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HomeMy WebLinkAbout06-10-2003 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TiTESDAY, JUNE 10, 2003 ~r:~~x:~~~~*~: ~~,~*:~~~::~~~: *~:~*x:~~:~:~~:~~~~~~:~~:~~*:~~:~~:~:~~:~~~:~~,~~~:~~~x:~:~~x:~~x:~ CALL TO ORDER The Regular City Council Meeting was called to order by Mayar Brinley at 7:04 p.m. ROLL CALL PRESENT: COUNCILMEMBERS BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY ABSENT: COUNCILMEMBERS: NONE 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 Chief Walsh, Engineering Manager O'Donnell, Finance Manager Magee, Information/Communications Manager Dennis, City Treasurer Judziewicz, Deputy City Clerk Ray, City Clerk/Human Resources Director Kasad. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Police Chief Walsh. INVOCATION Mayor Brinley led the meeting in a Moment of Silent Reflection. Page Two - City Council Minutes - June 10, 2003 PRESENTATIONS a. Presentation - Korn Memorial Scholarship. (F:56.2) Mayor Brinley provided information on the Korn Memorial Scholarships which began in 1972, noting that they were intended to assist students interested in pursuing health care and nursing educations. She advised that four $1,000 scholarships were being awarded this year. She detailed the background and aspirations of each student and presented Scholarships to the following students: Kimberly Castanon, Elsinore High School Amanda Hernandez, Elsinore High School Jenna Williams, Temescal Canyon High School Brandon De La Cruz, Temescal Canyon High School b. Proclamation - Amateur Radio Week. (F:122.1) Mayor Brinley read and presented the Amateur Radio Week Proclamation to Don Foster. Mr. Foster indicated that the City of Lake Elsinore residents could feel very comfortable that in an emergency the Amateur Radio Operators have been training to assist with radio communications, if other means are not working. c. Presentation - Chamber of Commerce Update. (F:108.4) Executive Director McColley provided an update on the Chamber of Commerce activities including: Student of the Year Scholarship & Recognition Night -Noted that it was an opportunity to honor all of the Student and present $6,000 in scholarships; and thanked the sponsors for their assistance. She advised that the monthly Page Three - City Council Minutes -June 10, 2003 lunches would resume in September. EDC Luncheon - Advised that this month's lunch on June 12`h would focus on Recreation/Tourism and include an expo. She encouraged reservations and attendance. Business Mixer - Announced that the June Mixer would be on June 26~' at American Printing on Casino Drive from 530 to 7:30 p.m. Second Annual Reverse Drawing -Announced that this event would be held on July 17~' at the Diamond Club, with $13,700 in prize money this year. She advised that the tickets were $100, which included two dinners and participation in the drawings. June Business of the Month -Announced that Skydive Elsinore was this month's honoree. Website - advised that the website had 285,552 in May, and a total of 1,367,376 from January to May. She fitrther advised that the website received an award of excellence for the year 2003-04. New Program - announced a new program for Chamber members wherein the Chamber office could set up appointments with area legislators, so that businesses can make their concerns with the cost of doing business known. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items and deferred to those discussions: Item No. 21 and 22. Page Four - City Council Minutes -June 10, 2003 CONSENT CALENDAR ITEMS The following item was pulled from the Consent Calendar for further discussion and consideration: Item No. 5. MOVED BY HICKMAN, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: (F:44.4) a. Joint City Council/Redevelopment Agency Study Session - May 27, 2003. b. Regular City Council Meeting - May 27, 2003. The following Minutes were received and ordered filed: c. Planning Commission Meeting - May 20, 2003. (F:60.3) 2. Ratified Warrant List for May 30, 2003. (F:12.3) 3. Received and ordered filed the Investment Report for April, 2003. (F:12.5) 4. Adopted Resolution Nos. 2003-13 and 2003-14 for the City Wide Lighting and Landscaping Maintenance District, Fiscal Year 2003-04, regarding Approval of Engineer's Report and Resolution of Intention to Levy & Collect Assessments. (F:22.2) RESOLUTION NO. 2003-13 A RESOLUTION OF THE CITY COUNCIL APPROVING THE Page Five - City Council Minutes - June 10, 2003 ENGINEER'S "REPORT" FOR THE ANNUAL LEVY OF ASSESSMENTS FOR FISCAL YEAR 2003-04 IN A DISTRICT WITHIN SAID CITY. RESOLUTION NO. 2003-14 A RESOLUTION OF THE CITY COUNCIL DECLARING ITS INTENTION TO PROVIDE FOR AN ANN ITAL LEVY AND COLLECTION OF ASSESSMENTS FOR CERTAIN MAINTENANCE IN AN EXISTING DISTRICT, PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR THE PUBLIC MEETING AND PUBLIC HEARING THEREON. 6. Adopted Resolution No. 2003-15 -Setting Appropriation Limits for Fiscal Year 2003-2004 (Proposition 4). (F:30.1) RESOLUTION NO. 2003-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2003-04 FOR THE CITY OF LAKE ELSINORE IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE CALIFORNIA GOVERNMENT CODE. 7. Approved Change Order & Staff Request for additional Engineering Support Services by Noble Consultants, in an amount not to exceed $18,562. (F:68.1)(X:92.1) PUBLIC HEARINGS 21. Tentative Parcel Map No. 31011 and Tentative Tract Map No. 30789, Page Six - City Council Minutes -June 10, 2003 located North of McVicker Park and West of Grand Avenue and Lincoln Street, covering an area designated as the La Laguna Estates Specific Plan - APNs 391-260-047, O50 and 051. (F:110.2) Community Development Director Brady indicated that this was a Tentative Parcel Map for the sale of land; and a Tentative Tract Map to subdivide 82 acres into 116 residential lots. He advised that the Specific Plan area was just above McVicker Park, and this was one of a series of maps. He noted that there had been concerns regarding the hours of operation, so the City sent out inspectors and spoke with the applicant to assure compliance with the hours. He further noted that the applicant had requested e~ended hours for this tract in areas which were 1,000 feet ar more from the existing houses; and indicated that this could be included as a Condition of Approval. Mayor Brinley opened the Public Hearing at 7:25 p.m. Stephen Ford, representing the applicant, 3536 Concourse Drive, Ontario, indicated that they acknowledged and accepted the Conditions of Approval and offered to respond to comments. Mayor Brinley asked those persons interested in this project to speak. There were no comments in support, opposition or about the project. Councilman Hickman indicated that after reviewing this item, the only discrepancy would be that he would like to stick to the 7 a.m. to 5 p.m. working hours throughout the project. He suggested that the difference in location would not be distinguishable to the residents. Mayor Pro Tem Schiffner concurred that he would like to maintain the existing working hours, at least during the grading work. Community Development Director Brady confirmed that grading had been the concern to this point, and indicated that those hours of construction could be addressed with the Design Review. Mayor Pro Tem Schiffner indicated that he would Page Seven - City Council Minutes - June 10, 2003 support a motion to restrict working time for heavy equipment to 7 a.m. to 5 p.m. Councilwoman Kelley commented that the neighborhood was particularly sensitive to this development and stressed the number of e-mails received when work was done beyond the designated hours. She indicated that variable times in different areas did not make senses and would support standardized limits. Councilman Buckley questioned what the houses in Phase 1 would cost. Mr. Ford indicated, after consultation with the Project Manager, that Phase 1, would start in the mid-$200,000's, and no pricing had been determined for Phase 2. Councilman Buckley noted a billboard from the low $300,000's on the freeway; and suggested that the Phase 21ots were larger and mare appropriate for the site. He inquired if this tract would be participating in the Public Safety Operation and Maintenance Community Facilities District. Community Development Director Brady indicated that they would be required to participate in the City's Public Safety CFD, as part of the Specific Plan approval. Councilman Buckley addressed the hours of wark, noting that the work on Phase 1 had more than once violated the time restriction, and it would not be appropriate to reward that violation. He concurred that the 1,000 foot limit was not workable. He suggested a condition allowing the City to impose the maximum fine for any breach of the allowed time frame. Mayor Pro Tem Schiffner suggested that such verbiage would be redundant, as regulations were already in effect. Councilman Buckley questioned the procedure, if they work late now. City Attorney Leibold indicated that it would be a Code Enforcement citation for violation of the Code. She clarified that issues between a violation of the Condition of Approval vs. a