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HomeMy WebLinkAbout08-12-2003 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 12, 2003 ~~*:~~:~~*~~:~:~~:~~*~~:~~~:~:~~:*:~~:~~,~~~:~~:~~*:~~:~~~:~~:~~x:~~:~~~:~~~:~~*:~*:~~~~~~ CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Pro Tem Schiffner at 5:10 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, ABSENT: COUNCILMEMBERS: BRINLEY (Mayor Brinley arrived at 5:15 p.m.) Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Information/Communications Manager Dennis, Public Works Manager Payne, Deputy City Clerk Ray and City Clerk/Human Resources Director Kasad. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 (1 case). (F:52.1)(X:40.1) City Attorney Leibold announced the Closed Session discussion as listed above. Page Two - City Council Minutes - August 12, 2003 THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 5:16 p.m. The Closed Session discussion was completed at 7:00 p.m. RECONVENE PUBLIC SESSION (7:00 P.M.) Mayor Brinley reconvened the Regular City Council Meeting in public session at 7:10 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Deputy City Clerk Ray. INVOCATION - MOMENT OF SILENCE Mayor Brinley led the City Council Meeting in a Moment of Silent reflection for the troops in Iraq. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Police Chief Walsh, Information/ Communications Manager Dennis, City Treasurer Judziewicz, Deputy City Clerk Ray and City C1erWHuman Resources Director Kasad. Page Three - City Council Minutes - August 12, 2003 PRESENTATIONS/CEREMONIALS A. Proclamation-Ea~le Scout Evan Young. (F:122.1) Mayor Brinley read and presented the Proclamation to Evan Young. Mr. Young noted that he started in scouting at age seven and worked his way up. He indicated that he owes a lot of his progress to his parents, scout leaders and friends. Mayor Brinley commended Evan on his efforts and commended his parents for their participation. B. Chamber of Commerce Undate. (F:108.4) Councilman Hickman provided the Chamber of Commerce update noting the Economic Development Committee Lunch on August 14`~' regarding the development of Southwest Riverside County. He also noted the Chamber Mixer on August 28th at the Outlet Center. CLOSED SESSION REPORT City Attorney Leibold reported that the Council met in Closed Session regarding on case of potential litigation, with no reportable action. PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE No Comments. CONSENT CALENDAR The following items were pulled from the Consent Calendar for ~further discussion and consideration: Item Nos. 5 and 6. Page Four - City Council Minutes - August 12, 2003 MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: a. City Council Study Session - June 24, 2003. b. City Council/Redevelopment Agency Study Session - July 8, 2003. a City Council Meeting - July 8, 2003. d. City Council Meeting - July 22, 2003. (F:44.4) 2. Ratified Warrant List for July 31, 2003. (F:123) 3. Approved Disposal of Surplus Computer Equipment. (F:48.1)(X:65.1) 4. Adopted Resolution no. 2003-36 regarding a Request for no parking on Chaney Street at EVMWD. (F:ll2.1)(X:164.2) RESOLUTION NO. 2003-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ESTABLISHING NO PARKING ZONES ON CERTAIN STREETS (Chaney Street). PUBLIC HEARINGS 21. Public Hearin~ - Tentative Tract Map No. 25476 revision No. 1, Tentative Tract Map No. 25477 revision No. 1, Tentative Tract Map No. 25478 revision No. 2, Tentative Tract Map No. 25479 revision No. 2, and Tentative Tract Map No. 30698, within the Rams a~pecific Plan. (F:160.2) (X:150.2) City Manager Watenpaugh introduced this item involving Ramsgate Development on Highway 74. Community Development DirectorBrady explained that this item included five tentative tract maps. He noted that the Page Five - City Council Minutes - August 12, 2003 Specific Plan was a mile east of the I-15 on the south side of highway 74, including 1239 acres of land. He advised that the plan was first approved in June, 1984, and amended several times, with the latest amendment to allow for up to 3330 units. He advised that there had been no maps approved previously, however the realignment of Highway 74 had caused the need fro some revisions. He indicated that the maps presented included 1,1701ots, a multi-family portion and conversion of a portion of the commercial area to single family. He noted that the Planning Commission had considered the item on July lst and spent several hours on the conditions of approval and other requirements; and ultimately continued the item to July 15th and spent more time on it. He commented that there were over 470 conditions associated with the five maps. He indicated that the Planning Commission had recommended approval, with several conditions of concern to the applicant being warked out with regard to the park. He advised that the project would be conditioned to participate in the new Community Facilities District far Police. Mayor Brinley opened the public hearing at 7:20 p.m. Ed Fitzpatrick, Director of Development, Eastbridge Partners, 114 Pacifica, Irvine, indicated that they had been working with staff for some time and noted that he thought it to be a very enjoyable relationship. He indicated that there was only one remaining issue; and noted that they had no problem with the other 469 conditions. He concurred that the park issues had been worked out with staff and were fine, but the issue of concern was with Tract No. 25477, condition No. 90 regarding Mauricio Avenue. He indicated that he spoke with Riverside County and they did not see a need for the condition, but he had not received a final decision on the issue. He presented the circulation maps and noted the area of concern, with no Mauricio Street shown on the map, wither in the City or the County. He detailed the circulation maps and markings and streets that there was no dedication for Mauricio Street. He requested rejection of condition 90 on tract 25477 or the contingency that if the County did not need it, it would be removed. Page Six - City Council Minutes - August 12, 2003 Planning Commissioner Dan iJhlry, 103 Flint Street, indicated that he didn't know there was an issue with Mauricio Street, but commented that he would have no problem changing to a six foot easement or giving the dedication back if the County does not want it. He offered to answer questions on behalf of the Planning Commission, and noted that it was quite a task to address all of the conditions; but he was happy to see it moving forward. He commented that it would help the whole community with development, and noted that the commercial portion would also be nice. Adel Abusamra, resident of Dana Point, indicated that he owned 48 acres in the middle of the area and expressed support for the project. He indicated that he was thankful for their generosity and assistance; and noted that they were bringing infrastructure for many additional homes. He thanked the Planning Commission and City staff for their efforts to make these two projects happen. Ed Sauls, 742 Summit, Laguna Beach, representing the Clurman Company, thanked City staff for their assistance; noting that they had been comprehensive and demanding at times, but also accommodating and professional. He acknowledged the conditions and supported the recommendations. He thanked the Council for their consideration and looked forward to getting started. Mayor Brinley questioned Mr. Fitzpatrick's comments regarding the right- of-way requirements on condition No. 90. Community Development Director Brady indicated that it was amended by the Planning Commission to include the verbiage ".....if required by Riverside County Transportation Department." He deferred to the City Engineer for more specific details on the requirement. Councilman Hickman indicated that he was anxious to see the project get underway, as it would be a nice addition to the City. He commented that it would appear that the Council had no say on the road dedication and expressed support for the project. Page Seven - City Council Minutes - August 12, 2003 Mayar Pro Tem Schiffner indicated the project sounded good, but he questioned if the Council was being asked to eliminate condition 90 or revise it. Community Development Director Brady indicated that they would like to see the condition eliminated, but would at least like the revisions to a 50 foot road width. Mayor Pro Tem Schiffner requested suggestions on how to proceed. Community Development Director Brady deferred to the City Engineer with regard to the adequacy of the street width. Mayor Pro Tem Schiffner suggested that as the condition was written it would cover whatever street width would be required, and questioned the appropriate width. City Engineer O'Donnell indicated that if the County accepted a 50 foot right-of-way, with houses on one side of the street, it would work. Mayor Pro Tem Schiffner questioned the ability to stipulate a total width of 50 feet. City Engineer O'Donnell expressed hopes that it would be acceptable to the County, but indicated that it should be acceptable. Mayor Brinley questioned the need for additional verbiage. City Engineer O'Donnell indicated that if 50 feet was acceptable to the County it would be acceptable to the City. Councilwoman Kelley indicated that as long as 50 feet was acceptable to Mr. O'Donnell and the applicant, she would see it as appropriate. She questioned the timing for the project, noting that it included a school, open space, community park and residential development. Mr. Shopoff indicated that they anticipated grading in approximately November of this year, as they were currently seeking a Caltrans encroachment pernut. City Manager Watenpaugh noted that they had worked with the Water District on the size of the water line. Mr. Shopoff confirmed that they had long discussions with EVMWD, which was still a small obstacle; and would bring house construction in the second or third quarter of 2004, parks in 2004 and the commercial site after that. He indicated that there was an excellent opportunity for a grocery store. He further indicated that build out would be over a period of three years. Mayor Brinley questioned the traffic signals. Mr. Shopoff noted the location of signals planned along highway 74. Mayor Brinley questioned School District issues with the project. Mr. Shopoff indicated that they had been resolved, as the lot was in escrow with Page Eight - City Council Minutes - August 12, 2003 the School District. He commented that the maps had to be changed because the School District wanted to move the site to a more central location; and noted the connection between projects for pedestrian and bicycle traffic. Councilman Buckley addressed Mauricio Street, and assumed that the applicant was looking for certainty that there would be no more than six feet of land lost to the dedication. He questioned the applicant's discussions with the County. Mr. Shopoff indicated that the street was presently in the County and it had not been addressed in prior maps. He stressed the challenges of their project and indicated that they hoped to be successful in their negotiations with the County. He indicated that if they had to grant a 60 foot right-of-way, they would have to redesign the map. Councilman Buckley questioned the current width. Mr. Shopoff indicated in the areas that were already dedicated it was 44 feet, however in some areas there was no dedication. Councilman Buckley indicated that he was in favor of the project, and noted the significance of what was possible under the MSHCP, when it came to actual construction. He noted the variable lot sizes from 5,500 to 10,000 square feet, and stressed that the smaller lots were generally closer to the multi-family. He commented on the potential for moving up within the project from starter homes to premium lots. He noted that the applicant had attempted to stratify the neighborhoods with different products. Mayor Pro Tem Schiffner questioned the number of lots in the vested maps. Mr. Shopoff indicated that there were 1,440, but they were down to 1,170; noting that they lost quite a few lots to the Highway 74 realignment and their contribution to the wildlife corridor. Mayor Brinley indicated that she had a few questions, since they had reached agreement on the MSHCP. She inquired how it would affect the City, since the City had not reached agreement on the MSHCP. Mr. Shopoff clarified that these maps were done absent the MSHCP; but they had a 404 permit a 401 permit and a take permit. Mayor Brinley expressed Page Nine - City Council Minutes - August 12, 2003 concern for keeping the City out of the legal issues on the habitat area. City Attorney Leibold indicated that the applicant's approvals predated consideration of the MSHCP; and this developer had a vesting tentative map and a development agreement which would exempt them from the MSHCP. Mayor Brinley commented that this project was a long time coming, and clarified the timing for grading to start in November. She questioned the anticipated market value far the homes. Mr. Shopoff suggested that they would be in the upper $200,000's to the upper $300,000's; but noted that housing prices were changing minute by minute. Mayor Brinley indicated that she was in favor of the project and noted that it would be a nice addition to the City. She noted that she saw the project at the Planning Commission level prior to serving on the Council. Mr. Shopoff indicated that the project had been under discussion for nineteen years, but his company acquired the land about 5-1/2 years ago. Mayor Brinley questioned Community Development Director Brady on the verbiage for the street dedication. Mr. Brady deferred to the verbiage suggested by Councilman Buckley for up to six feet, if needed. Mayor Pro Tem Schiffner addressed the habitat issue and noted that the property was occupied by an endangered species. Mr. Shopoff confirmed that they spend 2-1/2 to 4 years to obtain a 404 permit, etc.; but he believed they were in agreement with the regulatory agencies and the County to develop a small portion of the specific plan. He noted that the project would include far less land than the original plan. Councilman Hickman inquired how much land was lost to habitat. Mr. Shopoff indicated that it was about 600 of the 1200 acres, due to the high concentration of gnatcatchers, including more than 60 nesting pairs. Mr. Shopoff addressed the water line under I-15, and indicated that it was sized to handle future development opportunities further to the east. He noted that it was planned to cover the area for 8,000 or 9,000 units. Mayor Brinley closed the public hearing at 7:55 p.m. MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY Page Ten - City Council Minutes - August 12, 2003 UNANIMOUS VOTE TO ADOPT ADDENDUM NO. 2 TO THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (State Clearinghouse EIR No. 88090525) FOR THE RAMSGATE SPECIFIC PLAN; APPROVE TENTATIVE TRACT MAP 25476 REVISION NO.1 TO SUBDIVIDE 104.4+ ACRES OF UNIMPROVED PROPERTY INTO 290 RESIDENTIAL LOTS AND 13 OPEN SPACE LOTS; APPROVE TENTATIVE TRACT MAP 25477 REVISION NO.1 TO SUBDIVIDE 51.5+ ACRES OF UNIMPROVED PROPERTY INTO 213 RESIDENTIAL LOTS AND 10 OPEN SPACE LOTS; APPROVE TENTATIVE TRACT MAP 25478 REVISION NO. 2 TO SUBDIVIDE 106.74+ ACRES OF UNIMPROVED PROPERTY INTO 255 RESIDENTIAL LOTS,1 SCHOOL SITE AND 25 OPEN SPACE LOTS; APPROVE TENTATIVE TRACT MAP 25479 REVISION NO. 21 TO SUBDIVIDE 137+ ACRES OF UNIMPROVED PROPERTY INT0290 RESIDENTIAL LOTS AND 13 OPEN SPACE LOTS; AND APPROVE TENTATIVE TRACT MAP 30698 TO SUBDIVIDE 49.6+ ACRES OF UNIMPROVED PROPERTY INTO 158 RESIDENTIAL LOTS AND 6 OPEN SPACE LOTS; ALL BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL WITH CONDITION NO. 90 ON TRACT 25477 AMENDED TO READ "MAURICIO AVENUE SHALL HAVE ENOUGH R/W DEDICATED ON THE MAP TO PROVIDE FOR THE WIDTH OF A LOCAL STREET, UP TO SIX FEET, IF NEEDED." ' Findinas - Addendum No. 2 to the FSEIR Addendum No. 2 to the FSEIR for Ramsgate is complete, contains all required information, and has been completed in compliance with the California Environmental Quality Act (CEQA), utilizing criteria set forth in Section 15164 of the CEQA guidelines. 