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Home My WebLink About08-26-2003 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 26, 2003 ~:~~~~~:~~~:~**:~~:~~*~~~:~*~:~~*~*~~:~~:**~~~:~**:~~:~~~:~~:~~~:~~*~~:~~*~*~ CALL TO ORDER Mayor Brinley called the Regular City Council Meeting to order at 5:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN KELLEY, SCHIFFNER, BRINLEY ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Community Development Director Brady, Community Services Director Sapp, Administrative Services Directar Pressey, Information/Communications Manager Dennis, Directar of Lake & Aquatic Resources Kilroy and Deputy City Clerk Ray. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 (1 case). (F:40.1)(X:52.1) B. PERSONNEL MATTER - Pursuant to Government Code 54957- Review personnel contract with City Manager. (F:46.1) City Attorney Leibold announced the Closed Session discussion item as listed above. Page Two - City Council Minutes - August 26, 2003 THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:01 P.M. The Closed Session discussion was completed at 6:53 p.m. RECONVENE PUBLIC SESSION (7:00 P.M.1 Mayar Brinley reconvened the Regular City Council Meeting in public session at 7:05 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Chief Walsh. INVOCATION - MOMENT OF SILENCE Mayor Brinley led the City Council Meeting in a Moment of Silent Reflection. 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, Community Development Director Brady, Community Services Director Sapp, Administrative Services Director Pressey, Information/Communications Manager Dennis, Lake & Aquatic Resources Director Kilroy, Police Chief Walsh, City Treasurer Judziewicz and Deputy City Clerk Ray. Page Three- City Council Minutes - August 26, 2003 PRESENTATIONS/CEREMONIALS a. Added Presentation - Cops for Kids - Tammv Walsh (F• 127 2) Tammy Walsh noted the annual Cops for Kids event would be October 19, 2003. Flyers and posters were available to the public. She later gave a power point presentation of previous Cops for Kids events. bl. Proclamation - Ea~le Scout Aaron Hardman (F:122.1) b2. Proclamation - Eaple Scout Jacob Ta,~ (F:122.1) c. Business of the Ouarter - Vertigo INC (F:70.1) The owner gave some history of the company. He indicated they formed with Free Flyers Enterprises in 1977 and had maintained a relationship and had saved many lives with the parachutes they supplied and noted that, at that point no one flew with parachutes. He further indicated they were at their current location (Skylark Field) due to their aviation roots and the fact they owned a large piece of open land, the drop zone and the twin otters so they could provide more economical drop test capabilities for all the DOD contractors as well as NASA and JPO. He noted they had performed a drop test a year ago for the Genesis Mission, which was now out collecting solar wind samples between earth and the sun; and September 8, 2004 they will meet and retrieve those samples and recover the first samples outside the lunar arbit. He expressed their appreciation for the support received from the community. c. Plaque presentation for Daniel Parker (F:56.1) Mayor Brinley indicated the City was paying tribute to a fallen soldier and a member of the Lake Elsinore Community. She introduced the Parker family and read and presented the plaque to the family. Mr. Parker thanked the Council, Staff and Community for their support. He Page Four - City Council Minutes - August 26, 2003 commented they had lived in Lake Elsinore for four years and they were happy they had chosen a community rather than a City to live in. He further commented two months ago the City had presented Daniel a Proclamation and it took some time before Daniel was able to call home and when he was able they read the Proclamation to him and he was happy and excited; and there was a sense of loyalty and devotion Daniel possessed, he was proud to be from Lake Elsinore. He thanked the community and reminded everyone that the fight was not over and the battle was not over. Mayor Brinley asked Jennie Corral a member of the Lake Elsinore School Board to join her and the Parker family at the podium. Mrs. Corral noted that Daniel Parker had received the Bronze Star from his Commanding General and Daniel was in the actual house at the taking of Sadaams two son's. The military made it clear he was not on the street but in the actual group. She also noted that Daniel was now part of an illustrious group. She commented that everything Daniel had done was for the love of his siblings and his Country. She also commented that the "Put the Community in Unity Parade" would be dedicated to the memory of Daniel Parker. Lieutenant Colonel Paula Graver presented flowers and a plaque to the family. CLOSED SESSION REPORT City Attorney Leibold reported that the City Council met in Closed Session to consider Item A: Conference with Legal Counsel and briefly on Item B: Personnel Matter, with no reportable action. PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE George Alongi, indicated the citizens had a right to oppose or reject any decision the elected officials may make, whether it be the President, Governor, Assemblyman, Congressman, Mayor or Councilmember, but the Page Five - City Council Minutes - August 26, 2003 citizens should not lose respect for the position. He commented at the last Council Meeting he disrespected the position of the Mayor and the Council. He further commented the citizens of the community and nation should thank the people in office who spend their time and energy to serve the citizens, even though the citizens might disagree with the elected officials; he apologized to the City of Lake Elsinore for his behavior at the previous Council Meeting. Gil Rasmussen, Elsinore Magazine.com, commented that in honor of a fallen soldier he would withhold his comments. Jil Wojcik, 32921 Rhinehart, Wildomar, commented that her son LT Brian Wojcik was A10 Fighter Pilot in the Air Force and he and the fellow soldiers appreciate everything herself and Paula Graver and others do every Saturday from 10 to 2 for support of the troops. Jeannie Corral, 18014 Heidilisa Lane, announced the "Put The Community In Unity Parade", Saturday, November 15, 2003 at 10 a.m. She indicated the Boy Scouts had requested to have a breakfast at Swick Matich Park. She noted the SK Walk/Run would be held November 22, 2003. She indicated there was no charge for the parade, and noted there was over 100 entries last year. She advised that there would be a meeting on September 8, 2003 at her home at 7 pm. which was strictly volunteer. CONSENT CALENDAR 1. The following Minutes were received and ordered filed: a. City Council/Redevelopment Agency Study Session- July 22, 2003. b. Planning Commission Meeting - July 15, 2003. c. Planning Commission Meeting - August O5, 2003. (F:44.4) Page Six - City Council Minutes - August 26, 2003 2. Ratified the Warrant List of August 14, 2003. (F:123) PUBLIC HEARINGS 21. Tentative Tract Map No. 30846 & Final Supplemental Environmental Impact Report to the East Lake Specific Plan Environmental Impact Report (1993) (SCH#2003021114~. (F:160.2)(X:150.2) City Manager Watenpaugh presented an overview of the item. Community Development Director Brady indicated the map consisted of an area of 78.2 acres located in the general area of Corydon and Palomar. The proposal was for 225 single family residential lots, and the lots would range in size from 6,000 sqft. to 12,676 sqft.; the average size lot would be 6,249 sqft. The area was located in the Eastlake Specific Plan; and the zoning for that area did allow lots of 5,000 sqft. or larger. He further indicated the area would have two parks. There would also be a wetlands area. He also indicated that the project would require the installation of a traffic signal at Palomar and Corydon. He noted there was question during study sessions and at the Planning Commission Meetings when the item was reviewed August 5, 2003, regarding the maintenance of the property as it currently exists today; there had been weed abatement issues and concerns about a tank that was on the property and had been removed. He noted that there was a question in regard to the location of the proposed tract within the area of the Skylark Airport; and there had been reviews done with regard to the impact of the airport, which was a condition that was included in the Condition No. 6 in the staff report and part of the approval package that would require the developer to disclose to the buyers that the property was within an airport influenced area. There was also a question with regards to the HOA for this particular tract; the residents in the existing Serenity Tract asked if they would be required to be part of the HOA. The HOA would only apply to the new homes in that area. He indicated there was an issue regarding Page Seven - City Council Minutes - August 26, 2003 Skylark Drive; Skylark Drive travels adjacent to the existing development, which borders on the County and there was a fence currently at Skylark between the County and the City area, it was the intent of both the County and City to have that gate area maintained, but there were concerns in regard to access to the tract; and with the new development there would be increased access from Palomar into the existing residential area. He noted the applicant was present for Council questions. Mayor Brinley opened the Public Hearing at 7:55 p.m. Bob Magee, 32400 Beechwood Lane, stated he remained in support of the project and acknowledged some of the positive changes the developer had made: The developer would be required to participate in the City's newly created Community Facilities District for increased public safety funding. 2. 'd'he developer had made significant and substantial progress in terms of compliance with the City's nuisance ordinance. 3. The developer would be required to put in a traffic signal. 4. A drainage situation that bisects the property was finally going to be channelized in an environmentally sensitive manner. 5. The developer had agreed to consider enlarging the lot widths on Skylark so they match up more evenly with the houses that currently exist across the street. He noted that during the Planning Commission Meeting held earlier in the month, he had suggested and believed the Planning Commission agreed that since the majarity of residents on Skylark had expressed a desire to restrict through traffic on this road, he had recommended that the applicant be conditioned to insta116ft. high chain link fence with a Knox lock that Page Eight - City Council Minutes - August 26, 2003 would allow only public safety access. He commented that at the conclusion of the meeting he thought and he believed the Planning Commission thought that condition had been incorporated into the packet now before Council. He indicated that he did not see that incorporated into condition 69. He indicated that the Environmentalists were getting more than 13 acres for their bugs and bunnies, and the developer at build out would have 308 of the 310 original proposed lots; the park area had gone from 5 acres with ball fields and tennis courts to 2'h acres with perhaps half a basketball court; so when the project was completed and Serenity, Logo Del Oro and Reflections were all joined together there would be more than 2,000 residents all waiting for that half court. He commented before the Council voting on the project he would request the Council to consider the lack of public facilities on their side of the Lake. He urged Council to approve the project and he made the recommendation that Council change Condition 69 to reflect a more reasonable and safe altemative. James Bush, 32480 Cape Drive, indicated that his property was one lot away from this project. He indicated he was not receiving any notices and he had not heard anything regarding the park issue and agreed with Bob Magee that the area needed parks. He further addressed the issue of a sidewalk on the street that stops in front of the Serenity Tract; he would prefer to have the sidewalk extend to Union because there was no way for the children to walk along that area and get to the school where they would cross at Union where they were proposing a traffic signal. He noted that it would benefit the community to have a crosswalk at Union. He further noted in the short time he has lived in the area he had witnessed two cars completely roll over on that street. He reiterated a crosswalk at that intersection would be beneficial for the children. Mr. Tolley, Urban Pacific, applicant of the project, thanked Mr. Brady and his staff for the cooperation with the project. He indicated that they would be happy to comply with condition 69. He indicated that it was a County road and he was not sure if they had jurisdiction to put in a lockbox; but if found that it was appropriate and legal they would comply. He indicated Page Nine - City Council Minutes - August 26, 2003 they had met with Community Service Directar Sapp regarding the park 18 months ago. The two parks in question would be maintained by the HOA. He noted they had over 20 acres of open space. He apologized to Mr. Bush for not having him on the mailing list. He indicated there would be sidewalks on streets improved within the proj ect. He noted the safety of the children was a major concern of Urban Pacific. Peter Dawson, stated he was concerned more with recreation in the community. He indicated there was an airport next to the project, and the developer would be disclosing that information to each potential buyer and he hoped that such a disclosure would be legally binding to protect the airport. He commented sooner or later those homeowners would decide the airplanes were a problem; and he hoped that the City had legally protected the airport, by requiring any comment made to the buyers be a legally binding document. Ron LaPere, 16867 Wells Street, stated in a matter of clarification relative to Item No. 21, condition 69 from the Planning Commission was referred back to staff to work out with the developer, which was the Planning Commission action. He indicated there would be a traffic signal at Palomar; because the Planning Commission felt it was a dangerous area. He noted that he personally nailed the developer at the Planning Commission Meeting when they indicated they were going to clean up that tract; as to when and how soon and he was pleased to know and hear from Mr. Magee that the tract had been cleaned up. Mayor Brinley asked for clarification regarding condition No. 69. Mr. Brady indicated when there was a street whether in the City or the County area the road was normally connected. There was no issue with regards to having the road remain closed or a type of barricade, as the intention was to keep it closed. Mayor Brinley noted Mr. Tolley addressed the issue of the sidewalks and Page Ten - City Council Minutes - August 26, 2003 the sidewalks would be included in the project. Mr. Brady noted as the streets and the public improvements were added the sidewalks would be put in. He clarified that a stop sign would be placed for the traffic on Union Street; and there would not be a stop sign placed on Corydon to stop traffic as that was not the intention to stop traffic at that location. Staff could look at the feasibility to put in a crosswalk, but it may not be appropriate at that location. The signal would be at Palomar and Corydon. Mayor Brinley suggested Mr. Brady schedule a meeting with Mr. Bush to go tk~rough his concerns regarding the sidewalk and traffic signal issue. Councilwoman Kelley asked if the School District had been notified about the added houses. Mr. Brady confirmed they were notified. She indicated that the safety issue would be taken care of for the children. She addressed condition No. 69; she asked if condition No. 69 would stay as is and the street would be left barricaded. Mr. Brady confirmed and noted that staff would work with the developer and the County. Mayor Pro Tem Schiffner commented that it had been well worked out. Councilman Hickman asked far clarification from Mr. Bush that he would like the crosswalk to be cross courted at Union for the safety of the children. Mr. Bush confirmed. Mayor Brinley noted that Mr. Bush and Community Development Director Brady were going to schedule a meeting to discuss those issues. Councilman Hickman noted that he had the misfortune of driving down Skylark Drive from Grand Avenue and the barricade then goes between the City and the County; even though the developer was putting in $10,000 to help pave that end of Skylark. He questioned why the residents would want the road closed, because it gave access to Grand if they used Skylark Drive. Community Development Director Brady indicated that both County and City residents supported having the barricade. Councilman Hickman asked about the public facilities. Community Development Director Brady stated that the tract had been required to join CFD 2003-1 for the police, fire and paramedics. He reiterated that the parks would be maintained by the HOA. Councilman Page Eleven - City Council Minutes - August 26, 2003 Hickman thanked Mr. Tolley for cleaning up that area. He commented he supported the project. Councilman Buckley asked if the County side of Corydon had a sidewalk from Palomar to Union. Community Development Director Brady indicated it did not have a sidewalk. Councilman Buckley indicated that with the addition of this project, the new sidewalk would connect from the end of Union to Palomar. He indicated the downside with putting a crosswalk in was that there would be no traffic control device, which makes a crosswalk far more dangerous than having no crosswalk at all, because it would give people a false sense of security. He indicated the State warrants would not justify a 4-way stop at Union and Corydon. Mr. Brady stated that the area was located half in the County, the City would need to coardinate with the County. Councilman Buckley suggested that the City and applicant write a joint letter to the School District and County and parents in the area, to specifically address the need for a crossing guard. He also suggested changing the wording of Condition No. 69 to read: Applicant and Riverside County Road Department shall discuss opening up Skylark and Applicant shall contribute $10,000 for paving if road was opened. If Skylark Drive was not opened the Applicant shall install public : safety access only barricades at the border of Skylark Drive subject to the approval of the City Engineer and Riverside County Road Department. Councilman Buckley asked City Attorney Leibold to address the airport issue. City Attorney Leibold indicated the Supplemental EIR addressed the potential impact of noise and the findings indicated noise impact from the airport, as well as, noise from nearby roads rises to a level of insignificant. She indicated the conditions of approval required a recorded disclosure with respect to the proximity of the airport so that perspective buyers were notified of the airport's activities and location. The last specific conespondence from the Airport Land Use Commission declared the Page T~velve - City Council Minutes - August 26, 2003 Skylark Airport was not a public use airport, within the meanings of those provisions and was a special use airport. She noted staff would conduct a follow-up. She further noted the proper agencies were included in the circulation list of the Supplemental EIR and the City met all of the applicable requirements. Mayor Brinley encouraged Mr. Bush and Community Development Director Brady to schedule a meeting regarding the issues Mr. Bush had mentioned earlier. Mr. Tolley indicated that he and the development team would be more than happy to comply with the change in Condition No. 69. Mayor Brinley closed the Public Hearing at 8:25 p.m. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO CERTIFY FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REORT INCLUDING RESPONSES TO COMMENTS AND THE MITIGATIONS MONITORING PROGRAM FOR TENTATIVE TRACT MAP NO. 30846. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE TENTATIVE TRACT MAP 30846 THAT SUBDIVIDES 75.2 ACRES INTO 225 SINGLE FAMILY RESIDENTIAL LOTS AN 5 LETTER LOTS TO BE USED FOR PARKS, OPEN SPACE AND WETLAND PRESERVATION, WITH MODIFICATION TO CONDITION NO. 69 AS PREVIOUSLY DISCUSSED. APPROVAL IS BASED ON EXHIBITS `A' THRU `F, FINDINGS, AND SUBJECT TO THE ATTACHED CONDITIONS OF APPROVAL. FINDINGS Page Thirteen - City Council Minutes - August 26, 2003 SupplementEnvironmentallmpactReport (SCH# 200302114) 1. Supplemental Environmental Impact Report has been prepared, submitted and reviewed in accordance with requirements of the California Environmental Quality Act and the City's CEQA requirements. The report is complete and adequate in it's evaluation of all environmental effects of Tentative Parcel Map No. 30846 and associated discretionary approvals. Tentative Parcel Map No. 30846 and associated discretionary approvals will not result in any significant environmental affects with mitigation measures. *Impacts associated with short term air quality activities could not be mitigated to levels of less than significant therefore a Statement of Overriding Considerations must be adopted. (*Italics notes text added at Planning Commission Hearing 8-5-03). 2. The proposed project will not have impacts that are individually limited but cumulatively considerable. Given that project impacts are insignificant, cumulative impacts are not foreseen. 3. The proposed project does not have the potential to significantly adversely affect humans, either directly or indirectly with mitigation measures. 4. The Planning Commission recommends to the City Council that it finds that the Supplemental Environmental Impact Report is complete and adequate and provides appropriate environmental documentation far the project and fully complies with the requirements of CEQA, the State CEQA Guidelines, and the City's environmental clearance procedures. Tentative Tract Map No. 30846 Page Fourteen - City Council Minutes - August 26, 2003 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). 2. The effects this project is likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. 3. Subject to the aitached conditions of approval, the proposed project is not anticipated to result in any significant environmental impact. PLANNING DIVISION (Note: Fees listed in the Conditions ofApproval are the best estimates available at the time of approval. The exact fee amounts will be reviewed at the time of building permit issuance and may be raised.) 1. Tentative Tract Map No. 30846 will expire two (2) years from date of approval unless within that period of time a final map has been filed with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. Additional extensions of time (thirty-six months maximum time per the Subdivision Map Act) may be granted per City Council approval. 2. Tentative Tract Map No. 30846 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, unless modified by approved Conditions of Approval. Page Fifteen - City Council Minutes - August 26, 2003 3. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its 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. 30846, which _ action is bought 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. The developer of this subdivision shall comply with all mitigation measures established with the Supplemental Environmental Impact Report's Mitigation Monitoring Program. 5. The applicant shall sign and complete an"Acknowledgement of Conditions" and shall return the executed original to the Community Development Department. 6. A clause shall be included notifying buyers within the Tract of the development's proximity to an airport. Notification shall be recarded on each lot. 7. The applicant shall begin construction for the two parks after obtaining a building permit for the 112th lot. The parks and all other improvements including the channel shall be completed prior to the finaling of the final phase of development. Page Sixteeu - City Council Minutes - August 26, 2003 8. The edge channel shall be enclosed with a decorative block wall and opaque iron gates. These gates shall be locked at all times. Maintenance of the edge channel shall be the responsibility of the Homeowner's Association. The design of the decorative block wall is subject to the review and approval of the Community Development Director or Designee during the Design Review process. PRIOR TO FINAL TRACT MAP 9. Lettered Lot A shall be dedicated to and maintained by the Riverside County Flood Control District. 10. Lettered Lots B through E shall be maintained by a Homeowner's Association and noted on the Final Map. The Homeowner's Association shall be established prior to obtain building permits for the construction of proposed residences. Ownership of these Lots shall be: Lots B& E- u~-~~~.-m~~>~ n°~~~:°*:~~ shall be preserved for private use for general open space purposes and future dedication to an HOA; Lots C& D- dedicated to the City in perpetuity, maintained by the Homeowner's Association. Revised at Planning Commission Hearing 8-OS-03 11. All lots shall comply with minimum standards contained in the Liberty Specific Plan formerly known as the East Lake Specific Plan). 12. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 13. The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7:00 a.m. and cease at 5:00 p.m., Monday through Friday. Construction Page Seventeen - City Council Minutes - August 26, 2003 activity shall not take place on Saturday, Sunday, or any Legal Holidays. 14. Street names within the subdivision shall be approved by the Community Development Director ar Designee prior to final map approval. 15. All of the improvements shall be designed by developer's Civil Engineer to the specifications of the City of Lake Elsinore. 16. Applicant shall comply with all conditions of the Riverside County Fire Department. 17. Applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 18. Any alteration to the topography, ground surface, and any other site preparation activity will require the appropriate City permits from the Engineering Division. A Geologic Soils Report with associated recommendations will be required for all 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 of erosion control landscaping at the time the site is rough graded. 19. Grading of lots shall be done in a matter to prevent downward slopes to the street. 20. The applicant shall initiate and complete the formation of a Homeowner's Association, approved by the City, recorded, funded and in place. All Association documents shall be approved by the Page Eighteen - City Council Minutes - August 26, 2003 City and recarded, such as the Articles of Incorporation for the Association, and Covenants, Conditions and Restrictions (CC & R's). a. CC & R's shall prohibit on-street storage of boats, motor homes, trailers, and trucks over one-ton capacity. b. CC & R's shall prohibit roof-mounted or front yard microwave satellite antennas. PRIOR TO DESIGN REVIEW 21. All future development associated with this map requires separate Design Review approval in accordance with Section 17.82, Design Review of the Lake Elsinore Municipal Code (LEMC). Review shall include house plotting, architectural drawings, floor plans, landscaping and fencing plan shall meet the Design Guidelines of the Liberty Specific Plan (formerly East Lake Specific Plan) and/or the LEMC. Landscaping Plans for the tract shall include vegetative screening of the retention basin and the drainage channel. The landscaping and fencing plans for the drainage channel are required prior to final map recordation. The landscape plan shall also include an Entry Monument at the corner of Corydon Street and Union Street. Revised at Planning Commission Hearing 8-OS-03 PRIOR TO BUILDING PERMIT/GRADING PERMITS 22. Prior to issuance of any grading permit and/or building permit, subdivider shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 23. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. Page Nineteen - City Council Minutes - August 26, 2003 24. The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 25. 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. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 26. The applicant shall meet all requirements of the providing electric utility company. 27. The applicant shall meet all requirements of the providing gas utility company. 28. The applicant shall meet all requirements of the providing telephone utility company. 29. A bond $1,000.00 cash bond shall be required guaranteeing the removal of all trailers used during construction. 30. All signage shall be subject to Planning Division review and approval prior to installation. 31. 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 Page Twenty - City Council Minutes - August 26, 2003 shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. 32. Annexation into CFD 2003-01 shall be required to offset annual costs of providing law enforcement, fire and paramedic services. Revised at Planning Commission Hearing 8-OS-03 33. A decarative masonry block wall shall be constructed along the entire tract boundary. In situations where views are to be considered a combination of wrought iron and block wall may be used subject to the approval of the Community Development Director or his designee. All other fencing shall be provided subject to Section 17.14.130D of the LEMC. A fencing plan shall be submitted to the Planning Division that designates the locations of the various types of fencing prior to building permits. 34. All trailers and/or mobile homes used during construction, mailboxes and signage shall be subject to Planning Division review and approval prior to installation. 35. The applicant shall pay all applicable City fees in force at the time, (including park in lieu fees), prior to the issuance of building permits. 36. Development shall follow the phasing shown, and shall assure that adequate primary and secondary access is provided. 37. 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 addressing additional Enforcement requirements that are not feasibly addressed by the Sheriff's Office. Page Twenty-One - City Council Minutes - August 26, 2003 38. The developer and it's designated Archeological and Historical consultants shall enter into a Treatment Agreement with the Pechanga Band that addresses the treatment and disposition of cultural resources and human remains that may be encountered and impacted as a result of the development of this proj ect. Revised at Planning Commission Hearing B-OS-03 COMMUNITY SERVICES DIVISION 39. The applicant shall post a bond of $360,000 prior to final map approval to ensure to construction of the parks noted on Lot `C' and `D.' 40. Lot `C' and `D' to be dedicated to the City in perpetuity as City park land with maintenance provided by the Homeowner's Association (HOA). 41. City of Lake Elsinore Landscape Architect to provide all park design plans and specifications at developer's expense. No park credits for plans and specifications. Park plans and bids costs shall be completed prior to building permit for the 112th lot. The Park plans shall be reviewed and approved by both the City and the Developer to insure consistency with the requirements of the City. Revised at Planning Commission Hearing 8-OS-03 42. Developer shall begin construction on the parks prior to building permit for the 112`h lot. Parks shall be constructed as shown on the approved plans. Construction of the parks shall be completed within a 6 month period. 43. Trail along Northwest boundary of "Wetland Remediation Area" should be a looped trail that encompasses the area and ties in with the trail in lot `D." Page Twenty-two - City Council Minutes - August 26, 2003 44. All trails to meet City specifications. 45. Retention area to be fenced and maintained by the HOA. No reimbursements to be given for this area. Fencing materials shall be subject to review and approval of the Planning Divisions. Qi ~nn nn,. ..:~.. ,..,. ~.,,:t,a;~,. TV• LVYVIV1JV1 1.V 1./µ~' 1.J ~ • ......:~.. ,.Ftl.o F,«..* .. ...7,,..t:..« , «:• I"' • Deleted at Planning Commission Hearing 8-OS-03 47. Developer to participate in the City's LLMD. 48. All exterior masonry walls and landscape to be maintained by the HOA. HOA maintenance to include graffiti removal. 49. 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. 50. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26). The traffic impact fee is $1,197 per dwelling unit and the drainage fee is $4,105 per acre or $308,690. 51, 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. 52. 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 Twenty-Three - City Council Minutes - August 26, 2003 53. 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). 54. 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. 55. Applicant shall dedicate a 3 foot utility easement on Skylark Drive, Palomar Street and Old Coach Road on the side of the street where houses are located. 56. Applicant needs the approval of the property owner along the southerly boundary of the tract for the construction of Union Street. Union St. must be constructed to a half street section plus one travel lane (30 ft.) width. 57. The drainage easement along the southerly boundary of the tract shall be owned and maintained by a homeowner's association. 58. Proposed Union Street must align with the existing Union Street on the opposite side of Corydon St. in the county. 59. The existing Racquet Club Way shall terminate at the Palomar Channel in a Riverside County Road Dept. Standard cul-de-sac. 60. Parkwood Drive connection with Cape Cod Drive shall be constrtzcted with a Riverside County Road Dept. Standard Knuckle. 61. Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83-78). Page Twenty-Four - City Council Minutes - August 26, 2003 62. 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. 63. The applicant shall install one permanent bench mark to Riverside County Standards and at a location to be determined by City Engineer. 64. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent properiy owners prior to final map approval. 65. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 65. Provide fire protection facilities as required in writing by Riverside County Fire. 66. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 67. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 68. 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. 69. Applicant needs to work with Riverside County Road Dept. to open up Skylark Drive and contribute $10,000 for the paving of Skylark Page Twenty-Five - City Council Minutes - August 26, 2003 Drive by Riverside County Road Department. If Skylark Dr. cannot be opened, the applicant shall install barricades at the end of Skylark Dr. subject to the approval of the City Engineer. 70. 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. 71. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 72. Apply and obtain a grading pertnit 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. 73. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 74. An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on- site. 75. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 far stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 76. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. Page Twenty-Six - City Council Minutes - August 26, 2003 77. On-site drainage facilities located outside of road right-of-way should be contained within drainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions". 78. 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. 79. 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. 80. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 81. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 82. Applicant ~ may need approval from the property owner along the southerly boundary to construct an inlet structure for the Corydon Channel. Revised at Planning Commission B-OS-03 83. Applicant ~ may need approval from the property owner on Corydon St. to construct an inlet structure for the Palomar Channel. Revised at Planning Commission 8-OS-03 84. 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. Page Twenty-Seven - City Council Minutes - August 26, 2003 85. 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 is exceeded, drainage facilities should be installed. 86. A storm drain system must be instailed in Channel Drive to outlet into the detention basin for storm water quality compliance. The detention basin will be owned and maintained by an HOA. 87. Wetland Areas shall be owned and maintained by an HOA. 88. A drainage acceptance letter will be necessaty from the downstream property owners for outletting the proposed stormwater run-off on private property. 89. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed. 90. Provide Tract Phasing Plan for the City Engineer's approval. Bond public improvements for each Phase as approved by the City Engineer. 91. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan priar to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development including maintenance responsibilities. 92. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, Page Twenty-Eight - City Council Minutes - August 26, 2003 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. 93. 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. 94. Palomar Channel must be under construction concurrently with issuance of grading permit. An agreement must be executed between developer, the city and Riverside County Flood Control District (RCFCD) for ownership, maintenance and construction prior grading and/or final map approval. 95. Applicant shall record CC & R's for the tract prohibiting on-street storage of boats, motor homes, trailer, and trucks over one-ton capacity, roof mounted or front yard microwave satellite antennas. The CC & R's shall be approved by the Community Development Director prior to recordation of final map. 96. Developer shall design and construct a traffic signal at the intersection of Palomar St. and Corydon Street. The traffic signal shall be operational at the ~9`~ 45`~' certificate of occupancy. The applicant will receive a credit against their traffic mitigation fee for the cost of construction. Revised at Planning Commission 8-OS-03 97. 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, Page Twenty-Nine - City Council Minutes - August 26, 2003 vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 22. Tentative Parcel Map No. 30985 - MARI{HAM Development. (F:110.2) City Manager Watenpaugh presented an overview of the item. Community Development Director Brady indicated the item was for five acres of G2, general commercial land, located on Camino Del Norte; the proposal was to divide it into three separate parcels ranging in size from 2.59 acres to .96 acres. He noted the Planning Commission held a hearing on August 5, 2003, and recommended approval to the City Council. He indicated the applicant was present for questions and was in agreement with the conditions of approval. Mayor Brinley opened the Public Hearing at 830 p.m. Mayor Pro Tem Schiffner had no comment. Councilman Hickman commented he had no problem with the subdivision. Councilwoman Kelley had no comment. Councilman Buckley asked Community Development Directar Brady if he felt comfortable that he had mare than enough space when Camino Del Norte was extended. Community Development Director Brady confirmed there was enough space. He indicated condition No. 24 stated they would dedicate a 24 ft strip of land along the frontage of Camino Del Norte for a 100 ft. right-of-way as shown on the parcel map. Mayor Brinley indicated that in the report the applicant must pay all park fees and the City was not in the position to maintain parks. She asked if Page Thirty - City Council Minutes - August 26, 2003 there was any way to add to the conditions, that the applicant must form an HOA to receive that responsibility. City Manager Watenpaugh indicated that the park fees paid would go toward replacement of restroom facilities for existing parks and the City did maintain parks with the general fund dollars. Community Development Director Brady indicated that this was a commercial tract so there would not be the development of a park in that area. He noted the applicant would still contribute under the ordinance and regulations of the City. City Manager Watenpaugh noted that the Community Services Department was in the process of updating their Parks & Recreation Master Plan. City Manager Watenpaugh indicated that the City needed to bring that forward so the public would know where the parks were and where parks were planned. Mayor Brinley felt there was a misconception in the community when the issue of park fees was mentioned and the public needed to have a full understanding of park fees. Mayor Brinley closed the Public Hearing at 8:35 p.m. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE TENTATIVE PARCEL MAP NO. 30985 BASED ON THE FINDINGS, EXHIBIT "A" AND SUBJECT TO THE ATTACHED REVISED CONDITIONS OF APPROVAL. FINDINGS The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). 2. The effects this project is likely to have upon the housing needs of the region, the public service requirements of its residents and the Page Thirty-One - City Council Minutes - August 26, 2003 available fiscal and environmental resources have been considered and balanced. 3. Subject to the attached conditions of approval, the proposed project is not anticipated to result in any significant environmental impact. PLANNING DIVISION Tentarive Paxcel Map No. 30985 will e~pire two (2) yeaxs from date of approval unless within that period of time a final map has been filed with the County Recorder, ar an extension of time is granted by the Ciry of Lake Elsinoxe City Council in accordance with the Subdivision Map Act. 2. Tentarive Paxcel Map No. 30985 shall comply with the State of California Subdivision Map Act and shall comply with all applicable xequirements of the Lake Elsinoxe Municipal Code, Tifle 16 unless modified by approved Conditions of Approval. 3. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold hartnless the City, its Official, Officexs, Employees, and Agents fxom any claim, action, or pxoceeding against the City, its Official, Officexs, Employees, or Agents to attach, set aside, void, ox annul an approval of the City, its advisory agencies, appeal boards, or legislarive body concexning TPM No. 30985, which acrion is bought within the time period pxovided for in Califoxnia Government Code Secrions 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will prompfly norify the Applicant of any such claim, action, or pxoceeding against the City and will cooperate fully with the defense. If the City fails to pxompdy norify the Applicant of any such claim, or proceeding, the Applicant shall not, thexeafter, be responsible to defend, indemnify, or hold haYmless the City. 4. A pxecise survey with closures for boundaries and all lots shall be provided, pex City Oxdinance. Page Thirty-Two - City Council Minutes - August 26, 2003 The City's Noise Ordinance must be met during all site prepaxation activity. Applicant shall bond for all public improvements and grading for subject development as xequ~ed by the City Engineex. a) Bonding shall be done by phases and not by final maps(s) on grading. b)Bonding shall be done by final map(s) fox all other impxovements. Pay all applicable fees including paxk fees as stated in the development agreement priox to issuance of building permits. Prior to final map approval of Tentarive Paxcel Map No. 30985, the unpxovements specified herein and appxoved by the Planning Coininission and the Ciry Council shall be installed, ox the bonds and agreement fox said improvements, shall be submitted to the City for appxoval by the City Engineex, and all other stated conditions shall be complied with. 9. All of the ixnprovements shall be designed by developex's Civil Engineex to the specifications of the City of Lake Elsinoxe. 10. Applicant must meet all requirements of Elsinoxe Valley Municipal Watex District (EVMWD). 11. The applicant shall pxovide connection to public sewer fox each lot within the subdivision. No service latexals shall cross adjacent pxoperry lines and shall be delineated on engineering sewer plans and profiles fox submittal to the EVMWD. 12. The developex shall submit plans to Southern California Edison fox a layout of the street lighting system. The cost of street lighung, installation as well as enexgy chaxges shall be the xesponsibility of the developex and/or the association. Said plans shall be appxoved by the City and shall be installed in accoxdance with the City Standards. 13. Meet all requirements of the providing electric utility company. Page Thirty-Three - City Council Minutes - August 26, 2003 14. Meet all xequixements of the pxoviding gas utility company. 15. Meet all requirements of the providing telephone utility company. 16. All trailers used during construction, mailboxes and signage shall be subject to Planning Division xeview and appxoval prior to installarion. 17. Any alterarions to the topography, ground surface, ox any othex site preparation activity will require appropriate Grading City pernuts. A Geologic Soils Repoxt with associated recommendations will be xequixed for grading permit approval, and all grading must meet the City's Gxading Ordinance, subject to the approval of the City Engineer and the Planning Division. Analysis of impacts of fills and cuts greatex than sisty-feet (60') shall be provided. Interim and permanent exosion control measuxes axe xequired. The applicant shall bond 100% for material and labox for one (1) year fox exosion control landscaping at the time the site is xough graded. 18. All development associated with this map xequixes separate Design Review appxoval. 19. Prior to issuance of any grading permit or building permit, subdivider shall sign and complete an "Acknowledgment of Conditions" and shall retuxn the executed original to the Community Development Depaxtment. 20. The applicant shall pay applicable fees and obtain proper clearance fxom the Lake Elsinore Unified School District (LEUSD) priox to issuance of building pexmits. ENGINEERING DIVISION 21. All Public Works xequirements shall be complied with as a condition of development as specified in the Lake Elsinoxe Municipal Code (LEMC) priox to final map approval. Page Thirty-Four - City Council Minutes - August 26, 2003 22. Pay all Capital Impxovement and Plan Check fees (LEMC 16.34, Resolution 85-26). The tsaffic mitigation fee is $0.71 per sq. ft. of building and the dxainage fee is $42,415 (Wasson East District). 23. Submit a"Will Serve" letter to the City Engineering Division fxom the applicable water agency stating that water and sewex arrangements have been made for this project. Submit this letter prior to final map appxoval. 24. Dedicate an approximate 24' to 56' ft. strip of land along the fxontage of Camino Del Noxte for a 100 ft. right-of-way and show on the paxcel map. (added by Plnnning Commission) 25. Construct all public woxks impxovements per appxoved street plans (LEMC 12.04). Plans must be appxoved and signed by the City Engineex priox to fmal map appxoval (LEMC 16.34). 26. Street impxovement plans and specifications shall be prepared by a Cali£ Registexed Civil Engineer. Impxovements shall be designed and constructed to Rivexside County Road Departrnent Standards, latest edirion, and City Codes (LEMC 12.04 and 16.34). 27. Applicant shall enter into an agxeement with the City for the construcrion of public works improvements and shall post the appropriate bonds priox to final map appxoval. 28. Applicant shall obtain any necessary Caltrans pemuts and meet all Caltrans xequirements. 29. Pay all fees and meet requirements of encxoachment permit issued by the Engineering Division for construcrion of public woxks impxovements (LEMC 12.08 and Resolution 83-78). 30. All compacrion repoxts, gYade certificarions, monument cerrifications (with tie notes delineated on 8'/z° x 11° Mylar) shall be submitted to the Engineering Division before final inspection of public works Page Thirty-Five - City Council Minutes - August 26, 2003 improvements will be scheduled and approved. 31. Applicant shall obtain all necessaxy off-site easements fox off-site grading from the adjacent pxopexty ownexs prior to final map appxoval. 32. Asxangements for xelocation of utility company facilities (power poles, vaults, etc.) out of the xoadway shall be the responsibility of the property ownex or his agent. 33. Provide fire protecrion faciliues as xequixed in writing by Rivexside County Fire. 34. Provide stseet lighring and show lighting impxovements as part of stseet impxovement plans as xequixed by the Ciry Engineex. 35. Developer shall install blue xeflecrive pavement maxkers in the stxeet at all fire hydrant locations. 36. Applicant shall submit a txaffic control plan showing all traffic control devices for the tract to be approved priox to final map appxoval. All traffic contsol devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs fox streets within the tract. 37. All impxovement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which axe compatible with City's ARC Info/GIS or developer to pay $300 pex sheet fox Ciry digirizing. 38. All utilities except electrical over 12 kv shall be placed undergxound, as approved by the serving utiliry. 39. Apply and obtain a grading permit with appxopriate security prior to building pernzit issuance. A gxading plan signed and stamped by a Calif. Registered Civil Engineex shall be required and the city engineer must approve the plan prior to gxading pernut. 40. Provide soils, geology and seismic xepoxt including street design Page Thirty-Six - City Council Minutes - August 26, 2003 recommendarions. Pxovide final soils repoxt showing compliance with xecommendarions. 41. An Alquis-Priolo study shall be performed on the site to idenrify any hidden eaxthquake faults and/or liquefaction zones pxesent on-site. 42. Individual lot drainage shall be conveyed to Camino Del Noxte ox accepted by adjacent property owners by a lettex of drainage acceptance ox conveyed to a dxainage easement. 43. On-site drainage facilities located outside of road right-of-way should be contained within dxainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept fxee of buildings and obstsuctions". 44. All natural dxainage travexsing site shall be conveyed thxough the site, or shall be collected and conveyed by a method appxoved by the City Engineer. 45. Submit Hydrology and Hydxaulic Repoxts fox xeview and appxoval by City Engineer and the Rivexside County Flood Contsol District prior to appxoval of final map. Developer shall mirigate any flooding and/ox erosion caused by development of site and divexsion of dxainage. 46. All dxainage facilities in this tract shall be constructed to Riverside County Flood Contsol District Standaxds. 47. Storm dxain inlet facilities shall be appropriately stencfled to prevent illegally duxnping in the dxain system, the wording and stencil shall be appxoved by the City Engineex. 48. Roof and yaxd drains will not be allowed to ouflet through cuts in the street cuxb. Roof dxains should dxain to a landscaped axea when ever feasible. 49. 10 year storm runoff should be contained within the cuxb and the 100 Page Thirty-Seven - City Council Minutes - August 26, 2003 year storm runoff should be contained within the stxeet right-of-way. When either of these criteria are exceeded, drainage facilities should be installed. 50. A dxainage acceptance lettex will be necessary fxom the downstream property ownexs for out letring the proposed stormwatex run-off on private propexry. 51. Developex shall be subject to all Mastex Planned Drainage fees and will xeceive cxedit fox all Master Planned Dxainage faciliries constructed. 52. Applicant shall obtain approval from Santa Ana Regional Watex Quality Control Boaxd fox theix stoxm watex pollurion pxevention plan including approval of erosion control fox the grading plan priox to issuance of grading permits. The applicant shall pxovide a SWPPP for post construcrion which describes BMP's that will be implemented for the development and including maintenance xesponsibilities. 53. Education guidelines and Best Management Practices (BMP) shall be pxovided to residents of the development in the use of herbicides, pesticides, fertilizexs as well as othex environmental awareness education materials on good housekeeping practices that contribute to protecrion of stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 54. In accordance with the City's Fxanchise Agxeement fox waste disposal & recycling, the applicant shall be required to contsact with CR&R Inc. fox xemoval and disposal of all waste material, debris, vegetation and othex rubbish generated during cleaning, demolition, cleax and grubbing ox all othex phases of construction. 23. Public Hearine for Federal Emereenc Mana~ement Agencv - Flood Plain Ordinance Revision.(F:81.1) Page Thirty-Eight - City Council Minutes - August 26, 2003 City Manager Watenpaugh presented an overaiew of the item. He indicated the item was a document that could be used to establish flood elevation in the back basin and the flood elevation around the lake area. He noted that currently the City Ordinance around the Lake, flood elevation for habitable structures was elevation 1,270 ft.; under the new proposal with the flood control channel and the levy intact it was staff recommendation that the elevation be lowered to 1,267 ft. around the Lake as established by FEMA, which would give it a 3 foot freeboard for wind and wave chop around the lake; in the back basin ar the Eastlake Specific Plan area the elevation for a 100 year storm was 1,263.3 ft. and staff recommended adopting an elevation far habitable structure pads at 1,265 ft. Mayor Brinley opened the public hearing at 837 p.m. Councilman Buckley indicated around the Lake 1,267 ft. was a good elevation and asked why not 1,267 ft. far the back basin as well. Community Development Director Brady indicated the back basin was not as deep as the rest of the Lake and the wave action probably would not be as great as the wave action along the shoreline. Mayor Pro Tem Schiffner indicated he was in favor of the staff recommendation. He also indicated all the plans for development had been based upon the 1,265 ft. Councilwoman Kelley indicated the City had worked with the 1,265 ft. flood level far everything that had been done in the back basin. Councilman Hickman agreed with the 1,265 ft. flood level. Councilman Hickman asked if the City was maintaining a 1265 ft. level, what would happen with the property along Lakeshore, where property owners had been putting in slabs of cement. He noted they were below the 1,265 ft. flood level and asked if Code Enforcement would issue tickets. City Manager Watenpaugh noted those were not habitable structures and Staff had contacted the Corps. on most of those properties in their Page Thirty-Nine - City Council Minutes - August 26, 2003 jurisdiction and they seem to have looked the other way at this point. He further noted that a slab had no requirement for a permit unless the property owner was doing major grading; and fences that were not more than 6 feet, did not require a permit. He stated staff was aware that this was a major issue and staff needed to review the ordinance. Councilman Hickman suggested forming a committee or a study to address that issue. Mayor Brinley commented she agreed with her fellow colleagues and shared the same concerns as Councilman Hickman regarding the fences and cement slabs. Mayor Brinley closed the public hearing at 8:45 p.m. Councilman Buckley moved to approve the ordinance with the following modifications: 15.68.010 change figure 1,2633 ft. to 1,264 ft. for the area not in the back basin. He indicated everything currently reads 1,263.3 ft. Community Development Director Brady indicated staff had no problem with the change. Councilman Buckley indicated 1,267 ft. was discussed everywhere but the back basin. He continued with the modifications; 1568.020 change figure 1,263.3 ft. to 1,264 ft., 15.68.030 change figure 1,2633 ft. to 1,264 ft. and 15.68.052 which refers to the back basin change figure 1,2633 ft. to 1,265 ft. total. Councilman Hickman requested clarification that behind the levy would be 1,265 ft. and anything outside would be 1,267 ft. Councilman Buckley confirmed. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND TO ADOPT ORDINANCE NO. ll02. Page Forty - City Council Minutes - August 26, 2003 ORDINANCE NO. 1102 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING CHAPTER 15.68 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING FLOODPLAIN MANAGEMEN. UPON THE FOLLOWING ROLL CALL VOTE. AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 24. Resolution initiatingproceedin sg and a~provin tg he Enpineer's Report for the formation of Landscape and street Li~ tin~ District No. 1. (F 22.2) Administrative Services Director Pressey gave an overview of the item. He indicated as a condition of approval for the Bream Development, the City had asked the developer to form a Lighting and Landscape District. He noted there were currently 21 zones in the City-wide Lighting and Landscape District and the City was forming a new district. He indicated the Engineer's Report page 14 of 23 identified the maximum assessment proposed for 2003/04 and the total assessment for the District. He also indicated in light of new information the total square footage that was estimated in the beginning and as a basis for the Engineer's Report included more square footage than the City had intended, the number had been modified and one of the recommendations was to reapprove the Engineer's Report and staff was asking Council to modify Page Forty-One - City Council Minutes - August 26, 2003 the numbers on page 14 of 23. The maximum assessment per lot would be $96.95 and the total assessment would $12,894. He indicated the District Engineer will revise the report prior to the next public meeting, which would be held on October 14, 2003. He noted that Bream Development would still join the HOA and was in negotiation with the HOA regarding annexation into that Association, so this HOA would maintain and assess through their fee the interior landscaping, and the LLMD would pay for all 49 street lights in the District and the landscaping along the 10,039 square feet of landscape on the entrance to the development. He also noted if Bream did not join the LLNID per the City condition they would form their own. Mayor Brinley opened the public hearing at 8:55 p.m. Councilman Hickman indicated he had inquired about solar lights during the Study Session and was told it would be more expensive and with that he could not fight the figures. Councilwoman Kelley had no questions. Mayor Pro Tem Schiffner commented he was satisfied with the new numbers. Councilman Buckley asked for an explanation regarding the original square footage and why the numbers were so far off. Administrative Service Director Pressey indicated the original number and intent was to cover all public right-of-way square footage and that included the front of every property, the landscape right-of-way (included 5 feet of landscape) on the slope side of each street. The earlier assessment was based on that square footage. Mayor Brinley closed the public hearing at 9:00 p.m. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND Page Forty-Two - City Council Minutes - August 26, 2003 CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2003-41 AS MODIFIED RESOLUTION NO. 2003-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, INITIATING PROCEEDINGS AND APPROVING THE ENGINEER'S REPORT FOR THE FORMATION OF LANDSCAPE AND STREET LIGHTING DISTRICT NO.1 DELCARING THE CITY'S INTENTION TO ORDER THE FORMATION OF THE DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS, DETERMII~TING THAT THESE PROCEEDINGS SHALL BE TAKEN PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND THE RIGHT TO VOTE ON TAXES ACT, AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERTO. 25. Resolution initiatin~proceedin sg and a~provin~ the en~ineer's Report for the annexation of certain territory known as Tract 30670 into the City of Lake Elsinore Landscape and Street Li~hting District No. 1, as LLMD Annexation No. l. (F:22.2) Administrative Services Director Pressey indicated the development would be annexing into the new LLNID that would be formed at the next public hearing regarding the Bream property and future development would follow. He further indicated in this development there were 16 street lights and approximately 5,850 square feet of landscaped area estimated to be approximately $1,872, plus the lighting portion, plus a reserve; the total estimated cost of the landscape area and lighting was $7,877 as indicated in the Engineer's Report on page 13 of 23, which Page Forty-Three - City Council Minutes - August 26, 2003 equated to a maximum assessment per year of $154.45. The development was located along Machado just east of Grand and there would be a median along the entrance way of the development and two entry ways with some landscaping. Mayor Brinley opened the public hearing at 9:05 p.m. Councilwoman Kelley had no comment. Councilman Hickman had no comment. Councilman Buckley had no comment. Mayor Pro Tem Schiffner had no comment. Mayor Brinley had no comment. Mayor Brinley closed the public hearing at 9:07 p.m. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2003-42. RESOLUTION NO. 2003-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, INITIATING PROCEEDINGS AND APPROVING THE ENGINEER'S REPORT FOR THE ANNEXATION OF CERTAIN TERRITORY KNOWN AS TRACT 30670 INTO THE CITY OF LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO.1, AS ANNEXATION Page Forty-Four - City Council Minutes - August 26, 2003 NO.1 TO THE LAKE ELSINORE LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO. 1, DECLARING THE CITY'S INTENTION TO ORDER THE ANNEXATION AND TO LEVY AND COLLECT ASSESSMENTS, DETERMINING THAT THESE PROCEEDINGS SHALL BE TAKEN PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OFFERING A T1ME AND PLACE FOR HEARING OBJECTIONS THERETO. 26. Resolution of intention to Annex propert~into Community Facilities District No. 2003-01 and to authorize the lew of a special tax within annexation Area No. 1 and Annexation Area No. 2. (F:223) City Manager Watenpaugh announced that the Fire medics were in the academy and would be graduating soon. Administrative Services Director Pressey indicated the CFD 2003-01 was formed on August 12, 2003. The first annexation into the District was Bream Development and Elsinore Homes Developments. He further indicated that it would be $300 per single family dwelling unit and $150 per multi-family unit. He noted there was no multi-family in these developments. Bream had appro~cimately 133 units in their boundary, which totaled an estimation of $39,900 annually, Elsinore Homes had 50 units which would generate approximately $15,000. He reiterated the CFD was to help pay for a portion of public safety (police, fire, and paramedics). Mayor Brinley opened the Public Hearing at 9:20 p.m. No comments from the public. Mayor Pro Tem Schiffner commented that this was something that was Page Forty-Five - City Council Minutes - August 26, 2003 in the works for a long period of time. He indicated that some citizens may be unhappy with the assessment, but after reviewing the full assessment it would probably pay for half a policeman. He further indicated he was in favar of the CFD. Councilman Hickman indicated that this would supplement the City's General Fund by $300 a unit which would help elevate some of the pressure and it was a necessity. Councilwoman Kelley indicated she was in favor of the CFD. Councilman Buckley had no comment. Mayar Brinley indicated there were new members moving into the community and they needed to help the community provide for the public safety services. Mayor Brinley closed the Public Hearing at 9:23 p.m. MOVED BY SCHIFFNER SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION 2003-43 AND ADOPT RESOLUTION 2003-44: RESOLUTION NO. 2003-43 A RESOLUTION OF THE CITY COUNCIL OF THE CTTY OF LAKE ELSINORE, TO ANNEX PROPERTY INTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 1. Page Forty-Six- City Council Minutes - August 26, 2003 RESOLUTION NO. 2003-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, TO ANNEX PROPERTY INTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 2. City Attorney Leibold noted that the Public Hearing date would be October 14, 2003 and the action included the adoption of both resolutions of intention for Annexation Area 1& Annexation Area 2. BUSINESS ITEMS 31. Second Readin~ of Ordinance No. 1102 - re: CFD 2003-1 (Law Enforcement, Fire & Paramedic Services, . (F:22.3~ MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT ORDINANCE N0.1102 - ADMINISTRATIVE CITATION PROCEDURES UPON SECOND READING BY TITLE ONLY: City Attorney Leibold indicated there was an earlier Ordinance on the Agenda that was numbered Ordinance No. 1102 so there was question with respect to the numbering of those ordinances between herself and Deputy City Clerk Ray. They believed the proper ordinance number far Item No. 31 was 1103. She noted the Clerk would read the Title of the Ordinance and herself and the Deputy City Clerk would confirm the numbering subsequently. She indicated it was a clerical issue. ORDINANCE NO. 1102 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, Page Forty-Seven - City Council Minutes - August 26, 2003 CALIF012NIA 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 32. Second Readin~; of Ordinance No. 1103 - re: Election Code Revisions. (F:72.1) MOVED BY SCffiFFNER, SECONDED BY KELLEY TO ADOPT ORDINANCE N0.1103. ORDINANCE N0.1103 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, Page Forty-Eight - City Council Minutes - August 26, 2003 BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 33. Second Reading of Ordinance No. 1104 - re: Ca1PERS Amendment. (F:68.1)(X:116.3) MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ADOPT ORDINANCE N0.1103. ORDINANCE NO.1105 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFOItNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. UPON THE FOLLOWING ROLL CALL VOTE. AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 34. Tentative Condominium Plan and Design Review far Industrial Project No. I 2003-03 for "Blue Lake II Condominium Business Park". (F:86.2) Page Forty-Nine - City Council Minutes - August 26, 2003 City Manager Watenpaugh presented an overview of the item. Community Development Director Brady explained that it was the Design Review and consideration of the Condominium Plan for an Industrial Project located on Corydon Road; it would be adjacent to the existing industrial project at Corydon and Cereal and was being constructed by the same developer. He indicated the developer was proposing the development of over 100,000 sqft. of industrial space within 6 precast tilt-up concrete building. Three of the buildings would be two stories in height and the remaining portions would be single story; it would be a condominium type of development where the units within the industrial complex would be sold to the tenants. He further indicated the plan required 234 parking spaces, over 67,000 sqft. of the site would be landscaped. He noted the Planning Commission did hold a review of the item during their August 5, 2003 meeting and had recommended approval of the Design Review and Condominium Plan to the City CounciL Councilwoman Kelley commented that the item was discussed at the Study Session earlier today, and stated that she had no problem with the project and she was in favor. Mayor Pro Tem Schiffner commented that it would be a great improvement for the City. Councilman Hickman commented that he was for the project and it would bring jobs to the City. Councilman Buckley asked if the project completed Blue Lake or if there was more to be developed. Mr. Brady stated the developer had another parcel along Corydon Road. He noted that the applicant was present. Page Fifty - City Council Minutes - August 26, 2003 Councilman Buckley commented that it was a good sign for the City. Mayar Brinley commented that it was a unique format for Lake Elsinore. She indicated it supplied jobs to the area. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE TENTATIVE CONDOMINIiJM PLAN AND DESIGN REVIEW I 2003-03 BASED ON FINDINGS, EXHIBITS A THRU M AND SUBJECT TO CONDITIONS OF APPROVAL. FINDINGS - CONDOMINIUM SUBDIVISION 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). 2. The effects this project is likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. 3. Subject to the attached conditions of approval, the proposed project is not anticipated to result in any significant environmental impact. FINDINGS - DESIGN REVIEW 1. The project, as approved, will comply with the goals and objectives of the intended General Plan and the Zoning District in which the project will be located. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. Page Fifty-One - City Council Minutes - August 26, 2003 3. 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 of the property in accardance with the objectives of this Chapter and the planning district in which the site is located. CONDITIONS OF APPROVAL FOR CONDOMINIUM PLAN l. The Tentative Condominium Plan will expire two (2) years from date of approval unless within that period of time the CC&R's and an appropriate instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accardance with the Subdivision Map Act. 2. The Tentative Condominium Plan 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 Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Tentative Condominium Plan, which action is bought within the time period provided for in California Government Code Sections 65009 and/ar 6649937, and Public Resources Code Section 2ll67. 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, ar hold harmless the City. Page Fifty-Two - City Council Minutes - August 26, 2003 4. Prior to final certificate of occupancy of Tentative Condominium Plan, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, ar agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 5. Prior to issuance of a grading permit, the applicant shall prepare and record CC&R's against the condominium complex. The CC&R's shall be reviewed and approved by the Community Development Director or Designee and the City Attorney. The CC&R's shall include methods of maintaining common areas, parking and drive aisle areas, loading and unloading zones, landscaped areas including parkways, and methods for common maintenance of all underground, and above ground utility infrastructure improvements necessary to support the complex. In addition, CC&R's shall established methods to address design improvements. (Added per the Planning Co~nmission on August S, 2003) 6. No lot or unit in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to financially assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and duty to maintain, all said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive Page Fifty-Three - City Council Minutes - August 26, 2003 approval of, the City priar to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 7. Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the covenants, conditions and restrictions for each project. DESIGN REVIEW 8. Design Review approval for Industrial Project No. I 2003-03 will lapse and be void unless building permits are issued within one (1) year of City Council approval. The Community Development Director may grant an extension of time of up to one (1) year per extension, prior to the expiration of the initial Design Review approval. Application for a time extension must be submitted to the City of Lake Elsinore one (1) month prior to the expiration date. 9. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 10. 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. 11. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are Page Fifty-Four - City Council Minutes - August 26, 2003 not visible from neighboring property or public streets. Any material covering the roof equipment shall match the primary wall color. 12. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building. 13. All building signage shall comply with the Sign Program (E~ibit L) submitted as a part of this application. 14. All loading zones shall be clearly marked with yellow striping. 15. Applicant shall meet ADA (Americans with Disabilities Act) requirements. 16. Trash enclosures shall be constructed per City standards as approved by the Community Developmetrt Director or Designee. 17. No exterior roof ladders shall be permitted. 18. Applicant shall use roofing materials with Class "A" fire rating. 19. All exterior downspouts shall be concealed or architecturally screened and painted to match the exterior color of the building. 20. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a cash bond processed through the Planning Division. 21. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. Page Fifty-Five - City Council Minutes - August 26, 2003 22. On-site surface drainage shall not cross sidewalks. 23. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 24. The applicant shall be required to submit for Planning Commission consideration a sign program prior to issuance building permits. 25. All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. PRIOR TO BUILDING/GRADING PERMITS 26. Prior to issuance of any grading permit ar building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed ariginal to the Planning Division for inclusion in the case records. 27. 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 Directar or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%) City fee. a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of forty feet (40) apart and at least twenty-four-inch (24") box in size. Page Fifty-Six - City Council Minutes - August 26, 2003 c) All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. d) Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. ~ Any transformexs and mechanical ox electrical equipment shall be indicated on landscape plan and screened as past of the landscaping plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 100% for material and labar far two years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance by the Landscape Consultant and Community Development Directar or Designee. i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. Page Fifty-Seven - City Council Minutes - August 26, 2003 j) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. 28. 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. 29. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 30. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 31. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. ENGINEERING 32. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 33. Dedicate an approximate 20 ft. wide strip of additional street right- of-way along the frontage of Corydon St. to the City prior to issuance of building permit. 34. Public right-of-way dedications shall be prepared by the applicant or his agent. Deeds shall be submitted to the Engineering Division far review and approval prior to issuance of building permit. Page Fifty-Eight - City Council Minutes - August 26, 2003 35. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Res. 85-26). The traffic mitigation fee is $71,013 and there is no drainage fee. 36. Submit a"Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to applying for a building permit. 37. Construct all public works improvements per approved street plans (LEMC Title 12). Plans must be approved and signed by the City Engineer prior to issuance of building permit (LEMC 16.34). 38. 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). 39. The applicant shall furnish a signing and striping plan for Corydon St., subject to the approval of the City Engineer. The applicant will be required to provide a striped left turn pocket at one of the driveways 40. One of the driveways on Corydon St. will be required to be right turn in and right turn out only. 41. Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off-site public works improvements (LEMC12.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 42. The driveways aisle should be designed so that at least 40 ft. is available between the street curb and the first parking stall in order Page Fifty-Nine - City Council Minutes - August 26, 2003 to provide adequate on-site storage for entering vehicles. Drive aisle widths and turning radii must be approved by Riverside County Fire Dept. prior to final map approval or building permit whichever occurs first. 43.A11 compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" mylar) shall be submitted to the Engineering Division before final inspection of off-site improvements will be scheduled and approved. 44.The applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to grading permit issuance. 45.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. 46.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. 47.Provide fire protection facilities as required in writing by Riverside County Fire. _ 48.Provide street lighting, show lighting improvements on street improvement plans, as required by the City Engineer. Page Sixty - City Council Minutes - August 26, 2003 nn ~rw„ r.,,....~ ,.c~.,..:~,.,,,... ~i.,.,.ta ~., ,.,.,,...,,.,.a 4,. ~..~„i.t;..~. ;~,~.o<. ~,... „ :..a:,.«:,.~ : ,,.i.,:~,. ,w:,. .. o,.~ n .. ...~,;* ... . wo .. ro,a ~ ,. ,.c.~.:,. .,:,o :.. ~.o,,..<, „ o,o.,,,,:,.., ,.~ , ~~c F o,. (Deleted per the Planning Commission on August S, 2003). SO.On-site drainage draining onto property to the northeast of the site must be accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. The drainage is being concentrated and erosion must be mitigated. S 1.A11 natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 52.Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roofs should drain to a landscaped area whenever feasible. 53.Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 54.Meet all requirements of LEMC 15.68 regarding floodplain management. Approximately 25 % of this site is in FEMA flood Zone AE and the buildings finish floor elevation must be at or above an elevation of 1267 feet. No fill can be imported into the flood plain. SS.The applicant to provide FEMA elevation certificates prior to certificate of occupancies 56.Site development is in the back basin and will require special grading and flood proofing requirements (LEMC, Title 15). 57.Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to issuance of building permits. Developer shall Page Sixty-One - City Council Minutes - August 26, 2003 mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. 58.A11 drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 59.The applicant shall record a CC&R that provides for irrevocable reciprocal parking, circulation, ingress and egress, loading and landscaping maintenance easements in favor of all lots. It shall also enforce standards of building maintenance and participation in landscape maintenance. The CC&R shall be approved by the Community Development Director and shall be recorded with the final map. 60.Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BNII''s that will be implemented for the development and including maintenance responsibilities. 61.Education guidelines and Best Management Practices (BMI') shall be provided to building occupants of the development in the use of herbicides, pesticides, fertilizers and outdoor storage and vehicle maintenance as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 62.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 Page Sixty-'I~vo - City Council Minutes - August 26, 2003 and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. RIVERSIDE COUNTYFIRE DEPARTMENT 63.The applicant shall comply with all the conditions of approval referenced in the attached Conditions of Approval dated July 8, 2003 (I 2003-03/LE-03-PP-03 ). COMMUNITYSERVICES DEPARTMENT 64.The applicant shall pay all park fees at $.10 per square foot. ~c n„ ,..,.~ ..:.... . ....... ~t,.,,, wo w,,.,.v . ...,,.. .,,o,a .,:rt~ n„r; ~ .,~~~; ~o. (Deleted per Planning Commission on August S, 2003). 66.The applicant shall comply with all City recycling construction and debris ordinances. 67.The applicant shall comply with all regulations pertaining to the National Pollution Discharge Elimination System (NPDES). CONDITIONS OF APPROVAL - VARIANCE 1. The decision of the Commission shall be final ten (10) days from the date of the decision unless an appeal has been filed with the City Council pursuant to the provisions of Chapter 17.80. 2. The Variance shall lapse and shall become void one (1) year following the date on which the Variance became effective, unless prior expiration of one (1) year, a building permit related to the Variance is issued and construction commenced and diligently pursued toward completion. Page Sixty-Three - City Council Minutes - August 26, 2003 3. Any alteration or expansion of a project for which a Variance was approved shall comply with all current Code provisions and regulations. An application for modification or other change in the conditions of approval of a Variance shall be reviewed according to the provisions of Chapter 17.76 of the LEMC in similar manner as a new application. 4. The Variance approved herein upon violation of any applicable provisions of Chapter 17.76 of the LEMC shall be suspended pursuant to Section 17.76.110 of the same. 5. The Variance approved herein and granted pursuant to the provisions of Chapter 17.76 of the LEMC shall run with the land and shall continue to be valid upon change of ownership of the site ar structure which was the subject of the Variance application. 35. Approval of amending Map Pepner Grove Tract. (F:160.2) City Manager Watenpaugh presented an overview of the item. Community Development Director Brady indicated that the map was subdivided in 1926 and the standards at that time were significantly different and the City's circulation element was not adopted at that time. The major issue was that Sixth Street was a 100 ft. right away and Staff had asked as a revision of the map was to dedicate that portion. He further indicated that it would reduce the number of lots from 46 to 29. The developer as part of their original amendment was considering amending the map itself; to get larger lot sizes. He indicated that this would be the opportunity to get the right-of-way necessary for the circulation element and the applicant had agreed, which was brought forward on the amended map. John Newcomb, 3103 Villa Way, Newport Beach, indicated that he was Page Sixty-Four - City Council Minutes - August 26, 2003 the property owner and was available to answer any questions from the Council. Mayor Pro Tem Schiffner commented that he was satisfied with the amendment Councilman Hickman requested clarification that Council was amending a 1926 map from 46 to 291ots. Mr. Brady confirmed. Councilman Hickman indicated he supported the amending of the map. Councilwoman Kelley indicated that the item was discussed several times before this agenda review; and indicated she had no problem with the amending of the map. Councilman Buckley asked what type of product the developer was considering. Mr. Newcomb indicated it was a single family sub- division. He noted that the product was stick built not modular. Mayor Brinley had no comments. MOVED BY KELLEY, SECONDED BY ffiCKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE AMENDING MAP FOR THE PEPPER GROVE TRACT. 36. Dumpin~ Trash & Debris. (F:163.1) City Manager Watenpaugh gave an overview of the item. He indicated that staff was asked by Council to look into developing an ordinance and a policy regarding rewards to individuals that could provide information that led to the arrest and conviction of people that dumped illegally, either on public or private property within the City. Staff was looking for some direction from Council, AND if so desired, staff would meet with the City Attorney and Code Enforcement and draft an ordinance and a policy for Council to review. Page Sixty-Five - City Council Minutes - August 26, 2003 Councilman Hickman indicated that there were abandoned cars in the City and people were bring items into the City and dumping. He noted that Colton and Riverside had ordinances to impound vehicles and he would like to include that in the ordinance and policy for Lake Elsinore. Councilman Buckley commented that he supported the idea of rewarding individual for reporting graffiti and illegal dumping that led to the arrest and a conviction. He stated he would prefer that the fines paid the rewards. City Attorney Leibold indicated the City of Riverside adopted in June of 2003, an ardinance that provided for not only the impoundment, but rather the seizure and forfeiture of what they call nuisance vehicles. Nuisance vehicles are defined as followed: vehicles involved in the illegal dumping and violation of a code provision of the Riverside Municipal Code as well as vehicles used in connection with the sale of controlled substances. She indicated the use of vehicles in the connection within a area that was in the City (Municipal Authority) appear to be able to be declared nuisance vehicles and the cars could be seized and forfeited so long as there was an underlying arrest. She noted that the current LEMC provided that it was illegal to dump trash on public property and it was illegal to allow an accumulation of rubbish and litter on private property and it was illegal to abandon vehicles or to have nonworking vehicles on private property and all were enfarceable through the City's general penalties for violation of the LEMC provision. Mayor Pro Tem Schiffner asked if it was possible to include graffiti in the ordinance. City Attorney Leibold responded that it would be researched and she felt it would fit into the parameters. Page Sixty-Six - City Council Miuutes - August 26, 2003 Councilwoman Kelley commented it was a great idea and directed staff to move forward. Mayor Brinley concurred with Councilwoman Kelley. MOVED BY KELLEY, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE, WITH THE ADDITION OF GRAFFITI, TO DIRECT THE CITY ATTORNEY TO DEVELOP AN ORDINANCE THAT SUPPORTED THE PROGRAM FOR DUMPING OF TRASH & DEBRIS. 37. Council Meetin~s-November 11, 2003 and December 23, 2003. (F:44.1)(X:134.1) City Manager Watenpaugh gave an overview of the item. He indicated that November 11, 2003, was a holiday as well as a Council Meeting and Staff needed direction to reschedule, cancel or leave open until such future time; and December 23, 2003 being in the Christmas week, might also be ap~ropriate for consideration. Mayor Brinley indicated that Mayor Pro Tem Schiffner had suggested at agenda review to cancel the meetings for those dates, and if there was anything that needed to be taken care of urgently, the Council could convene under a Special Council Meeting to address the issue. Councilman Buckley indicated that he was opposed to having two Council Meetings in the course of eleven weeks. He suggested having the November 25, 2003, Council Meeting on November 18, 2003 and having Council Meetings on December 2, 2003 and December 16, 2003. Assistant Manager Best commented November 18, 2003 was scheduled for the Planning Commission Meeting. Page Sixty-Seven - City Council Minutes - August 26, 2003 Councilwoman Kelley noted that it was suggested earlier to move the November 11, 2003, meeting to a different date and cancel the December 23, 2003, meeting. MOVED BY BRINLEY, SECOND BY KELLEY AND CARRIED BY A VOTE OF 4 TO 1 WITH BUCKLEY CASTING THE DISSENTING VOTE TO CANCEL THE NOVEMBER 11, 2003 AND DECEMBER 23, 2003, MEETINGS AND CALL SPECIAL COUNCIL MEETINGS, IF NEEDED. 38. Donation to L.E.M.S.A.R. (F:92.1)(X30.1) City Manager Watenpaugh gave an overview of the item. He noted that the item was not a donation but was listed as such. He indicated the intent was to provide some financial support to the L.E.M.S.A.R. He further indicated they support the Lake Patrol and other services for the Lake. Lake & Aquatic Resources Director Kilroy gave some background on L.E.M.S.A.R., he indicated they were a nonprofit group that supported the Sheriff's Lake Patrol in providing a safe boating environment on the Lake. He further indicated they responded to boating accidents on the Lake. He commented not only did they volunteer their time, the members also funded out-of-pocket expenses for the required standardized equipment, fuel, and replacement items. An annual subsidy was being requested to partially offset some of the cost. The item was not budgeted and any funds would come from the City's Unreserved General Fund. Staff recommended a biannual subsidy of $2,500 to support the volunteer activity of the organization and reconsider approval every 6 months. City Manager Watenpaugh commented that it was his understanding that L.E.M.S.A.R. spent an estimated $10,000 out of pocket each year. Page Sixty-Eight - City Council Minutes - August 26, 2003 Councilman Buckley commented it was an excellent idea. Mayor Pro Tem Schiffner commented they did much more to qualify for that type of assistance. Councilwoman Kelley commented she concurred with Mr. Schiffner. Councilman Hickman asked if the Sheriff's Department contributed any money to the organization. Lake & Aquatic Resources Directar Kilroy commented the Sheriff's Department provided the Workman Compensation Insurance for the group. Councilman Hickman commented he was for the subsidy and it was a necessity on the Lake. Mayor Brinley commented she had no issue with the item. MOVED BY BUCKLEY SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE DONATION TO L.E.M.S.A.R. 39. The Regulation of Automobile Tent Sales. (F:151.1) Mayor Brinley commented that the item was discussed at the agenda review and Council had decided to table the item to allow the City Attorney and the City Manager to meet with the Ford Agency and Chevrolet Agency to come up with a resolution to benefit all parties involved. City Manager Watenpaugh acknowledge Mr. Vinnie Sanchez and indicated Mr. Sanchez was not at the agenda review. Page Sixty-Nine - City Council Minutes - August 26, 2003 Mr. Vincent Sanchez, VSPI Inc., 119 W. Sulphur Street indicated there was a comment made at the July 22, 2003, Council Meeting, "We need to protect our bigger businesses". He asked if that meant we do not need to protect our smaller businesses. He indicated the Council could vote different ways: 1. Vote to allow tent sales from in town and out-of-town dealerships. 2. Vote to have no outside sales. He indicated there was nothing complicated about the American way and the right to free enterprise. He commented that every car dealer across the country including himself advertised out of their market area to bring customers into their market to purchase automobiles. He also commented that the issue had been ongoing for over a month and he was losing revenue. He asked Council to grant VSPI permission to do offsite sales in Lake Elsinore and do the same type of event Lake Elsinore Ford had done last weekend. Mayor Brinley responded to Mr. Sanchez in stating that at the agenda review the Council had concerns for both parties. She further commented that Council was trying to work out a plan that was equal to both parties. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE TABLING THE REGULATION OF AUTOMOBILE TENT SALES. Public Comments - Non-Aeendized Items - 3 minutes LT Col Paula Graver, 218 Ellis Street read a patriotic poem. She indicated the Parker Family had requested in lieu of flowers to have donations to the memorial fund for Dan's younger siblings at Bank of America acct#246 1 6073 1 3. She noted the Support the Troops Rally Page Seventy - City Council Minutes - August 26, 2003 was still being held in front of Burger King the hours were 10 a.m. to 2 p.m., every Saturday. Tim Fleming, 17970 Lakeshore Drive, indicated there was an article in the Press Enterprise dated August 23, 2003, it was a last of a series of articles regarding Southwest Riverside County Lakes. The article was called Ramp Life it recited a few lines from the article which were negative comments about the Lake. He noted NIr. John Outhouse, owners of the Outhouse Campground, on Riverside Drive was hosting a 3 day celebration for voters and residents of Lake Elsinore with food and refreshments and free boat rides around the Lake. Edith Stafford was not present to speak. Ron LaPere, 16867 Wells Street, asked Council to remember the discussion at the last Council Meeting regarding a Study Session for transportation to and from McVicker Park for the children that did not have access to the park from downtown. City Manager Watenpaugh commented that the City's Joint Powers Insurance Authority was not happy about the City considering transportation, they'd rather the City contracted out. He indicated staff would bring back a report to Council. City Manager Watenpaugh commented on the presentation to the Parker Family, he felt they would appreciate the plaque. He also commented he appreciated Mr. Alongi's comments. He indicated he respected the fact that Mr. Rasmussen withheld his comments out of respect for the Parker Family. He indicated a staff inember received a nice thank you letter for assistance they had provided and, he read the letter. City Attorney Leibold had no comments. Page Seventy-One - City Council Minutes - August 26, 2003 Councilman Buckley offered his condolences to the Parkers and his thanks for them raising a great kid. He felt it was very important that the City had space open as Corona had their space open to make the case for the road coming to Lake Elsinore as strong as possible. Councilman Hickman offered his condolences to the Parker Family. He indicated Daniel Parker did more in his short precious life time than some people that were 70 and 80 years old. He offered kudos to the City employees for putting a sign up on Ponte Loren which made the streets much safer for the kids. He noted the City was hiring more maintenance workers and hoped they lived in the City. He indicated Code Enforcement actually caught someone dumping trash on Minthorn. He addressed the senior citizens that were 62 and older and less than $37,500 on income they were entitled to a property tax rebate and ruled that renters were also entitled to a rebate. Mayor Pro Tem Schiffner commented to Mr. Sanchez that it was the Council's concern that they addressed this issue in a fair and legitimate manner. Councilwoman Kelley offered her condolences to the Parker Family and invited everyone to McVicker Park this coming Saturday to enjoy "Music With A View". Mayor Brinley mentioned the location and time for the Support Our Troops Rally. She reiterated the memorial fund account for the younger siblings of Daniel Parker was at Bank of America. She offered her personal prayers and condolences to the family. ADJOIJRNMENT MOVED BY KELLEY, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 10:15 P.M. Page Seventy-Two - City Council Minutes - August 26, 2003 PAMELA BRINLEY, MAYOR CITY OF LAKE ELSINORE Respectfully submitted, City Clerk A TEST: \ ~ VICKI KAS D, CITY CLERK/ HUMAN RESOURCES DII2ECTOR CITY OF LAKE ELSINORE