violation of the Code, with the latter being more likely to carry monetary penalties. Councilman Buckley suggested that it would not be redundant, as he wanted to make it possible that pending further review by the City Attorney, he would like to be as strict as possible on enforcement of the conditions and Code. Mayor Brinley inquired if this Page Eight - City Council Minutes - June 10, 2003 would require a Code amendment. City Attorney Leibold indicated that the Condition, as requested, was acceptable. Councilwoman Kelley suggested that if they went past 5 p.m., the City could shut them down, which would be adequate sanctions, as that would be costly in itself. Councilman Buckley suggested closing them that day, plus an extra day. He stressed the need for punitive measures to address the violations. Councilman Hickman inquired what Councilman Buckley wanted to do. Councilman Buckley suggested ha~ing the City Attorney review for stringent enforcement. Mayor Brinley indicated that she thought they were aware of the issues with the first phase, and suggested that they would be mare sensitive in the future. She suggested if the City had to go out more than once, it should come back to the Council's attention. Mayor Pro Tem Schiffner indicated that he concurred that the Developer understood the concerns and knew that the Council did not intend to stand for work after 5 p.m.; and would do everything possible to enforce the limits. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO APPROVE TENTATIVE PARCEL MAP NO. 31011 AND TENTATIVE TRACT MAP NO. 30789 BASED ON EXHIBITS A THRU E, THE RECOMMENDED FINDINGS AND SUBJECT TO THE REVISED CONDITIONS OF APPROVAL, WITH THE STIPULATION THAT THE CONDITION WOULD REMAIN 7 A.M. TO 5 P.M., WITH NO WEEKEND OR HOLIDAY WORK. City Manager Watenpaugh indicated his understanding was that this would apply to all projects, and carried the ability to shut down beyond the time limit. Mayor Brinley closed the Public Hearing at 7:40 p.m. THE FOREGOING MO~'ION CARRIED BY A VOTE OF 4 TO 1 WITH Page Nine - City Council Minutes - June 10, 2003 BUCKLEY CASTING THE DISSENTING VOTE. Tentative Parcel Map No. 31011: 1. The proposed subdivision, together with the provisions for its design and improvements, is consistent with Amendment No. 1 to the La Laguna Estates Specific Plan No. 92-4, and therefore, the City of Lake Elsinore General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). 2. The site of the proposed division of land is physically suitable for the proposed density of development in accordance with the Specific Plan and General Plan. 3. The effects this project is likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environxnental resources have been considered and balanced. 4. Subject to the attached conditions of approval, the proposed division is not anticipated to result in any significant environmental impact. 5. The design of the proposed division of land or type of improvements aze not likely to cause serious public health problems. 6. The design of the proposed division on land or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed division of land. Tentative Tract Mao No. 30789: 1. The proposed subdivision, together with the provisions for its design and improvements, is consistent with Amendment No. 1 to the La Laguna Estates Specific Pian No. 92-4, and therefore, the City of Lake Elsinore General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Govemment Code Section 66473.5). Page Ten - City Council Minutes -June 10, 2003 2. The site of the proposed division of land is physically suitable for the proposed density of development in accordance with the Specific Plan and General Plan. 3. The effects this project is likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. 4. Subject to the attached conditions of approval, the proposed division is not anticipated to result in any significant environmental impact. 5. The design of the proposed division of land or type of improvements are not likely to cause serious public health problems. 6. The design of the proposed division on land or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed division of land. CONDITIONS OF APPROVAL - TENTATIVE PARCEL MAP NO. 31011 PLANNING DIVISION 1. Tentative Parcel Map No. 31011 will expire two (2) years from date of approval unless within that period of time a final map has been filed with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act (SMA). Additional extensions of time (36 months masimum time per the SMA) may be granted with City Council approval. 2. Tentative Pazcel Map No. 31011 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 3. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards or legislative body concerning Tentative Parcel Map No. 31011, which action is brought within the time period provided for in California Government Code Sections 65009 and/or 6649937, 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 Page Eleven - City Council Minutes - June 10, 2003 with the defense. If the City fails to promptly notify the Applicant of any such claim or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 4. The applicant shall sign and return an"Acknowledgment of Conditions" to the Community Development Department within 30 days of the Tentative Parcel Map approval. 5. The applicant shall comply with the requirements of the Lake Elsinore Unified School District under the provisions of SB 50, wherein the owner or developer sha11 pay school fees or enter into a mitigation agreement prior to the issuance of a certificate of compliance by the District. 6. The applicant shall comply with the requirements of the Riverside County Flood Control and Water Conservation District, as identified in their transmittal dated February 4, 2003 attached. 7. The applicant shall comply with the requirements of the Elsinore Valley Municipal Water District and construct water and sewer facilities per their Master Plan. 8. Construction on the properiy covered by this map is subject to all the Conditions of Approval of Amendment No. 1 to the La Laguna Estates Specific Plan, and subject to all the Conditions of Approval of the underlying Parcel Map No. 30787. 9. Construction on the property covered by this map shall comply with the approved Conceptual Landscape Plan far the entire La Laguna site. Said Conceptual Landscape Plan provides the overall theme and details regazding the streetscape, fencing and walls, entry monumentation, signage and lighting, to which all development shall comply. Said Plan was prepared in accordance with the Design Guidelines contained in the Specific Plan. 10. Prior to Final Pazcel Map, all lots shall comply with minimum standards contained in Title 16 of the Lake Elsinare Municipal Code. ENGINEERING DIVISION 11. 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. Page Twelve - City Council Minutes - June 10, 2003 12. 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. 13. Constnxct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to fmal map approval (LEMC 1634). 14. 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 Standazds, latest edition, and City Codes (LEMC 12.04 and 1634). 15. 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. 16. Desirable design grade for local streets should not exceed 9%. The maYimum grade of 15% should only be used because of design constraints. 17. The minimum horizontal curve radii on Sandpiper Drive shall be 300 feet. 18. Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of public warks improvements (LEMC 12.08 and Resolution 83- 78). 19. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8'/2' x 11" Mylaz) shall be submitted to the Engineering Division before final inspection of public works improvements are scheduled and approved. 20. Provide fire protection facilities as required in writing by Riverside County Fire. 21. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 22. Developer shall install blue reflective pavement mazkers in the street at a11 fire hydrant locations. Page Thirteen - City Council Minutes - June 10, 2003 23. 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. 24. All improvement plans and tract maps sha11 be digitized. At Certificate of Occupancy appiicant 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. 25. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 26. Applicant shall be required to construct or bond for a main collector road system which will provide two access points for each parcel prior to final map approval. 27. The development of Parcel 2 street circulation sha11 be in compliance with the La Laguna Estates Specific Plan Amendment No. 1 traffic study street network. 28. Applicant sha11 provide an appropriate bond for monumentation, unless sufficient survey information exists on filed maps to locate and retrace the eacterior boundary lines of the tract map. 29. Applicant sha11 provide two points of access for a11 parcels in Parcel Map 31011. 