2. Addendum No. 2 is the appropriate document because changes and modifications proposed by the redesign of five maps do not change the conclusion stated in the previous EIR documents. Page Eleven - City Council Minutes - August 12, 2003 3. The modifications do not introduce any new issues about the significant environmental effects of the proposed project, nor will they result in any new significant unavoidable project impacts beyond those previously identified. 4. Substantial changes have not occurred with respect to those circumstances under which the proposed project will be developed. Since the 1989 FSEIR was adopted, the arroyo toad and the coastal California gnatcatcher have become federally listed tku~eatened species. However, the mitigation measures already stated in the 1989 FSEIR, along with the requirements imposed by the United States Fish and Wildlife Service on the design of the maps have mitigated impacts to these species to a less than significant level. 5. The City is not aware of any new information of substantial importance, which was previously unknown or could not have been known at the time that the 1989 FSEIR was adopted, which show the porjec tot have significant effects that were not described in the previous EIR. The technical reports and assessments prepared for the proposed project do not conclude that greater impacts would result with the proposed project, or reveal any new information that was not previously considered. 6. The updated Mitigation Monitoring and Reporting Program establishes a mechanism and procedures for implementing and verifying the implementation of and compliance with the project design features and mitigation measures pursuant to Public Resources Code Section 21081.6. Findines - Tentative Tract Man No. 25476 Revision No 1 1. The proposed subdivision, together with the provisions for its design and improvements, is consistent with the Third Revision to the Ramsgate Specific Plan, 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 Specific Plan and General Plan (Government Code Section 66473.5). Page Twelve - City Council Minutes - August 12, 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. 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 subdivision is not anticipated to result in any significant environmental impact. 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 of land or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of properiy within the proposed division of land. Findin~s - Tentative Tract Map No. 25477 Revision No. 1 The proposed subdivision, together with the provisions for its design and improvements, is consistent with the Third Revision to the Ramsgate Specific Plan, and therefare, the City of Lake Elsinore General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the Specific Plan and 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. 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. Page Thirteen - City Council Minutes - August 12, 2003 4. Subject to the attached conditions of approval, the proposed division is not anticipated to result in any significant environmental impact. 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 of land or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed division of land. Findines - Tentative Tract Map 25478 Revision No 2 The proposed subdivision, together with the provisions for its design and improvements, is consistent with the Third Revision to the Ramsgate Specific Plan, 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 Specific Plan and 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 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. The design of the proposed division of land ar type of improvements are not likely to cause serious public health problems. Page Fourteen - City Council Minutes - August 12, 2003 6. The design of the proposed division of land or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed division of land. Findin~s - Tentative Tract Map 25479, Revision No. 2 The proposed subdivision, together with the provisions for its design and improvements, is consistent with the Third Revision to the Ramsgate Specific Plan, 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 Specific Plan and 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 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. 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 of land or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed division of land. Findines - Tentative Tract Map No. 30698 The proposed subdivision, together with the provisions for its design and Page Fifteen - City Council Minutes - August 12, 2003 improvements, is consistent with the Third Revision to the Ramsgate Specific Plan, and therefare, the City of Lake Elsinore General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the Specific Plan and 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. 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 of land or the type of improvements will not conflict with easements, acquired by the public at large, for access through ar use of the property within the proposed division of land. Conditions of Approval for Tentative Tract Man No 25476 Revision No 1 PLANNING DIVISION Tentative Tract Map No. 25476 Revision No. 1 shall expire with the expiration of the applicable Development Agreement for Ramsgate, on June 20, 2005, 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. Page Sixteen - City Council Minutes - August 12, 2003 2. Tentative Tract Map No. 25476 Revision No. 1 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 ar legislative body concerning Tentative Tract Map No. 25476 Revision No.l, 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 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. Construction on the property covered by this map is subject to all the Conditions of Approval of the Third Revision to the Ramsgate Specific Plan unless superceded by these conditions. 5. Construction on the property covered by this map is subject to the terms and conditions of the Development Agreement for Ramsgate. 6. All lots shall comply with minimum standards contained in the Residential Development Regulations contained in the Third Revision to the Ramsgate Specific Plan. Where these standards are silent, Title 16 of the Lake Elsinore Municipal Code shall apply. 7. The applicant shall comply with the updated Mitigation Monitoring Program (M1VIP) for this project, as printed in Appendix "F" of Addendum No. 2 of the Final Supplemental Environmental Impact Report. Page Seventeen - City Council Minutes - August 12, 2003 8. The applicant shall fund the implementation of the M1vIP through every stage of development. The City shall appoint an environmental monitor who shall periodically inspect the project site, documents submitted by the applicant, permits issued by the City, and any other pertinent material, in order to monitor and report compliance with the MNIP, until the completion of the project. 9. The applicant shall 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.~ 10. All lettered lots shall be owned and maintained by the Homeowners' Association or other entity approved by the Community Development Director, and so noted on the Final Map. 1 l. The developer shall construct any half street improvements per the City requirements of a half street plus one lane. 12. The following items shall be corrected on the Final Map: a. The total number of residential lots shall be corrected to `290,' from `289' in the Land Use Summary and Total Lots notation on the map. b. The Lot Area Table entry for Lot #237 shall correctly list the dimensions as shown on the map. 13. The Elsinore Valley Municipal Water District requests that the applicant contact them for up-to-date conditions of service. 14. Under the provisions of SB 50, 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. Pursuant to AB 2926, AB 1600 and AB 181 the Page Eighteen - City Council Minutes - August 12, 2003 Lake Elsinare Unified School District would require payment, by the owner or developer of the maximum allowable commercial/industrial school fee prior to the issuance of a certificate of compliance. 15. The applicant shall comply with all requirements of the Riverside County Fire Department, as listed in their transmittal dated June 1 l, 2002 attached. a. The applicant shall provide wall and fencing plans for tracts containing flag lots that include a conceptual design of monument- type structures at the end of flag lot driveways that are both visible, and clearly identify the address of the dwelling. b. The applicant shall site a two-story unit behind a single-story unit where the flag lot design blocks visibility of homes from the street. 16. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 17. Street names within the subdivision shall be approved by the Community Development Director or designee prior to final map approval. 18. All of the improvements shall be designed by the developer's Civil Engineer to the specifications of the City of Lake Elsinore. 19. The applicant shall initiate and complete the formation of a Homeowners' Association, approved by the City, recarded and in place. All Association documents shall be approved by the City and recorded, such as the Articles of Incorporation far the Association, and Covenants, Conditions and Restrictions (CC & R's). a. CC&Rs shall prohibit on-street storage of boats, motor homes, trailers, and trucks over one-ton capacity. Page Nineteen - City Council Minutes - August 12, 2003 b. CC&Rs shall prohibit roof-mounted or front-yard microwave satellite antennas. PRIOR TO DESIGN REVIEW.• 20. All future structural development associated with this map requires separate Design Review approval. 21. Elevation drawings for Design Review shall include four-sided architectural features. 22. Slopes on individual lots that are in excess of three feet in height shall be installed, landscaped and irrigated by the developer. 23. The applicant shall be required to install walls and fencing along the perimeter of the subdivision in accardance with the approved Design Guidelines of the Ramsgate Specific Plan. Where views to open space are important, the applicant shall provide the appropriate view fencing. A detailed fencing plan shall be required for review and approval during the Design Review process. PRIOR TO B UILDING PERMIT AND GRADING PERMITS: 24. Development within the Ramsgate Specific Plan shall generally follow the sequence as approved in the Conceptual Phasing Plan for the Specific Plan. Development shall assure that adequate primary and secondary access is provided during all stages and phases. 25. Primary and secondary access roadways shall be constructed prior to the issuance of building permits for the map. These roadways include the following, as designed within TTM 25479 and TTM 25478: • Primary: Riverside Street, from the map's east boundary to a westerly connection to State Route 74. Page Twenty - City Council Minutes - August 12, 2003 • Secondary: Emergency Access Road from the map's south boundary to the north boundary of TT'M 25478, `E' Street, `A' Street, `F' Street as designed in TTM 25478, and Ramsgate Drive as designed in TT`M 25479. 26. Development within TTM 25476 Revision No. 1 shall generally follow the phasing designations for the map, and development shall assure that adequate primary and secondary access is provided as shown in the `Fire Access Table.' 27. The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7:00 a.m. and shall cease at 5:00 p.m., Monday through Friday. Construction activity shall not take place on Saturday, Sunday ar any legal holidays. 28. 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. 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. 29. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 30. Arrangements shall be made between the City and the applicant for fiscal impacts by the project. Prior to Final Map, the applicant shall annex into Community Facilities District No. 2003-01, 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, police, and paramedic service. Page Twenty-One - City Council Minutes - August 12, 2003 31. 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. 32. The developer shall submit plans to the electric utility company for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and/or the Association until streets are accepted by the City. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 33. The applicant shall meet all requirements of the providing electric utility company. 34. The applicant shall meet all requirements of the providing gas utility company. 35. The applicant shall meet all requirements of the providing telephone utility company. 36. A bond is required guaranteeing the removal of all trailers used during construction. 37. All signage shall be subject to Planning Division review and approval prior to installation. 38. Landscape Plans far the tract shall include vegetative screening of all retention basins. 39. Any alterations to the topography, ground surface, ar any other site preparation activity will require appropriate grading permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, Page Twenty-Two - City Council Minutes - August 12, 2003 subject to the approval of the City Engineer and the Planning Division. Analysis of impacts of fills and cuts greater than sixty feet (60') shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100% far material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. ENGINEERING DIVISION 40. 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. 41. Pay all applicable Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26). 42. Submit a"Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. 43. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to final map approval (LEMC 1634). 44. 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). 45. 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. 46. Applicant shall obtain any necessary Caltrans permits and meet all Caltrans requirements. Page Twenty-Three - City Council Minutes - August 12, 2003 47. Desirable design grade for local streets should not exceed 10%. The maYimum grade of 15% should only be used because of design constraints. 48. Interior streets shall be designed with 10% as the desired grade and intersecting streets shall meet at a maximum grade of 6%. 49. Pay all fees and meet the requirements for an encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83-78). 50. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8'/z" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 51. The applicant shall install one permanent bench mark to Riverside County Standards and at a location to be determined by City Engineer. 52. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent properiy owners prior to final map approval. 53. 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. 54. Provide fire protection facilities as required in writing by Riverside County Fire. 55. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 56. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. Page T~venty-Four - City Council Minutes - August 12, 2003 57. 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. 58. 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. 59. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 60. 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. 61. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 62. An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 63. 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. Page Twenty-Five - City Council Minutes - August 12, 2003 64. 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. 65. 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". 66. 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. 67. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 68. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 69. 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. 70. 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. 71. 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. 72. A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed stormwater run-off on private property. Page Twenty-Six - City Council Minutes - August 12, 2003 73. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed. 74. Provide Tract Phasing Plan for the City Engineer's approval. Bond the public improvements for each Phase as approved by the City Engineer. 75. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board if necessary 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. 76. 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. 77. The detention basins shall be designed to filter the first flush storm and completely drain the runoff from a 2 yr. storm event in less than 40 hours. 78. 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. 79. Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered civil engineer. 80. All residential streets with horizon reversing curves shall have a minimum tangent of 50 feet between the curves. Page Twenty-Seven - City Council Minutes - August 12, 2003 81. No residential lot shall front, and access shall be restricted on and so noted on the final map, the following streets: Ramsgate Dr., Trellis Lane, "B" Street within Tr.25479, Elsinore Hills Rd., Riverside St., and Steele Valley Rd. 82. Upon demonstration to the City prior to recordation of the Final Map that an adjacent property 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 far 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 properiy including any and all conservation, open space or mitigation use of property. 83. Applicant shall provide a homeowner's association with CC & R's for maintenance of the open space and detention basins, or an entity approved by the Community Development Directar. 84. All open space and slopes, except far public parks and schools and flood control district facilities, outside the public right-of-way will be owned and maintained by either a home owner's association or private property owner, or an entity approved by the Community Development Director. 85. 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. 86. A"Y" intersection at Riverside Drive is not acceptable and will not be allowed. An intersection at right angles with Laister St. will be acceptable Page Twenty-Eight - City Council Minutes - August 12, 2003 87. The applicant shall construct Riverside Street from SR-74 to 500 feet southerly as a full secondary highway (88 ft. R/W) and from 500 feet southerly of SR 74 to the westerly boundary of TTM 25476 as a 36 foot paved section (Std. Section 106 B). Riverside Street along the northerly boundary of TTM 25476 from the westerly boundary to Steele Valley Road shall be constructed as a half section of a secondary; except the section along the existing houses which will be designed and constructed as approved by the City Engineer. Riverside Street from Steele Valley Road to the easterly boundary of TTM 25477 shall be constructed as a full secondary highway. Riverside Street from the easterly boundary of TTM 25477 to the easterly boundary of TTM 25476 shall be constructed as a half section of a secondary (88 ft.). 88. Applicant shall install a traffic signal at Hwy 74 and Riverside Street at the SOth certificate of occupancy. 89. The slopes manufactured for development along Wasson Creek shall be protected and be stable during a 100 yr. storm event. COMMUNITYSERVICES DEPARTMENT 90. All retention basins and v-ditches are to be maintained by the HOA. 91. The development of TT'M 25476 is pursuant to compliance with the requirements of the Development Agreement that pertains to Ramsgate. Conditions of Anproval for Tentative Tract Mau No. 25477, Revision No. l PLANNING DIVISION 1. Tentative Tract Map No. 25477 Revision No. 1 shall expire with the expiration of the applicable Development Agreement for Ramsgate, on June 20, 2005, 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 Page Twenty-Nine - City Council Minutes - August 12, 2003 Elsinore City Council. 2. Tentative Tract Map No. 25477 Revision No. 1 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, ar annul an approval of the City, its advisory agencies, appeal boards or legislative body concerning Tentative Tract Map No. 25477 Revision No. 1, which action is brought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 4. Construction on the property covered by this map is subject to all the Conditions of Approval of the Third Revision to the Ramsgate Specific Plan unless superceded by these conditions. 5. Construction on the property covered by this map is subject to the terms and conditions of the Development Agreement for Ramsgate. 6. All lots shall comply with minimum standards contained in the Residential Development Regulations contained in the Third Revision to the Ramsgate Specific Plan. Where these standards are silent, Title 16 of the Lake Elsinore Municipal Code shall apply. 7. The applicant shall comply with the updated Mitigation Monitoring Program Page Thirty - City Council Minutes - August 12, 2003 (1VIl~~IP) far this project, as printed in Appendix "F" of Addendum No. 2 of the Final Supplemental Environmental Impact Report. 8. The applicant shall fund the implementation of the NIlvIP through every stage of development. The City shall appoint an environmental monitor who shall periodically inspect the project site, documents submitted by the applicant, permits issued by the City, and any other pertinent material, in order to monitor and report compliance with the M1vIP, until the completion of the project. 9. The applicant shall 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: 10. All lettered lots shall be owned and maintained by the Homeowners' Association or other entity approved by the Community Development Director, and so noted on the Final Map. 11. The developer shall provide an additional intersection study to verify adequate sight distance for the west intersection leg of "B" Street and Steele Valley Road prior to construction because it is an inside of curve that may pose safety concerns. 12. The developer shall construct any half street improvements per the City requirements of a half street plus one lane. 13. The following items shall be corrected on the Final Map: a. The Lot Area Table entry for Lots #95, 209 and 213 shall correctly list the dimensions as shown on the map. Page Thirty-One - City Council Minutes - August 12, 2003 14. The Elsinore Valley Municipal Water District requests that the applicant contact them for up-to-date conditions of service. 15. Under the provisions of SB 50, 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. Pursuant to AB 2926, AB 1600 and AB 181 the Lake Elsinore Unified School District would require payment, by the owner or developer of the maacimum allowable commercial/industrial school fee prior to the issuance of a certificate of compliance. 16. The applicant shall comply with all requirements of the Riverside County Fire Department, as listed in their transmittal dated June 11, 2002 attached. a. The applicant shall provide wall and fencing plans for tracts containing flag lots that include a conceptual design of monument- type structures at the end of flag lot driveways, that are both visible, and clearly identify the address of the dwelling. b. The applicant shall site a two-story unit behind a single-story unit where the flag lot design blocks visibility of homes from the street 17. A precise survey with closures far boundaries and all lots shall be provided per the LEMC. 18. Street names within the subdivision shall be approved by the Community Development Director or designee prior to final map approval. 19. All of the improvements shall be designed by the developer's Civil Engineer to the specifications of the City of Lake Elsinore. 20. The applicant shall initiate and complete the formation of a Homeowners' Association, approved by the City, recorded and in place. All Association documents shall be approved by the City and recorded, such as the Articles of Incorporation for the Association, and Covenants, Conditions and Restrictions (CC & R's). Page Thirty-Two - City Council Minutes - August 12, 2003 a. CC&Rs shall prohibit on-street storage of boats, motor homes, trailers, and trucks over one-ton capacity. b. CC&Rs shall prohibit roof-mounted or front-yard microwave satellite antennas. PRIOR TO DESIGN REVIEW.• 21. All future structural development associated with this map requires separate Design Review approval. 22. Elevation drawings for Design Review shall include four-sided architectural features. 23. Slopes on individual lots that are in excess of three feet in height shall be installed, landscaped and irrigated by the developer. 24. The applicant shall be required to install walls and fencing along the perimeter of the subdivision in accordance with the approved Design Guidelines of the Ramsgate Specific Plan. Where views to open space are important, the applicant shall provide the appropriate view fencing. A detailed fencing plan shall be required for review and approval during the Design Review process. PRIOR TO B UILDING PERMIT AND GRADING PERMITS: 25. Development within the Ramsgate Specific Plan shall generally follow the sequence as approved in the Conceptual Phasing Plan for the Specific Plan. Development shall assure that adequate primary and secondary access is provided during all stages and phases. 26. Primary and secondary access roadways shall be constructed prior to the issuance of building permits for the map. These roadways include the following: Page Thirty-Three - City Council Minutes - August 12, 2003 • Primary: Riverside Street, from the map's east boundary to a westerly connection to State Route 74. • Secondary: Steele Valley Road from the map's south boundary to a northerly connection to State Route 74. 27. Development within TTM 25477 Revision No. 1 shall generally follow the phasing designations for the map, and development shall assure that adequate primary and secondary access is provided as shown in the `Fire Access Table.' 28. The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7:00 a.m. and shall cease at 5:00 p.m., Monday through Friday. Construction activity shall not take place on Saturday, Sunday or any legal holidays. 29. 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. 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. 30. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 31. Arrangements shall be made between the City and the applicant for fiscal impacts by the project. Prior to Final Map, the applicant shall annex into Community Facilities District No. 2003-01, 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, police and paramedic Page Thirty-Four - City Council Minutes - August 12, 2003 service. 32. 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. 33. The developer shall submit plans to the electric utility company for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and/or the Association until streets are accepted by the City. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 34. The applicant shall meet all requirements of the providing electric utility company. 35. The applicant shall meet all requirements of the providing gas utility company. 36. The applicant shall meet all requirements of the providing telephone utility company. 37. A bond is required guaranteeing the removal of all trailers used during construction. 38. All signage shall be subject to Planning Division review and approval prior to installation. 39. Landscape Plans for the tract shall include vegetative screening of all retention basins. 40. Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. A Geologic Page Thirty-Five - City Council Minutes - August 12, 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 sixty feet (60') shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. ENGINEERING DIVISION 41. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 42. Pay all applicable Capital Improvement and Plan Check fees (LEMC 1634, Resolution 85-26). 43. 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. 44. 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). 45. 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). 46. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. Page Thirty-Six - City Council Minutes - August 12, 2003 47. Applicant shall obtain any necessary Caltrans permits and meet all Caltrans requirements. 48. Desirable design grade for local streets should not exceed 10%. The maximum grade of 15% should only be used because of design constraints. 49. Interior streets shall be designed with 10 % as the desired grade and intersecting streets shall meet at a maximum grade of 6%. 50. Pay all fees and meet the requirements far an encroachment permit issued by the Engineering Division far construction of public works improvements (LEMC 12.08 and Resolution 83-78). 51. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8'h" x 11" Mylar) shall be submitted to the , Engineering Division befare final inspection of public works improvements will be scheduled and approved. 52. The applicant shall install one permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 53. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 54. 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. 55. Provide fire protection facilities as required in writing by Riverside County Fire. 56. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. Page Thirty-Seven - City Council Minutes - August 12, 2003 57. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 58. 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. 59. 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. 60. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 61. 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. 62. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 63. An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 64. All grading shall be done under the supervision of a geotechnical engineer Page Thirty-Eight - City Council Minutes - August 12, 2003 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. 65. 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. 66. 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". 67. 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. 68. 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. 69. All drainage facilities in this tract shall be constxucted to Riverside County Flood Control District Standards. 70. 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. 71. 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. 72. 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. Page Thirty-Nine - City Council Minutes - August 12, 2003 73. A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed stormwater run-off on private property. 74. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed. 75. Provide Tract Phasing Plan for the City Engineer's approval. Bond the public improvements for each Phase as approved by the City Engineer. 76. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board if necessary 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. 77. 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. 78. The detention basins shall be designed to filter the first flush storm and completely drain the runoff from a 2 yr. storm event in less than 40 hours. 79. Intersection site distance shall meet the design criteria of the CALTRANS Design Manual (particular attention should be taken far 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. 80. Intersecting streets on the inside radius of a curve will only be permitted Page Forty - City Council Minutes - August 12, 2003 when adequate sight distance is verified by a registered civil engineer. 81. All residential streets with horizon reversing curves shall have a minimum tangent of 50 feet between the curves. 82. No residential lot shall front, and access shall be restricted on and so noted on the final map, the following streets: Ramsgate Dr., Trellis Lane, "B" Street within Tr.25479, Elsinore Hills Rd., Riverside St., and Steele Valley Rd. 83. Upon demonstration to the City prior to recordation of the Final Map that an adjacent property 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. 84. Applicant shall provide a homeowner's association with CC & R's for maintenance of the open space and detention basins, or an entity approved by the Community Development Director. 85. All open space and slopes, except for public parks and schools and flood control district facilities, outside the public right-of-way will be owned and maintained by either a home owner's association or private property owner, or an entity approved by the Community Development Director. 86. 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 Page Forty-One - City Council Minutes - August 12, 2003 other phases of construction. 87. Lot "A" will be owned and maintained by an HOA. 88. A traffic signal shall be installed and be operational on SR74 and Steele Valley Road at the 50"' certificate of occupancy. 89. Mauricio Avenue shall have enough R/W dedicated on the map to provide for the 50-foot width of a local street if required by the Riverside County Transportation Department. 90. Wasson Canyon Rd. shall be improved along the boundary of the tract to a minimum of a half street improvement plus one travel lane. 91. Steele Valley Rd. will be paved off-site for two travel lanes (26 ft.) northerly from the tract boundary to SR 74. 92. The slopes manufactured for development along Wasson Creek shall be protected and be stable during a 100 yr. storm event. 93. Steele Valley Road shall have a 150 ft. tangent between horizontal reversing curves. 94. The applicant shall construct the north side of Riverside Street from Steele Valley Road to the east boundary of TTM 25477 at its ultimate half-section width as a Major roadway plus one lane. COMMUNITY SERVICES DEPARTMENT 95. All retention basins and v-ditches are to be maintained by the HOA. 96. The development of TTM 25477 is pursuant to compliance with the requirements of the Development Agreement that pertains to Ramsgate. Page Forty-T`wo - City Council Minutes - August 12, 2003 Conditions of Approval for Tentative Tract Map No. 25478, Revision No. 2 PLANNING DIVISION l. Tentative Tract Map No. 25478 Revision No. 2 shall expire with the expiration of the applicable Development Agreement for Ramsgate, on June 20, 2005, 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. 2. Tentative Tract Map No. 25478 Revision No. 2 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. 25478 Revision No. 2, which action is brought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 4. Construction on the property covered by this map is subject to all the Conditions of Approval of the Third Revision to the Ramsgate Specific Plan unless superceded by these conditions. Page Forty-Three - City Council Minutes - August 12, 2003 5. Construction on the property covered by this map is subject to the terms and conditions of the Development Agreement for Ramsgate. 6. All lots shall comply with minimum standards contained in the Residential Development Regulations contained in the Third Revision to the Ramsgate Specific Plan. Where these standards are silent, Title 16 of the Lake Elsinore Municipal Code shall apply. 7. The applicant shall comply with the updated Mitigation Monitoring Program (MNIP) for this project, as printed in Appendix "F" of Addendum No. 2 of the Final Supplemental Environmental Impact Report. 8. The applicant shall fund the implementation of the MMP through every stage of development. The City shall appoint an environmental monitor who shall periodically inspect the project site, documents submitted by the applicant, permits issued by the City, and any other pertinent material, in order to monitar and report compliance with the MNIP, until the completion of the proj ect. 9. The applicant shall 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: 10. All lettered lots shall be owned and maintained by the Homeowners' Association or other entity approved by the Community Development Director, and so noted on the Final Map. 11. The developer shall construct a temporary turn-around or cul-de-sac at the south end of "J" Street. 12. The developer shall provide an additional intersection study to verify adequate sight distance for the west intersection leg of "H" Street and Page Forty-Four - City Council Minutes - August 12, 2003 Elsinore Hills Road prior to construction because it is an inside of curve that may pose safety concerns. 13. The developer shall construct any half street improvements per the City requirements of a half street plus one lane. 14. The Elsinore Valley Municipal Water District requests that the applicant contact them for up-to-date conditions of service. 15. Under the provisions of SB 50, 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. Pursuant to AB 2926, AB 1600 and AB 181 the Lake Elsinore Unified School District would require payment, by the owner or developer of the maximum allowable commercial/industrial school fee prior to the issuance of a certificate of compliance. 16. The applicant shall comply with all requirements of the Riverside County Fire Department, as listed in their transmittal dated April 4, 2002 attached. a. The applicant shall provide wall and fencing plans for tracts containing flag lots that include a conceptual design of monument- type structures at the end of flag lot driveways that are both visible, and clearly identify the address of the dwelling. b. The applicant shall site a two-story unit behind a single-story unit where the flag lot design blocks visibility of homes from the street. 17. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 18. Street names within the subdivision shall be approved by the Community Development Director or designee prior to final map approval. 19. All of the improvements shall be designed by the developer's Civil Engineer to the specifications of the City of Lake Elsinore. Page Forty-Five - City Council Minutes - August 12, 2003 20. The applicant shall initiate and complete the formation of a Homeowners' Association, approved by the City, recorded and in place. All Association documents shall be approved by the City and recarded, such as the Articles of Incorporation for the Association, and Covenants, Conditions and Restrictions (CC & R's). a. CC&Rs shall prohibit on-street storage of boats, motor homes, trailers, and trucks over one-ton capacity. b. CC&Rs shall prohibit roof-mounted or front-yard microwave satellite antennas. PRIOR TODESIGNREVIEW.• 21. All future structural development associated with this map requires separate Design Review approval. 22. Elevation drawings for Design Review shall include four-sided architectural features. 23. Slopes on individual lots that are in excess of three feet in height shall be installed, landscaped and irrigated by the developer. 24. The applicant shall be required to install walls and fencing along the perimeter of the subdivision in accordance with the approved Design Guidelines of the Ramsgate Specific Plan. Where views to open spare are important, the applicant shall provide the appropriate view fencing. A detailed fencing plan shall be required for review and approval during the Design Review process. PRIOR TO B UILDING PERNIIT AND GRADING PERMITS: 25. Development within the Ramsgate Specific Plan shall generally follow the sequence as approved in the Conceptual Phasing Plan for the Specific Plan. Page Forty-Six - City Council Minutes - August 12, 2003 Development shall assure that adequate primary and secondary access is provided during all stages and phases. 26. Primary and secondary access roadways shall be constructed prior to the issuance of building permits for the map. These roadways include the following: • Primary: Ramsgate Drive from the map's east boundary to a westerly connection to State Route 74. • Secondary: Emergency Access Road from the map's north boundary to connect with TTM 25476, the internal streets as designed in TTM 25476 ("F" Street, "A" Street, and Riverside Street to State Route 74). 27. Development within TTM 25478 Revision No. 2 shall generally follow the phasing designations for the map, and development shall assure that adequate primary and secondary access is provided as shown in the `Fire Access Table.' 28. The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7:00 a.m. and shall cease at 5:00 p.m., Monday through Friday. Construction activity shall not take place on Saturday, Sunday or any legal holidays. 29. 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. The performance bond shall remain in effect far 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. 30. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building Page Forty-Seven - City Council Minutes - August 12, 2003 permits. 31. Arrangements shall be made between the City and the applicant for fiscal impacts by the project. Prior to Final Map, the applicant shall annex into Community Facilities District No. 2003-01, 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, police, and paramedic service. 32. 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. 33. The developer shall submit plans to the electric utility company for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer andlor the Association until streets are accepted by the City. Said plans shall be a approved by the City and shall be installed in accordance with the City Standards. 34. The applicant shall meet all requirements of the providing electric utility company. 35. The applicant shall meet all requirements of the providing gas utility company. 36. The applicant shall meet all requirements of the providing telephone utility company. 37. A bond is required guaranteeing the removal of all trailers used during construction. Page Forty-Eight - City Council Minutes - August 12, 2003 38. All signage shall be subject to Planning Division review and approval prior to installation. 39. Landscape Plans for the tract shall include vegetative screening of all retention basins. 40. Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the City Engineer and the Planning Division. Analysis of impacts of fills and cuts greater than sixty feet (60') shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. 41. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 42. Pay all applicable Capital Improvement and Plan Check fees (LEMC 1634, Resolution 85-26). 43. 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. 44. 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). Page Forty-Nine - City Council Minutes - August 12, 2003 45. 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). 46. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. 47. Applicant shall obtain any necessary Caltrans permits and meet all Caltrans requirements. 48. Desirable design grade for local streets should not exceed 10%. The maximum grade of 15% should only be used because of design constraints. 49. Interior streets shall be designed with 10 % as the desired grade and intersecting streets shall meet at a maximum grade of 6% 50. Pay all fees and meet the requirements for an encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83-78). 51. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8'/z" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 52. The applicant shall install one permanent bench mark to Riverside County Standards and at a location to be determined by City Engineer. 53. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent properly owners prior to final map approval. 54. Arrangements for relocation of utility company facilities (power poles, Page Fifty - City Council Minutes - August 12, 2003 vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 55. Provide fire protection facilities as required in writing by Riverside County Fire. 56. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 57. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 58. 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. 59. 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. 60. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 61. 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. Page Fifty-0ne - City Council Minutes - August 12, 2003 62. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 63. An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 64. 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. 65. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance ar conveyed to a drainage easement. 66. 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". 67. 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. 68. 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. 69. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 70. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be Page Fifty-Two - City Council Minutes - August 12, 2003 approved by the City Engineer. 71. 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. 72. 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. 73. A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed stormwater run-off on private property. 74. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed. 75. Provide Tract Phasing Plan for the City Engineer's approval. Bond the public improvements for each Phase as approved by the City Engineer. 76. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board if necessary 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. 77. Education guidelines and Best Management Practices (BMI') 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. 78. The detention basins shall be designed to filter the first flush storm and Page Fifty-Three - City Council Minutes - August 12, 2003 completely drain the runoff from a 2 yr. storm event in less than 40 hours. = 79. 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. 80. Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered civil engineer. 81. All residential streets with horizon reversing curves shall have a minimum tangent of 50 feet between the curves. 82. No residential lot shall front, and access shall be restricted on and so noted on the final map, the following streets: Ramsgate Dr., Trellis Lane, "B" Street within Tr.25479, Elsinore Hills Rd., Riverside St., and Steele Valley Rd. 83. Upon demonstration to the City prior to recordation of the Final Map that an adjacent property 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. 84. Applicant shall provide a homeowner's association with CC & R's for maintenance of the open space and detention basins, or an entity approved by the Community Development Directar. Page Fifty-Four - City Council Minutes - August 12, 2003 85. All open space and slopes, except for public parks and schools and flood control district facilities, outside the public right-of-way will be owned and maintained by either a home owner's association ar private property owner, or an entity approved by the Community Development Director. 86. In accardance with the City's Franchise Agreement far 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. 87. A traffic signal shall be installed and be operational at Ramsgate Dr. and Elsinore Hills Rd. at the certificate of occupancy of the school. 88. The end of "J" Street needs to be designed for a future knuckle street connection with the adjacent tract. 89. The raised median on "G" Street should have minimum landscaping. 90. The Emergency Access Road shall be constructed when "A" Street is paved. 91. Ramsgate Drive shall have a 150 ft. tangent between horizontal reversing curves. The minimum centerline horizontal radius for Ramsgate Drive should be 1,000 feet. 92. Elsinore Hills Road shall have a 100 ft. tangent between horizontal reversing curves. COMMUNITYSERVICES DEPARTMENT 93. All retention basins and v-ditches are to be maintained by the HOA except those drainage facilities contained within the property owned by the Lake Elsinore Unified School District (LEUSD), who shall be responsible for maintenance of these facilities. Page Fifty-Five - City Council Minutes - August 12, 2003 94. The development of TTM 25478 is pursuant to compliance with the requirements of the Development Agreement that pertains to Ramsgate. Conditions of Annroval for Tentative Tract Maa No 25479 Revision No 2 PLANNING DIVISION 1. Tentative Tract Map No. 25479 Revision No. 2 shall expire with the expiration of the applicable Development Agreement for Ramsgate, on June 20, 2005, 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. 2. Tentative Tract Map No. 25479 Revision No. 2 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. 25479 Revision No. 2, which action is brought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 4. Construction on the property covered by this map is subject to all the Conditions of Approval of the Third Revision to the Ramsgate Specific Plan Page Fifty-Six - City Council Minutes - August 12, 2003 unless superceded by these conditions. 5. Construction on the property covered by this map is subject to the terms and conditions of the Development Agreement far Ramsgate. 6. All lots shall comply with minimum standards contained in the Residential Development Regulations contained in the Third Revision to the Ramsgate Specific Plan. Where these standards are silent, Title 16 of the Lake Elsinare Municipal Code shall apply. 7. The applicant shall comply with the updated Mitigation Monitoring Program (M1VIP) for this project, as printed in Appendix "F" of Addendum No. 2 of the Final Supplemental Environmental Impact Report. 8. The applicant shall fund the implementation of the MIVIP through every stage of development. The City shall appoint an environmental monitor who shall periodically inspect the project site, documents submitted by the applicant, permits issued by the City, and any other pertinent material, in order to monitor and report compliance with the MivIP, until the completion of the proj ect. 9. The applicant shall 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: 10. All lettered lots shall be owned and maintained by the Homeowners' Association or other entity approved by the Community Development Director, and so noted on the Final Map. 11. The developer shall construct any half street improvements per the City requirements of a half street plus one lane. Page Fifty-Seven - City Council Minutes - August 12, 2003 12. The following items shall be corrected on the Final Map: a. The Lot Area Table entries for Lots Nos. 62, 65, and 169 through 172 shall correctly list the dimensions shown on the map. b. The "Total Lots" shall be corrected to "254." 13. The Elsinore Valley Municipal Water District requests that the applicant contact them for up-to-date conditions of service. 14. Under the provisions of SB 50, 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. Pursuant to AB 2926, AB 1600 and AB 181 the Lake Elsinore Unified School District would require payment, by the owner or developer of the maximum allowable commercial/industrial school fee prior to the issuance of a certificate of compliance. 15. The applicant shall comply with all requirements of the Riverside County Fire Department, as listed in their transmittal dated September 26, 2002 attached. Additionally: a. The applicant shall provide wall and fencing plans for tracts containing flag lots that include a conceptual design of monument- type structures at the end of flag lot driveways that are both visible, and clearly identify the address of the dwelling. b. The applicant shall site a two-story unit behind a single-story unit where the flag lot design blocks visibility of homes from the street. 16. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 17. Street names within the subdivision shall be approved by the Community Development Director or designee prior to final map approval. Page Fifty-Eight - City Council Minutes - August 12, 2003 18. All of the improvements shall be designed by the developer's Civil Engineer to the specifications of the City of Lake Elsinore. 19. The applicant shall initiate and complete the formation of a Homeowners' Association, approved by the City, recorded and in place. All Association documents shall be approved by the City and recorded, such as the Articles of Incorporation for the Association, and Covenants, Conditions and Restrictions (CC & R's). a. CC&Rs shall prohibit on-street storage of boats, motor homes, trailers, and trucks over one-ton capacity. b. CC&Rs shall prohibit roof-mounted or front-yard microwave satellite antennas. PRIOR TO DESIGN REVIEW.~ 20. All future structural development associated with this map requires separate Design Review approval. 21. Elevation drawings for Design Review shall include four-sided architectural features. 22. Slopes on individual lots that are in excess of three feet in height shall be installed, landscaped and irrigated by the developer. 23. The applicant shall be required to install walls and fencing along the perimeter of the subdivision in accardance with the approved Design Guidelines of the Ramsgate Specific Plan. Where views to open space are important, the applicant shall provide the appropriate view fencing. A detailed fencing plan shall be required for review and approval during the Design Review process. PRIOR TO B UILDING PERMIT AND GRADING PERMITS: Page Fifty-Nine - City Council Minutes - August 12, 2003 24. Development within the Ramsgate Specific Plan shall generally follow the sequence as approved in the Conceptual Phasing Plan far the Specific Plan. Development shall assure that adequate primary and secondary access is provided during all stages and phases. 25. Primary and secondary access roadways shall be constructed prior to the issuance of building permits far the map. These roadways include the following: • Primary: Ramsgate Drive from "A" Street to a westerly connection to State Route 74. • Secondary: Trellis Lane to a northerly connection to State Route 74. 26. Development within TTM 25479 Revision No. 2 shall generally follow the phasing designations for the map, and development shall assure that adequate primary and secondary access is provided as shown in the `Fire Access Table.' 27. The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7:00 a.m. and shall cease at 5:00 p.m., Monday through Friday. Construction activity shall not take place on Saturday, Sunday or any legal holidays. 28. 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. 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 Sheriffls Office. 29. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building Page Sixty - City Council Minutes - August 12, 2003 permits. 30. Arrangements shall be made between the City and the applicant for fiscal impacts by the project. Prior to Final Map, the applicant shall annex into Community Facilities District No. 2003-01, 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, police, and paramedic service. 31. 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. 32. The developer shall submit plans to the electric utility company for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and/or the Association until streets are accepted by the City. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 33. The applicant shall meet all requirements of the providing electric utility company. 34. The applicant shall meet all requirements of the providing gas utility company. 35. The applicant shall meet all requirements of the providing telephone utility company. 36. A bond is required guaranteeing the removal of all trailers used during construction. 37. All signage shall be subject to Planning Division review and approval prior Page Sixty-One - City Council Minutes - August 12, 2003 to installation. 38. Landscape Plans for the tract shall include vegetative screening of all retention basins. 39. Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the City Engineer and the Planning Division. Analysis of impacts of fills and cuts greater than sixty feet (60') shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. ENGINEERING DIVISION 40. 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. 41. Pay all applicable Capital Improvement and Plan Check fees (LEMC 1634, Resolution 85-26). 42. Submit a"Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. 43. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to final map approval (LEMC 1634). 44. Street improvement plans and specifications shall be prepared by a Calif. Registered Civil Engineer. Improvements shall be designed and constructed Page Sixty-Two - City Council Minutes - August 12, 2003 to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 45. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. 46. Applicant shall obtain any necessary Caltrans permits and meet all Caltrans requirements. 47. Desirable design grade for local streets should not exceed 10%. The maximum grade of 15% should only be used because of design constraints. 48. Interior streets shall be designed with 10% as the desired grade and intersecting streets shall meet at a maximum grade of 6%. 49. Pay all fees and meet the requirements for an encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83-78). 50. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8'/z" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 51_ The applicant shall install one permanent bench mark to Riverside County Standards and at a location to be determined by City Engineer. 52. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approvaL 53. 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. Page Sixty-Three - City Council Minutes - August 12, 2003 54. Provide fire protection facilities as required in writing by Riverside County Fire. 55. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 56. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 57. 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. 58. 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. 59. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 60. 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. 61. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with Page Sixty-Four - City Council Minutes - August 12, 2003 recommendations. 62. An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 63. 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. 64. 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. 65. 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". 66. 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. 67. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 68. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 69. 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. Page Sixty-Five - City Council Minutes - August 12, 2003 70. 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. 71. 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. 72. A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed stormwater run-off on private property. 73. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed. 74. Provide Tract Phasing Plan for the City Engineer's approval. Bond the public improvements for each Phase as approved by the City Engineer. 75. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board if necessary 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. 76. 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. 77. The detention basins shall be designed to filter the first flush storm and completely drain the runoff from a 2 yr. storm event in less than 40 hours. Page Sixty-Six - City Council Minutes - August 12, 2003 78. 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. 79. Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered civil engineer. 80. All residential streets with horizon reversing curves shall have a minimum tangent of 50 feet between the curves. 81. No residential lot shall front, and access shall be restricted on and so noted on the final map, the following streets: Ramsgate Dr., Trellis Lane, "B" Street within Tr.25479, Elsinore Hills Rd., Riverside St., and Steele Valley Rd. 82. Upon demonstration to the City prior to recordation of the final map that an adjacent property 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. 83. Applicant shall provide a homeowner's association with CC & R's for maintenance of the open space and detention basins, or an entity approved by the Community Development Directar. 84. All open space and slopes, except for public parks and schools and flood control district facilities, outside the public right-of-way will be owned and Page Sixty-Seven - City Council Minutes - August 12, 2003 maintained by either a home owner's association or private property owner, ar an entity approved by the Community Development Director. 85. 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 conshuction. 86. A schedule for the construction of Ramsgate Drive shall be submitted and approved by the City Engineer prior final map approval. 87. A traffic signal shall be installed and be operational at Hwy 74 and Ramsgate Dr. at the SOt" certificate of occupancy. 88. A traffic signal shall be installed and be operational at Hwy 74 and Trellis Lane at the 110th certificate of occupancy. 89. A traffic signal shall be installed and be operational at Hwy 74 and "A" Street at the first certificate of occupancy of the commercial center or at 50% occupancy of Lot 258. 90. Street "P" shall be connected to Ramsgate Dr. with a pedestrian and bike pathway that meets ADA requirements, and a pedestrian traffic signal shall be installed and be operational at the 100th certificate of occupancy. 91. The applicant shall dedicate 30 feet to the City for Trellis Lane along the easterly boundary of Lot "M," and shall dedicate to the City 60 feet along the southerly boundary of Lot "M." 92. The detention basin shall be removed from the park site (Lot 265) and shall be owned and maintained by the HOA. Page Sixty-Eight - City Council Minutes - August 12, 2003 COMMIJNITY SERVICES DEPARTMENT 93. All retention basins and v-ditches are to be maintained by the HOA. 94. The development of TTM 25479 is pursuant to compliance with the requirements of the Development Agreement that pertains to Ramsgate. 95. The Community Park site shall be reconfigured through the Final Map process on Parcels 257 and 256. Final Community Park configuration shall be approved by the Director of Community Services. All reconfigurations shall meet the original net acreage requirements (22.9 acres) of the Development Agreement applicable to this map. 96. Drainage/filtration area shall be fenced and become a lettered lot maintained by the HOA. The lettered lot shall include the retention areas on Lot 256. The City shall provide park credits for the construction of the two treatment basins located at the northwest end of the park. Any mitigation requirements for planting of the treatment basins shall be done at the developer's expense, as well as the drainage pipes from the treatment basin to the retention area identified as Lot "O" and all costs associated with that installation and construction. The HOA shall maintain the two treatment basins as part of the maintenance of the retention area identified as Lot "O." 97. No park credits shall be given for improvements to the drainage/filtration area. 98. The City Landscape Architect shall prepare all plans and specifications for the Community Park at the developer's expense. The developer shall receive credits for the cost of plans and specifications. Conditions of Approval for Tentative Tract Map No. 30698 PLANNING DIVISION Page Sixty-Nine - City Council Minutes - August 12, 2003 1. Tentative Tract Map No. 30698 shall expire two years from the date of approval, unless within that period of time a final map has been filed with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act (SMA). Additional extensions of time (36 months maximum time per the SMA) may be granted per City Council approval. 2. Tentative Tract Map No. 30698 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. 30698, 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 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. Construction on the property covered by this map is subject to all the Conditions of Approval of the Third Revision to the Ramsgate Specific Plan unless superceded by these conditions. 5. All lots shall comply with minimum standards contained in the Residential Development Regulations contained in the Third Revision to the Ramsgate Specific Plan. Where these standards are silent, Title 16 of the Lake Elsinore Municipal Code shall apply. Page Seventy - City Council Minutes - August 12, 2003 6. The applicant shall comply with the updated Mitigation Monitoring Program (M1VIP) for this project, as printed in Appendix "F" of Addendum No. 2 of the Final Supplemental Environmental Impact Report. 7. The applicant shall fund the implementation of the Ml~~IP through every stage of development. The City shall appoint an environmental monitor who shall periodically inspect the project site, documents submitted by the applicant, permits issued by the City, and any other pertinent material, in order to monitar and report compliance with the NIMP, until the completion of the project. 8. The applicant shall 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: 9. All lettered lots shall be owned and maintained by the Homeowners' Association, or other entity approved by the Community Development Director, and so noted on the Final Map. 10. The map shall include access points to the Passive Park from the various neighborhoods adjacent to it, to maa~imize its use. Such access shall be made a part of Lot "A" and maintained by the HOA. ll. The developer shall provide additional intersection studies to verify sight distance visibility for "J"/"I" Streets, and "F"P'C" Streets, which are on the insides of curves and may pose safety concerns. 12. The Elsinore Valley Municipal Water District requests that the applicant contact them for up-to-date conditions of service. 13. Under the provisions of SB 50, the owner or developer shall pay school fees or enter into a mitigation agreement prior to the issuance of a certificate of Page Seventy-One - City Council Minutes - August 12, 2003 compliance by the District. Pursuant to AB 2926, AB 1600 and AB 181 the Lake Elsinore Unified School District would require payment, by the owner or developer of the maximum allowable commercial/industrial school fee prior to the issuance of a certificate of compliance. 14. The applicant shall comply with all requirements of the Riverside County Fire Department, as listed in their transmittal dated October 16, 2002 attached. a. The applicant shall provide wall and fencing plans because the tract contains flag lots. The plan shall include a conceptual design for monument-type structures at the end of flag lot driveways that are both visible, and clearly identify the address of the dwelling. b. The applicant shall site a two-story unit behind a single-story unit where the flag lot design blocks visibility of homes from the street. A precise survey with closures far boundaries and all lots shall be provided per the LEMC. 15. Street names within the subdivision shall be approved by the Community Development Director or designee prior to final map approval. 16. All of the improvements shall be designed by the developer's Civil Engineer to the specifications of the City of Lake Elsinore. 17. The applicant shall initiate and complete the formation of a Homeowners' Association, approved by the City, recorded and in place. All Association documents shall be approved by the City and recorded, such as the Articles of Incorporation far the Association, and Covenants, Conditions and Restrictions (CC & R's). a. CC&Rs shall prohibit on-street storage of boats, motor homes, trailers, and trucks over one-ton capacity. Page Seventy-Two - City Council Minutes - August 12, 2003 b. CC&Rs shall prohibit roof-mounted or front-yard microwave satellite antennas. PRIOR TODESIGNREVIEW: 18. All future structural development associated with this map requires separate Design Review approval. 19. Elevation drawings for Design Review shall include four-sided architectural features. 20. Slopes on individual lots that are in excess of three feet in height shall be installed, landscaped and irrigated by the developer. 21. The applicant shall be required to install walls and fencing along the perimeter of the subdivision in accordance with the approved Design Guidelines of the Ramsgate Specific Plan. Where views to open space are important, the applicant shall provide the appropriate view fencing. A detailed fencing plan shall be required for review and approval during the Design Review process. PRIOR TO B UILDING PERMIT AND GRADING PERMITS: 22. Development within the Ramsgate Specific Plan shall generally follow the sequence as approved in the Conceptual Phasing Plan for the Specific Plan. Development shall assure that adequate primary and secondary access is provided during all stages and phases. 23. Primary and secondary access roadways shall be constructed prior to the issuance of building permits for the map, subject to approval of the City Engineer, Fire Department and Community Development Director. These roadways may include the following: Page Seventy-Three - City Council Minutes - August 12, 2003 • Primary: "A" Street to TT'M 25478, "F" Street and Ramsgate Drive to a westerly connection to State Route 74 as designed within TTM 25478 and TTM 25479. • Secondary: "D" Street to TTM 25478, internal streets designed in TTM 25478 ("N" Street, "L" Street, "K" Street, Ramsgate Drive) to a connection to State Route 74. 24. Development within TTM 30698 shall generally follow the phasing designations for the map, and development shall assure that adequate primary and secondary access is provided as shown in the `Fire Access Table.' 25. The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7:00 a.m. and shall cease at 5:00 p.m., Monday through Friday. Construction activity shall not take place on Saturday, Sunday or any legal holidays. 26. 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. 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 Sheriffls Office. 27. The applicant sha11 pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 28. Arrangements shall be made between the City and the applicant for fiscal impacts by the project. Prior to Final Map, the applicant shall annex into Community Facilities District No. 2003-01, 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 Page Seventy-Four - City Council Minutes- August 12, 2003 improvements and facilities relating to fire, police, and paramedic service. 29. 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. 30. The developer shall submit plans to the electric utility company for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and/or the Association until streets are accepted by the City. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 31. The applicant shall meet all requirements of the providing electric utility company. 32. The applicant shall meet all requirements of the providing gas utility company. 33. The applicant shall meet all requirements of the providing telephone utility company. 34. A bond is required guaranteeing the removal of all trailers used during construction. 35. All signage shall be subject to Planning Division review and approval prior to installation. 36. Landscape Plans for the tract shall include vegetative screening of all retention basins. 37. Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. A Geologic Page Seventy-Five- City Council Minutes - August 12, 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 sixty feet (60') shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. ENGINEERING DIVISION 39. 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 40. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26). 41. 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. 42. 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). 43. 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). 44. 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. Page Seventy-Six - City Council Minutes - August 12, 2003 45. Desirable design grade for local streets should not exceed 10%. The maximum grade of 15% should only be used because of design constraints. 46. Interior streets shall be designed with 10% as the desired grade and intersecting streets shall meet at a maYimum grade of 6°/a. 47. Pay all fees and meet the requirements for an encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83-78). 48. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8'/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 49. The applicant shall install one permanent bench mark to Riverside County Standards and at a location to be determined by City Engineer. 50. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 51. 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. 52. Provide fire protection facilities as required in writing by Riverside County Fire. 53. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 54. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. Page Seventy-Seven - City Council Minutes - August 12, 2003 55. 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. 56. 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. 57. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 58. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Cal. Registered Civil Engineer shall be required if grading exceeds 50 cu. yds. or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cu. yds. 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 befare grading begins. 59. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 60. An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 61. 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. Page Seventy-Eight - City Council Minutes - August 12, 2003 62. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 63. 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". 64. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 65. 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. 66. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 67. 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. 68. 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. 69. 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. 70. A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed stormwater run-off on private property. Page Seventy-Nine - City Council Minutes - August 12, 2003 71. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed. 72. Provide Tract Phasing Plan for the City Engineer's approval. Bond the public improvements for each Phase as approved by the City Engineer. 73. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board if necessary far 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. 74. 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. 75. The detention basins shall be designed to filter the first flush storm and completely drain the runoff from a 2 yr. storm event in less than 40 hours. 76. 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. 77. Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered civil engineer. 78. All residential streets with harizon reversing curves shall have a minimum tangent of 50 feet between the curves. Page Eighty - City Council Minutes - August 12, 2003 79. Upon demonstration to the City prior to recordation of the Final Map that an adjacent property 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 properiy including any and all conservation, open space or mitigation use of property. 80. Applicant shall provide a homeowner's association with CC & R's for maintenance of the open space and detention basins, ar an entity approved by the Community Development Director. 81. All open space and slopes, except for public parks and schools and flood control district facilities, outside the public right-of-way will be owned and maintained by either a home owner's association or private property owner, or an entity approved by the Community Development Director. 82. 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. 83. This tract must be built in coordination with Tracts 25478 and 25479. 84. The applicant shall construct "I" Street to Lot G and deed Lot G to the adjacent property owner in accordance with the agreement executed July 15, 2003 between the affected parties and recorded with the Final Map. The Final Map shall be corrected to reflect this requirement. Page Eighty-One - City Council Minutes - August 12, 2003 COMMUNITY SERVICES DEPARTMENT 85. All retention basins and v-ditches are to be maintained by the HOA. 22. Formation of CFD 2003-1 - callin~ a snecial election canvassine an election result and autharizing a levy of special taxes - Resolution Nos 2003-37 throu~h 2003-39 and Ordinance No 1102. (F:22.3)(X:127.1) City Manager Watenpaugh noted previous discussions of this item to implement a$300 per dwelling unit Community Facilities District. He explained that there would be City Wide CFD, and a specific district for operation and maintenance in the Canyon Hills area. Don Hunt, Bond Special Counsel, noted that a resolution had been previously adopted to state the intention of creating this district. He explained that eventually, this district would be in place for all new developments in the City. He explained the public hearing process for this meeting and the Council's options following the public hearing. Mayor Brinley opened the public hearing at 8:00 p.m. Planning Commissioner Dan iJhlry, 103 W. Flint, indicated that he was happy to see this being handled formally, and apply to each tract map. He expressed support. Bill Shopoff, representing White Rock Acquisitions, indicated that they had worked with the City and were in favor of the Community Facilities District and would annex to the District at the appropriate time. Councilwoman Kelley commented that the Community Facilities District was quite necessary due to the City's growth rate. She stressed that it was already difficult to keep up with police and fire services. She expressed support for the District. Page Eighty-Two - City Council Minutes - August 12, 2003 Councilman Buckley indicated that he was also in favor of the Community Facilities District, and explained that it would be a$300 per year assessment on new development, with the lowest limit being four houses. He noted that the first to participate would be Pardee Homes in Canyon Hills, with the future phases. He explained that the first phases had paid for the station and the future phases would be paying for the staffing. Councilman Hickman noted his fiduciaty responsibility to the public; and commented while he hated taxes, this was a necessity and he agreed with it. Mayor Pro Tem Schiffner commented that a lot of people would be upset by this tax, since other residents were not required to pay it. He indicated that it was like two other plans county-side being the TUMF for roadways and the MSHCP for habitat. He stressed the impacts of those taxes, and commented that this assessment was necessary and he was in favor of it. Mayor Brinley concurred that she did not like to do this, but it was necessary for police and fire. Mayor Brinley closed the public hearing at 8:05 p.m. MOVED BY BRINLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2003-37. RESOLUTION NO. 2003-37 RESOLUTION OF FORMATION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES); AND AUTHORIZING THE LEVY OF A SPECIAL TAX WTTHIN SAID DISTRICT. Page Eight-Three - City Council Minutes - August 12, 2003 MOVED BY BRINLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2003-38. RESOLUTION NO. 2003-38 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING ON BEHALF OF THE COMMiJNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) CALLING A SPECIAL ELECTION. THE REGULAR CITY COUNCIL WAS RECESSED AT 8:06 P.M. FOR TABULATION OF THE BALLOTS. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 8:15 P.M. Mayor Brinley requested the result of the election. City Clerk/Human Resources Director Kasad reported one ballot with the vote being 100% in favor of the proposed Community Facilities District. MOVED BY BRINLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2003-39. RESOLUTION NO. 2003-39 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING ON BEHALF OF COMMiJNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) CANVASSING THE RESULTS OF THE ELECTION HELD WITHIN SAID DISTRICT. MOVED BY BRINLEY, SECONDED BY SCHIFFNER TO ADOPT ORDINANCE NO. 1102 UPON FIRST READING BY TITLE ONLY: Page Eight-Four - City Council Minutes - August 12, 2003 ORDINANCE NO. 1102 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 23. Public Hearin~ for consideration of objections and to the confirmation and placement of char e~ s on propertv tax bills- Resolution Nos. 2003-40 and 2003-41. (F:166.1)(X32.4) City Manager Watenpaugh noted that this was the annual consideration of objections to placement of bills on the tax rolls. Community Development Director Brady explained that this was an annual process for weed abatement throughout the community, which began with notices being mailed to 5,000 property owners in March of this year. He further explained that the property owners were given until May 15th to clear their properties of the weeds. He advised that 877 parcels were cleaned under the Weed Abatement Program at a cost of $491,860.00; and 13 parcels were cleaned under the Nuisance Abatement Program at a cost of $5,562.96. Mayor Brinley opened the public hearing at 8:20 p.m. Page Eighty-Five - City Council Minutes - August 12, 2003 Lorraine Watts, 210 N. Scrivener, spoke as a member of the NAACP, and noted her concerns expressed at the last meeting regarding problem areas. She presented a list to the Council to assure that the lots were cleaned. She suggested that realtors should be held responsible for the properties with real estate signs on them. Councilman Buckley questioned the process of informing the property owners of the need to abate their properties. He suggested that it might not be a bad idea if there was a list to inform the real estate agents of the requirements. He noted the number of parcels and the cost per parcel, and questioned how long the abatement took per parcel. Community Development Director Brady noted that the time was based on the size and configuration of the parcel; and advised that there was a$250 per parcel administrative charge to encourage abatement by the property owners. He stressed that the preference would be for the owners to do their own abatement. He explained that the administrative costs covered staff time, and noted that with more rains there were more weeds to be abated. Councilman Buckley further questioned the costs per parcel and whether City owned properties had been abated. City Manager Watenpaugh indicated that he believed as of this date they had been done; and noted that next year abatement would be done by City staff. He noted a section at four corners which had not been abated to allow for habitat. Councilman Buckley questioned lots between the fishing beach and Chaney Street. City Manager Watenpaugh indicated that the lots were not owned by the City. Councilman Hickman inquired if weed abatement was still underway. Community Development Director Brady indicated that as of this date, some hand wark was being done near Gunnerson and Strickland, otherwise it should be completed. He noted that there were still some lots that would be done by the City contractor for private owners, as agreements were already in place. Councilman Hickman questioned how the City could be forced into doing weed abatement for the property owners. Community Development Director Brady clarified that absentee owners might not be able to do the work, however some owners just choose to have the City do Page Eighty-Six - City Council Minutes - August 12, 2003 it. Councilman Hickman questioned the potential that some of the owners would come and do the work next year. Mr. Brady indicated that some might, and staff would like to see that. He noted that with development the number of parcels to be abated would go down. Councilman Hickman commented that he was glad to see the work getting done. Mayor Pro Tem Schiffner indicated that it was unfortunate that the City had to do this work, because people did not take care of their own property. Councilwoman Kelley had no comments. Mayor Brinley commented that this was an annual housekeeping item, but it seemed there were more lots every year. Mayor Brinley closed the public hearing at 8:26 p.m. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NOS. 2003-40 AND 2003-41. RESOLUTION NO. 2003-40 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONFIRMING AN ITEMIZED WRITTEN REPORT SHOWING COST OF WEED ABATEMENT, CONFIRMING THE ITEMIZED WRITTEN REPORT FOR EACH SEPARATE PARCEL OF LAND REQUIRED BY SECTION 39574 OF THE GOVERNIVIENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING THAT THE COSTS THEREOF ON EACH PARCEL OF LAND SHALL CONSTITUTE A SPECIAL ASSESSMENT LIEN AGAINST SAID PARCELS OF LAND PURSUANT TO SECTION 39574 OF THE GOVERNMENT CODE OF THE STATE OF CALIFO1tNIA, AND PROVIDING FOR THE FILING OF SAID ASSESSMENTS AS PROVIDED IN SAID GOVERNMENT CODE. Page Eighty-Seven - City Council Minutes - August 12, 2003 RESOLUTION NO. 2003-41 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONFIRMING AN ITEMIZED WRITTEN REPORT SHOWING COST OF NUISANCE ABATEMENT, CONFIRMING THE ITEMIZED WRITTEN REPORT FOR EACH PARCEL OF LAND REQUIRED BY SECTION 39574 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING THAT THE COSTS THEREOF ON EACH PARCEL OF LAND SHALL CONSTITUTE A SPECIAL ASSESSMENT LIEN AGAINST SAID PARCELS OF LAND PURSUANT TO SECTION 39574 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING FOR THE FILING OF SAID ASSESSMENTS AS PROVIDED IN SAID GOVERNMENT CODE. BUSINESS ITEMS 31. Desi~n Review of Commercial Project No 2003-02 for a drive-thru coffee shon located within the Seers Plaza on Riverside Drive-APN 379-090-020. (F:58.2) Community Development Director Brady explained this item, far a 420 square foot drive-thru and walk-up window, in the Seers Plaza between Lincoln and Grand. He explained that the project was reviewed by the Planning Commission as a Conditional Use Permit was required for all drive-thrus. He noted that the applicant was in agreement with the conditions of approval. Councilwoman Kelley indicated that it would be great to have the business. Councilman Hickman inquired if they would only be selling coffee. Community Development Director Brady indicated that they would probably also sell sweets, eta Councilman Hickman questioned the inclusion of a walk-up window. Mr. Brady confirmed. Councilman Hickman wished the business success. Page Eighty-Eight - City Council Minutes - August 12, 2003 Councilman Buckley questioned the landscaped section and if people would be allowed to sit under the trees to drink coffee. Community Development Director Brady confirmed that would be possible. Councilman Buckley inquired if it would be called Java Junkie. Mr. Brady indicated that he was not sure of the exact name, as the sign plan had not been submitted. Mayor Pro Tem Schiffner questioned the intent for an area of paving with tables and umbrellas. Community Development Director Brady noted that it was the same area discussed by Councilman Buckley, however there were drives on both sides. Councilman Buckley indicated that he had no issue with the project, as the Planning Commission had covered it well. He wished the business good luck and concurred that the location near the new high school was good. MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE DESIGN REVIEW FOR COMMERCIAL PROJECT NO. C 2003-02 AND RELATED IMPROVEMENTS, BASED ON EXHIBITS A THRU E, AND THE FOLLOWING FINDINGS; AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: FINDINGS The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the project is located. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. Conditions and safeguards pursuant to Section 17.82.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to insure development Page Eighty-Nine - City Council Minutes - August 12, 2003 of the property in accordance with the objectives of this Section and the planning district in which the site is located. Conditions of Anaroval - Commercial Proiect No. 2003-02 PLANNING DIVISION 1. Design Review approval for Commercial Project No. C 2003-02 and Conditional Use Permit No. 2003-02 will lapse and be void unless building permits are issued within one (1) year of City Council approval. The Community Development Director may grant an extension of time of up to one (1) year per extension, priar to the expiration of the initial Design Review approval. Application for a time extension must be submitted to the City of Lake Elsinore one (1) month prior to the expiration date. 2. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division for 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, or the Planning Commission/City Council through subsequent action. 4. If the use is discontinued for a continuous six (6) month period or more, Conditional Use Permit No. 2003-02 may be revoked. The revocation process shall comply with Section 17.74.110 of the Lake Elsinore Municipal Code (LEMC). 5. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened so that Page Ninety - City Council Minutes - August 12, 2003 they are not visible from neighboring property ar public streets. All screening shall be subject to the Community Development Director or designees approval. 6. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighbaring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building as shown on the plans. 7. The applicant shall provide one (1) trash enclosure constructed per City standards as approved by the Community Development Director. One (1) 5 foot landscaped planter with approved landscaped materials shall be provided along the side of the trash enclosure facing Riverside Drive (southeast) 8. No exterior roof ladders shall be permitted. 9. Applicant shall use roofing materials with Class "A" fire rating. l0.A11 exterior downspouts shall be painted to match with building exterior 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.Signage sha11 conform to the provisions of Section 17.94. The Community Development Director ar designee shall approve all signs for the project. 14.The applicant shall provide two electric ordering systems. One system shall be placed at the second vehicle stop in each drive-thru lane. Page Ninety-One - City Council Minutes - August 12, 2003 15.Applicant shall meet ADA (Americans with Disabilities Act) requirements. 16.No outdoor storage is allowed. 17.Noise shall be regulated per the regulation of Chapter 17.78 of the Lake Elsinore Municipal Code. 18.Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. PRIOR TO B UILDING/GRADING PERMITS 19.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 recards. 20.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. 21.Prior to issuance of building permits, applicant shall provide assurance that all s required fees to the Lake Elsinare Unified School District have been paid. 22.Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 23.Prior to issuance of building permits, applicant shall pay any park-in-lieu fee in effect at time of building permit issuance. 24.Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be Page Ninety-Two - City Council Minutes - August 12, 2003 charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%) City fee. a. All Planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigaton methods. b. All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. c. Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). d. Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shade in fifteen (15) years. e. Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. £ 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. g. All landscape improvements shall be bonded 100% for material and labor for two years from installation sign-off by the City. Release of the landscape bond shall be requested by the applicant at the end of the required two years with approval/acceptance by the Landscape Consultant and Community Development Director or Designee. h. Final landscape plan must be consistent with approved site plan. i. Final landscape plans to include planting and irrigation details. Page Ninety-Three - City Council Minutes - August 12, 2003 ENGINEERING DIVISION Note: The Engineering Division does not Condition buildings less that 650 square feet. 32. Re~ulation of Automobile Tent Sales-request continuance. (F:151.1) Mayor Brinley noted that staff had requested that this item be continued to August 26`~'. City Manager Watenpaugh confirmed. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO AUGUST 26, 2003. 33. Lake Elsinore Rotary Club - Waiver of Alcohol Policy far Arts and Wine Festival. (F:108.1) City Manager Watenpaugh explained that this item was for a waiver of alcohol requirements for use of City parks; and indicated that he anticipated no problems with the event. Carl Johnson, 512 Chaney Street, indicated that he was present to respond to concerns on the event. He advised that the event would be used as a fund-raiser for FIT (Fix It Together) projects, to clean up houses in the area and fund a conference for High School students. Steve Walls, 571 Birch Street, provided background on the Rotary Club and noted that they currently had over 50 members. He expressed hopes that this would be an annual event and draw from other Rotary Clubs. He advised that there would be work by local artists and some from out of the area. He noted past Rotary Club efforts such as the bus benches around the City, funding for Cops for Kids, Student of the Month, Teacher of the Month, etc. He requested the waiver be allowed for this event. Page Ninety-Four - City Council Minutes - August 12, 2003 Mayor Pro Tem Schiffner questioned if there would be tastes or bottles of wine offered. Mr. Johnson indicated that it would mimic an event in Arrowhead with purchasing of tastes as well as bottles. Councilwoman Kelley indicated that this was for a good cause, and she had no problem with the request. Councilman Hickman noted that Rotary also put up the entry signs and thanked them for this effort. He expressed support for this event, noting that it was for a good cause. Councilman Buckley expressed support. Mayor Brinley indicated that Rotary was very helpful for the community; and commented on the assistance the bus benches provide. She thanked the Rotary Club for their efforts. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO WAIVE MUNICIPAL CODE SECTION 8.40.040a TO ALLOW THE ROTARY CLUB TO SERVE "TASTES" OF WINE AND SELL FULL AND UNOPENED BOTTLES OF WINE AT THEIR ARTS AND WINE FESTIVAL. 34. Repeal of Section 2.08.026 and amending and restatina Section 232.010 of the Lake Elsinore Municipal Code-Ordinance No. 1103.(F:72.1) City Attorney Leibold noted that the Municipal Code currently contained provisions which were no longer in line with State law. She explained that the Political Reform Act and Elections Code had been revised by a number of legislative activities. She indicated that the proposed Ordinance would ensure consistency between the Municipal Code and the State Codes, by removing specific references and repealing a section relating to Voluntary Expenditure Limits for City Council campaigns. Page Ninety-Five - City Council Minutes - August 12, 2003 Councilman Hickman commented that this was a housecleaning item. Councilmembers Buckley, Kelley and Schiffner and Mayor Brinley had no comments. MOVED BY BUCKLEY, SECONDED BY SCHIFFNER TO ADOPT ORDINANCE N0.1103, UPON FIRST READING BY TITLE ONLY: ORDINANCE NO. 1103 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING SECTION 2.08.026 OF THE LAKE ELSINORE MUNICIPAL CODE AND AMENDING AND RESTATING SECTION 2.32.010 OF THE LAKE ELSINORE MUNICIPAL CODE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 35. Amendment to Public Em l~oyees Retirement System Contract (F:68.1)(X:116.3) City Manager Watenpaugh explained that this was an amendment to the Employees' Contract, approved during negotiations with regard to part-time employees being enrolled at the 1,000 hour limit. Page Ninety-Six - City Council Minutes - August 12, 2003 Mayor Pro Tem Schiffner noted that some might think that this was an improvement to the current system, when really it was just a housecleaning item to bring the contract into conformance with what is already being done. Councilwoman Kelley had not issues with this item. Councilman Buckley had no comments. Councilman Hickman inquired if this meant that the part-time employees would receive retirement benefits. City Clerk/Human Resources Director Kasad indicated that they would receive partial benefits based on hours and years of service. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT ORDINANCE N0.1104, UPON FIRST READING BY TITLE ONLY: ORDINANCE NO. 1104 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AND THE BOARD OF ADMIIVISTRATION OF THE CALIF'ORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Page Ninety-Seven - City Council Minutes - August 12, 2003 ABSTAIN: COUNCILMEMBERS: NONE 36. Lea~ue of California Cities/Votin Dele~ate for the Annual Conference. (F:108.8) MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY A VOTE OF 4 TO 0 WITH BRINLEY ABSTAINING TO APPOINT MAYOR BRINLEY AS VOTING DELEGATE AND COUNCILMAN HICKMAN AS ALTERNATE VOTING DELEGATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE. ITEMS PULLED FROM THE CONSENT CALENDAR EVMWD request to use Cityproperty as a borrow site. (F:164.2) City Manager Watenpaugh explained that this item was a request from EVMWD for an easement to borrow property from the City. He further explained that it was part of the 350 acre wetlands in the area around the wells. He indicated that they were in need of fill to elevate the area. He advised that there would be no major impacts as it was very close to the site they were filling. He further advised that they were in discussions with the Corps of Engineers and had secured the necessary permits. Pete Dawson, 18010 Grand Avenue, noted that this was an item which required no fill be brought into the flood plain. He expressed concern and commented that everyone needed to be watching very carefully to assure that nothing would be coming into the floodplain from outside the floodplain. He stressed the need to assure that this use did not decrease the capacity of the floodplain. Councilman Hickman indicated that the item appeared to be just for expansion around the two wells and expressed support for the request. Councilwoman Kelley had no comments. Councilman Buckley had no comments. Page Ninety-Eight - City Council Minutes - August 12, 2003 Mayar Pro Tem Schiffner indicated that he was very sure the Water District would do something very nice in return. Mayor Brinley had no comments. MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE EVMWD'S REQUEST TO USE CITY PROPERTY ADJACENT TO THE CEREAL STREET WELL AS A BORROW SITE FOR FILL DIRT. 6. Amended and restated concession contract with Action Park Alliance. (F:68.1)(X:114.14) City Manager Watenpaugh highlighted this item which clarified the gross versus net revenue numbers. Community Services Director Sapp noted that one of the main reasons for this item was the change in the subsidy. He stressed that the City Council could review the requests annually, and this was not a guarantee for the next four years. Lorraine Watts, 210 N. Scrivener, indicated that she attended a special meeting that helped to fund the skate park, and expressed her belief that children should have a place to go. She indicated that the initial fee was too much money, but she understood that the concessionaire would bring in professional skateboarders for events to generate funds for the park and make it self sustaining. She suggested that without transportation to the park, subsidizing it would be a waste of the City's money. She noted that her position on this issue had changed. George Alongi, 410 Avenue 11, addressed subsidies in the community, including the ball field, movie theater, Jess Watkins, and the skateboard park. He suggested if they could not operate at a profit they needed to leave. He further suggested operating the park with volunteers, and noted the excellent volunteers in the community. He commented that two Councilmen should vote yes, so it could be brought back when the Council was changed. Page Ninety-Nine - City Council Minutes - August 12, 2003 Leroy Tucker, 3532 Cherry Blossom, noted that he came to the Council several years ago with a layout for a skateboard park from the kids in his neighborhood. He accepted his part of the blame for the problems encountered with that proposal. He suggested a solution might be to hire some senior citizens to take care of the park; still budgeting the money, but letting the seniors run it. Ron La Pere, 16867 Wells Street, indicated that the Council had already taken action on the subsidy, and suggested an amendment with regard to inner City children who could not get to the park. He suggested that the Council consider working with the RTA and the budget to allow all of the children the same opportunity. Mayor Brinley comments, as the representative to RTA, they she assisted in procuring three buses for the City which could be used to travel back and forth. She clarified that the subsidy was actually $50,000. She questioned the ability to utilize senior citizens to run the buses. City Manager Watenpaugh indicated that the use of seniors or volunteers had not been considered. He noted that while the buses were free, there was a cost for staffing. He also noted that RTA had offered to provide the service for about $62,000. He suggested that it might put the City in harms way, if the kids don't get on a bus on time. He indicated that this issue could be brought back to Council, with a proposal for operating the buses. Mayor Brinley questioned the ability to use existing staff for transportation. City Manager Watenpaugh indicated that it could be done, but it would take away from other programs. Councilman Hickman suggested use of the senior citizens to drive the buses. City Manager Watenpaugh suggested looking at a comprehensive plan for transportation. Mayor Brinley suggested a study session to discuss this issue. Mayor Pro Tem Schiffner suggested providing xransportation for a couple of months to see if anyone would use it. Page One Hundred - City Council Minutes - August 12, 2003 Mayor Brinley stressed that the buses were just sitting in the public works yard; and suggested that the City Attorney and City Manager put together a pilot program to see if it would work. She noted that she also had concern that the safety equipment requirements at the park were not being enforced. City Manager Watenpaugh indicated that the issue of safety equipment had been addressed. Councilman Buckley commented on the provision of bus service; and suggested it might be something to consider, if the cost of the service came out of the existing subsidy. He suggested that such a service should include downtown, the Bird Tract; Joy Street, Terra Cotta, with loops to cover the skatepark, library, etc. He also suggested that it was a good idea to take advantage of volunteerism in Lake Elsinore. He noted that he intended to abstain on this item. Mayor Pro Tem Schiffner indicated that he was in favor of working out a program for transportation at some point, but that was not the item for consideration tonight. He noted that he was not in a position to vote on that program. He stressed that this item was not a long term contract, as it was only agreeing to one year of funding. He noted the problems at facilities in other communities and the cost of providing services at other city facilities. He suggested that staff look at the use of buses and seniors who might be willing to drive them. Councilwoman Kelley reiterated that this was for consideration of the dollars which had already been budgeted; and clarified the gross versus net revenues. She concurred that transportation was needed and stressed that the park was a service to the youth of the community and enhanced the quality of life. She noted the number of requests received to establish this facility and noted the lack of police problems seen by other cities. Councilman Hickman commented that saying the facility was free was misleading and noted the cost for residents vs. non-residents. He expressed concern with the location and indicated that he wanted inner city kids and Page One-Hundred-One - City Council Minutes - August 12, 2003 Canyon Hills kids to have access to the park. He concurred that transportation was the only solution. He suggested doing a study and considering running the buses on the weekends. Mayor Brinley reiterated the need for transportation and requested that staff study the issue and develop a plan for use of the buses. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A VOTE OF 4 TO 0 WITH BUCKLEY ABSTAINING TO APPROVE THE AMENDED AGREEMENT. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 9:21 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 9:31 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Lt. Col. Paula Graver, 218 Ellis Street, provided and update on military issues, noting that her son was back in Texas. She commented on the recent Support the Troops rallies. She read a commentary on Friendship Week. Bob Magee, 32400 Beechwood, addressed a proposal by Urban Pacific Builders in the area between Serenity and Reflections. He noted that he was in support of a Development Agreement four months ago, provided that they complied with the nuisance ordinance. He indicated that last week he challenged the Planning Commission with regard to cleaning up the property, but the developer stated that they had not closed escrow and were unable to remove the trash. He commented that the Planning Commission accepted that response and approved their proposal. He indicated that there was no park in his area of town and the skatepark was eight miles away, so their park was the dirt lot with the trash, debris and leaking fuel tank. He indicated that he requested that the property be cleaned up over a year ago, and a lien placed against the property. He indicated that the project would be Page One-Hundred-Two - City Council Minutes - August 12, 2003 before the Council for further approval in two weeks and requested that they be forced to be a good neighbor and clean up the area before the receive entitlements. George Alongi, 410 Avenue 11, indicated that he was quite disturbed when he read about the Council action on the homeless. He commented that the Council needed to address the needs of all members of the community. He suggested that the Council needed to assist them with some sort of shelter to assist the homeless. He stressed the need to see what could be done to assist them, noting that while some were undesirables, but others were suffering because of the system. He suggested that it was sick of Code Enforcement to remove the people and cut down the trees and bushes they were living in. Gil Rasmussen, elsinoremagazine.com, commented that the City Council ran from good sense on the Williams Audit. He commented on future "cover-ups" and suggested that lawsuits were pending for the future. Tim Fleming, 17970 Lakeshore, noted that many citizens felt that Williams Landscaping was one symptom of a larger problem in the City. He questioned the lack of checks and balances and proper documents; and suggested that there was a need for public access to records of spending. He addressed issues with the homeless, and noted that while the Task Force had been dissolved, there were a number of concerned citizens doing more research into the homeless situation. Ed Fitzpatrick, managing partner for Ramsgate, invited the community to an event on August 23`d from 9 a.m. to 2 p.m., being Wasson Creek Clean-Up Day. He noted that the Sheriff s Department was participating in the program which would addresses 1,200 acres. He indicated that they would provide tools and gloves to do the clean up. He also noted that they would provide a bar-be-que for the event. Mayor Brinley commented that the City took its homeless issues seriously and established a Task Force who did their due diligence and provided recommendations to Council. She stressed that the Council had not shirked its responsibilities. Page One-Hundred-Three - City Council Minutes - August 12, 2003 CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1) Noted that Lutheran Social Services was providing assistance to the homeless, where desired. 2) Noted that a couple of big boxes retail businesses were coming to the northeast corner of Dexter/74; and grubbing was underway and plans were in the works. He indicated that they hoped to open in 2004. CITY ATTORNEY COMMENTS City Attorney Leibold commented on the following: 1) Indicated that she could not disagree more with the comments by Mr. Rasmussen; and indicated that she would be corresponding with the Council on the matter. She commented that she would be happy to share the Council's findings and statements at a later time. COMMITTEE REPORTS No Reports. CITY COUNCIL COMMENTS Councilman Hickman commented on the following: 1) Thanked the Padres for the new Little Padres Field. 2) Thanked EVMWD for the reception highlighting the dam and purification of the water. Page One-Hundred-Four - City Council Minutes - August 12, 2003 3) Noted that rebates for properiy taxes were still begin done for residents 62 and older, at the Seniar Center on Thursdays. 4) Thanked City employees for cleaning up Terra Cotta Street and taking away the abandoned cars on Browning and McBride. 5) Indicated that he was contemplating a sign to prevent dumping or graffiti, noting that it hurts him to see the condition of the City. 6) Thanked Ms. Graver for her support of the military. 7) Thanked concerned residents and the Task Force for their consideration of the homeless. 8) Requested that anyone who saw someone tl~rowing trash or leaving junk cars, call him at home 245-7729 Councilman Buckley commented on the following: 1) Congratulated everyone on the Little Padres Park opening. 2) Thanked the RDA Task Force and the Homeless Task Force for their efforts, noting that everyone involved were excellent examples of involved citizens. Mayor Pro Tem Schiffner commented on the following: 1) Noted the appointment of the Task Forces to address specific problems in the community, and stressed that this was a preferred approach to include interested citizens in the process. He commented that he was sorry it was not possible to please everyone. Councilwoman Kelley commented on the following: Page One-Hundred-Five - City Council Minutes - August 12, 2003 1) Reminded everyone of the Music with a View concert series and detailed the upcoming concerts. 2) Indicated that she was happy to hear that Costco was coming to the City. 3) Indicated that she did not usually comment on political issues from the dais, but in this case needed to comment personally. She noted that everyone had days when they had to set their sites on what to do and change direction, which happened with regard to the upcoming election. She noted that originally she was prepared to support Mr. Schiffner, Mrs. Brinley and Mr. LaPere in this election year, and willing to retire and do other things. She stressed the need to continue a positive direction for the City and retain professionalism in City staff. She noted that the chain of events led to her quick action, when Mrs. Brinley decided not to file papers. She expressed concern that there was a slate of candidates supporting a charter City, which she did not support as a solution for the City. She indicated that she did not believe the Council needed more power. She clarified that the events changed the situation quickly and she had to act quickly. Mayor Brinley commented on the following: 1) Indicated that she could appreciate other elected officials coming forward and speaking, but it was inappropriate to point fingers when the Council had been making an effort to address issues. She suggested that Mr. Alongi look at sewer rates and assist, before making accusations regarding the homeless in Lake Elsinore. 2) Noted that she made the decision not to run for office, because her family was important at this time and there were things she wanted to address. She indicated that she was looking forward to maintaining a good working relationship with the Council, and expressed support for Councilmembers Kelley and Schiffner, as they have done a good Page One-Hundred-Six - City Council Minutes - August 12, 2003 job of supporting the City and staff. She noted the proposed Costco, and indicated that the major boxes were looking for positive people and a community that is user friendly. She stressed that Councilmembers Kelley and Schiffner were both positive and user friendly, and would present a progressive City for development. She expressed appreciation to Councilwoman Kelley for stepping into the race. She further expressed appreciation to her family and husband for their support. 3) Announced the following upcoming events: Support the Troops Rallies 10 a.m. to 3 p.m. on Saturdays at Burger King. EDC Lunch at the Diamond Club on August 14"' 4) Thanked John Morse and the Padres for their participation in the community and the new field. ADJOURNMENT MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 10:09 P.M. ATTEST: PAMELA BRINLEY, MAYOR CITY OF LAKE ELSINORE ~ VICHI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE