) years.
f. Any transformers and mechanical ar electrical equipment shall
be indicated on landscape plan and screened as part of the
landscaping plan.
g. The landscape plan shall provide for ground cover, shrubs, and
trees and meet all requirements of the City's adopted Landscape
Guidelines. Special attention to the use of Xeriscape or drought
resistant plantings with combination drip irrigation system to be
used to prevent excessive watering.
h. All landscape improvements shall be bonded 100% for material
and labor for two years from installation sign-off by the City.
Release of the landscaping bond shall be requested by the
applicant at the end of the required two years with
approval/acceptance by the Landscape Consultant and
Page Fifty-Seven - City Council Minutes - May 13, 2003
Community Development Director ar Designee
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.
ENGINEERING DIVISION
14. All Public Works requirements shall be complied with as a condition of
development as specified in the Lake Elsinore Municipal Code (LEMC)
prior to building permit.
15. Dedicate a 20 foot wide strip of additional street right-of-way along the
frontage of Grand Ave. to the City prior to issuance of building permit.
16. Public right-of-way dedications shall be prepared by the applicant or his
agent. Deeds shall be submitted to the Engineering Division for review
and approval prior to issuance of building permit.
17. Pay all Capital improvement and Check fees (LEMC 1634, Res. 85-26).
18. Submit a"Will Serve" letter to the City Engineering Division from the
applicable water agency stating that water and sewer arrangements have
been made for this project. Submit this letter prior to applying for a
building permit.
19. Construct all public works improvements per approved street plans
Page Fifty-Eight - City Council Minutes - May 13, 2003
(LEMC Title 12). Plans must be approved and signed by the City
Engineer prior to issuance of building permit (LEMC 1634).
20. 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).
21. The applicant shall fiunish a signing and striping plan far Grand Avenue.,
subject to the approval of the City Engineer and Caltrans.
22. Pay all fees and meet requirements of an encroachment permit issued by
the Engineering Division for construction of off-site public works
improvements (LEMC12.08, Res.83-78). All fees and requirements for
an encroachment permit shall be fulfilled befare Certificate of
Occupancy.
23. The applicant shall obtain any necessary Caltrans permits and meet all
Caltrans requirements.
24. The driveway aisle should be designed so that at least 25 ft. is available
between the street curb and the first parking stall in order to provide
adequate on-site storage for entering vehicles.
25. All compaction reports, grade certifications, monument certifications
(with tie notes delineated on 8 1/2" x 11" mylar) shall be submitted to the
Engineering Division before final inspection of off-site improvements
will be scheduled and approved.
26. The applicant shall obtain all necessary off-site easements for off-site
grading from the adjacent property owners prior to grading permit
issuance.
Page Fifty-Nine - City Council Minutes -May 13, 2003
27. 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.
28. Applicant to provide erosion control measures as part of their grading
plan. The applicant shall 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.
29. Arrangements for relocation of utility company facilities (power poles,
vaults, etc.) out of the roadway shall be the responsibility of the property
owner or his agent.
30. Provide fire protection facilities as required in writing by Riverside
County Fire.
31. On-site drainage shall be conveyed to a public facility or accepted by
adjacent property owners by a letter of drainage acceptance or conveyed
to a drainage easement.
32. All natural drainage traversing the site shall be conveyed through the site,
or shall be collected and conveyed by a method approved by the City
Engineer.
33, Roof and yard drains will not be allowed to outlet through cuts in the
street curb. Roofs should drain to a landscaped area whenever feasible.
34. Meet all requirements of LEMC 15.64 regarding flood hazard
Page Sixty - City Council Minutes - May 13, 2003
regulations.
35. Meet all requirements of LEMC 15.68 regarding floodplain
management.
36. The applicant to provide FEMA elevation certificates prior to certificate
of occupancies
37. Site development along the lake perimeter will require special grading
and flood proofing requirements (LEMC, Title 15). Some of this site is in
the lake flood plain and FEMA Zone AE. Any building pad below an
elevation of 1270 feet that will have substantial improvements (50%
improvement) must have its building pad at or above an elevation of 1270
ft. or be flood proofed. No fill can be imported into the flood plain.
38. Applicant shall obtain approval from Santa Ana Regional Water Quality
Control Board for their storm water pollution prevention plan including
approval of erosion control for the grading plan prior to issuance of
grading permits. The applicant shall provide a SWPPP for post
construction which describes BMP's that will be implemented for the
development and including maintenance responsibilities.
39. Education guidelines and Best Management Practices (BMP) shall be
provided to residents of the development in the use of herbicides,
pesticides, fertilizers as well as other environmental awareness education
materials on good housekeeping practices that contribute to protection of
starmwater quality and met the goals of the BNII' in Supplement "A" in
the Riverside County NPDES Drainage Area Management Plan.
40. 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 ar all
Page Sixty-One - City Council Minutes - May 13, 2003
other phases of construction.
COMMLJNITY SERVICES DEPARTMENT
41. The applicant shall be required to enter into a Franchise Agreement for
operating the launch facility and lake use.
42. Lake rules and regulations signs shall be required within the motel facility
(city to provide information) subject to the discretion of the Community
Services Director or designee.
43. The applicant shall agree to allow city to access thru property to the lake
for future water sampling and conditions.
44. The applicant shall acquire all proper permits deemed necessary from Co.
Flood Control, Regional Water Quality Board, Army Corps of Engineers,
Department of Fish and Game, and Fish and Wildlife Services.
45. All fence lines shall be adjusted based on elevation benchmarks as
specified by the City.
46. All structures are to be connected to sewer service.
47. Applicant to provide all buoys, signage, and channel markers, as required
by the City and the Harbor and Navigation Code for the state of
California.
48. Applicant shall not sublease docks or launch to any food or related
concession without the expressed written approval of the City.
49. All exterior walls shall be coated with anti-graffiti coating.
Page Sixty-Two - City Council Minutes - May 13, 2003
50. Occupancy of this facility shall be limited to a maximum stay of 30
consecutive days on the site, and there shall be no permanent residents.
33. Cultural Center - Repair Wark. (F:50.1)
City Manager Watenpaugh noted that the Historical Society had
notified the City of water leaks in the basement of the Cultural Center
and staff had found a solution to the problem.
Public Works Manager indicated that funds were being requested for
repair of the Cultural Center, which was approximately 70 years old.
He explained that there was water damage to the interior basement
wall from the exterior landscaping. He advised that the estimated cost
for the repairs would be about $40,675.
COUNCILMAN BUCKLEY LEFT THE MEETING AT 9:44 P.M.
Councilman Hickman noted that the Historical Society had contracted
the building for one dollar and it was costing the City $40,000 for
repairs. He expressed support for this item.
Councilwoman Kelley commented that the repairs were necessary.
Mayor Pro Tem Schiffner concurred that the repairs were necessary,
as he did not want the historical artifacts destroyed or damaged by
water.
MOVED BY HICKMAN, SECONDED BY KELLEY AND CARRIED
BY A VOTE OF 3 TO 0 WITH BRINLEY AND BUCKLEY ABSENT
TO AUTHORIZE STAFF TO ISSUE A PURCHASE ORDER TO
SERVICE ONE SERVICES FOR THE REPAIR AND MITIGATION
WORK AT THE LAKE ELSINORE CULTURAL CENTER.
Page Sixty-Three - City Council Minutes - May 13, 2003
COUNCILMAN BUCKLEY RETURNED TO THE TABLE AT 9:46
P.M.
34. Railroad Canyon Road and Median Maintenance Completion
Project - Kato Landscape, Inc. - $214,813.00. (F:95.2)
City Manager Watenpaugh noted that this project had been before the
Council before and staff was back with a request for funding and a
time line.
Community Services Director Sapp explained that this was the
contract for completion of Railroad Canyon Road Median. He
recommended award of the contract to Kato Landscaping in the
amount of $214,832.00. He advised that three bids were received,
with two being incomplete. He noted that the contract called for
completion in 60 days, however the contractor feels it could be
completed in 30 days, with a 30 day maintenance period. He indicated
that the contractor was from Fountain Valley, and noted other projects
they had done in other cities. He noted funds from Pardee
Construction which were set aside for development and landscaping of
Railroad Canyon Road, and suggested that the current balance be
transferred to this project, with the balance of the funds coming from
park in-lieu fees. City Attorney Leibold noted that the proposed
construction agreement should be changed with the deletion of Section
15 and clarification of Section 11 that E~ibit A is the actual proposal.
Mayor Pro Tem Schiffner questioned the timing for completion of the
project. Community Services Director Sapp indicated that he would
hope for completion by the end of July.
Mr. Bonaventure, resident of Canyon Hills, indicated that he would
like to see the project finished. He suggested that if the fund was
Page Sixty-Four - City Council Minutes - May 13, 2003
$21,000 short, possibly Pardee could provide the additional funds. He
suggested that the escalating cost of the homes would make up this
funding.
Ron LaPere, 16867 Wells Street, noted that as past Chairman of the
Palm Tree Committee, inquired if palm trees will be placed in the
median, particularly those identified by the Committee.
Mayor Pro Tem Schiffner noted the intent to move all of the trees, but
commented that some still needed to be replaced. Mr. LaPere
indicated that some had been identified as endangered and suggested
that they be transplanted.
City Manager Watenpaugh noted that through the Development
Agreement, Pardee was already paying far a variety of facilities. He
clarified that there was discussion of relocating palms to Railroad
Canyon, but there was an outcry about planting City trees in "Canyon
Lake. He commented on other locations where the trees were used
and noted that there were still others to be relocated per the committee
recommendations.
Mayor Pro Tem Schiffner expressed appreciation for the suggestion of
additional forms from Pardee, but stressed the amount of money
expended by Pardee.
Councilman Hickman indicated that he wanted to be sure the City
worked with the palm trees. He suggested that since there would be a
fire station that a sleeve across the median be incorporated for the
future. He noted the difficulties encountered with this project in the
past and indicated that he would be happy to see it finished.
Councilwoman Kelley concurred, noting that the project had been a
Page Sixty-Five - City Council Minutes - May 13, 2003
source of irritation for some time and she was happy to see it go
forward.
Councilman Buckley addressed Mr. Bonaventure with regard to
moving up the Canary Island Date Palms and suggested using
Mexican Fan Palms to break up the flow.
Mayor Pro Tem Schiffner had no additional comments.
MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED
BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE
CONTRACT FOR THE RAILROAD CANYON ROAD AND MEDIAN
MAINTENANCE COMPLETION PROJECT WITH KATO
LANDSCAPE, INC., IN THE AMOiJNT OF $214,832.00 AND
TRANSFER $21,238.00 FROM THE PARK-IN-LIEU FEE ACCOITNT.
ITEMS PULLED FROM THE CONSENT CALENDAR
6. Adopted Resolution of Support No. 2003-08 in support of Lake
Elsinore Post Office Improvements. (F:168.5)
Councilman Buckley noted a number of representatives present in the
audience from the post office.
Tyrone Horsely, noted the number of residents served by the post
office, and highlighted the projected growth in the area. He
commented that the current facility was very small and old, and their
operation had outgrown the building. He requested Council's support
and assistance in gaining a new facility.
Mayor Pro Tem Schiffner noted that this item was a Resolution of
Support, but stressed that the City had no legal authority in this matter.
He clarified that the City could only support the improvements.
Page Sixty-Six - City Council Minutes - May 13, 2003
Lorraine Watts, 210 N. Scrivener, commented that she saw the current
facility as too small and in need of more help. She stressed the length
of the lines and the delays in obtaining mail from the post office
boxes. She emphasized the continuing growth of the City and
stressed the need for something to be done soon.
Paula Graver, 218 Ellis, indicated that she moved to the community
last August, and noted the later delivery times in the last eight months.
She stressed that the post office really needs more help. She
expressed hopes that the proposed Resolution and political pressure
from the Council the post office would bet a new facility and more
help.
Minnie Brown, indicated that she was happy to support this request
and expressed hopes that it would move forward with these
recommendations. She thanked the Council for their support of this
resolution.
Councilman Buckley noted that the City has needed a new larger post
office for quite some time. He commented on recent problems with
the roof of the building. He stressed that a new community was
necessary for the community and if designed properly could be a
focal point. He indicated that a post office was the most used building
in the community, and noted that since the building was leased, it
might be appropriate to find out how much the lease was for and
address the need with a Redevelopment Agency project. He
suggested that the City could build the facility and hold the mortgage
for the post office. He further suggested that with the significant
federal budget restraints, it was never too early to start the process.
Councilwoman Kelley indicated that she would support the
Resolution, but wished she could do more. She explained that the
current trend was to refurbish existing buildings, and noted that
Page Sixty-Seven - City Council Minutes - May 13, 2003
meetings had been held with legislators to discuss a new building and
the Council had a better understanding of the current situation. She
concurred that the Council should apply pressure where possible, to
gain support.
Councilman Hickman indicated that he liked the idea of the RDA
assisting with a new facility; and noted that he would like to see it
across Main Street from the Cultural Center. He indicated that it
could not be built this year, but could be considered in the future. He
further indicated that he was sorry the City could not build a new one,
but offered his support.
Mayor Pro Tem Schiffner indicated that he was in favor of doing
whatever was possible such as this resolution and political pressure
where possible. He suggested speaking with Congressmen Issa and
Calvert, and doing whatever was possible to meet the needs. City
Manager Watenpaugh suggested that the City could use the GIS
system to aid the post office in finding the most efficient delivery
routes. Mayor Pro Tem Schiffner concurred with this suggestion.
MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED
BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT
RESOLUTION NO. 2003-08, SUPPORTING THE POST OFFICE IN
ITS EFFORTS TO GAIN AN IMPROVED FACILITY.
RESOLUTION NO. 2003-08
A RESOLUTION OF THE CITY COUNCIL OF THE CTTY OF
LAKE ELSINORE, SUPPORTING IMPROVEMENT AND
EXPANSION OF THE EXISTING POST OFFICE FACILITY
IN LAKE ELSINORE.
Page Sixty-Eight - City Council Minutes - May 13, 2003
THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT
9:10 P.M.
THE REGULAR CITY COUNCIL MEETING RECONVENED AT
9:12 P.M.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS
Ron LaPere, 16867 Wells, noted the growth in the City and discussions of
the Quality of Life. He requested that as part of the Council Budget
discussion, consideration be given to additional sworn police officers. He
noted that a regular standard was one officer to every 1,000 residents; but
indicated that right now the City had 29 sworn officers and a population of
33,000. He stressed that the City was short four officers and noted that new
officers required six months of training before they could serve the
community. He requested consideration of five additional officers for the
budget to enhance the quality of life and the safety of the community and
lake. He indicated that he loved this City and wanted to see it continue to
boom.
Michael O'Neal, Heald Avenue, noted that he lived near the newly
refurbished junior high school, and commented on the kids going to school
and the neighborhood amenities. He expressed concern that his neighbors
wanted to move, because they had been terrorized and robbed at gunpoint by
three men. He indicated that the three men and done this befare, and were so
brazen to strike at 2:30 in the afternoon. He stressed the importance of
public safety, and suggested that the City report card was bad. He
questioned how many more police officers would be needed in the future. He
expressed concern with the City gambling with the lives of the residents. He
questioned what would be done if the sales taxes were taken away by the
State. He indicated that the Police Department was doing a great job in spite
of limited funding.
Page Sixty-Nine - City Council Minutes - May 13, 2003
Dale Hite, thanked Councilman Buckley for thinking outside the box
regarding the post office. He noted recent article on the TUMF and habitat
issues, and suggested that it was political eatortion. He questioned what the
County had done for the City, and stressed the impacts of their actions on the
City. He commented that Riverside County only wanted the City capital
and not its thoughts. He suggested that the City succeed from the County
and fight back. He addressed the City Council Agenda and expressed
concern that the right to religion and freedom of speech had been reduced to
a moment of silence. He suggested options to address "theist" prayer and
expressed concern with waiting for a constitutional amendment for what was
right.
Barbara Cady, announced upcoming events, including the following:
May 14 - Friends of the Library Annual Meeting at 7 p.m.
May 20 -NAACP Casino Trip to Viejas Casino
May 21 - Friends of the Library "Lizard Wizard" at 7 p.m.
June 21 - Book Sale - noting the need for more books.
She further reminded the community of the upcoming summer concert
series.
Paula Graver, 218 Ellis Street, USMC retired, reminded the community that
troops were still in harm's way, and noted the recent deaths of American
troops and the ongoing A1 Qaeda efforts. She indicated that she would
continue to hold rallies as long as troops were still in harms way. She
thanked the Council for their participation in the events. She thanked
Councilwoman Kelley for not running for election this year and indicated
that she would not support Mayor Brinley in the election. She indicated that
it did not take much to stop by and participate in the rallies to back up the
support expressed in the resolution. She thanlced City Manager Watenpaugh
for his contribution to the cause, and noted that while the rallies were
dwindling, there was still a lot of support. She announced that the next rally
Page Seventy- City Council Minutes -May 13, 2003
would be held on May 17`" at Burger King on Mission Trail at Diamond
Drive from 11 a.m. to 3 p.m. She noted that returning Veteran's were
attending to thank them for the support.
Johnnie Dare Gayette, noted that he had been in the community for three
years and loves the town. He indicated that he was a big contractor in the
community and worked to serve and protect the community from drugs. He
indicated that the police and fire services in the community were wonderful.
CITY MANAGER COMMENTS
City Manager Watenpaugh commented on the following:
1) Indicated that the Council would get a first blush of the budget
this evening, with a chance to look at revenues for the coming
year and some suggestions from staf£ He indicated that the
first workshop would be held on June 5~', and stressed that the
numbers were still fluid. He advised that Governor Davis would
be giving an update tomorrow and noted that there was $500
million not designated as to where it would come from.
2) Noted that Mayor Brinley was in Sacramento meeting with
representatives to find information on habitat and available
funding sources.
3) Noted that some of the concerns discussed this evening on
public safety were already in the proposed budget.
4) Indicated with regard to the County assisting the City, some
past joint efforts included Mission Trail, the Police Station, the
Library, Flood Control Projects, Highway 74, and joint efforts
on LES7WA.
Page Seventy-One - City Council Minutes - May 13, 2003
5) Noted that Agenda modifications had been discussed by staff
and would be coming forward soon to ensure compliance with
the law. He indicated that the issue of invocations was a
priority for the Council to address.
6) Congratulated and welcomed all new City Staff, noting that
they would provide a lot of assistance to the existing staff. He
indicated that the public counter had a lot of smiling faces and
people working hard to serve the public.
7) Congratulated the Police Officers on their commendations.
8) Offered condolences to the Sherif~s Department on the loss of
their officer today.
CTTY ATTORNEY COMMENTS
City Attorney Leibold had no comments, but noted that it was nice to see
such good attendance at the meeting.
COMMITTEE REPOR
No Reports.
CITY COUNCIL COMMENTS
Councilman Buckley commented on the following:
1) Congratulated the City Attorney on the $546,500, and noted the
irony of paying Walmart and owning K-Mart stock.
Page Seventy-Two - City Council Minutes -May 13, 2003
2) Addressed the State budget, and noted money budgeted and not
spent, such as the smog check program which assists motorist in
complying with the requirements. He noted that with $62
million budgeted, only three people had used the program.
3) Noted the High School Dedication on Friday, and indicated that
it looked like it would be very nice. He further noted that the
location would be shared with the joint Public/School Library.
4) Noted the Friends of the Library meeting tomorrow at 7 p.m.
5) Announced the Women's Club Beach Party on May 315~ to
benefit Cystic Fibrosis.
6) Addressed public safety and noted that it had been a personal
priority for quite some time, to increase the number of officers
where possible. He noted his interest in a low cost Citizen's
Action Patrol, to put more eyes on the streets; but stressed that
he would love to put on more officers as well.
7) Inquired of the City Manager about the campground, with the
water rising and questioned if the contractor was doing
everything possible to put up signs to prevent use. He also
questioned the status of the grant, which was requested for
repair of the beacl~/boat launching area.
City Manager Watenpaugh responded that at a recent meeting
staff was told that the $4 million plus was still in the budget,
with the understanding that the Governor could not take it away.
He stressed that the money was still there and the contractor
was interested in investing more money to provide concrete
pads, cable, hook-ups, etc. in the amount of $7 to $9 million
over the next couple of years.
Page Seventy-Three - City Council Minutes - May 13, 2003
Councilwoman Kelley commented on the following:
1) Announced the Summer Concert Series, which will run for four
Saturdays beginning on August 16`~', with Flamenco music on
the 13`~', Karavana on the 23`d, the Finians on the 30th and the
Riverside Philharmonic on September 6t". She noted that the
cost was over $20,000 to bring these events to town, and the
contributions were all being raised by the Arts Network.
2) Welcomed the new staff inembers and offered congratulations
to the Police Officers on their commendations.
3) Indicated that she was glad to have the new high school coming
to town and she was proud of the joint library effort.
Councilman Hickman commented on the following:
1) Commented on his trip to Sacramento, when he missed the last
meeting and noted that he received good education on police,
fire and public works. He indicated that there was still mass
confusion on the State budget and the public needed to realize
that the State was in dire straits. He commented that there was
a need for constitutional changes.
2) Noted that his son went back to South Korea, and wished him
safety.
3) Noted that he attended Singing in the Rain at Temescal Canyon
High School, and it was a great production.
4) Indicated that he attended the dedication ceremony for the new
water treatment facility.
Page Seventy-Four - City Council Minutes - May 13, 2003
5) Noted the new high school location on Riverside Drive and the
plans to complete the project by 2005. He indicated that he too
was thrilled with the library facility. He also noted that
Elsinore High School was doing reconstruction work and had
condemned homes to allow for expansion.
6) Announced that it was possible to have CR & R place trash bills
on the tax bills and pay them with the property t~es to get a
tax deduction. He encouraged the public to~ake advantage of
this program.
7) Noted that John, the sign man, sent a large sign to Camp
Pendleton in support of the troops.
Mayar Pro Tem Schiffner commented on the following:
1) Noted that the Council moved forward on several projects at
this meeting, and all passed with no dissention. He indicated
that all of the projects would be things the community could be
proud of.
2) Announced the following events:
May 16 -18, RV Show and Sale at the Stadium.
May 24 -26, Youth Baseball Tournament
Young Poets Contest
May 24`h, Cruise Night
May 27`h , Neighborhood Pride Judging
City Manager Watenpaugh suggested that organizations with events contact
City Hall, so their events could be announced at City Council Meetings.
Page Seventy-Five - City Council Minutes - May 13,-2003
ADJOURNMENT
THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT
9:40 P.M.
~ A
~ ~Y
ROBERT SCHIFFNER, MAYOR O TEM
CITY OF LAKE ELSINORE
ATTEST:
[C, CITY CLERK/
HUMAN RESOURCES DIRECTOR
CITY OF LAKE ELSINORE