30. Upon demonstration to the City that an adjacent properry owner is unable to gain reasonable . access to an adjacent parcel (considering available option along the entire boundary of the parcel), City shall inform Developer and Developer agrees to take proactive measures to establish adequate access to accommodate the adjacent parcel. Alternatively, the City may require that Developer offer an easement for necessary ingress and egress solely to address the needs of the adjacent parcel. The conveyance of any easement pursuant to this condition shall not conflict with designated uses of property including any and all conservation, open space or mitigation use of property. 31. Sidewalks shall be installed on both sides of McVicker Canyon Road. 32. All open space and slopes, except for public parks and schools and Riverside County flood control district facilities, outside the public right-of-way will be owned and maintained by either a homeowner's association or private property owner. Page Fourteen - City Council Minutes - June 10, 2003 33. Construct access road 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 1634). 34. Applicant shall enter into an agreement with the City for the constnxction of the access road and drainage improvements and shall post the appropriate bonds prior to final map approval. 35. Apply and obtain a grading permit with appropriate security. A grading plan signed and stamped by a Cali£ Registered Civil Engineer shall be required if the grading exceeds 50 cubic yazds or the existing flow pattern is substantially modified as determined by the City Engineer. 36. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 37. An Alquist-Priolo study shall be performed on the site to identify any earthquake faults and/or liquefaction zones present on-site. 38. All grading shall be done under the supervision of a geotechnical engineer and he shall certify a11 slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height sha11 be contoured. 39. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent properiy owners by a letter of drainage acceptance or conveyed to a drainage easement. 40. 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". 41. All natural drainage trauersing site shall be conveyed through the site, or sha11 be collected and conveyed by a method approved by the City Engineer. 42. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of fmal map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 43. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. Page Fifteen - City Council Minutes - June 10, 2003 44. 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. 45. A drainage acceptance letter will be necessary from the downstream property owners if proposed stormwater run-off outlets onto private property. 46. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Boazd for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 47. In compliance with the Specific Plan Mitigation Measures, all open space lots shail be owned and maintained by the homeowners' association or other appropriate agency acceptable to the City. CONDITIONS OF APPROVAL - TENTATIVE TRACT MAP NO. 30789 PLANNING DIVISION Tentative Tract Map No. 30789 will expire two (2) yeazs from date of approval unless within that period of time a final map has been filed with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accardance with the Subdivision Map Act (SMA). Additional extensions of time (36 months masimum tune per the SMA) may be granted with City Council approval. 2. Tentative Tract Map No. 30789 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 3. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards or legislative body concerning Tentative Tract Map No. 30789, which action is brought within the time period provided for in California Government Code Sections 65009 and/or 6649937, and Public Resources Code Section 2ll67. The City will promptly notify the Applicant of any such claim, action, ar 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 Page Sixteen - City Council Minutes - June 10, 2003 harmless the City. 4. The applicant sha11 sign and return an"Acknowledgment of Conditions" to the Community Development Department within 30 days of the Tentative Tract Map approval. PRIOR TO FINAL TRACT MAP: 5. The applicant shall comply with the requirements of the Elsinore Valley Municipal Water DistricYs Service Commitment Letter dated December 4, 2002 attached. 6. The applicant shall comply with the requirements of the Lake Elsinore Unified School District under the provisions of SB 50, wherein the owner or developer shall pay school fees or enter into a mitigation agreement prior to the issuance of a certificate of compliance by the District. 7. The applicant shall comply with all requirements of the Riverside County Fire Department, as listed in their transmittal dated February 20, 2003 attached. 8. Construction on the property covered by this map is subject to all the Conditions of Approval of the La Laguna Estates Specific Plan, Amendments, and underlying Tentative Parcel Map No. 30787, unless superceded by these conditions. 9. All lots shall comply with minunum standazds contained in the Development Standazds approved with Amendment No. 1 to the La Laguna Estates Specific Plan No. 92-4. Where these standards are silent Title 16 of the Lake Elsinore Municipal Code shall apply. 10. A precise survey with closures for boundaries and alllots shall be provided per the LEMC. ll. The CiTy's Noise Ordinance shall be met during a11 site prepazation activity. Construction shall not commence before 7:00 a.m. and shall cease at 5:00 p.m., Monday through Friday. Construction activity shall not take place on Saturday, Sunday or any legal holidays. Construction hours may be extended from 5 p.m. to 7 p.m. until November 1, 2003 only provided that construction activity is at least 1, 000 feet from any occupied dwelling. Added by the Planning Commission, May 20, 2003 12. Street names within the subdivision shall be approved by the Community Development Director or designee prior to final map approval. 13. All of the improvements shall be designed by the developer's Civil Engineer to the Page Seventeen - City Council Minutes - June 10, 2003 specifications of the City of Lake Elsinore. 14. The applicant shall comply with the Mitigation Monitoring Program prepared and updated for Amendment No. 1 to the La Laguna Estates Specific Plan No. 92-4. 15. The applicant sha11 initiate and compiete the formation of a Homeowners' Association, approved by the City, recorded and in place. All Association documents shall be approved and recorded, such as the Articles of Incorporation for the Association, and Covenants, Conditions and Restrictions (CC & R's). The HOA shall be responsible for the maintenance of all open space areas. PRIOR TO BUILDING PERNfIT AND GRADING PERMITS: 16. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 17. Prior to issuance of the first building permit, the applicant shall participate in a Community Facilities District or make other arrangements with the City to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City, including city-wide improvements and facilities relating to fire and police protection. 18. The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 19. The developer shall submit plans to the electric utility company for a layout of the street lighting system. The cost of street lighting, installation as well as energy chazges shall be the responsibility of the developer and/or the Association until streets are accepted by the City. Said plans shall be approved by the City and shall be installed in accordance with the City Standazds. 20. The applicant shall meet all requirements of the providing electric utility company. 21. The applicant shall meet all requirements of the providing gas utility company. 22. The applicant shall meet all requirements of the providing telephone utility company. 23. A bond is required guaranteeing the removal of all irailers used during construction. Page Eighteen - City Council Minutes - June 10, 2003 24. All signage shall be subject to Planning Division review and approval prior to installation. 25. Landscape Plans for the tract shall include vegetative screening of all retention basins. 26. Any alterations to the topography, ground surface, or any other site prepazation activity will require appropriate grading permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and a11 grading must meet the City's Grading Ordinance, subject to the approval of the City Engineer and the Planning Division. Analysis of impacts of fills and cuts greater than sixty feet (60') shall be provided. Interim and permanent erosion control measures are required. The applicant sha11 bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. PRIOR TO DESIGN REVIEW: 27. All future structural development associated with this map requires separate Design Review approval. 28. Elevation drawings for Design Review shall include four-sided azchitectural features. 29. Slopes on individual lots that aze in excess of three feet in height shall be installed, landscaped and irrigated by the developer. 30. A detailed fencing plan shall be required for review and approval during the Design Review process. ENGINEERING DIVISION 31. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 32. Developer shall provide a minimum 40 ft. easement and a drivable surface access road from McVicker Canyon Road to the earthen dam at the southerly boundary of the Tract. 33. Developer shall construct the circulation element of the Amended Specific Plan as shown in the traffic study. 34. Pay all Plan Check fees (LEMC 1634, Resolution 85-26). Page Nineteen - City Council Minutes - June 10, 2003 35. Submit a"Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made far this project. Submit this letter prior to final map approval. 36. 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 1634). 37. Street improvement plans and specifications shall be prepared by a Cali£ Registered Civil Engineer. Improvements shall be designed and conshucted to Riverside County Road Deparhnent Standards, latest edition, and City Codes (LEMC 12.04 and 1634). 38. 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. 39. Desirable design grade for local streets should not exceed 9%. The maacimum grade of 15% should only be used because of design constraints. 40. The minimum horizontal curve radii on Sandpiper Drive shall be 300 feet. 41. Interior streets shall be designed with 9% as the desired grade and intersecting streets shall meet at a maximum grade of 7% 42. 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). 43. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8'/z" x 11" Mylaz) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 44. The applicant shall install one permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 45. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 46. Provide fire protection facilities as required in writing by Riverside County Fire. Page Twenty - City Council Minutes - June 10, 2003 47. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 48. Developer shall install blue reflective pavement markers in the street at ali fire hydrant locations. 49. 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 sha11 be installed priar to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the tract. 50. 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. 51. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 52. Apply and obtain a grading permit with appropriate security. A grading plan must signed and stamped by a Cali£ Registered Civil Engineer, subject to the approval of the City Engineer. 53. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 54. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 55. All 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. 56. Individual lot drainage sha11 be conveyed to a public facility or accepted by adjacent properry owners by a letter of drainage acceptance or conveyed to a drainage easement. 57. 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". Page Twenty-One - City Council Minutes -June 10, 2003 58. 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. 59. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 60. All drainage facilities in this tract sha11 be constructed to Riverside County Flood Control District Standards. 61. 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. 62. Storm drain inlet structures for open space areas shall be provided with a basin to prevent silt and trash from entering into the storm drain pipe. 63. Roof and yard drains will not be allowed to outlet through cuts in the sireet curb. Roof drains should drain to a landscaped azea when ever feasible. 64. 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 shouid be installed. 65. Verify that the proposed storm drain is connecting to an existing storm drain that has the capacity to accept the additional storm water runoff and provide mitigation if the downstream storm drain does not have the capacity for the increased runoff. 66. A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed stormwater run-off on private property. 67. Construct an~inergency spillway for the catch basin at the intersection of B St. and C Street. 68. Construct an emergency spiilway for detention basins A and B. 69 D Court must drain into E Court. 70. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for Page Twenty-Two - City Council Minutes - June 10, 2003 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 S WPPP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 71. 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. 72. Intersection site distance shall meet the design criteria of the CALTRANS Design Manual (particular attention, should be taken for intersections on the inside of curves). If site distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. 73. Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered civil engineer. 74. Developer sha11 design and construct a traffic signal at the intersection of Lincoln St. and Westwind Drive. The traffic signal shall be installed and operational at the 50~' certificate of occupancy. 75. No residential lot shall front and access shall be restricted on McVicker Park Road and so noted on the fmal map. 76. Applicant shall record CC & R's for the tract prohibiting on-street storage of boats, motor homes, trailer, and trucks over one-ton capacity, roof mounted or front yard microwave satellite antennas. The CC & R's shall be approved by the Community Development Directar prior to recordation of final map. 77. Applicant shall provide a homeowner's association with CC & R's for maintenance of the open space and concrete brow ditches. 78. Developer shall provide an approved open space conservation easement for the tracts open space with a fuel modification zone for a fire break to be maintained by a homeowner's association. ~ Page Twenty-Three - City Council Minutes - June 10, 2003 79. 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. Concrete brow ditches on slopes will be owned and maintained by a HOA or private property owner. 80. Show a detail of the concrete brow ditches that drain from the slope to outletting into the street. From the toe of the slope to the outlet in the street the drainage facility should be a pipe underground. 81. 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. 82. The applicant shall post a$5,000.00 performance bond or other acceptable form of security to address future law enforcement needs that may be caused by potential project construction violations and the enforcement of the City's Noise Ordinance and Condition of Approval # 11. The performance bond shall remain in effect for the term of construction and shall be: (1) acceptable to the applicant, (2) in a form approved by the City Attorney, and (3) reasonably addresses additional enforcement requirements that are not feasibly addressed by the Sheriff's Office. 22. Tentative Tract Map No. 30754 (Canvon Hills Specific Plan). (F:160.2) Community Development Director Brady provided an overview of this request for the subdivision of about 35 acres into 1461ots. He explained that this proposal was for small lot single family development and detailed the proposed lot sizes. He advised that the streets in the area would be private streets, however, they would not be gated at this point in time. He further advised that they would be maintained by the HOA within the project. He indicated that one issue of concern to the Planning Commission was the turning radius in the lrnuckle on one of the streets, which would need to be worked out with staff. Mayor Brinley opened the Public Hearing at 7:45 p.m. Page Twenty-Four - City Council Minutes - June 10, 2003 Jim Stringer, representing Pardee Homes, 1181 California Avenue, Corona, concurred with the staff report and urged approval of the proj ect. Steve Noreen, 32255 Navajo Spring Road in Wildomar, noted the previously mentioned concerns with Lost Road and the dust factors, and indicated that the concerns were being worked out. He thanked City staff and Mr. Brady for their professionalism and courtesy in assisting them; thanked the Council for their understariding of the concerns and Mr. Stringer for his generosity in working out the problems. Mayor Brinley asked those persons interested in this project to speak. There were no comments in support, opposition or about the project. Councilwoman Kelley thanked Mr. Noreen for this comments on the resolution of his concerns. She indicated that her questions had been answered earlier regarding the street and lot size. She noted that she was previously unaware that there would be private streets with no gate, maintained under a HOA. She expressed support for the project. Councilman Buckley questioned the product for this group of homes. Mr. Stringer indicated that they would be single family detached, 1,600 to 1,800 square feet. Mayor Brinley questioned the style of these homes. Mr. Stringer indicated that they would include Tuscan, Spanish and Traditional styles. Councilman Buckley questioned the size fizrther. Mr. Stringer indicated that they would be two story homes. Councilman Buckley inquired if the adjacent property would be similar to this project. Mr. Stringer indicated that the adjacent lot was currently multi-family high density, but they were working to revise the plan to be similar to this one. Councilman Buckley commented that the lots were a little bigger and had more variation in the streets, which was an improvement over what could have been. Page Tweuty-Five - City Council Minutes -June 10, 2003 Mayor Pro Tem Schiffner questioned the private streets and the reasoning behind it. Mr. Stringer indicated that the streets would take up less space, and allow more property for the lots, but would make the streets narrower than public streets. He commented that they could provide more units and get the prices dovun a bit. Mayor Pro Tem Schiffner questioned the possibility of restricted access to those streets. Mr. Stringer indicated that the access might be restricted by the HOA. Councilman Hickman questioned how narrow the narrow streets would be. Mr. Stringer indicated that they would be about 42' curb to curb, allowing for two driving lanes and two parking lanes. Councilman Hickman noted that this project could have been multi-family high density. Mr. Stringer confirmed. Councilman Hickman inquired if the change was due to habitat. Mr. Stringer indicated that they chose not to build condos or apartments, and were looking at about the $200,000's for a starting price. Councilman Hickman inquired if the next area would be a duplicate of this project. Mr. Stringer indicated that it would be very similar. Councilman Hickman questioned the situation on Lost Road and the man who said it went across his land. Mr. Stringer indicated that such an issue would be with the title company or his neighbors. Mayor Brinley expressed concern with private streets, and inquired if maintenance of those streets would be included in the annual HOA fees. She stressed the expense of repairing those streets, and questioned the HOA's ability to maintain them. Mr. Stringer indicated that the HOA would collect monthly dues that would go into a fund to repair the road; and clarified that the Department of Real Estate would require that. Mayor Brinley stressed that she did not want future Council's to have to deal with the flack for lack of repairs in that area. Mr. Stringer further clarified the requirements. Mayor Brinley questioned the ability to gate the community in the future, without Council approval. Mr. Stringer indicated that the way the conditions were written, the answer would be yes. City Manager Watenpaugh noted that there might be some associated public safety Page Twenty-Six - City Council Minutes -June 10, 2003 concerns to address. Mayor Brinley indicated that she was glad to see that there would be entry level homes, instead of apartments. Mr. Stringer noted that they were giving up about 300 units to change that. Councilman Buckley questioned the gating issue and noted the natural place for a street to be gated. City Attomey Leibold indicated that it was her understanding that the authority to gate the street would require City approvaL Mayor Brinley'expressed concern with the ability to gate a public street. Mr. Stringer indicated that his comment was based on the fact that the issue was not referenced in the conditions of approval. He indicated that the only public road would be the entry to this project. Mayor Brinley inquired if there would be a problem with the addition of a condition that gating would have to come back before the Council. Mr. Stringer concurred. MOVED BY SCHIFFNER, SECONDED BY BRINLEY TO APPROVE TENTATIVE TRACT MAP 30754, BASED UPON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL, WITH THE ADDITION THAT GATING OF STREETS WOULD REQUIRE FURTHER APPROVAL. Mayor Brinley closed the Public Hearing at 7:55 p.m. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. Mayor Brinley commended the developer on the product. FINDINGS 1. TTM No. 30754, 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 compa6ble with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). Page Twenty-Seven - City Council Minutes -June 10, 2003 2. The effects that TTM No. 30754 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 haue been considered and balanced. 3. The design of TTM No. 30754 provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision. (Governmental Code Section 664123) CONDITIONS OF APPROVAL - TENTATIVE TRACT MAP 30754 PLANNING DIVISION GENERAL 1. Tentative Tract Map No. 30754 will expire two yeazs from date of approval unless within that period of tune a Final Map has been filed with the County Recorder, or an extension of time is granted by the City of Lake Elsinare City Council in accordance with the Subdivision Map Act. Addi6onal extensions of time (36 months maximum tnne per the Subdivision Map Act) may be granted per City Council approval. 2. Tentative Tract Map No. 30754 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code (LEMC), unless modified by approved Conditions of Approval. 3. Approval of Tentative Tract Map No. 30754 is contingent upon recordation of Final Parcel Map No. 30962. 4. Future development sha11 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. 5. Tentative Tract Map No. 30754 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 Elsinore Municipal Code (LEMC), unless modified by approved Conditions of Approval. Page Twenty-Eight - City Council Minutes - June 10, 2003 6. 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. 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. 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. 10. All future proposals shall be reviewed by the City on a project-by-project basis. If determined necessary by the Community Development Director or designee, additional environmental analysis will be required. 11. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning implementation and construction of the Canyon Hills Specific Plan, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. 12. 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. 13. 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. 14. Prior to construction of Lot 128, the applicant shall final a new tract map for the Lot 128 area, which subdivides said lot for single-family detached residential units. PRIOR TO FINAL TRACT MAP Page Twenty-Nine - City Council Minutes - June 10, 2003 15. The applicant shall submit plans subject to approval by the Community Development Director or designee which shows that a fence and screen will be installed around the large lot (Lot 128) and a mixture of hydroseed will be planted onsite. 16. All lots shall comply with minimum standards contained in Section 17.23 of the LEMC. 17. A precise survey with closures for boundaries and a111ots shall be provided per the LEMC. 18. Street names within the subdivision shall be approved by the Community Development Director or Designee. 19. All of the improvements shall be designed by the applicant's Civil Engineer to the specifications of the City of Lake Elsinare. 20. The applicant sha11 comply with all conditions of the Riverside Count7 Fire Deparhnent 21. The applicant shall meet a11 requirements of Elsinore Valley Municipal Water District (EVMWD). PRIOR TO DESIGN REVIEW APPROVAL 22. All future shuctural development associated with this map requires separate Design Review approval. 23. Prior to Design Review approval, the applicant shall show the following: • Prepare Conceptual Landscape Plan for Model Home Complex which describes species, size, and location of trees, shrubs, groundcover, hardscape, etc. to be provided. • Show that architectural treatments and articulation will be provided along all elevations, not only the front elevations. At a minimum, foam surrounds will be provided around all windows located along the side and rear elevations. • Those side and rear elevations that are within the public view will be provided with additional architectural enhancements and articulations. Page Thirty - City Council Minutes - June 10, 2003 • Show that those materials provided along the front elevarions (ie. brick, stone, etc.) will wrap around the side elevation and be flush with the front return walls. • All front return walls shall be constructed of decorative masonry concrete block. Wooden front returns are not allowed. • Perimeter wa11s azound the subdivision shall be of decorative masonry concrete block. 24. Design for all drainage basins proposed approved by the City Engineer and Comm fencing shall also be shown. Chain-link fe: Tentative Tract Map No. 30754 shall be Development Director or designee. Security is prohibited. PRIOR TO BUILDING PERMIT/GRADING 25. Prior to issuance of any grading permit complete an "Acknowledgment of Conc Community Development Department. building permit, the applicant shall sign and and shall return the executed ariginal to the 26. The applicant shall obtain all necessary ; entitlements, where applicable, prior to each 27. Prior to issuance of building permit, a Fuel P by the Fire Department for fuhue phases. I treatments necessazy to achieve an accepta structures to flaminable vegetation and shall and provisions for maintenance. 28. The applicant shall comply with the fc and Recycling Element and Household Management Plan and Integrated Waste 29. Prior to issuance of building permit, the serve letter) to the City Engineer, for all r 30. The applicant shall meet all requirements (EVMWD). and Federal permits, approvals, or other of development of the project. fication Plan and Program shall be approved Plan and Program sha11 show those special level of risk in regard to the exposure of ribe the method of removal and installation, City programs: the City Source Reduction us Waste Element, the County Solid Waste nent Plan. nt shall submit a letter of verification (wiil- utility services. Elsinore Va11ey Municipal Water District Page Thirty-One - City Council Minutes -June 10, 2003 31. All subdivision tracts shall annex into the existing Canyon Hills Homeowner's Association. 32. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 33. Pay a11 applicable fees including pazk fees. 34. The applicant shall provide connection to public sewer for each lot within any subdivision. No service laterals shall cross adjacent property lines and shali be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 35. The applicant (master developer) shall prepare a Community-Wide Wall Plan for the entire Canyon Hills area. 36. Prior to issuance of building permit, the applicant shall prepaze a Final Wall and Fence Plan addressing the following: • Show that a masonry or decorative block wall will be constructed along the entire tract boundary. • Show materials, colors, and heights of rear, side and front walls/fences for proposed lots. • Show that front return walls shall be decorative masonry block walls. Front rehxrn wood fences shall not be permitted. • Show that side wa11s for corner lots shall be decorative masonry block walls. • Show that those materials provided along the front elevations (ie. brick, stone, etc.) will wrap around the side elevation and be flush with the front return walls. 37. 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 instailed in accordance with the City Standards. 38. The applicant shall meet all requirements of the providing electric utility company. 39. The applicant shall meet all requirements of the providing gas utility company. Page Thirty-Two - City Council 40. The applicant sha11 meet all requirements -June 10, 2003 providing telephone utility company. 41. A bond is required guazanteeing the removal of all trailers used during construction. 42. All signage shall be subject to Planning 43. Any aiterations to the topography, ground sw require appropriate grading permits. A recommendations will be required for grading City's Grading Ordinance, subject to the ap~ Division. Analysis of impacts of filis and cut Interim and permanent erosion control mea: 100% for material and labor for one (1) yeaz site is rough graded. review and approval prior to installation. ~ce, or any other site preparation activity will Geologic Soils Report with associated iermit approval, and all grading must meet the oval of the City Engineer and the Planning greater than sixty feet (60') shall be provided. ~res are required. The applicant shall bond ~r erosion control landscaping at the time the 44. The City's Noise Ordinance shall be met d~ shall not commence before 7:00 AM and Construction activity shall not take place on', 45. The applicant shall post a$5,000.00 perforn to address future law enforcement needs that violations. The performance bond shall rer shall be: (1) acceptable to the applicant, (2) i: reasonably addresses additional enforcement the SherifPs Office. all site preparation activity. Construction ; at 5:00 PM, Monday through Friday. ay, Sunday, or any Legal Holidays. ;e bond ar other acceptable form of security y be caused by potential project construction i in effect far the term of construction and form approved by the City Attorney, and (3) uirements that are not feasibly addressed by 46. The applicant shall restrict all construction traffic from using Lost Road, south of the project boundary. All construction traffic will access ~he project area from Canyon Hills Road. 47. Throughout construction, as deemed appr~ suppression along Lost Road to minimize dust suppression techniques may include placement of gravel or other appropriate m e by the City and the applicant, fugitive dust 've dust generation shall be applied. Fugitive watering, application of soil binders, and/or il to minimize vehicle generated dust. ENGINEERING 48. All Public Works requirements shall be ied with as a condition of development as Page Thirty-Three - City Council Minutes -June 10, 2003 specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 49. Tentative tract map 30754 shall be subject to all applicable conditions of approval of tentative tract 23848 (Cottonwood Hills Development) and the approved Specific Plan. 50. Pay all Development and Plan Check fees (LEMC 1634, Resolution 85-26). 51. Submit a"Will Serve" letter to the City Engineering Department from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. 52. Lettered lot A, B and C shall be owned and maintained by a homeowner's association. 53. The applicant shall construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer priar to final map approval (LEMC 16.34). 54. Street improvement plans and specifications shall be prepazed by a Cali£ 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). 55. 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. 56. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department far construction of public works improvements (LEMC 12.08 and Resolution 83-78). 57. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8%z' x 11" Mylar) shall be submitted to the Engineering Department before final inspection of public works improvements will be scheduled and approved. 58. The applicant shall obtain all necessary off-site easements for off=site grading from the adjacent property owners priar to final map approval. 59. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or a11ey shall be the responsibility of the property owner or his agent. Page Thirty-Four - City Council 60. Provide fire protection facilities as required in 61. Provide street lighting and show lighting as required by the City Engineer. 62. The applicant shall install blue reflective locations. -June 10, 2003 by Riverside County Fire. as part of street improvement plans markers in the street at all fire hydrant 63. The applicant shall submit a traffic control p~an showing all tr~c control devices for the tract to be approved prior to final map appro~al. All traffic control devices sha11 be installed prior to final inspection of public improve~ents. This includes No Parking and Street Sweeping Signs for streets within the tract. 64. All improvement plans and tract maps sha11 be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs whic~ aze compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digiYizing. 65. All utilities except electrical over 12 kV serving utility. be placed underground, as approved by the 66. If grading exceeds 50 cubic yards, grading Civil Engineer and approved prior to gr~ applicant shall obtain a grading permit and 67. The applicant shall provide soils, geolo recommendations. The applicant shall also with recommendations. 68. All grading shall be done under the su~ certify all slopes steeper than 2 to 1 for sta slopes greater than 30 ft. in height shall be 69. Individual lot drainage shall be conveyed to a owners by a letter of drainage acceptance or a 70. On-site drainage facilities located outside of drainage easements shown on the final map. . "Drainage easements shall be kept free of buil~ > shall be prepared by a California Registered permit issuance. Prior to any grading, the appropriate security. ~ and seismic report including street design vide a final soils report showing compliance on of a geotechnical engineer and he shall and proper erosion control. All manufactured facility or accepted by adjacent property 3 to a drainage easement. oad right-of-way should be contained within note should be added to the final map stating ngs and obstructions". Page Thirty-Five - City Council Minutes - June 10, 2003 71. AIl natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 72. The applicant shall submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of final map. The applicant shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 73. All drainage facilities in this tract shall be constnxcted to Riverside County Flood Control District Standards. 74. Storm drain inlet facilities sha11 be appropriately stenciled to prevent illegally dumping in the drain system; the wording and stencil shall be approved by the City Engineer. 75. 10-year storm runoff sha11 be contained within the curb and the 100-yeaz storm runoff shall be contained within the street right-of-way. When either of these criteria is exceeded, drainage facilities shall be installed. 76. The storm drain and detention basin in lot B shall be owned and maintained by an HOA. 77. A drainage acceptance letter will be necessary from the downstream properiy owners for outletting the proposed stormwater run-off on private property. 78. 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. 79. Education guidelines and Best Management Practices (BMP) sha11 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 goais of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 80. A Street is on the inside of a curve and will only be permitted when adequate sight distance is verified by a registered civil engineer. If site distance can be obstructed, a speciallimited use easement must be recorded to limit the slope, type of landscaping and wall placement. Page Thirty-Six-City Council Minutes ;-June 10, 2003 81. The width and turning radii of private : Dept. prior to fmal map approval. The ~ tlxrning radii to accommodate a city trash 82. Canyon Hills Road and Lost Road shall be i Specific Plan Transportation Phasing Progran intersections and/or driveways for safety prior 83. The knuckle for Lost Road and Sprucev constructed in compliance with Riverside deemed acceptable by the City EnQineer. 84. No residential lot shall front and access Road, and so noted on the final map. 85. The applicant shall provide a homeowner's open space. 86. The large open space lots adjacent to modification zones for a firebreak to be 87. The developer shall comply with a Cultural approval ar grading permit (whichever oa evaluations by qualified archaeologists and and a detailed plan for appropriate mitigat Development Director. Compensation for di by a program to recover information from where required by the EIR. In the event sigr removed before grading occurs. 88. In accordance with the City's Franchise applicant shall be required to contract with material, debris, vegetation and other rubl and grubbing or all other phases of construc must be approved by Riverside County Fire streets must be wide enough with sufficient proved as specified in the Cottonwood Hills except for the allowance of left turn lanes at ~ the first certificate of occupancy. along the northwesterly boundary shall be nty Road Dept. Standazds, or as otherwise be restricted on Canyon Hills Road and Lost with CC & R's for maintenance of the lots sha11 have areas designated as fuel by a homeowner's association. ~urces Mitigation Program prior to final map first). The program shall be based on site orians to establish significance of each site subject to the approval of the Community ances to cultural resources shall be provided ~ that shall be monitored by archaeologists nt historic material is discovered, it shall be eement for waste disposal & recycling, the ~R Inc. for removal and disposal of a11 waste generated during cleaning, demolition, clear Page Thirty-Seven - City Council Minutes -June 10, 2003 BUSINESS ITEMS 31. Second Reading Ordinance No. 1098 regarding Liberty Specific Plan No. 93-3, Amendment No. 4. (F:150.2) MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. 1098, UPON SECOND READING BY TITLE ONLY: ORDINANCE N0.1098 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING SPECIFIC PLAN NO. 93-3, AMENDMENT NO. 4, AN AMENDMENT FOR THE REMOVAL OF PARCELS WITHIN THE APPROVED LIBERTY SPECIFIC PLAN, SPECIFICALLY DESCRIBED AS APN 370-080- 014. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCffiFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. Second Reading Ordinance No. 1099 regarding Zone Change from Liberty Specific Plan to M-1 (Limited Manufacturing). (F:172.1) MOVED BY BUCKLEY, SECONDED BY KELLEY TO ADOPT ORDINANCE N0.1099 UPON SECOND READING BY TITLE ONLY: Page Thirty-Eight - City Council Minutes - June 10, 2003 ORDINANCE N0.1099 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING ZONE CHANGE NO. 2003-O1, CHANGING THE ZONING DESIGNATION OF PARCELS SPECIFICALLY AS APN 370-080-014 FROM RESIDENTIAL 2 IN THE LIBERTY SPECIFIC PLAN TO M- 1(LIMITED MAN [TFACTURING) UNDER THE ZONING CODE AND MAP. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 33. Palm Tree Donation. (F:157.1) City Manager Watenpaugh deferred to Public Works Manager Payne, and indicated that this action included notification as required by the Palm Tree Preservation Committee. Public Works Manager Payne explained this offer of donation and request for funding to relocate the donated trees. He indicated that they would be used for replacement of existing trees and placement on public beaches. He indicated that there was also a tree identified by the Committee encroaching on the sidewalk and street area, which was also recommended for relocation to Grand Avenue. He detailed Page Thirty-Nine - City Council Minutes - June 10, 2003 the proposed locations for the trees and indicated that the cost for removal and replanting would be $9,973. City Manager Watenpaugh noted the cost benefits of relocating existing trees vs. buying new trees. Mr. Payne indicated that the cost to buy trees was between $100 and $800 per tntnk foot, which would be well above the cost to transfer these trees. . Councilwoman Kelley noted that the preservation committee was used to review this type of request, and such a donation was within the guidelines. Mayor Pro Tem Schiffner questioned the trees the Committee found to be in jeopardy and inquired how many were still left. Public Works Manager Payne indicated that there were other trees on the list which should still be relocated. Mayor Pro Tem Schiffner inquired why they had not been relocated. Public Works Manager Payne indicated that they were trying to find locations for them. Councilman Buckley had not comments. Councilman Hickman indicated that he was not familiar with palm trees, but based on the potential costs, he would suggest spending the money to relocated them. He inquired if this action would be going with the recommendations of the Palm Tree Committee on which Mr. Fleming and Mr. LaPere participated. Staff confirmed that this was in line with their recommendations. Mayor Brinley noted that Mr. LaPere chaired the committee and did a fine job; and she expressed support for the recommendation. Councilman Hickman noted that Mr. Fleming was also present at this meeting. Page Forty - City Council Minutes - June 10, 2003 MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ACCEPT THE DONATION OF THE FOUR CANARY ISLAND DATE PALMS AND AUTHORIZE STAFF TO RELOCATE THE PALM ON SPRING STREET ADJACENT TO PIONEER LUMBER; AUTHORIZED THE RELOCATION OF PALMS TO LAKESHORE, LAKE STREET AND GRAND AVENUE ENTRANCE SIGN, AS WELL AS THE SEAPORT MARINA BOAT LAUNCH FACILITY; AND AUTHORIZED THE EXPENDITURE OF $9,973 FROM TAE CITY'S GENERAL FLJND RESERVE FOR THE RELOCATION PROJECT. ITEMS PULLED FROM THE CONSENT CALENDAR Investment Policy - Annual Review. (F:120.1)(X:12.5) City Manager Watenpaugh indicated that this item was related to the City's investments, and required to be reviewed annually. He indicated that the City had always invested everything in the LAIF program, which received a 2345% fixed rate of return. He commented that no one on staff was qualified to invest these funds, however if the Council wanted to change the policy, it would be a policy decision and staff could return with a report. Councilman Buckley indicated that he had been concerned with this Investment Policy for some time, as the City could invest in Derivatives; and requested Council approval to remove the word "Derivatives" from the policy. He stressed his concern for derivatives or zero sum investment vehicles. He commented that the policy mentioned that the City would diversify its investments, however that had never been done, and he would like to see that happen, if possible. Mayor Brinley suggested a study session to evaluate hiring a firm to make investment. She commented that the Council had looked into this and considered putting the funds with Standard and Poors, etc., but after the Page Forty-One - City Council Minutes -June 10, 2003 Orange County issues, decided to remain risk free. She suggested bringing the matter to a study session and having staff gather the necessary information. Mayor Pro Tem Schiffner suggested requesting staff to request proposals from investment people to present at a study session. Councilman Buckley suggested that in the near future staff bring back sample investment policies and investigate the possibility of doing something with an outside advisor with safety of the funds being the first priority. He noted that other cities were doing it and even after paying the advisor were doing better. City Manager Watenpaugh noted that the new Finance Director would be starting soon, and suggested waiting for him to get started to consider new recommendations. Councilman Hickman commented that the new Director was coming on board, but he felt more could be gained from the funds, so he would like to see what he would propose. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE ANNUAL REVIEW OF THE 1NVESTMENT POLICY. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Ron LaPere, 16867 Wells, thanked the Council for following the Committee recommendation to relocate the Canary Palms, and noted that some were 70 years old. He noted that Tim Fleming worked very hard with him on the Palm Tree Committee, and detailed the other participants. He advised that his biggest questions for tonight was relative to the Railroad Canyon freeway exit and entrance; and stressed the need far another e~t and entrance from the I-15 to the City. He recommended doing something to get Caltrans' attention quickly, and stressed the severity of the traffic situation. He suggested that the traffic was Page Forty-Two - City Council Minutes - June 10, 2003 impacting the Tuscany Hills area with regard to the elapsed time for police and fire response. Lorraine Watts, 210 N. Scrivener, invited the Council and the Public to the third annual Juneteenth Celebration from 11 a.m. to 5 p.m. at McVicker Park. She provided a brief explanation of June 19`~', 1865 and the event which was considered the date the last slaves in America were set free. She noted that this was two and a half years after the Emancipation Proclamation, and was symbolically similar to the 4`~' of July for all Americans. She invited everyone to attend the event and noted that they would have food, vendors and musia She advised that the event was sponsored by the NAACP and the African American Outreach Committee. Paula Graver, 218 Ellis Street, read an e-mail regarding the "Support our Troops" rallies, from the wife of someone deployed in Kuwait, noting their appreciation for the rallies. She stressed that the troops had not all returned yet, and indicated that they would continue to hold rallies in front of Burger King, excluding the Juneteenth event. She advised that this Saturday, families of those serving in the war could join her with e~ctra tickets to the Baseball game. Tim Fleming, 17970 Lakeshore, noted a recent Planning Commission meeting that included a discussion of manufactured homes in Lake Elsinore, and noted a lot of them seemed to be unfinished, however an occupancy permit had been issued. He suggested that it would have taken the contractor 30 more days to finish the home, and he could not image the homeowner continuing to complete the house. He encouraged completion of homes, before occupancy permits were completed, to be sure they did not become eyesores. He also commented on the annual budget and requested that it be balanced. He addressed the Palm Tree issue, and suggested that instead of the one near Pioneer Lumber, there were other trees that were endangered. He indicated that there were no power lines at the Pioneer Lumber location, and suggested contacting the business owners to discuss options. He also announced that he would be running for City Council in November. Page Forty-Three - City Council Minutes - June 10, 2003 Bob Magee, 32400 Beechwood, noted that last Friday, the Riverside County Sheriffls Department received word of $165 million grant to hire 22 new full time deputies. He indicated that the grant provided for 75% of the funding for the new positions and the County would have to provide the other 25%. He noted that the City was still discussing the budget, and urged staff to contact the County to participate in this program. He suggested that by sharing with the County, it might be possible to acquire even more new deputies than were envisioned. He indicated that the Board of Supervisors had tentatively approved the budget, but with the State budget constraints they might welcome the assistance. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1) Addressed ingress and egress to Diamond Drive, and indicated that the original project with Liberty included on and off ramps for Olive Street. He noted that it had not been dropped, but the focus at this point was on working on Railroad Canyon with Caltrans. He expressed hopes for information on what Caltrans would approve, in the very near future, and then the City can look at matching funds for the project. 2) Addressed the tree on Spring Street, and noted that part of the reason was the ability to put in curb, gutter and sidewalks; but agreed that staff would also look at other trees. 3) Indicated that staff was aware of the Sheriff s grant funding, which was requested a year ago; however according to Chief Walsh, the City would not be able to participate. He agreed to double check this information. 4) Indicated that the State was still uncertain as to what they were doing, but letters had been written requesting no cuts to local government. Page Forty-Four - City Council Minutes - June 10, 2003 He noted that there was discussion of permanent cuts, but expressed concern that this would penalize the cities for what the State has done. 5) Indicated that the Budget and the Parity Study would be addressed on June 17"' at City Hall; and the MSHCP on the 18`E' at the Cultural Center. 6) Congratulated the Korn Memorial Scholarship winners. 7) Commended the Chamber on the Student of the Year Awards. CITY ATTORNEY COMMENTS City Attorney Leibold noted that there were no Closed Session discussion items for the City Council. COMMTTTEE REPORTS No Reports. CITY COUNCIL COMMENTS Councilwoman Kelley commented on the following: 1) Congratulated the Korn Memorial Scholarship winners. 2) Congratulated the High School Graduates and encouraged them to attend Grad Night and stay safe and sober. 3) Congratulated the Chamber on the event honoring the Students of the Year. Page Forty-Five - City Council Minutes - June 10, 2003 4) Thanked Joyce Smith for the Waves of Warship event at the Diamond. 5) Told Council that she attended the Art Show by Willie Davis, which was quite interesting; noting that he decided to come back and gather other people interested in art and what is good in the community. She indicated that the Art Show was very well attended at the Bella Gallery. Councilman Hickman commented on the following: 1) Congratulated HOPE on their program last Saturday, and noted that it was very educational. 2) Thanked Tom Raymond for the party at their house, noting that a great time was had by all. 3) Encouraged attendance at the Chamber's Reverse Raffle Drawing. 4) Thanked the Edison Company for their Chamber Mixer. 5) Congratulated Jerry Harmatz on his recognition as Elk of the Year. 6) Noted the upcoming celebration of the Storm 10`h Anniversary with fireworks and e~ra activities. 7) Announced the June 14"' Kids Fishing Derby and encouraged everyone to catch carp. 8) Thanked the RDA and Homeless Task Forces for their hard work, and looked forward to their recommendations. Page Forty-Six - City Council Minutes - June 10, 2003 9) Noted ongoing problems with the traffic lights at Diamond/Summerhill and encouraged staff to work on them further. 10) Congratulated the new Tuscany Hills Board Members on their election. 11) Congratulated the graduates and stressed the value of a good education and a good job. Councilman Buckley commented on the following: 1) Addressed the issue of occupancy before completion of houses and asked that staff review what was happening. Community Development Director Brady agreed to investigate the situation. 2) Advised that if anyone was in Riverside on the 11~' at 9 a.m., the RCTC would be discussing the internal County corridor, and encouraged support of the Lake Elsinore corridor. 3) Reiterated the invitation to attend the Juneteenth event on June 21S` 4) Noted that this Saturday would be Flag Day and encouraged everyone to fly a flag. Mayor Pro Tem Schiffner commented on the following: 1) Indicated that he was going to ask for review of a problem which may exist with buildings being finaled before they are complete. He suggested that there were safety issues that might trigger a permit, but he was sure it was an oversight. 2) Addressed Railroad Canyon, and indicated that it had taken nearly three years to get designs reviewed by Caltrans for some Page Forty-Seven - City Council Minutes - June 10, 2003 improvement. He noted that he serves on two boards with the Caltrans District 8 representative, and indicated that he would check on the status tomorrow when he sees her. 3) Indicated that the issue of signals was not one of timing, but the time from one signal to another. He stressed that there were four signals very close together, so no additional adjustments could be made. He stressed that nine proposal had been submitted to Caltrans to try to gain approval, and everything possible was being done. Mayor Brinley commented on the following: 1) Congratulated the Korn Award winners, and noted their future looked bright and their parents had done something very special. 2) Thanked the Chamber of Commerce for the Student of the Year event, noting that there was a very nice turnout and an enthusiastic group. 3) Commended Joyce Smith on an awesome job on the Wave of Worship event. She indicated that it was a wonderful event and one portion honored and supported the troops. She noted that she was fortunate to be allowed to speak during the event, and noted that everyone was lucky to live in the United States. 4) Noted to passings in the Community, and expressed sincere sympathies to the family of Art Pfolman and Nita Van Heest on the loss of her husband. 5) Noted that her son, Dusty, head coach at Elsinore High School, had been named Coach of the Year far the Sunkist League. She expressed pride in his successes. Page Forty-Eight - City Council Minutes - June 10, 2003 6) Noted the 3`d Annual Juneteenth Event on June 215t at McVicker Park, and detailed the activities to be provided. 7) Encouraged participation in the Support the Troop Rallies at Burger King every Saturday. 8) Encouraged participation in Flag Day and in Support of the Troops. ADJOURNMENT MOVED BY KELLEY, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9:00 P.M. ATTEST: .~e~- VICKI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE