HomeMy WebLinkAboutCity Council Agenda Packet 02-13-19901.
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Lake Elsinore
City Council
Agenda
545 CHANEY STREET : LAKE ELSINORE SCHOOL DISTRICT BOARD ROOM
TUESDAY, FEBRUARY -13, 1990 - 7:00 P.M.
POLICY OF THE CITY COUNCIL: "Only those items filed with the City Clerk's Office by
oon, ues ay, pr7or to ne following Tuesday meeting, not requiring departmental
investigation will be considered by the City Council at said meeting".
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
PUBLIC COMMENTS
Note: Any person wishing to address City Council
on any matter not on the Agenda, must complete a
request form available at the speakers podium and
submit it to the City Clerk prior to commencement
of the meeting. (Comments limited to 3 minutes).
PRESENTATIONS/CEREMONIALS
A. Proclamation - Margarite Somers.
CONSENT CALENDAR
Minutes
a. January 23, 1990 - Regular City Council Meeting.
b. January 17, 1990 - Planning Commission Meeting.
Building Activity Report - January, 1990.
Code Enforcement Activity Report - January, 1990.
Structure Abatement Activity Report -. January, 1990.
Warrant List - January 31, 1990.
Proclamation - Meet Your Judges Week - March 4-10,
1990.
Property Acquisition - Lakeshore Drive. Resolution
No. 90-4.
Northwest Sewer Project - Equipment Bids - Acquisi-
tion of Lift Station Equipment - Resolution No. 90-8.
Acquisition of Copy Equipment - Lease Purchase Plan.
Bond Anticipation Notes - Resolution No. 90-5.
Appointment of Bond Underwriter and Bond Counsel -
Resolution No. 90-6.
Approve.
Rec. & File.
Rec. & File.
Rec. & File.
Rec. & File.
Ratify.
Approve.
Adopt Res.
No. 90-4.
Adopt Res.
No. 90-8.
Authorize.
Adopt Res.
No. 90-5.
Adopt Res.
No. 90-6.
PAGE TWO - CITY ItOUNCIL AGENDA - FEBRUARY 13, 1990
12. Notice of Completion for the 1990 Slurry Seal
Project.
13. Acceptance of Quitclaim Deeds for Water Rights -
various locations.
14. Set Public Hearings for February 27, 1990 for
the following:
a. Tentative Tract Map 23988 - Ortega Partners.
A subdivision consisting of 259 lots.. The
project -consists of approximately 72.5 acres
of land. The property is located northwest-
erly of Machado Street at the terminus of
Lincoln.
b. Tentative Tract Map 24618 - George Wimpev/
Morrison Homes.
A request to subdivide 10.24 acres into
38 lots averaging 7,260 square feet. The
site is zoned R-1 (Single -Family Residential
District. The property is located approxi-
mately 850 feet south of Grand Avenue, east
of Grandview Avenue and west of Ortega Hwy,
Tentative Tract Man 25442 - Doug Reuvers &
Sharon Gibson.
A request to subdivide 3.20 gross acres into
4lots ranging in size. from .58 net acres to
.99 net acres located in the R-2 District
(Medium Density Residential District). The
property is located west of Robertson Street
and north of Shrier Drive.
PUBLIC HEARINGS
Accept
Notice.
Accept
Deeds.
Approve
Hearing
Date.
Approve
Hearing
Date.
Approve
Hearing
Date.
31.
Tentative Tract Map 24634 -,Centex Homes.
Reaffirm--
E.I.R. 88-=2
A request to subdivide 206.33 acres into 603
Approve
single-family residential lots. The project
Tent. Tract
is generally located south of the extension
Map 24624,
of Mountain Avenue and west of the terminus
Subj. to
of Broadway Avenue.
Fndgs & Cond.
32.
Recovery of Expenditures for the demolition of
Confirm cost
107 North Scrivener.
of abatement
& auth. lien.
33.
Acquisition of Property_ for Storm Drain
Adopt Res.
Improvements, Tract 19344. Resolution
No. 90-7.
No. 90-7.
34.
An Ordinance of the City of Lake Elsinore adopting
Adopt Ord.
by reference the followincs codes with certain
No. 882.
Amendments, Deletions and Additions thereto:
Uniform Building Code 1988 Edition
Uniform Mechanical Code 1988 Edition
Uniform Housing Code 1988 Edition
Uniform Plumbing Code 1988 Edition.
Uniform Code for the Abatement of Dangerous
Buildings 1988 Edition
Uniform Fire Code 1988 Edition
Uniform Swimming Pool, Spa and Hot Tub Code 1988
Edition
National Electrical Code 1987 Edition
35.
51.
52.
53.
PAGE THREE - CITY COUNCIL MINUTES - FEBRUARY 13, 1990
Community Facilities District 88-3 - West End
Assessment District.
BUSINESS/DISCUSSION ITEMS
Commercial Protect 89-8 = Krouse Builders.
A request for a 7,250 square foot commercial
building on .344 gross acres, located at the
northeast corner of Scrivener and Graham
Avenue."
Lndustrial Project 89-8 = Paul Carrera.
k request to construct an 18,255 square foot
industrial building on a one acre lot, located
approximately 135 feet south of Minthorn Street,
?ast of Third Street.
Stephens' Kangaroo Rat Interim Habitat
:onservation Plan and Supporting Documentation.
MANAGER COMMENTS
COUNCIL COMMENTS
SESSION
Continue
to 3/13.
Adopt Neg.
Dec. 89-53;
Approve Comm.
Proj. 89-8,
Subj. to
Fndgs. &
Cond.
Adopt Neg.
Dec. 89-38;
Approve Ind.
Proj. 89-8,
Subj. to
Fndgs. &
Cond.
Approve
Staff
Recomm.
WHEREAS, there are certain members of the
community and surrounding areas who contribute their
time, effort and commitment to better the well being
of the area in which they live; and
WHEREAS, Mrs. Marguerite Somers is one of
those members who has given of her time, energy,
money and interest for many years; and
WHEREAS, Mrs. Somers was a resident of
the City of Lake Elsinore from 1965 to 1971, and is
now residing in Sun City and has dedicated herself
to inspire children to succeed scholastically by
making greeting cards and donating the proceeds made
from the sale to be applied to scholarships in the
form of savings bonds for elementary students who
have shown improvement in their school work.
NOW, THEREFORE, the Mayor and City
Council of the City of Lake Elsinore, on this 13th
day of February, 1990, does hereby honor and commend
Mrs. Marguerite Somers for her dedication,
involvement and service in her efforts to aid
interest and involvement in education of the youth
of today. -
JIM WINKLER, MAYOR
CITY OF LAKE ELSINORE
AGENDA ITEM NO. -
PAGE ...OF�_.
MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
545 CHANEY STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, JANUARY 23, 1990
******************************************************************
CALL TO ORDER
The Regular City Council meeting was called to order by Mayor
T.T : _ h .. =t
7:
C
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilman Washburn.
ROLL CALL
PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN,
WINKLER
ABSENT: COUNCILMEMBERS: NONE
Also present were: City Manager Molendyk, Assistant City Manager
Rogers, City Attorney Harper, Administrative Services Director
Wood, Community Development Director Gunderman, Community Services
Director Watenpaugh, Public Services Director Kirchner and City
Clerk Kasad.
PUBLIC COMMENTS
1. Pam Brinley, representing "Blast from the Past" and Realty
World, thanked the City Council for their support of this
event and commented on the success of this year's efforts,
raising $4334.00 for United Cerebral Palsey. She also
presented each Councilmember with a T -Shirt commemorating the
e -rent .
2. Scott Hall, 2391 Manzanita, Corona, advised that he has a new
idea for development of power generators in connection with
the new levee. He detailed the concepts of his idea, which
resemble those of Niagara Falls.
3. Tony Schiavone, advised that his comments relate to item #51
on the agenda. The Mayor and Council concurred to allow him
to speak at that time.
4. Diana Kramer, advised that she would like to comment on item
#12. The Mayor and Council concurred to allow her to speak at
that time.
5. Leon Strigotte, advised that his comments relate to item #12.
The Mayor and Council concurred to allow him to speak at that
time.
PRESENTATIONS/CEREMONIALS
None.
CONSENT CALENDAR
The following items were pulled from the Consent Calendar for
further discussion and consideration:
Item Nos. 12 and 13.
Mayor Winkler advised that he would be abstaining from vote on
Item V.
AGENDA {TEM N0 s
PAGE, 0F`
PAGE TWO - CITY COUNCIL MINUTES - JANUARY 23, 1990
MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE
TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED.
1. The following Minutes were approved:
a. January 9, 1990 - Regular City Council Meeting.
The following Minutes were received and filed:
b. January 3, 1990 - Planning Commission Meeting.
6. Rejected and referred to Claims Administrator the Application
to Present Late Claim submitted by George E. Harper (CL#
89-27).
7. Approved Pass Through Agreement with the County of Riverside
for Redevelopment Project Area III and authorized the Mayor
Pro Tem to sign on behalf of the City. (Vote on this item was
4 to 0 with Winkler abstaining).
8. Approved Library Construction Bond, Notice of Intention and
authorized the City Manager to sign the application for
funding.
9. Awarded Contract for Main Street Landscaping Project to Hines
Construction in the amount of $99,495.
10. Approved Request for Waiver of Fees from the Chamber of
Commerce for a'Carnival to be held on January 25-28, 1990.
11. Adopted Resolution No. 89-7 relating to Engineering and
Traffic Survey for Speed Limits. -
RESOLUTION NO. 89-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DESIGNATING THE PRIMA FACIE SPEED LIMIT FOR
CERTAIN STREETS.
14. Approved Initiation of Process for Acquisition of Property for
Construction of Storm Drain Improvements in Tract 19344 and
Adopted Resolution No. 90-3, setting the public hearing for
February 13, 1990.
RESOLUTION NO. 90-3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, SETTING TIME AND PLACE FOR PUBLIC HEARING ON THE
ADOPTION OF A RESOLUTION OF NECESSITY TO ORDER THE ACQUISITION
OF CERTAIN PROPERTY BY EMINENT DOMAIN.
15. Approved Final Tract Map 17413 - 6 & 7 for Tuscany Hills;
Authorized the City Clerk to sign the map and arrange for
recordation and accepted dedication of Underground Water
Rights for recordation with the final map.
AGENDA ITEM NO. �'� *
PAGE OF
fi1a\w Vll�i ii1111UYi Vvaa r.l v� a'iv .iV 1.� i\\:�JVl \.
for December,
1989.
3.
Received and
ordered
filed the Investment Report for December
31, 1989.
4.
Ratified Warrant List
for January 16, 1990.
5.
Rejected and
referred
to Claims Administrator the Application
to Present Late Claim
submitted by Barbara L Alongi (CL#
89-26).
6. Rejected and referred to Claims Administrator the Application
to Present Late Claim submitted by George E. Harper (CL#
89-27).
7. Approved Pass Through Agreement with the County of Riverside
for Redevelopment Project Area III and authorized the Mayor
Pro Tem to sign on behalf of the City. (Vote on this item was
4 to 0 with Winkler abstaining).
8. Approved Library Construction Bond, Notice of Intention and
authorized the City Manager to sign the application for
funding.
9. Awarded Contract for Main Street Landscaping Project to Hines
Construction in the amount of $99,495.
10. Approved Request for Waiver of Fees from the Chamber of
Commerce for a'Carnival to be held on January 25-28, 1990.
11. Adopted Resolution No. 89-7 relating to Engineering and
Traffic Survey for Speed Limits. -
RESOLUTION NO. 89-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DESIGNATING THE PRIMA FACIE SPEED LIMIT FOR
CERTAIN STREETS.
14. Approved Initiation of Process for Acquisition of Property for
Construction of Storm Drain Improvements in Tract 19344 and
Adopted Resolution No. 90-3, setting the public hearing for
February 13, 1990.
RESOLUTION NO. 90-3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, SETTING TIME AND PLACE FOR PUBLIC HEARING ON THE
ADOPTION OF A RESOLUTION OF NECESSITY TO ORDER THE ACQUISITION
OF CERTAIN PROPERTY BY EMINENT DOMAIN.
15. Approved Final Tract Map 17413 - 6 & 7 for Tuscany Hills;
Authorized the City Clerk to sign the map and arrange for
recordation and accepted dedication of Underground Water
Rights for recordation with the final map.
AGENDA ITEM NO. �'� *
PAGE OF
PAGE THREE - CITY COUNCIL MINUTES - JANUARY 23, 1990
16. Approved Final Parcel Map 25347 - East side of Lakeshore
Drive, south of Mountain Avenue; Authorized the City Clerk to
sign the map and arrange for recordation and accept
dedication of Underground Water Rights for recordation with
the final map.
17. Accepted Notice of Completion for the Concrete Curb, Gutter
and Sidewalk Replacement Project from B-1 Enterprises.
18. Accepted Underground Water Rights on Single Family Residence
located at 211 Davis Street from Eddie M. Taketa and Vicky
Tahct-M 111,1..__
19. Accepted Additional Right -of -Way Dedications on Single Family
Residence located at 388 Avenue Three from Tommy D. Gennusa.
20. Accepted Quitclaim Deed for Water Rights on Single Family
Residence located at 388 Avenue Three from Tommy D. Gennusa.
21. Approved Release of Deferred Lien Agreement on property
located at 15195 Lincoln.
22. Approved public hearing date of February 13, 1990 for the
following:
a. Tentative Tract Map 24634 - Centex Homes.
A request to subdivide 206.33 acres into 603 single-family
residential lots. The project is generally located south
of the extension of Mountain Avenue and west of the
terminus of Broadway Avenue.
b. An Ordinance of the City of Lake Elsinore adopting by
reference the following codes with certain Amendments,
Deletions and Additions thereto:
Uniform Building Code 1988 Edition
Uniform Mechanical Code 1988 Edition
Uniform Housing Code 1988 Edition
Uniform Plumbing Code 1988 Edition.
Uniform Code for the Abatement of Dangerous Building 1988
Edition
Uniform Fire Code 1988 Edition _
Uniform Swimming Pool, Spa and Hot Tub Code 1988 Edition
National Electrical Code 1987 Edition
ITEMS PULLED FROM CONSENT CALENDAR
12. Resolution No. 90-2 = Designating the Location of Certain Ston
Intersections.
Leon Strigotte, 216 Chaney, supported this item and requested
Council approval of the proposed stop sign.
Diana Kramer, 1611 W. Heald, stressed the importance of this
stop sign to slow the traffic through the neighborhood.
Councilman Dominguez advised that he had referred this item to
staff and the Public Works Committee for review and requested
that staff pursue placement of the new sign immediately.
Councilman Buck advised the residents only one stop sign in
one direction will be placed pursuant to this action.
Leon Strigotte, commented that one stop sign should be
adequate, but special traffic enforcement is needed in this
area to help slow down the traffic.
City Manager Molendyk advised that special traffic enforcement
has been utilized during the last two weeks in that area and
AGENDA ITEM NO. • t •
PAGE OF�
PAGE FOUR - CITY COUNCIL MINUTES - JANUARY 23, 1990
will continue to help educate the community with regard to
the new stop sign.
MOVED BY DOMINGUEZ, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS
VOTE TO ADOPT RESOLUTION NO. 90-2.
RESOLUTION NO. 90-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DESIGNATING THE LOCATION OF CERTAIN STOP
INTERSECTIONS (CHANEY/SUMNER).
13. Std of Public Safety Services - Proposal from PMW
Associates.
Mayor Winkler explained the scope and purpose of this study.
He also commented on the work of the Public Safety Committee
and invited Tom Thomas, Chairman of that committee to speak.
Tom Thomas advised that on Wednesday, January 24, 1990, at
7:30 p.m. on King Videocable 3, there will be a public input
program relating to Neighborhood Watch.
Councilman Dominguez commented on the time element for
completion of this study and the potential for a related
Ballot Measure in November of this year.
MOVED BY STARKEY, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS
VOTE TO APPROVE THE SCOPE OF WORK AS PRESENTED IN THE ATTACHED
PROPOSAL FROM PMW ASSOCIATES AND AUTHORIZE THE CITY MANAGER TO
EXECUTE IT.
PUBLIC HEARINGS
31. Brighton Homes Develomment A reement.
Community Development Director Gunderman advised that staff
would recommend that this item be tabled.
COUNCIL CONCURRED TO TABLE THIS ITEM.
32. Community Facilities District No. 88-3. Continued from
December 26, 1989.
Community Development Director Gunderman advised that this
item needed an additional continuance.
COUNCIL CONCURRED TO CONTINUE THIS ITEM TO FEBRUARY 13, 1990.
BUSINESS DISCUSSION ITEMS
51. Request for Reconsideration of Street - Abandonment 89-2 -
High Street between Mill and Country Club Boulevard.
Tony Schiavone, 780 Lake Street, advised that he is not sure
of the reason for this request for reconsideration, but he
doesn't feel there is adequate justification.
City Attorney Harper advised that there is no specific appeal
process, but because reconsideration has been requested, the
Council has two options. One is to make a finding that there
is new information that was not originally provided and move
to reopen the public hearing which would require that the
notification process be completed again. The other option is
to let the previous action stand and take no action.
The applicant, George Alongi was not present.
Councilman Washburn advised that he had met with Mr. Alongi
AGENDA ITEM NO.
PAGE OF�
PAGE FIVE - CITY COUNCIL MINUTES - JANUARY 23, 1990
and did not feel there was adequate reason to reopen the
hearing.
Councilman Starkey advised that he does not feel adequate new
information was available to reopen the hearing.
THE COUNCIL TOOK NO ACTION ON THIS ITEM.
BUSINESS ITEMS
52. Ordinance No. 877 - Second Reading.
Relating to Zone Change 89-7 - Rancon Realty Fund IV.
MOVED BY WASHBURN, SECONDED BY STARKEY TO ADOPT ORDINANCE NO. 877:
ORDINANCE NO. 877
AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
REZONING 22.67 ACRES LOCATED AT THE NORTHWEST CORNER OF
CENTRAL AND COLLIER AVENUE, FROM C -P (COMMERCIAL PARK
DISTRICT) AND M-2 (GENERAL MANUFACTURING) TO C-2 (GENERAL
COMMERCIAL)(ZONE CHANGE 89-7 - RANCON REALTY FUND IV).
UPON THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN,
WINKLER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
53. Ordinance No. 879 - Second Reading.
Relating to Tuscany Hills Specific Plan.
MOVED BY WASHBURN, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO.
879:
ORDINANCE NO. 879
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
APPROVING A SPECIFIC PLAN FOR THE TUSCANY HILLS DEVELOPMENT
AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN,
WINKLER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
54. Ordinance No. 880 _ Second Reading.
Relating to Tuscany Hills Development Agreement.
MOVED BY WASHBURN, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO.
880:
ORDINANCE NO. 880
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
AGENDA ITEM NO. •0'
PAGE �. OF ---7_
PAGE SIX - CITY COUNCIL MINUTES - JANUARY 23, 1990
APPROVING AMENDMENTS TO THE 1980 DEVELOPMENT AGREEMENT FOR THE
TUSCANY HILLS DEVELOPMENT AND MAKING CERTAIN FINDINGS WITH
RESPECT THERETO.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN,
WINKLER
NOES: COUNCILMEMBERS: NONE
7L"^.%Tm; /TT}TATT 1fT}fT\T•IT\/'a _ •.-.M1..-.
a7L\J f.,13Yi. �V�.l J\ViiY'iLl"JJiL1\V • J\Vl\J:J
ABSTAIN: COUNCILMEMBERS: NONE
CITY MANAGER COMMENTS
City Manager Molendyk commented on the use of overtime police
officers for the holiday season and extra burglary prevention
downtown and advised that the new full time officers are now in
place.
City Manager Molendyk requested that Council consider appointment
of a Council Committee to review the Ramsgate Specific Plan; and
suggested Councilmembers Buck and Washburn to serve. Council
concurred with appointment of Councilmembers Buck and Washburn.
CITY COUNCIL COMMENTS
Councilman Buck thanked staff for the recent efforts to improve
Main Street's overall appearance.
Councilman Starkey commented on the Chamber of Commerce
installation held last weekend and advised that Arta Valenzuela is
the new president and he will be serving as the City/Chamber
liaison at her request. He also advised that he had a new
granddaughter this date.
Mayor Winkler advised the Community that while efforts are
continuing for a temporary road while construction is done on
Railroad Canyon Road, there is the possibility that no alternate
will be provided. He suggested that residents begin considering
alternate routes and be prepared when construction does begin, _
because it will continue for approximately six months.
THE APPLICANT FOR ITEM #51 OF THIS AGENDA ARRIVED AT THIS POINT
AND REQUESTED AN OPPORTUNITY TO ADDRESS HIS ITEM. COUNCIL GRANTED
HIM THREE MINUTES FOR THIS PURPOSE.
51. Request for Reconsideration of Street - Abandonment 89-2 -
High Street between Mill and Country Club Boulevard -
Continued.
George Alongi, showed maps of the affected area and commented
in the difficulty of turning radii. He commented on the
difficulty of access for emergency vehicles and expressed
concern with the City's ability to obtain appropriate utility
easements with the abandonment of this street.
Councilman Dominguez requested clarification of the Council's
options. City Attorney Harper clarified that Council can
either take no further action, or they can readvertise and
initiate the public hearing process again.
City Manager Molendyk suggested, if the Council wished to
reopen the hearing, it should first be reviewed by the Public
Works Committee.
Councilman Washburn advised that the public hearing had been
held already and he felt the key issues had been addressed.
AGENDA ITEM NO. -IL '1 —
pAGE r OF
PAGE SEVEN - CITY COUNCIL MINUTES - JANUARY 23, 1990
THE COUNCIL TOOK NO FURTHER ACTION ON THIS ITEM; THEREFORE THE
ACTION OF JANUARY 9, 1990 TO APPROVE ABANDONMENT 89-2 WILL STAND.
CLOSED SESSION
None.
AD.- 0 N74FNI
MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS
VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 7:50 P.M.
ATTEST:
VICKI KASAD, CITY CLERK
CITY OF LAKE ELSINORE
JIM WINKLER, MAYOR
CITY OF LAKE ELSINORE
AGENDA ITEM NO.
PAGE i - OF-
MINUTES OF LAKE ELSINORE PLANNING COMMISSION
HELD ON THE 17TH DAY OF JANUARY 1990
THE MEETING WAS CALLED TO ORDER AT 7:01 P.M.
PLEDGE OF ALLEGIANCE was led by Commissioner Wilsey.
ROLL CALL:
PRESENT: Commissioners: Gilenson, Saathoff, Wilsey and Brown
ABSENT: Commissioners: Brinley
Also present were Community Development Director Gunderman,
Planning Manager Thornhill, Associate Planner Restivo, and Senior
Civil Engineer O'Donnell.
MINUTE ACTION
Motion by Commissioner Wilsey to approve Minutes of January 3,
1990, as submitted, second by Commissioner Saathoff.
Approved 4-0
PUBLIC COMMENTS
There being no requests to speak, Chairman Brown closed the PUBLIC
COMMENTS section.
PUBLIC HEARINGS
1. Zone Code Amendment 89-3 - City of Lake Elsinore at the request
of Deleo Clay Tile (Continued from December 6, 1989) -
Associate Planner Restivo presented a request to amend the
Parking Ordinance, Chapter 17.66.030.0 of the Municipal Code,
to allow flexibility and/or "reduce parking requirements for
single manufacturing enterprises. The Zone Code Amendment will
affect parking requirements for manufacturing/industrial uses
City-wide.
Chairman Brown opened the public hearing at 7:05 p.m. asking if
anyone wished to speak in favor of Zone Code Amendment 89-3.
Receiving no response, Chairman Brown asked if anyone wished to
speak in opposition. Receiving no response, Chairman Brown
asked if anyone wished to speak on the matter. Receiving no
response, Chairman Brown closed the public hearing at 7:06 p.m.
Commissioner Gilenson commented on the parking determination
not running with the land. If the use were to change or the
facility sold the new occupant would have to increase the
parking or build out the parking requirements, correct?
Community Development Director Gunderman responded that if the
use is substantially different than what was approved then they
would have to come back to the Commission for another parking
determination. If they can demonstrate that the parking needs
are the same, as they were under the parking waiver, then they
could continue to occupy the building. But there would have to
be a review at the time a business license is taken out or any
other action is taken on the building.
Commissioner Wilsey inquired about the fee range for the
parking determination.
Community Development Director Gunderman stated that it would
probably be the industrial design review type fee with perhaps
a slight additional fee for analysis of the documents involved
to meet the findings.
Commissioner Saathoff stated that he believes this can be
monitored easily if there is a substantial change in the
business or a new business license. Concern would be if the
AGENDA ITEM NO. US-&
PAGE f OF 7
Minutes of Planning Commission
January 17, 1990
Page 2
ZONE CODE AMENDMENT 89-3 CONTINUED
applicant requested fewer parking spaces based on the number of
employees, work hours, etc. The applicant retains the building
and substantially increases his work force or changes hours.
If there is no restriction on the number of employees or the
hours of operation, how would you monitor this?
Community Development Director Gunderman responded that there`
are two ways: 1) During the Design Review process we would
request to the Commission a continuous six month review of the
project to ensure compliance; 2) Periodic inspections through
code enforcement.
Commissioner Saathoff responded that this is feasible but
difficult to implement, and puts a substantial burden on the
City. If this is done then the applicant should initiate, once
ever six months or annually, something to substantiate the fact
that parking spaces required originally are still adequate, and
put the burden on the applicant not the City. This should be
included whether it be in the amendment or on a case-by-case
basis.
Community Development Director Gunderman responded that the
intent was for a case-by-case basis, rather than including it
in the ordinance.
Chairman Brown stated that he had the same concerns. Suggested
that number 2.b. be amended to read: "An initial parking study
and an annual review which supports the findings that the
number of parking spaces actually needed for a development
and/or use is less than that required by the Code."
Commissioner Saathoff stated that there may be certain
situations where there would not be a need for an annual
report. On a case -by case basis, we could require more
frequent reports or less frequent reports.
Commissioner Saathoff commented on number 2.g. with regard to
an applicant requesting reduced parking spaces and increasing
the size of the building.
Chairman Brown stated that he would like this to go back for
further review. The parking issue will have to be
addressed --you may not have to improve the other area which
would otherwise be dedicated for parking, but you have to go
ahead and dedicate enough area on the plot plan to meet the
original code.
Discussion ensued on whether or not the convertible area could
be utilized for storage; parking spaces to be provided so that
they run with the building if the use should change and
additional parking is required; continuing the proposal for
further review.
Motion by Commissioner Saathoff to continue Zone Code Amendment
89-3 to a future meeting, second by Commissioner Wilsey.
Approved 4-0
2. Tentative Tract Map 23988 - Ortega Partners - Chairman Brown
stated that staff has requested that this item be continued to
February 7, 1990, and asked if there were any comments from the
table.
Community Development Director Gunderman gave a brief overview
on the meeting of January 10th between the applicant, property
owners' representative and staff.
ACENDA ITEM NO.
PAGE v2 OF—=
Minutes of Planning Commission
January 17, 1990
Page 3
TENTATIVE TRACT MAP 23988 CONTINUED
At this time, 7:23 p.m., Commissioner Wilsey left the table.
Chairman Brown asked if the proposal was on schedule for the
meeting of the 7th.
Planning Manager Thornhill stated that this depends on whether
or not we can get together with the applicant and the property'
owners' representative again prior to the next meeting. There
is a meeting tentatively scheduled for Monday, January 22,
1990.
Chairman Brown informed the people in the audience present for
this item, that staff has recommended this item be continued to
February 7th with a possibility that it could be continued
again.
Motion by Commissioner Saathoff to continue Tentative Tract Map
23988 to February 7, 1990, second by Commissioner Gilenson.
Approved 3-0 (Commissioner Wilsey absent from the table)
3. Tentative Parcel Map 25157 - Bainbridge Investment, Inc. -
Chairman Brown stated that staff has requested that this item
be continued to February 21, 1990, and asked if there was
anyone in the audience here for this item. Receiving no
response, Chairman Brown called for a motion.
Motion by Commissioner Saathoff to continue Tentative Parcel
Map 25157 to February 21, 1990, second by Commissioner
Gilenson.
Approved 3-0 (Commissioner Wilsey absent from the table)
At this time, 7:26 p.m., Commissioner Wilsey returned to the table.
4. Tentative Tract Map 24624 - Centex Homes - Planning Manager
Thornhill presented a proposal to subdivide 203.4 acres into
589 single-family lots, generally located south of the
extension of Mountain Avenue and west of the terminus of
Broadway Avenue.
Anticipated environmental impacts for this proposal are
addressed by Environmental Impact Report 88-2 which was
certified by the City Council on December 12, 1989.
Planning Manager Thornhill stated that the Engineering
Department has requested that condition number 34 be deleted,
and condition number 30 amended to read, as follows:
Condition No. 30: "I" Street from Grand Avenue to northerly
tract boundary shall have an 80 foot
right-of-way with 64 foot curb -to -curb, a
landscaped median, a 6 foot parkway on the
west side and a 10 foot parkway on the
east side. The east side parkway shall
have a 6 foot sidewalk the entire length
and the west side parkway shall have a 6
foot sidewalk from Grand Avenue to the
first street north of "I -I" Court."
Chairman Brown opened the public hearing at 7:36 p.m. asking if
anyone wished to speak in favor of Tentative Tract Map 24624.
Mr. Mike Aller, Centex Homes, stated that they agree with the
conditions of approval; however, has not had an opportunity to
review the revised condition on the roadway width, and would
like to request that staff work with us regarding reimbursement
for that portion of the design that is over the needs of this
development.
ACE;�DA ITEM NO.
PAGE 15 0F r
Minutes of Planning Commission
January 17, 1990
Page 4
TENTATIVE TRACT MAP 24624
Mr. Aller stated that the exact unit count is 590, and the
density --thinks it is important to include the park site of 26
acres which is to the south of the project. Once you consider
that into our total acreage the density is reduced to 2.6
dwelling units per acre, which is below the adjacent
development.
Mr. Aller commented on condition number 16.e. pertaining to the
preservation of the single coast live oak tree, stating the
problem with the tree is that it is located directly in the
centerline of the flood control channel that the assessment
district is building. We would like this reworded that we will
replace that tree with a 10:1 ratio to be planted in the oak
grove, which is a 2.37 acre parcel, or plant the trees in the
rectangular riparian area.
Chairman Brown asked if anyone else wished to speak in favor of
Tentative Parcel Map 24624. Receiving no response, Chairman
Brown asked if anyone wished to speak in opposition. Receiving
no response, Chairman Brown asked if anyone wished to speak on
the matter.
Mr. William Bishop, 40492 Corta Lucia, Murrieta stated that his
property touches the Centex property line for about 40 feet at
Lot #592. Concerned with the access to his property at the
southeast corner. Requested that the approval of Lots 590 and
591 be delayed until he can have discussions with Centex,
Butterfield Engineering and the Planning Division about this
access.
Chairman Brown asked if there was anyone else wishing to speak
on the matter.
Mr. Robin Johnson, 15018 Vista View, commented on the impacts
on the neighborhood pertaining to traffic and possible loss of
view.
Chairman Brown asked if there was anyone else wishing to speak
on the matter. Receiving no response, Chairman Brown closed
the public hearing at 7:45 p.m.
Commissioner Gilenson commented on the restriction of access
Mr. Bishop referred to. Considerable discussion ensued on this
access.
Commissioner Saathoff commented on the northerly extension of
"I" Street, and the need for stop signs to be placed at some of
the intersections.
Commissioner Wilsey commented as follows:
- condition number 16.e., pertaining to the oak tree, asked
about the tree planting formula used for Cottonwood Hills and
whether or not this formula could be adopted for this
proposal.
- Suggested that the developer get together with the property
owners in the area and alleviate any concerns.
- The multi-purpose trail running through the development,
recommended the following be added as as a condition:
"Project shall coordinate with the City and the Riverside
County Parks Department to construct the portion of the
recreational trail system that runs through the project."
AGENDA ITEM NO.
PAGE = OF
Minutes of Planning Commission
January 17, 1990
Page 5
TRACT MAP 24624
Discussion ensued on the multi-purpose trail system with regard
to dedication of land, width of trail, development of design
standards, and responsibility of maintenance.
Commissioner Saathoff suggested dedication and construction of
a multi-purpose trail with approval subject to the Community,
Development Director or his designee.
Commissioner Wilsey commented on the requirement for multi-
purpose trail system placed on adjacent tracts, and the need to
complete the design criteria for said trail systems.
Discussion ensued on the multi-purpose trail system with regard
to requiring dedication of land only; location of said trail;
trail system to come back before the Commission, and
elimination of the Class "A" Bike Trail for the all purpose
trail.
Chairman Brown commented as follows:
- Condition number 4, change the word "grading" to "building".
- Condition number 7, delete the words "or grading".
- Condition number 16.d., add second sentence: "Slope and
erosion control plans shall be submitted and approved prior
to the issuance of grading permit."
- Condition number 16.e., add: "if possible, if not replace
at a ratio of 10:1 with two year growth trees, 20:1 at one
year and 30:1 if less than one year mature.
- Notification to property owners and when the last mailing
was done.
- Recon -mended addition of condition number 49: "Temporary
access/right-of-way shall be provided to the Bishop parcel,
and permanent access shall be provided and recorded with the
final map."
- Recommended addition of condition number 50: "All attempts
will be made to dedicate area sufficient to coincide with
the County's trail system, at the beginning of the terminus
to match as closely as possible with that trail system. A
final design and required dedication to be directed by the
Community Development Director and if he is unable to do it
then it shall come back to the Commission."
Motion by Commissioner Saathoff to recommend to City Council
approval of Tentative Parcel Map 24624 based on the Findings
and subject to the 48 Conditions of Approval listed in the
Staff Report with the following amendments:
Condition No. 4: "House plotting, architectural drawings,
floor plans, landscaping and fences/walls
shall require Minor Design Review
approval prior to issuance of building
permits. All standards of development
and procedural steps in effect at the
Minor Design Review submittal shall apply
for this project."
Condition No. 7: "Applicant shall submit and receive
approval of landscape and irrigation
plans for model homes (if such are
AGENDA ITEM NO.
PAGE '-"V . OF_! _
Minutes of Planning Commission
January 17, 1990
Page 6
TRACT MAP 24624 CONTINUED
desired), back-up wall areas, street
trees and slope planting in accord with
the City Landscape Guidelines, -prior to
issuance of building permit. At least
one (1) model home to include a Xeriscape
landscaping theme."
Condition No. 16.d: "Native plant material shall be used for
re -landscaping of cut and fill slopes.
Slope and erosion control plans shall be
submitted and approved prior to the
issuance of grading permit."
Condition No. 16.e: "The fresh water willow pond located on
the southern corner of the proposed park
shall be set aside and protected from
intrusion from the local mining
operation. A single coast live oak
overlooking the pond shall also be
preserved if possible, if not replace at
a ratio of 10:1 with two year growth
trees, 20:1 at one year and 30:1 if less
than one year mature.
Condition No. 30: "I" Street from Grand Avenue to northerly
tract boundary shall have an 80 foot
right-of-way with 64 foot curb -to -curb, a
landscaped median, a 6 foot parkway on
the west side and a 10 foot parkway on
the east side. The east side parkway
shall have a 6 foot sidewalk the entire
length and the west side parkway shall
have a 6 foot sidewalk from Grand Avenue
to the first street north of "I -I"
Court."
Condition No. 34: "I" Street from Grand Avenue to "F" Court
shall have 80 foot right-of-way and 64
foot curb -to -curb. DELETE.
Condition No. 49: "Temporary access/right-of-way shall be
provided to the Bishop parcel, and
permanent access shall be provided and
recorded with the final map."
Condition No. 50: "All attempts will be made to dedicate
area sufficient to coincide with the
County's trail system, at the beginning
of the terminus to match as closely as
possible with that trail system. A final
design and required dedication to be
directed by the Community Development
Director and if he is unable to do it
then it shall come back to the
Commission."
Second by Chairman Brown with consideration by the table on
addition of condition number 51, which will read:
Condition No. 51: "City to draft a reimbursement agreement
for the oversizing of "I" Street.
Commissioner Saathoff amended his motion to include the
addition of condition number 51.
Approved 4-0
At this time, 8:30 p.m., the Planning Commission recessed.
At this time, 8:42 p.m., the Planning Commission reconvened.
AGENDA ITEM NO. �•.
PAGE OF�
Minutes of Planning Commission
January 17, 1990
Page 7
5. Vesting Tentative Tract Map 25274 - Pardee Construction -
Planning Manager Thornhill stated that the applicant could not
make the meeting due to weather conditions and requests that
this item be continued.
Motion by Commissioner Saathoff
Tract Map 25274 to February 7,
Approved 4-0
BUSINESS ITEMS
to continue Vesting Tentative
1990, second by Chairman Brown.
IT WAS THE CONSENSUS OF THE COMMISSION THAT BUSINESS ITEMS 8, 7 AND
9 BE MOVED TO THE BEGINNING OF THE BUSINESS ITEMS.
8. Industrial Project 89-8 - Paul Carrara - Associate Planner
Restivo presented a proposal to construct an 18,255 square foot
industrial building on approximately one acre, located 135 feet
south of Minthorn Street, east of Third Street.
Chairman Brown asked if there was anyone present representing
the applicant and if there were any concerns.
Mr. Paul Carrara stated that he was in agreement with staff
recommendation.
A brief discussion was held on condition number 17, pertaining
to roof mounted equipment.
Motion by Commissioner Wilsey to recommend to City Council
adoption of Negative Declaration 89-38 and approval of
Industrial Project 89-8 based on the Findings and subject to
the 45 Conditions of Approval listed in the Staff Report,
second by Commissioner Gilenson.
Approved 4-0
7. Residential Project 89-22 - Pardee Construction - Chairman
Brown stated that there has been a request for continuance on
this proposal, and called for a motion.
Motion by Commissioner Wilsey to continue Residential Project
89-22 to February 7, 1990, second by Commissioner Saathoff.
Approved 4-0
9. Industrial Project 89-11 - Jess Rodriguez - Chairman Brown
stated that there has been a request for continuance on this
proposal, and called for a motion.
Motion by Commissioner Wilsey to continue Industrial Project
89-11 to February 7, 1990, second by Commissioner Saathoff.
Approved 4-0
6. Determination of Substantial Conformance with General Plan -
County of Riverside (Continued from January 3, 1990) - Planning
Manager Thornhill stated that this is a request for conformity
with the General Plan for the disposal of 3.11 acres of
property located on the south side of Railroad Canyon Road,
approximately one-half mile southwest of its intersection with
Cottonwood Canyon Road. Government Code Section 65402 states
that whenever real property is acquired or disposed of, a
determination of General Plan consistency shall be made by the
Planning Commission. Pardee Construction is proposing to
purchase the property from the County of Riverside; in order to
effectuate the sale, the Government Code determination must be
rendered prior to disposal by the County.
There being no discussion at the table, Chairman Brown called
for a motion.
AGENDA ITEM NO. ■ •
PAGE OF _�
Minutes of Planning Commission
January 17, 1990
Page 8
DETERMINATION OF SUBSTANTIAL CONFORMANCE WITH GENERAL PLAN
Motion by Commissioner Saathoff to notify the County of
Riverside that the property is in substantial conformance with
the General Plan for the City of Lake Elsinore, second by
Commissioner Gilenson.
Approved 4-0
10. Commercial Project 89-8 - Krouse Builders - Associate Planner
Restivo presented a proposal for the construction of a 7,250
square foot commercial building on .344 gross acres, located at
the northeast corner of Scrivener Street and Graham Avenue.
Chairman Brown asked if there was anyone present representing
the applicant and if there were any concerns.
Mr. Fred Crowe, Butterfield Surveys/The Keith Companies, stated
that they prepared the map and would try to answer any
questions that arise.
There being no discussion at the table, Chairman Brown called
for a motion.
Motion by Commissioner Saathoff to recommend to City Council
adoption of Negative Declaration 89-53 and approval of
Commercial Project 89-8 based on the Findings and subject to
the 56 Conditions of Approval listed in the Staff Report,
second by Commissioner Wilsey.
Approved 4-0
COMMUNITY DEVELOPMENT DIRECTOR'S COMMENTS
Community Development Director Gunderman stated that Ramsgate will
be coming before the Commission soon, and there are a number of
issues that are likely to be a part of this project. We felt that
it would be appropriate to set up a subcommittee, consisting of two
Planning Commissioners and two Councilmembers, to sit with staff
and the developer to discuss and resolve major issues prior to
public hearing. Therefore, we would request that the Commission
appoint two Commissioners to serve on this subcommittee. We hope
that there will not be more than two meetings and a follow-up
meeting to insure that all issues have been complied with.
Commissioners Saathoff and Gilenson were appointed to serve on this
subcommittee, and Commissioner Wilsey as an alternate.
PLANNING COMMISSIONER'S COMMENTS
Commissioner Wilsey
Inquired about the multi-purpose trail standard implementation
status.
Community Development Director Gunderman stated that this was
discussed today with Community Services Director Watenpaugh, who
has responsibility for developing those standards, and he expects
to have a standard ready for review within 30 days.
Commented on the 75% rule for zoning, and possibly the need for a
meeting with City Council to discuss interpretation and guidelines
for this 75% rule, and how staff should be handle this.
The trail information that we have dealt with in the past, the most
recent was on the Marinita Tract, should be made available to City
Council.
AGENDA ITEM NO. .—
PAGE J? OF
Minutes of Planning Commission
January 17, 1990
Page 9
PLANNING COMMISSIONER'S COMMENTS CONTINUED
Commissioner Gilenson
Commented on major streets within the City being flooded, and asked
if there was anything that could be done to alleviate some of the
flooding, short of major reconstruction.
Community Development Director Gunderman responded that this is one
of the reasons that we have been so involved in assessment
districts, so that we can get the funds available to do those types
of things.
Commissioner Saathoff
Nothing to report.
Chairman Brown
Requested that staff contact the City Attorney to see if it is
included in the CC & R's that we have a right to enforce CC & R's
assigned to or extended to the City.
The apartment unit at Robertson and Riverside Drive is being
vandalized again, the bank should be notified that they have 15
days in which to board up the building and secure the property or
we shall start abatement procedures.
Community Development Director Gunderman stated that we can post
the building and temporarily secure the property, and then we will
begin the notification process.
Commissioner Brinley
Absent.
There being no further business, the Lake Elsinore Planning
Commission adjourned at 9:05 p.m. Motion by Commissioner Wilsey,
second by Commissioner Saathoff.
Approved 4-0
Approved,
Jeff Brown,
Chairman
Respectfully submitted,
Linda Grindstaff
Planning Commission
Secretary
AGENDA ITE yI t4O. L�
PAGE OF
REPORT TO THE CITY COUNCIL
DATE: Feburary 13, 1990
SUBJECT: Building Activit Report-
Month
e ort
Month of January 1990
PREPARED BY-46L-,C'APPROVED BY:
Community Developm� Director City Man ger
Dave Gunde �n Ron Molendyk
DISCUSSION:
Attached is the Building Activity Report which also includes
information for year-to-date and last twelve (12) months for
comparison.
RECOMMENDATION•
Receive and file.
ACxENDA ITEM NO. -L
C I T Y O F L A K E E L S I N O R E
DIVISION OF BUILDING AND SAFETY
ACTIVITY REPORT - January 1990
NEW
1 - Single Family Residence .......................... $ 142,00b
8 - Duplexes - Bldgs - 8 Units -16 ................. 1,248,000
0 - Multiple Family - Bldgs - 0 Units - 0 .......... 0
1 - Commercial ....................................... 100,000
0 - Industrial 0
0 - Mobile Home Installations $ 0
ADDITIONS/ALTERATIONS
24 - Residential ...................................... 37,744
6 - Commercial ...................................... 11,000
0 - Industrial ..................................... 0
0 - Mobile Home ...................................... 0
13 - Swimming Pool/Signs/Blockwall/Misc. .............. 59,580
5 - GRADING .......................................... 7,800
Month of: January
Calendar Year:
Last 12 Months:
Plumbing Permits:
Electrical Permits:
Mechanical Permits:
ANNUAL COMPARISON
CURRENT YEAR
No. Permits Valuation
58 $ 1,606,124
58 $ 1,606,124
1079 $49,189,079
Description
NEW SINGLE FAMILY
211 Davis
NEW DUPLEX
654 - 663 Woodcrest
NEW COMMERCIAL
32700 Riverside Drive
34
26
15
PRECEDING YEAR
No. Permits Valuation
74 $ 5,620,145
74 $ 5,620,145
1159 $59,200,033
23
36
40
Owner
Valuation
Advent Builders, Inc. $ 142,000
P.J Fenton $1,248,000
I. Palmer $ 100,000
AGENDA ITEM NO. .�,,�
PAGE O� OF
REPORT TO CITY COUNCIL
FEBRUARY 1 1990
SUBJECT: CODE ENFORCEMENT ACTIVITY REPORT
MONTH OF JANUARY 1990
I
PREPARED BY PROVED: t
Dave derman Ron Mol ndyk
Commu ' y Development City Ma ager
Director
DISCUSSION
Attached is the Code Enforcement Activity Report for the
month of December, which also includes information on the
previous month and year-to-date.
Receive and file
AGENDA ITEM NO. 3
PAGE ,_ OF_�
CITY OF LAKE ELSINORE
DIVISION OF CODE ENFORCEMENT
ACTIVITY REPORT - JANUARY, 1990
AGENDA ITEM NO. %_
PAGE OF
CURRENT
PREVIOUS
YEAR -TO
MONTH
MONTH
DATE
COMPLAINTS:
Resident Complaints
7
40
7_
Staff Initiated Complaints
_181
25
_181u
Total Complaints Received
_188
65
`188
Total Violations Corrected
140
45
140
REFERRALS TO OTHER
AGENCIES/DIVISIONS
Animal Control
2
1
2
Building & Safety
9
2
—9—
Business Licensing
14
0
_14
Health Department
0
0
0
Public Works
19
9
19
Sheriff's Department
14
14
_14
Water Department
0
2
—0—
COURT CASES:
Court Hearings (Disputed
Citations)
1
2
1`
Violations Corrected
0
0
NUSIANCE ABATEMENT:
Cases Set for Nuisance
Abatement Hearing
5
0
5_
Total Abatement Completed
0
0
0_
TOTAL CASES CLOSED:
198
71
198
AGENDA ITEM NO. %_
PAGE OF
REPORT TO THE CITY COUNCIL
DATE: February 13, 1990
SUBJECT: Structure Abatement Activity
ReRort - January 1990
PREPARED BY: APPROVED BY: �4_
Community Develo ent Director City Ma ager
Dave Gun rman Ron Molendyk
DISCUSSION:
Attached is the Structure Abatement Activity Report which
contains information on monthly activity and the number
of properties involved in the abatement program and their
status.
RECOMMENDATION•
Receive and file.
AGENDA ITEM NO. �.
PAGE a OF
C I T Y O F L A K E E L S I N O R E
DIVISION OF BUILDING AND SAFETY
ACTIVITY REPORT ON STRUCTURE ABATEMENT - JANUARY 1990
New structures in abatement .................
Properties currently being demolished........
Total structures being rehabilitated ........
Structures at Intent Notice .................
Structures at First Notice ..................
Structures at Second Notice .................
(For addresses of properties see attached sheet)
Current Previous
Month Month
5 0
0 1
7 9
3 8
5 5
5 3
STATUS OF STRUCTURE ABATEMENT PROGRAM TO -DATE
Total structures that have been demolished by owner......... 47
Total structures that have been rehabilitated ............... 27
Structures demolished by the City ........................... 5
Total structures in the abatement program ................... 104
Ll
apu� Z OF
ACTIVITY REPORT ON STRUCTURE ABATEMENT - JANUARY 1990
NEW STRUCTURES IN ABATEMENT
16313 Arnold Avenue - S.F.R. with structural damage
16420 Bailey Avenue - Substandard Garage
1250 Cole Street - Vacant S.F.R.
120 E. Franklin - Substandard Apartment
18010 Heald Avenue - Hazardous S.F.R.
PROPERTIES BEING DEMOLISHED
STRUCTURES BEING REHABILITATED
208 North Lowell - S.F.R.
32401 Stoneman - Unfinished structure, R.V. Park
210 Riley - Multi -Family
212 Riley - Multi -Family
422 Granite - S.F.R.
309 North Lowell - S.F.R.
29492 Nichols - S.F.R.
STRUCTURE AT INTENT NOTICE
506 Minthorn - Commercial
17384 Bromley - Vacant S.F.R.
1119 Cleveland Court - Repossessed S.F.R.
STRUCTURES AT FIRST NOTICE
17384 Bromley - Vacant S.F.R.
214 North Kellogg - Illegal Unit
17501 Collier Avenue - Dilapidated S.F.R.
405 Flint - Substandard S.F.R.
17584 Lawrence Way - Vacant and unsecured
STRUCTURES AT SECOND NOTICE
16550 Arnold Avenue - Hazardous S.F.R.
29310 Pinnell (A.P. #378-090-029-6) - Substandard Shed
303 West Pottery - Substandard Multi -family
18520 Collier Avenue - Abandon S.F.R.
30490 Wilson Way - Poorly Maintained S.F.R.
LAKE ELSINORE PAGE NO. 1
DEMAND/WARRANT REGISTER NO, 90-072 DATE 01/31/90
PAYEE WARRANT CHECK
TOUCHER
NO. DETAIL OF DEMANDS PRESENTED WRITTEN
DESCRIPTION ACCOUNTCHG'A INV, NO, AMOUNT NO. AMOUNT
A - Z BUS SALES
ACE LOCK & KEY
ALEXAS MUSIC PRODUCTIONS
GEORGE ALONGI
ARBOR PRO TREE SERVICE
ARTMASTER BOOK CO.
ASSOCIATED EQUIPMENT CO.
B & L INDUSTRIAL FABRICATIO
BALLEW & ASSOCIATES, INC.
BIG AL OIL CO.
PAM BRINLEY
JEFF BROWN
B.S.I. CONSULTANTS, INC.
WILLIAM S. BUCK
WILLIAM S. BUCK
BUTTERFIELD ENGINEERING
C.M.S. BUSINESS FORMS
STATE BOARD OF EQUALIZATION
CALIF. DEPT. OF TRANSPORTATI
CALIF. DEPT. OF CONSERVATIO
CALIF. EMPLOYMENT DEVELOPME
CALIF. EMPLOYMENT DEVELOPME
18061
18068
18049
18063
18061
18065
18066
18067
18068
18069
18070
18071
18072
18073
17887
18074
18075
18041
1807(
18077
18076
18075
AGENDA ITEM NO.- q rv,
PAGE -�' OF
LAKE ELSINORE
DEMAND/WARRANT REGISTER NO. 90-072
PAYEE
;CHER DETAIL OF DEMANDS PRESENTED
40.
DESCRIPTION I ACCOUNT CHG'D
:ALIF. EMPLOYMENT DEVELOPME
CALIFORNIA GLASS 6 SUPPLY
CALIFORNIA SOCIETY OF
CAR -TEL AUTO TRUCK ELECTRIC
FERESA CHERVENY
CHEVRON U.S.A. INC.
COAST MEDIA PUBLICATIONS
FRED DOMINGUEZ
KAREN DREWS CUSTOM DECORATC
EASTMAN KODAK COMPANY
ELSINORE INVESTMENTS
ELSINORE OFFICE PRODUCTS
ELSINORE READY MIX CO., INI
ELSINORE VALLEY RENTALS
FEDERAL EXPRESS CORP.
FIRST AMERICAN TITLE INS.
FIRST TRUST BANK
FIRST TRUST BANK
FONTANA PAVING, INC.
FORD MOTOR CREDIT CO.
G.T.E. CALIFORNIA INC.
G.T.E.L_
INV. NO.
AGENDA ITEM NO.
PAGE OF
F
PAGE NO.
2
DATE
01/31/90
WARRANT CHECK
WRITTEN
AMOUNT NO,
AMOUNT
18042
3040.53
18080
184.33
18081
50.00
18082
326.25
18083
150.00
18084
15.23
18085
5080.00
18086
300.00
18057
3500.00
18087
602.81
18050
6289.73
18088
102.36
18089
88.70
18090
33.00
18091
82.00
18092
75.00
17885
23062.03
1805+
22349.47
18093
863.36
18094
1666.75
18095
2248.75
18096
2193.54
AGENDA ITEM NO.
PAGE OF
LAKE ELSINORE PAGE NO. 3
DEMAND/WARRANT REGISTER NO. 90_072 DATE 01/31/90
PAYEE WARRANT CHECK
VOUCHER
NO -
DETAIL OF DEMANDS PRESENTED WRITTEN
DESCRIPTtON ACCOUNT CHG'D INV. NO- AMOUNT NO. AMOUNT
EARHARTS SERVICE STATION
ONY GILENSON
OLDEN OFFICE TRAILERS, INC.
REINER
AVID A. GUNDERMAN
AWKINS TRAFFIC SAFETY
ERRERA INTERIORSCAPES
EWLETT PACKARD CO.
INCKLEY & SCHMITT
.C.B.O. RIVERSIDE CO. CHAP?
CMA RETIREMENT TRUST
CMA RETIREMENT TRUST
. & R. LANDSCAPE MAINT., IN
OBS AVAILABLE
OHN'S SERVICE CENTER
OHNSON TRACTOR
ICKI LYNN KASAD
AKE ELSINORE ANIMAL FRIENDS
AKE ELSINORE AUTO PARTS
ITY OF LAKE ELSINORE
ITY OF LAKE ELSINORE
ITY OF LAKE ELSINORE
T
18097
18096
18099
18100
18101
18102
18058
18103
18104
18105
18106
18043
18107
18108
18109
18110
18111
18112
18113
17884
18055
18053
AGENDA ITEM NO.
PA -GE OF
30.00
100.00
144.19
515.25
900.00
374.29
2800.00
1486.00
176.90
L
50.00
1134.42
1134.42
2691.50
74.70
50.00
355.04
200.00
S181.66
110.39
56438.85
54395.77
406.61
LAKE ELSINORE PAGE NO. 4
DEMAND/WARRANT REGISTER NO. 90_072 DATE 01/31/90
PAYEE WARRANT CHECK
VOUCHER DETAIL OF DEMANDS PRESENTED WRITTEN
N0.
OESCRIPTiON ACCOUNT CHWO iNV NO. AMOUNT NO AMOUNT
AKE ELSINORE FLORIST & GIF
AKE ELSINORE TIRE & AUTO
AKE ELSINORE TRAVEL SERVIC
AKE ELSINORE VALLEY CHAMBE
AKESIDE CHEVROLET, INC.
EAGUE OF CALIFORNIA CITIES
. J. M. ELECTRINICS
AC FARLANE & ASSOCIATES, I
OUG MARTIN CONTRACTING, IN
B. S. / LOWRY
ATIONAL RECREATION & PARK
ATIONAL RECREATION & PARK
OUNTY OF ORANGE
ATEGA STATIONERTS
1. E. R. C.
ACIFIC SAFETY EQUIPMENT
ILL PAYNE
HE PHOTO PLACE
'HE PRESS ENTERPRISE
'HE PRICE CLUB
'HE PRICE CLUB
'RICE SECURITY SYSTEMS
18114
18115
18116
18044
18117
18118
18119
18120
18121
18122
18123
18124
18125
18126
18127
18125
18129
18130
18131
18135
18051
18132
AGENDA ITEM NO.
PAGE aF S
LAKE ELS INORE PAGE NO. 5
DEMAND/WARRANT REGISTER NO. 90-078 DATE 01/31/90
PAYEE WARRANT CHECK
TOUCHER
NO. DETAIL OF DEMANDS PRESENTED WRITTEN
DESCRiP-100 ACCOUNTCHG'❑ INV. NO. AMOUNT NO. AMOUNT
PRUDENTIAL OVERALL SUPPLY
LINDA PTOLEMY
PUBLIC WORKS, INC.
RIVERSIDE COUNTY FEDERAL
RIVERSIDE COUNTY FEDERAL
COUNTY OF RIVERSIDE — OFFICE
PHYLLIS ROGERS
SILL SAATHOFF
SAFETY—KLEEN CORP.
SERENDIPITY GALLERY
$ETON NAME PLATE.CORP.
PAMELA SHIPLEY
WARREN C. SIECKE
SIGNAL MAINTENANCE, INC.
SOIL d TESTING ENGINEERS, IN
SOUTHERN CALIFORNIA EDISON C
SOUTHERN CALIFORNIA EDISON C
BILL STARKEY
BILL STARKEY
STATE COMPENSATION INSURANCE
�jSTOCKWELL & BINNEY
jST00RZA, ZIEGUAS & METZGER,I
18134
17886
18135
18135
1804
1813
1813
1813
1814
1805
1814
1804
18142
18143
18144
18145
18146
18147
18048
18148
18149
18150
AGgNDA
ITEM 0
PACS
I
LAKE ELS I NORE PAGE NO. 6
DEMAND/WARRANT REGISTER NO. 90-072 DATE 01/31/90
PAYEE WARRANT CHECK
}OCHER DETAIL OF DEMANDS PRESENTED WRITTEN
H0.
❑ESCRIPTION ACCOUNT CHG'a INV. NO. AMOUNT f NO. AMOUNT
TRAIGHTLINE CONCRETE CUTTIN,
TUDIO 7 ARCHITECTURE/PLANNI
EXACO REFINING -MARKETING IN
HOMAS TEMPS
HOMPSON PUBLISHING GROUP
USSELL TOURVILLE CONSTRUCT!
P. S.
NITED STATES POSTMASTER
IKING OFFICE PRODUCTS
'ILLAGE EQUIPMENT RENTAL
,ARY WASHBURN
JCHARD WATENPAUGH
IESTERN HIGHWAY PROD., INC.
►L WILSEY
rIM WINKLER
tAY WOOD ASSOCIATES
.UMAR INDUSTRIES
1MERICAN SEATING COMPANY
JILDAN ASSOC.
:FORGE MC CURDY
3. F. M. ASSOCIATES
:HARLES J. FENNER
8151
8047
I
8152
8153
8154
8155
8156
18058'
18157
18158
18159
18160
18161
18162
18163
18164
18165
18166
18167
1 81 6E
18165
1817(
AGENDA ITEM NO. - 9
PAGE OF
356.00
4185.00
102.76
938.78
179.00 ,
47446.70
67.02.
I
869.S81
196.83
49.50
300.00
200.00
294.29
100.00
300.00
3675.00
471.33
99.66
4953.00
100.00
29.06
18.97
LAKE ELSINORE PAGENO. 7
DEMAND/WARRANT REGISTER NO. 90_072 DATE 01/31/90
PAYEE WARRANT CHECK
N0..
OUC i DETAIL OF DEMANDS PRESENTED WRITTEN
i`
DESCRIPTION ACCOUNT CHGT INV. NO. AMOUNT NO. AMOUNT
ITE HEADQUARTERS 18171 27.00
SOUTHLAND TRUCK d EQUIP SALE 18172 16714.36
SANTEE DAIRIES INC 18173 27.00
R.J. LOVINGIER INC. 18174 14634.80
EILEEN PIERCE 18175 35.00
OPR 18176 33.50
JOANN MATTINSON 18177 35.00
LINDA LEFEBURE 18178 35.00
NATIONAL CAREER WORKSHOPS 18179 69.00
CARL GRAVES 18180 34.71
AGENDA I-TEM
�NjO.
PAGE J3— OF �'
LAKE ELS I NORE PAGE NO. 8
DEMAND/WARRANT REGISTER NO. 90-072 DATE 01/31/90
PAYEE j WARRANT
A RA CHECK
DUCKER DETAIL OF DEMANDS PRESENTED TT
N0.
EN
DESCRIPTION I ACCOUNT CHG'D INV. NO. AMOUNT NO. I AMOUNT
RECAP BY FUND
GENERAL FUND 100
STATE GAS TAX FUND 110
LIGHTING/LANDSCAPE DISTRI130
STREET CAPITAL PROJECTS F201
SIGNAL CAPITAL PROJECTS F204
A.D. 87-2 DEBT SERVICE FU351
L.E.T.S. FUND 450
RITTEN
REPAID
CCRUED
OTAL
RE -PAID
179612.34
.00
55.20
.00
.00
6289.73
237.07
221864.10
186194.34
.00
408058.44
RITTEN
149927.20
41408.10
7133:30
6023.281
14900.00
.00
2472.221
A*ENDA ITEM O.
OF
PAGE.��
rd i
WHEREAS, the general public has the
opportunity to meet the local judges only
occasionally and on a limited basis, and
WHEREAS, the California Legislature has --
designated March 4 through 10, 1990, "Meet Your -
Judges Week", calling on judges throughout
California to participate in community forums to
Enable the general public to meet with their local
judges and learn about the role of judges in the
legal system; and -
WHEREAS, the City Council of the City of --
Lake Elsinore is committed to encourage our public
to heighten its understanding of the operations of
our courts and of the problems faced by both judges
and the public in dealing with our judicial system.
NOW, THEREFORE, the Mayor and City
Council of the City of Lake Elsinore on this 13th
day of February, 1990, does hereby support "MEET
YOUR JUDGES" week, and encourage the citizens of the
City of Lake Elsinore to participate in the public
forums planned during that week within the Three
- Lakes Judicial District.
JIM WINKLER, MAYOR
CITY OF LAKE ELSINORE
AGENDA ITEM NO.
PAGE OF��
REPORT TO CITY COUNCIL
DATE: February 13, 1989
SUBJECT: Property Acquisition
PREPARED BY: f. APPROVED BY:
Ray Wood, Administrat- a Ron Molend k, City Manager
Services Director
BACKGROUND
As a part of the continuing development around the Lake and
future widening of Lakeshore Drive the City will need to
acquire property from time to time.
The County of Riverside has notified the City of certain
properties throughout the City which will be sold at a
Tax -Defaulted sale in March. Under Sections 3695 and 3695.4
of the Revenue and Taxation Code the City can request removal
of any property from the sale list and acquire said property
by payment of tax liens against it.
FINDINGS
Of the properties on the sale listing from the County, two are
in the area between Lakeshore Drive and the Lake and fit into
the future needs for development of that area. In order for
the City to acquire the parcels it is necessary to adopt a
resolution in accordance with the above cited code and submit
it to the County.
FISCAL IMPACT
The cost of acquisition of the two parcels by the City will be
approximately $4,500.
RECOMMENDATION
It is recommended that the City Council adopt Resolution No.
qp-y and authorize staff to proceed to acquire the
respective parcels.
AGENDA ITEM NO.
PACS OFJ -
RESOLUTION NO. ► O —"A
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, CALIFORNIA CONCERNING
THE ACQUISITION OF CERTAIN TAX -DEFAULTED PROPERTY.
WHEREAS, the City of Lake Elsinore (hereinafter
"City") has been informed by the County of Riverside that
certain tax -defaulted parcels are being offered for sale at
public bid; and
WHEREAS, the City of Lake Elsinore desires to acquire
two of those parcels, specifically, Assessor's Parcel Numbers
374-302-001-6 and 374-312-023-7, valued at fifteen hundred
dollars ($1,500) and twenty-five hundred dollars ($2,500)
respectively;
NOW, THEREFORE BE IT RESOLVED AS FOLLOWS:
1. That the foregoing recitals are true and correct.
2. That the City of Lake Elsinore hereby objects to
the public sale of Assessor's Parcel Numbers
374-302-001-6 and 374-312-023-7, more specifically described
in Exhibit "A" attached hereto.
3. That City of Lake Elsinore desires to enter into
a Purchase Agreement with the County of Riverside, pursuant to
Chapter 8 of the California Revenue and Taxation Code. The
City hereby offers to purchase Parcel Number 374-302-001-6 for
fifteen hundred dollars ($1,500) and Parcel Number
374-312-023-7 for twenty-five hundred dollars ($2,500). City
agrees to pay for the legal notice of said sale to be
published in the Riverside Press Enterprise, pursuant to
Section 3793.6(A) of the California Revenue and Taxation Code.
City further agrees that it will be responsible for said
publication costs should the property be redeemed after the
first publication nullifying the agreement to purchase and
further for the payment of one hundred dollars ($100) per lot
book required pursuant to Section 3799 of the aforesaid Code.
4. The City of Lake Elsinore intends to put the
subject property to a public use specifically, construction of
facilities related to flood control and lake stabilization and
management.
PASSED, APPROVED AND ADOPTED this 13th day of
February, 1990 upon the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTENTIONS: COUNCILMEMBERS:
ATTEST:
VICKI L. KASAD, CITY CLERK
JIM WINYLER, MAYOR
APPROVED AS TO FORM AND
LEGALITY:
JOHN HARPER, CITY ATTORNEY
AGENDA ITEM NO.�
PACS OF
REPORT TO CITY COUNCIL
DATE: FEBRUARY 13, 1990
SUBJECT: NORTHWEST SEWER PROJECT - EQUIPMENT BIDS
PREPARED BY: APPROVED BY. �/// . �
RON AIRC.M NER RON MO YR
DIRECTOR OF PUBLIC CITY GER
SERVICES
BACKGROUND
The plans are being finalized for this project which will provide an
extension of the sewer facilities in the Warm Springs area and for
proposed development along Collier Street from Central to Nichols.
The project will include the construction of two lift stations. A
preliminary Engineer's Report is scheduled to be presented to the
City Council on March 13th at which time the Council will be
required to set a bid date.
FINDINGS
Staff has learned that the pump station equipment can require up to
four months to secure delivery plus installation time. To minimize
any delay to the completion of the project, staff requests
authorization to take bids on this equipment prior to the sewer bid
date. The equipment can then be purchased and be made available to
the sewer contractor for installation at the appropriate time.
FISCAL IMPACT
All expense of this project is funded by Assessment District 86-1,
with funds advanced by the Redevelopment Agency for engineering, and
easement acquisition costs. Staff requests additional front-end
funding for this equipment purchase estimated at $160,000.00.
RECOMMENDATION
Authorize the acquisition of lift station equipment prior to project
bidding.
AGENDA ITEM NO..��
PAGE OF
RESOLUTION NO.0-'i'
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, REFERENCING
PREVAILING WAGE SCALE AND DIRECTING CALL FOR
CONSTRUCTION BIDS
WHEREAS, the City Council of the CITY OF LAKE ELSINORE, CALIFORNIA,
heretofore instituted proceedings under the provisions of the "Municipal
Improvement Act of 1913, being Division 12 of the Streets and Highways
Code of the State of California, for the construction of certain public
works of improvement in a special assessment district known and
designated as NORTHWEST SEWER ASSESSMENT DISTRICT NO. 86-1 (hereinafter
referred to as the "Assessment District", and,
WHEREAS, at this time there have been submitted for final review the
plans and specifications for certain equipment and materials necessary
for the Assessment District, and it is the intention of the legislative
body to call for sealed proposals or bids for said equipment and
materials.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. That the above recitals are all true and correct.
2. That the plans and specifications for certain of the equipment and
materials in the Assessment District are hereby approved and authorized
for bidding.
3. That the proposals or bids shall be opened and examined at a public
meeting so called; and said results of the bidding shall be reported at
the next regular meeting of this legislative body after the opening of
the bids.
4. That the terms and conditions for bidding on the material and
equipment for this Assessment District are as set forth in full in the
Bid Documents in the specifications as previously approved.
5. Reference is hereby made to said Bid Documents heretofore approved
and identified as "NOTICE INVITING SEALED PROPOSALS, NORTHWEST SEWER
ASSESSMENT DISTRICT NO. 86-1 (EQUIPMENT/PHASE I)". For all particulars
as to bidding, the Notice Inviting sealed proposals above referenced and
all incorporated documents and laws, including but not limited to the
"Municipal Improvement Act of 1913" shall control.
6. That is is hereby determined that in the even the supplier
contractor, contracting owners included, does not provide the equipment
within the time limit specified in the contract or within the time limit
as shall authorized, the supplier contractor or contracting owners, as
the case may be, shall pay liquidated damages the amount or amounts as
set forth in the specifications for the project, said amounts herein
referenced and so incorporated. That is is impractical to determine the
--actual damage which will be sustained by reason of such delay, but that
the stated sums is a reasonable amount for said liquidated damages and is
not being imposed as a penalty.
AGENDA ITEM NO.
PAGE OF 3
PASSED, APPROVED AND ADOPTED THIS DAY OF , 1990.
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT:
ABSTENTIONS: COUNCILMEMBERS
ATTEST:
VICKI LYNNE KASAD, CITY CLERK
CITY OF LAKE ELSINORE
APPROVED AS TO FORM AND LEGALITY:
JOHN R. HARPER, CITY ATTORNEY
CITY OF LAKE ELSINORE
JIM WINKLER, MAYOR
CITY OF LAKE ELSINORE
A�::[-:','.'DA ETE::;
PT -.C=
REPORT TO CITY COUNCIL
DATE: February 13, 1989
SUBJECT: Copt/ Equipment
PREPARED BY: APPROVED
Ray Wood, Administra e
Services Director
BACKGROUND
C` V
BY: c,
Ron Molendy , City Manager
The City's Departments have high volume copy requirements for
many types of documents. The requirements for City Council,
Redevelopment Agency and Planning Commission Agendas are very
high. the total volume now exceeds 100,000 copies per month.
FINDINGS
The City's current IBM copy equipment is not designed for nor
capable of handling the volume requirements. The equipment
suffers frequent breakdowns, causing schedule delays and
excessive maintenance expense.
The administrative Services Department has undertaken a study
of the copier equipment offered by several of the major
manufactures, including inquiry of present users, to determine
which equipment will fully meet our present and anticipated
needs. We have determined that the Kodak Ektaprint 235AF is
the equipment which will best satisfy our requirements.
FISCAL IMPACT
The net purchase price to the City for the Kodak 235AF is
$47,125. The 60 month lease purchase payment is $978.22, for
a total of $58,693.
RECOMMENDATION
It is recommended that the City Council approve the
acquisition of the Kodak 235AF copier on the Lease Purchase
Plan.
AGENDA ITEM NO. `
PAGE of
REPORT TO CITY COUNCIL/REDEVELOPMENT AGENCY
DATE: February 13, 1989
SUBJECT: Bond Anticipation Notes
PREPARED BY:
_� - � �' APPROVED BY:
Ray Wood, Administra ' e Ron olenCit Manager
Services Director V�-"
BACKGROUND
In September, 1989, the Agency issue $3,500,000 Bond
Anticipation Notes maturing March 12, 1990 for the purpose of
acquisition of the Lehr property. At the time it was
anticipated that the notes would be redeemed from the proceeds
of a pending Tax Allocation Bond issue. As a result of the
failure of a local newspaper to properly publish a related
notice, the Bond Issuance Proceedings have been delayed to the
extent that originally anticipated funds will not be available
for the March 12, maturity.
FINDINGS
In order to meet the March 12, 1990, maturity of the original
notes, new Bond Anticipation Notes will need to be issued.
FISCAL IMPACT
The necessity to follow this course of action will result in
additional costs of issuance and interest on the new issue
totaling approximately $328,875.
RECOMMENDATION
It is recommended that the City Council adopt Resolution No.
and the Agency adopt Resolution No.R 0 A 5Q-1
authorizing the issuance of the related Bond Anticipation
Notes.
AGENDA ITEM NO.
PAGE 0F_
RESOLUTION NO. I o -,5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE APPROVING ISSUANCE BY THE
REDEVELOPMENT AGENCY OF THE CITY OF LAKE
ELSINORE OF $3,800,000 PRINCIPAL AMOUNT OF
REDEVELOPMENT AGENCY OF THE CITY OF LAKE
ELSINORE RANCHO LAGUNA REDEVELOPMENT PROJECT
AREA NO. III TAXABLE REFUNDING BOND ANTICIPATION
NOTES, 1990 SERIES
WHEREAS, the Redevelopment Agency of the City of Lake
Elsinore (the "Agency") proposes to issue its $3,800,000
principal amount of Rancho Laguna Redevelopment Project Area
No. III Taxable Refunding Bond Anticipation Notes, 1990 Series
(the "Notes"), under and pursuant to the provisions of Part 1
of Division 24 (commencing with Section 33000) of the Health
and Safety Code of the State of California (the "Law")) and
pursuant to the provisions of Chapter 6 of Division 6 of Title
1 (commencing with Section 5900) of the Government Code of the
State of California (the "Taxable Law") and other applicable
laws, for the purpose of refinancing redevelopment activities
within and of benefit to the Agency's Rancho Laguna
Redevelopment Project Area III;
WHEREAS, Section 33640 of the Law requires the Agency
to obtain the approval of the City Council of the City of Lake
Elsinore prior to issuance of the Notes; and
WHEREAS, the City Council approves of the issuance of
the Notes as being in the public interests of the City of Lake
Elsinore and of the Agency;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Lake Elsinore, as follows:
SECTION 1. Approval of Issuance of Notes. The City
Council of the City of Lake Elsinore approves the issuance of
the Notes by the Redevelopment Agency of the City of Lake
Elsinore, as hereinabove described.
SECTION 2. Effective Date. This Resolution shall
take effect from and after its adoption.
PASSED, APPROVED AND ADOPTED this 13th day of
February, 1990, by the following vote:
AGENDA iTF-M N0.
PAGE 0;=
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTENTIONS: COUNCILMEMBERS:
FRED DOMINGUEZ, MAYOR PRO TEM
ATTEST:
VICKI L. KASAD, CITY CLERK
APPROVED AS TO FORM AND LEGALITY:
JOHN HARPER, CITY ATTORNEY
AGEt4DA ITEM NO. -AjD-.,
PAGE--.--' OF
REPORT TO CITY COUNCIL/REDEVELOPMENT AGENCY
DATE: February 13, 1989
SUBJECT: Bond Underwriter Band Counsel
PREPARED BY: 4-_- i 'F; = APPROVED BY: t. �—
Ray Wood, Administratz Ron Molendyk,City Manage
Services Director
BACKGROUND
With the impending growth the City is anticipating very large
financing requirements over the next few years. Developers
are expected to utilize various vehicles, such as Mello -Roos
and special assessment districts, to finance infrastructure.
The Agency anticipates use of Tax Allocation Bonds, the City
may well have need to utilize certificates of participation
and other debt instruments. The City and Agency have created
the Lake Elsinore Public Financing Authority in order to
facilitate needed financing and the Authority has appointed
underwriter and Co Bond Counsel.
FINDINGS
It is more and more apparent that there will be many sources
and types of financings occurring in the relatively immediate
future. All of the public financing vehicles to be used will
be City or Agency proceedings, not those of developers or
others. Because of the variations and volumes of the findings
it is imperative that we utilize all possible means to insure
efficiency and consistency, avoid duplications of effort and
maintain cost control. It is felt that working with the same
underwriting firm and Bond Counsel in every situation will
enhance these matters.
FISCAL IMPACT
There will be no fiscal impact
costs of underwriting and bond
individual debt proceedings.
RECOMMENDATION
on City funds since all related
counsel will be absorbed by the
It is recommended that the City Council and Redevelopment
Agency adopt Resolutions No. and No. RpN
respectively appointing underwriter and Co Bond Counsel for all
local obligations to be considered by the Lake Elsinore Public
Financing Authority.
AGENDA ITEM NO.1
PAGE OF_�L_
RESOLUTION NO 1 Q -`D
A RESOLUTION OF THE CITY COUNCIL TO THE CITY OF LAKE
ELSINORE APPOINTING AN INVESTMENT BANKING FIRM AND
CO -BOND COUNSEL FIRMS FOR PURPOSES ALL BONDS AND
OTHER LOCAL OBLIGATIONS OF THE CITY TO BE ACQUIRED
OR OTHERWISE FINANCED BY THE LAKE ELSINORE PUBLIC
FINANCING AUTHORITY WITH PROCEEDS OF ITS BONDS AND
PROVIDING OTHER MATTERS PROPERLY RELATING THERETO.
WHEREAS, pursuant to Articles 1 through 4 (commencing
with Section 6500) of Chapter 5, Division 7, Title 1 of the
Government Code of the State of California (the "Act"), the
City of Lake Elsinore (the "City") and the Redevelopment
Agency of the City of Lake Elsinore (the "Agency") have by
Joint Exercise of Powers Agreement, dated as of July 15, 1989,
as amended November 28, 1989 (the "Agreement"), created the
Lake Elsinore Public Financing Authority (the "Authority")
for the purposes, among other things, of assisting the City
and the Agency in the financing of Public Capital Improvements
as defined in and pursuant to the Marks -Roos Local Bond
Pooling Act of 1985, being Article 4 of the Act (commencing
with Section 6584) (the "Bond Law"); and
WHEREAS, the Authority has determined to implement a
program for the financing of Public Capital Improvements for
and on behalf of the City and the Agency by the purchase of
local obligations of the City and Agency, or otherwise as
authorized by the Agreement and the Bond Law, with the
proceeds of the issuance of $500,000,000 of local agency
revenue bonds (the "Bonds"),, the Bonds to be issued in series
and sold and delivered from time to time as funds are required
for the financing of such Public Capital Improvements; and
WHEREAS, the City Council has determined that it is
in the best interests of the City, the Agency, the Authority
and the general public to appoint two firms as co -bond counsel
for all bonds and other local obligations of the City to be
purchased or otherwise financed by the Authority with the
proceeds of the Bonds; and
WHEREAS, such determination of the City Council is
based on the advice of City staff to the City Council that the
AGENDA ITEM Nv.
PACE
OF
appointment of one firm as the investment banking firm and two
firms as co -bond counsel for all such bonds and other local
obligations will, in accordance with the purposes of the Bond
Law and the Agreement, avoid duplication of effort,
inefficiencies in administration, and excessive cost in the
acquisition and financing of such Public Capital Improvements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Lake Elsinore as follows:
Section 1. Except as the City Council may hereafter
order to the contrary, the investment banking firm of First
California Capital Markets Group, Inc., is hereby appointed as
the investment banking firm for all bonds and other local
obligations of the City to be purchased or otherwise financed
by the Authority with the proceeds of the Bonds and the law
firms of Harper & Burns and Jones Hall Hill & White, a
Professional Law Corporation, are hereby appointed as co -bond
counsel for all bonds and other local obligations of the City
to be purchased or otherwise financed by the Authority with
the proceeds of the Bonds.
Section 2. This Resolution shall take effect from
and after its adoption.
PASSED, APPROVED AND ADOPTED this 13th day of
February, 1990, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTENTIONS: COUNCILMEMBERS:
ATTEST:
JIM WINKLER, MAYOR
APPROVED AS TO FORM AND
LEGALITY:
VICKI L. KASAD, CITY CLERK JOHN HARPER, CITY ATTORNEY
2.
AGENDA ITEM NO.
PAGE D_ OF
REPORT TO CITY COUNCIL
FEBRUARY 13, 1990
SUBJECT: NOTICE OF COMPLETION FOR THE
1990 SLURRY SEAL PROJECT
PREPARED BY: APPROVED:
Ps
es Ring Ron Kirchner
sociate Civil Engineer Director of Public
services
APPROVED:
Ron Molen yk
City Manager
BACKGROUND
The project was authorized by the City Council on November 28
1989 and budgeted in Capital Project Account 4815. The work
consists of resurfacing various selected streets in the downtown
area.
SUMMARY
The contractor has completed the work as specified in the
contract on January 26, 1990. The records indicate that this
project was completed within the allowable working days.
FISCAL IMPACT
The total amount of the construction cost was $37,239.00.
RECOMMENDATION
Staff recommends that the Council accept the work as completed
and authorize the Mayor and the City Clerk to execute and have
recorded said Notice of Completion document.
Ar
ENDA ITEM NO..
PAGE I OF��
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
6G �
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for Complete requirements.)
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is City of Lake Elsinore
3. The full address of the owner is 130 S. Main Street
Lake Elsinore, California 92330
4. The nature of the interest or estate of the owner is; In fee.
(If other than fee, strike "In fee" and insert, for example. "purchaser under contract of purchase," or "lessee")
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:
NAMES ADDRESSES
6. A work of improvement on the property hereinafter described was completed on January 26, 19 9 OThe work done was:
To apply a type II slurry to various street surfs
7. The name of the contractor, if any, for such work of improvement was
Doug Martin Contracting 11_-28-89
(If no contractor for work of improvement as a whole, insert "none".) (Date of Contract)
8. The property on which said work of improvement was completed is in the city of Lake E 1 s i nor e
Riverside 1990 Slurry Seal
County of ,State of California, and is described as follows:
Pro
9. The street address of said property is None
Dated
Verification for Individual Owner
I, the undersigned, say: I am the
(If no street address has been officially assigned, insert "none".)
Signature of owner or corporate officer of owner
named in paragraph 2 or his agent
VERIFICATION
Director of Public Services
the declarant of the foregoing
("President of', "Manager of", "A partner of", "Owner of', etc.)
notice of completion; I have read said notice of completion and know the contents thereof; the same is true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on
(Date of signature.)
,19 , at . California.
(City where signed.
NOTICE OF COMPLETION—.WOLCCTTS FORM 1114—REV 6-74 (priceciass3)
(Personal signature of the individual who is swearing that the contents of
the notice of completion are true.)
AGENDA ITEM NO.
PAGE
„r� OF2Z 8 pt. type or larger
Name
Street
Ad;ress
City &
State
L
6G �
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for Complete requirements.)
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is City of Lake Elsinore
3. The full address of the owner is 130 S. Main Street
Lake Elsinore, California 92330
4. The nature of the interest or estate of the owner is; In fee.
(If other than fee, strike "In fee" and insert, for example. "purchaser under contract of purchase," or "lessee")
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:
NAMES ADDRESSES
6. A work of improvement on the property hereinafter described was completed on January 26, 19 9 OThe work done was:
To apply a type II slurry to various street surfs
7. The name of the contractor, if any, for such work of improvement was
Doug Martin Contracting 11_-28-89
(If no contractor for work of improvement as a whole, insert "none".) (Date of Contract)
8. The property on which said work of improvement was completed is in the city of Lake E 1 s i nor e
Riverside 1990 Slurry Seal
County of ,State of California, and is described as follows:
Pro
9. The street address of said property is None
Dated
Verification for Individual Owner
I, the undersigned, say: I am the
(If no street address has been officially assigned, insert "none".)
Signature of owner or corporate officer of owner
named in paragraph 2 or his agent
VERIFICATION
Director of Public Services
the declarant of the foregoing
("President of', "Manager of", "A partner of", "Owner of', etc.)
notice of completion; I have read said notice of completion and know the contents thereof; the same is true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on
(Date of signature.)
,19 , at . California.
(City where signed.
NOTICE OF COMPLETION—.WOLCCTTS FORM 1114—REV 6-74 (priceciass3)
(Personal signature of the individual who is swearing that the contents of
the notice of completion are true.)
AGENDA ITEM NO.
PAGE
„r� OF2Z 8 pt. type or larger
REPORT TO CITY COUNCIL
DATE: FEBRUARY 13, 1990
SUBJECT: ACCEPTANCE OF QUITCLAIM DEEDS FOR WATER
RIGHTS FOR VARIOUS CITY PROJECT
PREPARED BY: �Ialllw APPROVED BY: Zt,
4IMS R. RING RON KIRCHNER
ASSOCIATE CIVIL ENGINEER DIRECTOR OF PUBLIC
SERVICES
APPROVED BY: 6Ax,
U
RON MO NDYA
CITY MANAGER
These projects were approved by the Design Review Board and
conditioned to dedicate the Underground Water Rights to the City.
SUMMARY
The following attachments are copies of these documents dedicating
Underground Water Rights to this agency or its assignees.
Attachment "A"
Attachment "B"
Attachment "C"
FISCAL IMPACT
None
SFR 16850 Gunnerson 378-234-028
SFR 15136 Via Valle 379-281-016
SFR Industrial 89-10 377-050-027
RECOMMENDATION
1. Staff recommends that the City Council accept the documents for
recordation.
2. Authorize the City Clerk to have recorded said documents on
behalf of the City.
AGENDA ITEM NO..,.., 3�
PAGE_ / OF
Recording requested by:
CITY OF LAKE ELSINORE
A municipal corporation
'When recorded, mail to:
CITY OF LAKE ELSINORE
130 South Main Street
Lake Elsinore, CA 92330 Above space for Recorder
QUIT CLAIM DEED
Water Rights
APN# 378-234-028
For a valuable consideration, receipt of which is hereby
acknowledged, JOHNNY AND CARMEN PATTY
does/do hereby REMISE, RELEASE, DEDICATE AND FOREVER
QUITCLAIM to the City of lake Elsinore, a municipal
corporation or its assignees, any and all water rights
incidents and appurtenant to the real property located in
the City of Lake Elsinore, County of Riverside, State of
California, described as: 16850 GUNNERSON
LAKE ELSINORE,CA 92330. LOT 195, COUNTRY CLUB HEIGHTS
UNIT B, MB 17,PAGES 25 AND 26.
Dated Januarz 12, 1990
STATE OF CALIFORNIA)
Los Angel$ss
COUNTY OF 1XVIRME )
On 3anuarx 12, ,19 901 before me, the undersigned,
a Notary Public in and for said State, personally appeared
lob 1-+1 known to
me, whose names are subscribed to the within instrument and
acknowledged that they executed the same.
ss d and official seal.
OFFICIAL SEAL ESTHER P. STAHE
ESTHER P STAME
NOTARY PUBLIC - CALIFORNIA AGENDA ITEM NO.
LOS ANGELES COUNTY
My comm. expires JUL 4, 1952j PAGE O,F
Recording requested by:
CITY OF LAKE ELSINORE
A municipal corporation
When recorded, mail to:
CITY OF LAKE ELSINORE
130 South Main Street
Lake Elsinore, CA 92330
Above space for Recorder
QUIT CLAIM DEED
Water Rights
APN# 379-281-016
For a valuable consideration, receipt of which is hereby
acknowledged, Russell & Elizabeth Barter
does/do hereby REMISE, RELEASE, DEDICATE AND FOREVER
QUITCLAIM to the City of lake Elsinore, a municipal
corporation or its assignees, any and all water rights
incidents and appurtenant to the real property located in
the City of Lake Elsinore, County of Riverside, State of
California, described as: 126.52' X 60.0' - lot - 16 -
tract - 6406 - Ortega West Mobile Estates -
Address - 15136 Via Valle, Lake Elsinore, CA 92330
Dated I - S - cic
STATE OF CALIFORNIA)
40&AAJ6%.6 ) ss
COUNTY OF )
By
R!uV Barter
Bye
Eliza h: Barter'
On,19 before me, the undersigned,
ZaL�a6ryyy�Publ c in a or said ate. personally appeared
known to
me, whose names are ub ribed to the within instrument and
acknowledged that they executed the same.
Witness my hand and official seal.
OFFICIAL SEAL
CELIA RICHARDS '� �tDA ITEM NO.
NOTARY FUSL:C - CALIFORNIA '
o PRINCIPAL OFFICE IN PAGE OF
�'�� I nrteNr_c rro�ut.r
Recording requested by:
CITY OF LAKE ELSINORE
A municipal corporation
When recorded, mail to:
CITY OF LAKE ELSINORE
130 South Main Street
Lake Elsinore, CA 92330
Above space for Recorder
QUIT CLAIM DEED
Water Rights
APN# 377-050-27
For a valuable consideration, receipt of which is hereby
acknowledged, Lytle Creek Partners
does/do hereby REMISE, RELEASE, DEDICATE AND FOREVER
QUITCLAIM to the City of lake Elsinore, a municipal
corporation or its assignees, any and all water rights
incidents and appurtenant to the real property located in
the City of Lake Elsinore, County of Riverside, State of
California, described as: 29151 Riverside Drive
Northwest corner of Collier and Riverside Drive.
Grove 141 of Forest 10 of Elsinore Eucalyptus Tract,
Book 6, Page 75, Riverside County.
Dated 12-18-89 By
L tle Creek Pa tners
Terrance K. Barry, Partner
BY
STATE OF CALIFORNIA)
)ss
--%TTNTY OF RIVERSIDE)
7A TF
o COUNTY-DCALi,, 19_, before me, the undersigned,
° Dec RNt,4 4n and for said State, personally appeared
;= sai stat e"$e2., Gray known to
e ►vers 18 a --i bed to the within instrument and
J �ittya�earQd 1989 the same.
�S°n8ttyk //I rranoe�tOre Me t
roe
o d ha $ntaJ t� be pery�� �n�p a Notary p AGENDA ITEM NO.
tOf son th�r /// /// �f/� u6/i�t an
�P L �.2 a at exec �of /// / /f///`l f[� _ n d nor PAGE_ OF
d
^aT,ed creek the
NE d't and a�know Par rs Aart,
s 4V°9e /
5myhannat_. eartr5
01nP.� thepa.,_
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a Public Hearing will be held
by the City Council of the City of Lake Elsinore on the 27th day of
February, 1990, in the District Board Room, 545 Chaney Street,
Lake Elsinore, California, at 7:00 p.m., relative to the following:
PROJECT: TENTATIVE TRACT MAP 23988 _ ORTEGA PARTNERS
A subdivision consisting of 259 lots. The project
consists of approximately 72.5 acres of land.
LOCATION: The property is located northwesterly of Machado Street
at the terminus of Lincoln.
NOTICE IS FURTHER GIVEN that at said time and place, all
interested persons are invited to attend and be heard in favor of or
opposition to said matter, either orally or by written communication
to the City Council.
For further particulars, all interested persons are invited
to call at the office of the City Clerk where information regarding
this matter is on file and available for -public inspection.
I
DATE: February 8, 1990 SIGNED
CKI KASAD, CITY CLERK
PLEASE PUBLISH ON: February 14, 1990
AGENDA ITEM NO. 140 a•
PAGE OF
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a Public Hearing will be held
by the City Council of the City of Lake Elsinore on the 27th day of
February, 1990, in the District Board Roam, 545 Chaney Street,
Lake Elsinore, California, at 7:00 p.m., relative to the following:
PROJECT: TENTATIVE TRACT MAP 24618 - GEORGE WIMPEY MORRISON
HOMES
A request to subdivide 10.24 acres into 38 lots
averaging 7,260 square feet. The site is zoned R-1
(Single -Family Residential District).
LOCATION: The property is located approximately 850 feet south of
Grand Avenue, east of Grandview Avenue and west of
Ortega Highway.
NOTICE IS FURTHER GIVEN that at said time and place, all
interested persons are invited to attend and be heard in favor of or
opposition to said matter, either orally or by written communication
to the City Council.
For further particulars, all interested persons are invited
to call at the office of the City Clerk where information regarding
this matter is on file and available for public inspection.
DATE: February 8, 1990 SIGNED
VICKI KASAD, CITY CLERK
PLEASE PUBLISH ON: February 14, 1990
AGEI4DA ITEM NO.
PAGE OF_ �
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a Public Hearing will be held
by the City Council of the City of Lake Elsinore on the 27th day of
February, 1990, in the District Board Room, 545 Chaney Street;
Lake Elsinore, California, at 7:00 p.m., relative to the following:
PROJECT: TENTATIVE TRACT MAP 25442 - DOUG REUVERS & SHARON
GIBSON
A request to subdivide 3.20 gross acres into 4 lots
ranging in size from .58 net acres to .99 net acres
located in the R-2 District (Medium Density Residential
District).
LOCATION: The property is located west of Robertson Street and
north of Shrier Drive.
NOTICE IS FURTHER GIVEN that at said time and place, all
interested persons are invited to attend and be heard in favor of or
opposition to said matter, either orally or by written communication
to the City Council.
For further particulars, all interested persons are invited
to call at the office of the City Clerk where information regarding
this matter is on file and available for public inspection.
DATE: February 8, 1990 SIGNED
VICKI KASAD, C Tx CLERK
PLEASE PUBLISH ON: February 14, 1990 AGENDAITEM NO. • '
PAGE OF_.�__�.
REPORT TO THE CITY COUNCIL/REDEVELOPMENT AGENCY
DATE: February 13, 1990
SUBJECT: Tentative Tract Map 24624: Centex Homes;
request for aDDroval of a Tentative
divide 203.4 acres into 569 male family lotts.,
one open space lot of 2.3+ acrgg, and one 4_,0+
acre lot for park purposes, loSa.ted south of the
extension of Mountain Avenue and west of the
terminus of Broadway_ Avenue.
PREPARED BY: ��� APPROVED BY•
Galry Thornhill Dave derman
Planning Manage Comm. ev. Dir.
APPROVED BY:
Ron Molendyk
City Manager
BACKGROUND
The Planning Commission, on January 17, 1990, on a 4-0 vote,
recommended approval of the request. There was a substantial
amount of discussion relative to the dedication of an all
purpose trail proposed along "I" Street. The Commission
recommended adoption of Condition 50 as follows:
Condition No. 50: All attempts will be made to dedicate area
sufficient to coincide with the County's
trail system, at the beginning of the
terminus to match as closely as possible
with that trail system. A final design
and required dedication to be directed by
the Community Development Director and if
he is unable to do it then is shall come
back to the Commission.
Since the Commission hearing on this matter, staff and the
applicant met to discuss the proposed street and trail
sections, and conclude that the trail should be located
within the 80 (eighty) foot street section. Further, it is
proposed that the recreation trail be 10 (ten) feet in width
(5 (five) feet for bikepath, 5 (five) feet for sidewalk),
divided by a white painted stripe, and composed of 2 (two)
inches of asphalt base (see attached Exhibit B).
There also were numerous changes in conditions, as reflected
in the Planning Commission minutes. The most substantial
change was to Condition No. 30, requiring "I" Street to have
an 80 (eighty) foot, rather than a 75 (seventy-five) foot
right-of-way.
The City Council, on December 12, 1989, approved a General
Plan Amendment from Specific Plan/Floodway/Floodplain to Low
Density Residential for this site.
DISCUSSION
This property is located within the West Lake Elsinore
Assessment District. The Environmental Impacts associated
with the project, as well as the district itself, were
AGENDA ITEM NO.
Page 2
February 13, 1990
Subject: Tentative Tract Map 24624
Centex Homes
analyzed under EIR 88-2, which was certified by the Council
on December 12, 1989.
Staff and the applicants have met several times to address
issues of density, traffic circulation, buffering of adjacent
residential lots, and park land issues.
The most current revision, in staff's opinion, addresses the
above referenced concerns, and is compatible with surrounding
properties. The project density is 2.9 units/acre, Lincoln
("I" Street on the map), is now four lanes, and approximately
4.0 acres of land adjacent to the school site will be
dedicated for park purposes.
RECOMMENDATION
It is recommended that the City Council re -affirm
Environmental Impact Report 88-2 and approve Tentative Tract
Map 24624 base on the findings listed, and subject to the
attached Conditions of Approval.
It is recommended that the Redevelopment Agency concur with
City Council action.
Findings
1. The Tentative Tract Map complies with Goals, Policies and
Objectives of the City's General Plan and Zoning
ordinance.
2. The project, as conditioned, complies with the City's
Subdivision Standards and the State Subdivision Map Act.
3. Environmental Impact Report No. 88-2 previously certified
by the City Council, has satisfactorily addressed
anticipated environmental impacts of this Tentative Tract
Map.
4. The project, as conditioned, will be compatible with
existing and proposed development in the immediate area
and will have minimal adverse impacts on abutting
properties.
5. The proposed Tentative Tract Map, as conditioned, includes
a number of public benefits, including drainage and flood
control improvements, a public park site, an open space
dedication, a bike trail and transportation and
circulation improvements.
AGENDA ITEM NO. 3I
PAGE, OF1�
r
Planning Division:
OF APPROVAL FOR
a
TRACT MAP 24624
1. Tentative Tract Map 24624 will expire two (2) years after City
Council approval date, unless extended as provided by the State
of California Subdivision Map Act.
2. A precise survey with closures for boundaries and all lots
shall be provided, per City Ordinance.
3. Subdivider shall record CC & R's for the project prohibiting
on -street storage of boats, motorhomes, trailers and trucks,
over one (1) ton capacity. CC & R's shall also include
screening any ground mounted base disk and no roof -mounted or
front yard disk shall be allowed. CC & R's shall be subject to
the approval of the Community Development Director, or
designee, prior to recordation of any deeds or final map. CC &
R's shall be recorded prior to issuance of any Certificate of
Occupancy for the units when developed in the future.
4. House plotting, architectural drawings, floor plans,
landscaping and fences/walls shall required Minor Design Review
approval prior to issuance of building permits. All standards
of development and procedural steps in effect at the Minor
Design Review submittal shall apply for this project.
5. A combination of walls and/or fences shall be constructed
generally around the perimeter of the subdivision and also
constructed adjacent to Grand Avenue, "I" Street and adjacent
to the McVicker Canyon Flood Control Channel (Lot "A").
Precise design, materials, color and wall/fence location shall
be determined through the Minor Design Review process.
6. Applicant shall meet all Conditions of Approval prior to the
issuance of a Certificate of Occupancy and release of
utilities.
7. Applicant shall submit and receive approval of landscape and
irrigation plans for model homes (if such are desired), back-up
wall areas, street trees and slope planting in accord with the
City Landscape Guidelines, prior to issuance of building
permits. At least one (1) model home.to include a Xeriscape
landscaping theme.
8. Signage for this subdivision shall require City Permits.
9. All trailers used during construction, mailboxes and signage
shall be subject to Planning Division review and approval prior
to installation.
10. Street names within the subdivision shall be approved by the
Planning Division.
11. Prior to issuance of building permits, subdivider shall provide
assurance that all required fees have been paid to the Lake
Elsinore Unified School District.
12. Comply with all conditions of the Elsinore Valley Municipal
Water District.
13. Prior to approval of a Final Tract Map approval by the City
Council, all lots within this subdivision shall conform to the
minimum dimensional standards of the R-1 Zoning District.
14. Annexation to the City's Landscaping and Lighting District is
required prior to approval of a Final Tract Map.
15. Comply with all conditions of the Riverside County Fire Depart-
ment.
AGENDA ITEM No. - � � � _ r :: � j�-- ,`_� T��
RAGE '3 07 _ -
I
CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP 24624 CONTINUED
16. Comply with applicable environmental mitigation measures
contained in Environmental Impact Report 88-2.
a) Architectural standards shall be implemented at Minor
Design Review to minimize interior noise intrusion
and to provide exterior noise -sheltered environments.
b) The proposed project shall be consistent with all
applicable criteria outlined in the City's General
Plan, the grading standards identified in Ordinance
No. 801, grading ordinance and Ordinance No. 722,
Hillside Planned Development Overlay District.
c) The subdivision grading plan shall preserve the oak
grove area identified on Figure 33 of EIR 88-2
(Sensitive Species and Communities).
d) Native plant material shall be used for relandscap-
ing of cut and fill slopes. Slope and erosion
control plans shall be submitted and approved prior
to the issuance of grading permit.
e) The fresh water willow pond located on the southern
corner of the proposed park shall be set aside and
protected from intrusion from the local mining
operation. A single coast live oak overlooking the
pond shall also be preserved if possible, if not re-
place at a ratio of 10:1 with two year growth trees,
20:1 at one year and 30:1 if less than one year
mature.
f) All structures shall be setback a minimum of 50 feet
from all known active faults and will be designed in
accordance with the Uniform Building Code and
applicable City Codes to ensure safety in event of an
earthquake.
g) All grubbing and clearing in the area shown on Figure
39 of EIR 88-2 shall be monitored by a qualified
archaeologist. If cultural material is encountered,
the archaeologist will have the power to halt
grubbing and clearing so that the material can be
evaluated. If the material constitutes a site, a
test program will be implemented to determine
subsurface boundaries, depth and content. Depending
on the results of the test, a data recovery program
may be necessary.
h) Should a City-wide or area -wide fee program be
adopted by the City for increase in police services,
this project shall be required to participate along
with adjacent projects.
17. Interim and permanent erosion control measures are required.
Applicant shall bond 100% for material and labor for one (1)
year for erosion control landscaping at the time the site is
rough graded.
18. Prior to issuance of any grading permit or building permit,
subdivider shall sign and complete an "Acknowledgment of
Conditions" and shall return the executed original to the
Community Development Department.
Community Services
19. The City will accept Parcel "C" consisting of approximately
four (4) plus acres as a park site.
20. The developer will receive credits against park -in -lieu fees
for the park dedication with the balance of the fees being used
for park development as a turn -key (developed) park.
AGENDA ITEM N0. L J
PAGE—q C;=
C
C
OF APPROVAL FOR TENTATIVE TRACT MAP 24624 CONTINUED
21. The City will accept the up -slopes on Grand Avenue with the
Landscape Maintenance District. No other areas outside of the
road right-of-way will be accepted.
Engineering nepartment:
22. All Public Works requirements shall be complied with as a
condition of development as specified in the Lake Elsinore
Municipal Code at the time a building permit is issued.
23. Dedicate underground water rights to the City (Municipal Code,
Title 16, Chapter 16.52.030). Document can be obtained from
the Engineering Department.
24. Pay all Capital Improvement and Plan Check fees (Municipal
Code, Title 16, Chapter 16.34; Resolution No. 85-26).
25. Submit a "Will -Serve" letter to the City Engineering
Department, from the applicable water district, stating that
water and sewer arrangements have been made for this project.
Submit this letter prior to final map approval.
26. Construct all off-site public works improvements per approved
street plans (Municipal Code, Title 12). Plans must be
approved and signed by the City Engineer prior to final map
approval (Lake Elsinore Municipal Code 16.34).
27. Street improvement plans and specifications shall be prepared
by a Civil Engineer. Improvements shall be designed and
constructed to Riverside County Road Department Standards,
latest edition, and City Codes (Lake Elsinore Municipal Code
12.04 and 16.34).
28. Pay all fees and meet requirements of encroachment permit
issued by the Engineering Department for construction of
off-site public works improvements (Municipal Code, Title 12,
Chapter 12.08 and Resolution No. 83-78).
29. All compaction reports, grade certification, monument
certification (with tie -notes delineated on 8-1/2" x 11" mylar)
shall be submitted to Engineering Department before final
inspection of off-site improvements will be scheduled and
approved.
30. "I" Street from Grand Avenue to northerly tract boundary shall
have a 80 foot right-of-way with 64 foot curb -to -curb, a land-
scaped median, a 6 foot parkway on the west side and a 10 foot
parkway on the east side. The east side parkway shall have a 6
foot sidewalk the entire length and the west side parkway shall
have a 6 foot sidewalk from Grazed Avenue to the first street
north of "I -I" Court.
31. Broadway from Grand Avenue to "F" Street shall have 66 foot
right-of-way with 48 foot curb -to -curb.
32. All local streets shall have 60 foot right-of-way with 40 foot
curb -to -curb. Restricted local streets (cul-de-sacs) shall
have 50 foot right-of-way with 36 foot curb -to -curb and a 3
foot utility easement on each side.
33. No single-family lots shall have ingress or egress to collector
streets or higher volume traffic streets.
34. "I" Street from Grand Avenue to "F" Court shall have 80 foot
right-of-way and 64 foot curb -to -curb. DELETED
35. If the West Elsinore Assessment District improvements have not
been installed which will be needed for this tract, then this
developer will be required to construct the infrastructure for
circulation, utilities and flood protection as required by the
City Engineer and Riverside County Flood Control.
AGENDA ITEM NO. aL_
PACE C, = _ ,
r
CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP 24624
36. Dedicate sufficient land along Audelo for a 66 foot
right-of-way and provide improvements for one parking lane and
two travel lanes (30 feet).
37. Provide fire protection facilities as required in writing by
Riverside County Fire Department.
38. Provide street lighting and show lighting improvements on
street improvement plans as required by the City Engineer.
39. 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.
40. Contribute $1,480 towards the City's Master Entryway Sign
Program.
41. Developer shall agree to participate in and join a Mello Roos
Community Facilities District (CFD) for infrastructure
improvements and operation and maintenance for the West
Elsinore Infrastructure Improvement District. No Certificate
of Occupancy will be issued for lots sold until the West
Elsinore Improvement District has been formed.
42. Applicant shall obtain all necessary easements for off-site
grading from the adjacent property owners prior to final map
approval.
43. Applicant shall enter into an agreement with the City for
construction of public works improvements and post appropriate
bonds.
44. Hydrology and Hydraulic Study shall be submitted, reviewed and
approved by the City Engineer and Riverside County Flood
Control District prior to final map approval.
45. All major drainage facilities in this tract shall be
constructed to Riverside County Flood Control District standard
and agreement entered into with the District for construction,
ownership and maintenance.
46. Developer shall meet all conditions of Riverside County Flood
Control District for development of this site.
47. Provide Soils, Geology and Seismic reports including street
design recommendations. Provide final Soils Report showing
compliance with preliminary and finish grade certification.
48. All storm facilities shall provide tract and downstream
property owners with 100 year storm flood protection and be
approved by the City Engineer.
49. Temporary access/right-of-way shall be provided to the Bishop
parcel, and permanent access shall be provided and recorded
with the final map.
50. All attempts will be made to dedicate area sufficient to
coincide with the County's trail system, at the beginning of
the terminus to match as closely as possible with that trail
system. A final design and required dedication to be directed
by the Community Development Director and if he is unable to do
it then it shall come back to the Commission.
51. City to draft a reimbursement agreement for the oversizing of
"I" Street.
AGENDA ITEM NO.
PAGE'
Minut of Planning Commission
January 7, 1990
Page 3
TENTATIVE T MAP 23988 CONTINUED
At this time, 7:2 p.m., Commissioner Wi/al
left the table.
Chairman Brown sked if the propas on schedule for the
meeting of the 7
Planning Manager Th nlhst ed that this depends on whether
or not we can get to
!11
wi the applicant and the property
owners' representative a prior to the next meeting. There
is a meeting tentatively cheduled for Monday, January 22,
1990.
Chairman Brown info ed the p ople in:the audience present for
this item, that st f has reco nded this item be continued to
February 7th wi a possibili that it could be continued
again.
Motion by CoPcissioner Saathoff to coinue Tentative Tract Map
23988 to F ruary 7, 1990, second by C issioner Gilenson.
Approved -0 (Commissioner Wilsey absent"k4rom the table)
3. /becontinued
e Parcel Map 25157 - Bainbrid Investment, Inc. -
n Brown stated that staff has request that this item
to February 21, 1990, and a ed if there was
in the audience here for this item. Receiving no
e, Chairman Brown called for a motion.
Motion by Commissioner Saathoff to continue Tenta 've Parcel
Map 25157 to February 21, 1990, second by Co. issioner
Gilenson.
Approved 3-0 (Commissioner Wilsey absent from the table)
At this time, 7:26 p.m., Commissioner Wilsey returned to the tab
4. Tentative Tract Map 24624 - Centex Homes - Planning Manager
Thornhill presented a proposal to subdivide 203.4 acres into
589 single-family lots, generally located south of the
extension of Mountain Avenue and west of the terminus of
Broadway Avenue.
Anticipated environmental impacts for this proposal are
addressed by Environmental Impact Report 88-2 which was
certified by the City Council on December 12, 1989.
Planning Manager Thornhill stated that the Engineering
Department has requested that condition number 34 be deleted,
and condition number 30 amended to read, as follows:
Condition No. 30: "I" Street from Grand Avenue to northerly
tract boundary shall have an 80 foot
right-of-way with 64 foot curb -to -curb, a
landscaped median, a 6 foot parkway on the
west side and a 10 foot parkway on the
east side. The east side parkway shall
have a 6 foot sidewalk the entire length
and the west side parkway shall have a 6
foot sidewalk from Grand Avenue to the
first street north of "I -I" Court."
Chairman Brown opened the public hearing at 7:36 p.m. asking if
anyone wished to speak in favor of Tentative Tract Map 24624.
Mr. Mike Aller, Centex Homes, stated that they agree with the
conditions of approval; however, has not had an opportunity to
review the revised condition on the roadway width, and would
like to request that staff work with us regarding reimbursement
for that portion of the design that is over the needs of this
development.a
AGENDA ITEM NO.
PAGE OF„
r
Minutes of Planning Commission
January 17, 1990
Page 4
TRACT MAP 24624 CONTINUED
Mr. Aller stated that the exact unit count is 590, and the
density --thinks it is important to include the park site of 26
acres which is to the south of the project. Once you consider
that into our total acreage the density is reduced to 2.6
dwelling units per acre, which is below the adjacent
development.
Mr. Aller commented on condition number 16.e. pertaining to the
preservation of the single coast live oak tree, stating the
problem with the tree is that it is located directly in the
centerline of the flood control channel that the assessment
district is building. We would like this reworded that we will
replace that tree with a 10:1 ratio to be planted in the oak
grove, which is a 2.37 acre parcel, or..plant the trees in the
rectangular riparian area.
Chairman Brown asked if anyone else wished to speak in favor of
Tentative Parcel Map 24624. Receiving no response, Chairman
Brown asked if anyone wished to speak in opposition. Receiving
no response, Chairman Brown asked if anyone wished to speak on
the matter.
Mr. William Bishop, 40492 Corta Lucia, Murrieta stated that his
property touches the Centex property line for about 40 feet at
Lot #592. Concerned with the access to his property at the
southeast corner. Requested that the approval of Lots 590 and
591 be delayed until he can have discussions with Centex,
Butterfield Engineering and the Planning Division about this
access.
Chairman Brown asked if there was anyone else wishing to speak
on the matter.
Mr. Robin Johnson, 15018 Vista View, commented on the impacts
on the neighborhood pertaining to traffic and possible loss of
view.
Chairman Brown asked if there was anyone else wishing to speak
on the matter. Receiving no response, Chairman Brown closed
the public hearing at 7:45 p.m.
Commissioner Gilenson commented on the restriction of access
Mr. Bishop referred to. Considerable discussion ensued on this
access.
Commissioner Saathoff commented on the northerly extension of
"I" Street, and the need for stop signs to be placed at some of
the intersections.
Commissioner Wilsey commented as follows:
- condition number 16.e., pertaining to the oak tree, asked
about the tree planting formula used for Cottonwood Hills and
whether or not this formula could be adopted for this
proposal.
- Suggested that the developer get together with the property
owners in the area and alleviate any concerns.
- The multi-purpose trail running through the development,
recommended the following be added as as a condition:
"Project shall coordinate with the City and the Riverside
County Parks Department to construct the portion of the
recreational trail system that runs through the project."
AGENDA ITEM NO. �� �
Minutes of Planning Commission
January 17, 1990
Page 5
TENTATIVE TRACT MAP 24624 CONTINUED
Discussion ensued on the multi-purpose trail system with regard
to dedication of land, width of trail, development of design
standards, and responsibility of maintenance.
Commissioner Saathoff suggested dedication and construction of
a multi-purpose trail with approval subject to the Community
Development Director or his designee.
Commissioner Wilsey commented on the requirement for multi-
purpose trail system placed on adjacent tracts, and the need to
complete the design criteria for said trail systems.
Discussion ensued on the multi-purpose trail system with regard
to requiring dedication of land only; location of said trail;
trail system to come back before the Commission, and
elimination of the Class "A" Bike Trail for the all purpose
trail.
Chairman Brown commented as follows:
- Condition number 4, change the word "grading" to "building"
- Condition number 7, delete the words "or grading".
- Condition number 16.d., add _second sentence: "Slope and
erosion control plans shall be submitted and approved prior
to the issuance of grading permit."
- Condition number 16.e., add: "if possible, if not replace
at a ratio of 10:1 with two year growth trees, 20:1 at one
year and 30:1 if less than one year mature.
- Notification to property owners and when the last mailing
was done.
- Recommended addition of condition number 49: "Temporary
access/right-of-way shall be provided to the Bishop parcel,
and permanent access shall be provided and recorded with the
final map."
- Recommended addition of condition number 50: "All attempts
will be made to dedicate area sufficient to coincide with
the County's trail system, at the beginning of the terminus
to match as closely as possible with that trail system. A
final design and required dedication to be directed by the
Community Development Director and if he is unable to do it
then it shall come back to the Commission."
Motion by Commissioner Saathoff to recommend to City Council
approval of Tentative Parcel Map 24624 based on the Findings
and subject to the 48 Conditions of Approval listed in the
Staff Report with the following amendments:
Condition No. 4: "House plotting, architectural drawings,
floor plans, landscaping and fences/walls
shall require Minor Design Review
approval prior to issuance of building
permits. All standards of development
and procedural steps in effect at the
Minor Design Review submittal shall apply
for this project."
Condition No. 7: "Applicant shall submit and receive
approval of landscape and irrigation
plans for model homes (if such are
AGENDA ITE;ti1
P, _� �`-
Minutes of Planning Commission
January 17, 1990
Page 6
TENTATIVE TRACT MAP 24624 CONTINUED
desired), back-up wall areas, street
trees and slope planting in accord with
the City Landscape Guidelines, prior to
issuance of building permit. At least
one (1) model home to include a Xeriscape
landscaping theme."
Condition No. 16.d: "Native plant material shall be used for
re -landscaping of cut and fill slopes.
Slope and erosion control plans shall be
submitted and approved prior to the
issuance of grading permit."
Condition No. 16.e: "The fresh water willow pond located on
the southern corner of the proposed park
shall be set aside and protected from
intrusion from the local mining
operation. A single coast live oak
overlooking the pond shall also be
preserved if possible, if not replace at
a ratio of 10:1 with two year growth
trees, 20:1 at one year and 30:1 if less
than one year mature.
Condition No. 30: "I" Street from Grand Avenue to northerly
tract boundary shall have an 80 foot
right-of-way with 64 foot curb -to -curb, a
landscaped median, a 6 foot parkway on
the west side and a 10 foot parkway on
the east side. The east side parkway
shall have a 6 foot sidewalk the entire
length and the west side parkway shall
have a 6 foot sidewalk from Grand Avenue
to the first street north of "I -I"
Court."
Condition No. 34: "I" Street from Grand Avenue to "F" Court
shall have 80 foot right-of-way and 64
foot curb -to -curb. DELETE.
Condition No. 49: "Temporary access/right-of-way shall be
provided to the Bishop parcel, and
permanent access shall be provided and
recorded with the final map."
Condition No. 50: "All attempts will be made to dedicate
area sufficient to coincide with the
County's trail system, at the beginning
of the terminus to match as closely as
possible with that trail system. A final
design and required dedication to be
directed by the Community Development
Director and if he is unable to do it
then it shall come back to the
Commission."
Second by Chairman Brown with consideration by the table on
addition of condition number 51, which will read:
Condition No. 51: "City to draft a reimbursement agreement
for the oversizing of "I" Street.
Commissioner Saathoff amended his motion to include the
addition of condition number 51.
Approved 4-0
At this time, 8:30 p.m., the Planning Commission recessed.
At this time, 8:42 p.m., the Planning Commission reconvened.
AGENDA ITEM NO. Z
r
PLANNING DIVISION
REPORT TO
PLANNING COMMISSION
Public Hearing
TTM 24624
January 17, 1990
PREPARED BY: 1 APPROVED BY:
' G ry Thornhill Dave underman
Planning Manager ComW. Dev. Dir.
OWNER/APPLICANT
Centex Homes
3190 Chicago Avenue
Riverside, California 92507
REQUESTED USE
To subdivide 203.4 acres into 589 single-family lots.
SIZE AND LOCATION
203.4 acres of land generally located south of the extension of
Mountain Avenue and west of the terminus of Broadway Avenue.
SETTING
EXISTING
LAND USE
ZONING GENERAL PLAN
Project Site -
Vacant
R-1
Low Density
Residential
North -
Vacant
R-1
Low Density
Residential
East -
Single -Family
R-1
Low Density
Residential
Residential
South -
Single -Family
R-1
Low Density
Residential
Residential
West -
Single -Family
R-1
Low Density
Residential
Residential
BACKGROUND
An application for a General Plan Amendment was approved by the City
Council on December 12, 1989, for the subject site. The General
Plan designation was changed from Specific Plan and Floodway/Flood-
plain to Low Density Residential. The applicants have also filed an
application for a Tentative Map (TM 25347) for the subdivision of
833.3 acres into four (4) lots for financing and conveyance
proposes; the subject site is one of the four (4) lots considered
under this (TM 25347) request. The Planning Commission, on December
20, 1989, recommended approval of TM 25347.
This request involves one of the properties located within the West
Lake Elsinore Assessment District. Environmental Impact Report
(E.I.R.) 88-2 was prepared for the Assessment District and specific
development proposals within the district boundaries; the report
analyzes the impacts associated with the formation of the district
and the resultant improvements, the annexation of an "island" area
AGENDA ITEM +NO. _31—
PAGE
31—
PAGELOF `�
Public Hearing
TTM 24624
January 17, 1990
Page 2
of the County into the City, and the specific
(Marinita, Ortega Partners, and Centex). The City
E.I.R. 88-2 on December 12, 1989. The Assessment
reviewed by the Council but a final decision de
outcome of some of the associated residential
determined; the final assessment per unit will be
total number of residential lots within the distri
DISCUSSION
project proposals
Council certified
District has been
(erred until the
projects has been
affected by the
ct.
Staff and the applicants have had numerous meetings over the design
of the tract map and associated issues. Some of the concerns
expressed to the applicants by staff related to density, circulation
and road design issues, buffering of the site from adjacent lots,
and the dedication of land for park use.
In response to staff's concerns, the applicants have re -designed the
tract as follows:
1) The number of lots have been reduced from 618 to 589, a
reduction of 29 lots and the density has gone from 3.0
to 2.9 dwelling units/acre (d.u./acre).
2) Lincoln (north of Grand Avenue and indicated as "I"
Street on the map) has been extended to the northerly
border of the subdivision and re -designed from a two
lane (66 foot right-of-way) local road to a four lane
(75 foot right-of-way) arterial with bike lanes located
in the road.
3) The applicant proposes to dedicate approximately 4
acres of land (Lot "B") located just south of and
immediately adjacent to Terra Cotta Junior High School
for park related uses which will include a tot lot,
restrooms, storage, and parking to facilitate develop-
ment of the Terra Cotta School site. In addition, a
2.3 acre parcel (Lot "C") is proposed to be dedicated
to the City for open space.
The proposed map is consistent with the General Plan
and zoning requirements relative to density (0-6
d.u./acre). The proposed density of 2.9 d.u./acre is
less than Ortega partners (3.7) and slightly more than
Marinita (2.7).
The only other potential issue which staff has identified relates to
the 75% buffer requirement of the Zoning Ordinance. Although the
present lot configuration generally conforms to this requirement,
there are a few lots located adjacent to Tract 18719 which, in the
strict application of the 75% requirement, do not comply. However,
it should be noted that the adjacent lots in this area (Forest View
and Vista Street) are larger than the majority of lots in Tract
18719 only because of a drainage course located to the rear of these
lots. The rest of the lots in this tract are in the 7,200 square
foot range and the overall tract density is 2.95 d.u./acre. Also,
Section 17.23.060 relating to the 75% buffer criteria allows for a
"case-by-case" review by the Planning Commission and City Council to
determine adequacy; it further states that: "it is the intent of
this paragraph to set a standard, but also to allow flexibility."
It is staff's opinion that, because the density is consistent with
the adjacent tract and there are unusual circumstances which
resulted in the creation of the larger parcels in this area, the
proposed project is consistent with the intent of the buffer
provision of the ordinance.
AGENDA ITEM NO. - 3- r
PAGE OF -15- ,._
r
A
Public Hearing
TTM 24624
January 17, 1990
Page 3
Therefore, it is staff's opinion that the proposed map design and
density is compatible with the surrounding residential development
in the area, is consistent with the City's Zoning and General Plan
Standards and will result in substantial overall area improvements
relative to drainage, traffic circulation, and parks and open space.,
ENVIRONMENTAL
The anticipated environmental impacts of this proposed project were
addressed in EIR 88-2 which was certified by the City Council on
December 12, 1989. Environmental mitigation measures which are
specifically related to this Tentative Tract Map has been included
in the suggested Conditions of Approval.
RECOMMENDATION
Staff recommends that the Planning Commission recommend to the City
Council approval of Tentative Tract Map 24624 based on the following
Findings and subject to the attached Conditions of Approval.
FINDINGS
1. The Tentative Tract Map complies with the Goals, Policies and
Objectives of the City's General Plan and Zoning Ordinance.
2. The project, as conditioned, complies with the City's
Subdivision Standards and the State Subdivision Map Act.
3. Environmental Impact Report No. 88-2 previously certified by the
City Council, has satisfactorily addressed anticipated
environmental impacts of this Tentative Tract Map.
4. The project, as conditioned, will be compatible with existing
and proposed development in the immediate area and will have
minimal adverse impacts on abutting properties.
5. The proposed Tentative Tract Map, as conditioned, includes a
number of public benefits, including drainage and flood control
improvements, a public park site, an open space dedication, a
bike trail and transportation and circulation improvements.
AGENDA ITEM NO. 31
PAGE C�
1tgut lVtV:-.
JAN 2919%,, :
Planning Dept.
Dear Mr. . Molendyk ,
�b_'e�ja d�,�i Z:1�s vL .Tan, 2'_+, 19,240
Last =_urnri,e i' I attended t-wo Town Hall l l rr,eet. i n -:3s that- the c i t•v
oraanized. The purpose was to h;t%/e coriiriunit•i/ input. for the
general l plan . These meet• i nqs were well attended with t•he re-
quests and concerns � tf area residents addressed.
I ' m interested in the south -.•.!est- End � �f Lai -.:t Elsinore, speci-
fically
peci-
fically north t.h � �f Machado =_ t- . This area consists primarily of
developed 112 to 1 acre lets. Mvself as well as other area
residents • have strived t.� � keepthis area conforming orming with pro-
perties all e'ad�y deve�l� �pe'd . Wle. rl.al lie ,�,e must• corllr--r� mise . An
acceptable alternative would be larger lots i in the perimeter
of the proposed tracts, For e:=;:ar-Iple, the approved Premier tract.
and upcoming Withrow tract. Beth of these tracts are accori,ada-
ting ca. recreational trail that tt-tis corfirfiunit`v is in dire need of
Proposed tract. thedensit.•y is too high. Proposed Cent•e:
tract covers over ca. portion of recently approved, Oct. '29,
regional recreational trail. This project did not address it. at.
all. If tt-tis -was an vr.rsir_iht.. it. r_eDu1d ha -ye been too cost•ly to
the corfirfu-nit-v. Ncmki, when properties etre beinci developed is the
time to accluir+= our recreational are;ts-
C-it•v Manager, Councilmen.. r-`larvning r:orfmissioners, and r-la.nn_rs
please con=_.ider and give direct. attention to our re'a+aest.s .
You
Truly,
C/�` �
Pam Erise
r
1 S 114'_1
Larson ,n Rd .
Lake
Elsinore, Ca -'912--l"'(0 :
x:71 .f i
674-98'1 S
cc to abcove mentioned
AGENDA ITEM U0.31—
PAW � OF�
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AGENDA ITEM NO, s'____
PAGE
OF-
REPORT TO THE CITY COUNCIL
DATE FEBRUARY 13, 1990
SUBJECT: Recovery of Expenditures
for the demolition o
107 North Scrivener
PREPARED BY: APPROVED BY -
Kevin Shear Dave Gu erman
Building & Safety Commun' y Development
Manager • Director
APPROVED BY:(4�4A Molendyk
City Manager
BACKGROUND:
Pursuant to City Ordinance 797 and the State Health and
Safety Code for the abatement of substandard buildings, the
structure at 107 North Scrivener has been demolished by a
demolition contractor and with the permission of the
property owner.
DISCUSSION•
Per City Ordinance a hearing on the Statement of Expense for
the demolition of the structure is to be held and the City
Council is to determine the method of payment for the
recovery of the expenditures.
There are two methods of payment the City Council can
approve in the hearing to recover the cost of the abatement.
The first method is to make the charges a personal
obligation of the property owner and direct the City
attorney to collect using appropriate legal remedies. The
second way is for the Council to make the charges a special
assessment and place a lien against the property and order
said assessment recorded on the assessment roll -in behalf of
the City.
FISCAL IMPACT•
The fiscal impacts are as follows:
1. Contractor's costs for demolition $4,000.00
2. Building Department administrative
cost $ 195.00
3. Administrative services cost (9%) $ 360.00
TOTAL $4,555.00
RECOMMENDATION•
It is recommended that the City Council confirm the cost of
the abatement and authorize the Administrative Services
Director to place a special assessment and/or a lien on the
property to recover all pertinent costs and interest accrued
thereon.
AGENDA ITEM NO. 3)%
PAGE 1 OF...
STATEMENT OF EXPENSE
for the abatement of
107 North Scrivener Street
Contract to demolish structures
Building Department administration
cost
Administrative Services cost (9%)
Date:
Signed By:
$4,000.00
$ 195.00
$ 360.00
$4,555.00
AGENDA ITEM NO. 3a.
PAGE 2 OF
yl -
J. B.J. COMPANY
22141 LOPEZ STREET
PERRIS, CA 92370
UC. NO. C21-257716 (714) 657-9144
City of Lake Elsinore
130 S. Main Street
Lake Elsinore, Ca. 92330
N4, 2155
Jan. 2 -90
t
T�
INVOICE DATE
OUR ORDER NO.
CUSTOMER ORDER NO.
SALESMAN
TERMS
1-2-1990
Contract
Completion Net
DATL SNIPPED
SNIPPED VIA
SNIPPED ,
El
PREPAID COLLECT
CPV ANYITI'%VNi7i
- - -_ - ' D
Job. 107 Scrivener Street Lake Elsinore
_
north--
Demolish as per contract ----------------
$ 4,000.00
17/2 an !wo 1-1
$ 4,000.00
AGENDA ITEM NO. 31 -
PAGE 3 OF, 3
REPORT TO CITY COUNCIL
DATE: FEBRUARY 13, 1990
SUBJECT: ACQUISITION OF PROPERTY FOR CONSTRUCTION
OF STORM DRAIN IMPROVEMENTS, TRACT 19344
PREPARED BY: APPROVED BY:
Z A
RON KIRCHNER RON O ENDYK
DIRECTOR OF PUBLIC SERVICES CITY MANAGER
BACKGROUND
The conditions of approval for the Serenity Tract (No. 19344)
requires the developer to construct certain storm drain improvements
to service that sub -division and adjacent areas. The plans have been
approved and right of way needs established, some of which lie
outside the tract boundaries.
SUMMARY
The developer is obligated to secure the needed land for improvements
outside the tract. If he is unsuccessful in doing so, the City then
may acquire the property by eminent domain. The developer has been
negotiating with the affected property owners for several months but
is unable to reach an agreement, and has requested the City to assist
in this acquisition.
FINDINGS
This is the time and place for the Public Hearing on the matter of
the adoption of a Resolution of Necessity to acquired subject
property by eminent domain.
FISCAL IMPACT
All expenses for land costs and related expenses are paid by the
developer. There are no direct costs to the City.
1. Receive and consider all testimony presented at Public Hearing.
2. Adopt the Resolution of Necessity. (Exhibit A)
AGENDA ITEM NO.
PAGE _1___ OF. f
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, RIVERSIDE COUNTY,
CALIFORNIA, DESCRIBING A CERTAIN PROJECT;
MAKING A STATEMENT OF THE PUBLIC USE FOR
WHICH CERTAIN PROPERTIES TO BE TAKEN AND
REFERENCE TO STATUTORY AUTHORITY TO ACQUIRE
SAID PROPERTY BY EMINENT DOMAIN; DESCRIBING
THE GENERAL LOCATION AND EXTENT OF SAID
PROPERTY TO BE TAKEN; DECLARING FINDINGS
AND DETERMINATIONS ON THE PUBLIC INTEREST
AND NECESSITY FOR SAID PROPERTY;
AUTHORIZING AND DIRECTING EMINENT DOMAIN
PROCEEDINGS TO BE COMMENCED IN SUPERIOR
COURT TO ACQUIRE SAID PROPERTY INCLUDING
APPLICATION FOR POSSESSION OF SAID PROPERTY
PRIOR TO JUDGMENT; AND MAKING OTHER
DETERMINATIONS
WHEREAS, the City of Lake Elsinore is a public entity
organized and existing pursuant to the laws of the State of
California; and,
WHEREAS, the City Council of the City of Lake Elsinore
intends to undertake a certain project for public purposes; and
WHEREAS, in order to accomplish said project, the City
Council believes that it is necessary to acquire by eminent domain--
certain
omain
certain property, hereinafter collectively called "subject
property"; and,
WHEREAS, pursuant to Section 1245.235 of the Code of Civil
Procedure, the City Council has fixed a time and place for the
public hearing on the matters referred to in Section 1240.030 of
the Code of Civil Procedure; and,
WHEREAS, the City Council has given each person who owns or
claims a right in said subject property proposed to be acquired by
eminent domain and whose name and address appears on the last
Equalized County Assessment Roll noticed, a reasonable opportunity
AGENDA ITEM NO. -33
PAGE OF.�._
1
J
to be heard in the time, form and manner required by Section
1245.235 of the Code of Civil Procedure; and,
WHEREAS, the City has complied with the requirements of
Government Code Section 7267.2 in making a fair market value offer
to acquire subject property; and,
WHEREAS, at said public hearing, the City Council did hear
and consider all testimony, written and oral, to the matters
referred to in Section 1240.030 of the Code of Civil Procedure:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1.
correct.
Cae-t i nn 7 _
That the above recitals are all true and
That said subject property be taken by
eminent domain is for a public use, to -wit:
Acquisition of property for the construction of
certain flood control facilities.
HEREINAFTER called "Project"; and,
Section 3. That the City is authorized and empowered to
commence eminent domain proceedings to acquire said subject
property pursuant to the eminent domain law, being Title 7, Part
III of the Code of Civil Procedure.
becz1on 4. That a description of L1le yer,eiai iiv�:o�iva
and extent of said subject property to be taken by eminent domain
is set forth on Exhibit "A", attached hereto and made a part
hereof.
5►Z
AGENDA ITEM NO.
PAGE �_ OF
Section 5. That this City Council does find, determine
and declare as follows:
(a) That, to the extent acquisition of said subject
property results in a remnant, said remnant shall be acquired by
eminent domain herein, pursuant to Section 1240.410 of the Code of
Civil Procedure;
(b) That, to the extent that said subject property or
interest therein is already appropriated to a public use, the
proposed use for the subject property will not unreasonably
interfere with or impair the continuance of said public use as it
presently exists or may reasonably be expected to exist in the
future, pursuant to Section 1240.510 of the Code of Civil
Procedure; and
(c) That, to the extent said subject property or interest
therein is already appropriated to a public use, the use proposed
herein is a more necessary public use than that use to which said
subject property is presently appropriated, pursuant to Section
1240.610 of the Code of Civil Procedure, or, in the alternative,
the use proposed herein is a compatible public use which will not
unreasonably interfere with the continuance of the existing public
use, pursuant to 1240.630(a) of the Code of Civil Procedure.
Section 6. That this City Council does hereby further
find, determine and declare as follows:
(b) That said Project is planned or located in the manner
that will be most compatible with the greatest public good and the
least private injury; and
-3-
AGENDA ti F -m VdO.
7
PAGE �F ��
1 r... ..a. �. li .� �...
+••.. .moi .^...�.� .. i.�i
rcq��+/
LaLL�.J�itj ,. .• �.L•�.
Project;
(b) That said Project is planned or located in the manner
that will be most compatible with the greatest public good and the
least private injury; and
-3-
AGENDA ti F -m VdO.
7
PAGE �F ��
1
1
J
(c) That said subject property sought to be acquired is
necessary for said Project.
Section 7. That Harper & Burns, Attorneys for the City
Vl LCjIC 1'+101a....a.. Z:�:i....rZ ...... .,saga.... ..♦:.,. t.li�... ...4 V .+u•...,.,..
an action in the Superior Court of the State of California, for
the County of Riverside, in the name and on the behalf of the
City, against those persons who appear on record or who are known
to have a claim or interest in said subject property described in
the Exhibit "A", for the purpose of acquiring said subject
property by eminent domain for the public use described herein and
to make application for possession of said subject property prior
--to Judgment.
Section 8. That the officers of the City are hereby
authorized and directed to withdraw necessary sums to deposit with
the Superior Court as the probable compensation that will be
awarded in the eminent domain proceedings to acquire said subject
property described in Exhibit "A".
IXIM
AGENDA ITEM,
PAGE OF�
1
1
J
Section 9. That the officers of the City are hereby
authorized and directed to take any appropriate action consistent
with the purposes of this Resolution.
iat i1—%vLL 2314'D A'% u..w"'PT1: 71111V
LacsY GL ---- -
ATTEST:
VICKI LYNNE KASAD
City Clerk
CITY OF LAKE ELSINORE
APPROVED AS TO FORM:
HARPER & BURNS
JOHN R. HARPER
City Attorney
CITY OF LAKE ELSINORE
JAMES WINKLER, Mayor
CITY OF LAKE ELSINORE
-5-
AGENDA
ITEM NO..�C�--
PAt OF
1
J
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE
I. CITY CLERK of the City
of Lake Elsinore, California, DO HEREBY CERTIFY that the foregoing
Resolution, being Resolution No. was duly
passed, approved and adopted by the City Council, approved and
signed by the Mayor, and attested by the City Clerk, all at
the meeting of said City Council held on the
day of , 198 and that the same was
passed and adopted by the following vote:
AYRES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
EXECUTED this day of
at Lake Elsinore, California.
[SEAL]
(LE#13/Reso2/p.1-6)
C'1 Prk
City of Lake Elsinore
State of California
198
AGENDA ITEM NO. 33.
PAGE pr- 7
REPORT TO THE CITY COUNCIL
DATE: February 13, 1990
SUBJECT: Adoption of ordinances for Uniform
Building Code 1988 Edition; Uniform
Housina Code 1988 Edition; Uniform Code
For The Abatement of Dangerous Building
1988 Edition; Uniform Plumbings Code 1988
Edition; Uniform Plumbing Code 1988
Edition; Uniform Mechanical Code 1988
Edition; Uniform Fire Code 1988 Edition;
National Electrical Code 1987 Edition;
Uniform Swimming Pool. Stia and Hot Tub
Code 1988 Edition.
PREPARED BY• APPROVED BY:
Dave G erman Ron Molendyk
'
Communy Development City Manager
Director
Every three years the Uniform Codes are updated with changes and
published by the International Conference of Building Officials.
Also, the state adopts the Building Codes for enforcement on
residential occupancies and other state regulated occupancies.
To keep residential and commercial occupancies on the same
editions of the Building Codes the City needs to adopt a
complete new code package.
DISCUSSION
The 1988 Uniform Building Code, 1988 Uniform Housing Code, 1988
Uniform Plumbing Code 1988 Uniform Mechanical Code, and 1987
National Electrical Code are all State mandated to be enforced
by the local jurisdiction and became effective on January 1,
1990. State mandated codes do not have an administrative
provision adopted, each jurisdiction adopts its own
administrative provisions. See Exhibit A for a breakdown of
code changes to the body of each code. The proposed changes are
Staff's recommendation and are due to local conditions, with
some additions and clarification to code sections. In addition
the Staff has proposed the administrative provisions to each
code be done uniformly.
It is recommended that City Council adopt the attached
Ordinance.
AGENDA ITEM NO. 3a.
PAGE OF r�
EXHIBIT A
PROPOSED CHANGES TO EACH CODE
I. Uniform Building Code: Adding erosion control measures.
proposed changes to each code
2. Uniform Housing Code: Setting -up procedure in
accordance with State law.
3. Uniform Code For The Abatement Of Dangerous Building:
Setting -up procedure in accordance with State law
4. Uniform Plumbing Code: Clarify the use of ABS and PVC
in commercial buildings.
5. Uniform Fire Code: Designate the City Manager or his
authorized representative as Fire Chief.
6. National Electrical Code: Restricting the use of romex
and aluminum wire in commercial buildings.
7. Uniform Swimming Pool, Spa and Hot Tub Code: Adding
fencing requirements.
8. Uniform Mechanical Code: No changes to body of code.
AGENDA ITEM NO.
PAGE•_ = ._. OF
ORDINANCE NO. W�
AN ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, REPEALING ORDINANCE NUMBER'S 799; 797;
798; 795; 796; 800; 794; 802 AND ADOPTING BY
REFERENCE THE FOLLOWING CODES WITH CERTAIN
AMENDMENTS, DELETIONS AND ADDITIONS THERE TO:
UNIFORM BUILDING CODE 1988 EDITION; UNIFORM HOUSING
CODE 1988 EDITION; UNIFORM CODE FOR THE ABATEMENT OF
DANGEROUS BUILDING, 1988 EDITION; UNIFORM PLUMBING
CODE 1988 EDITION; UNIFORM MECHANICAL CODE 1988
EDITION; UNIFORM FIRE CODE 1988 EDITION; NATIONAL
ELECTRICAL CODE 1987 EDITION; UNIFORM SWIMMING POOL,
SPA AND HOT TUB CODE, 1988 EDITION.
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
1. That pursuant to provisions of Health and Safety Code
Section 17958.5 it is determined that the amendment to the
Uniform Codes in this ordinance are reasonably necessary because
of local climatic, geological, topographical or other condition.
Therefore, the City Council of The City Of Lake Elsinore does
ordain as follows:
SECTION ONE:
Ordinance Number's 799, 798, 795, 796, 800,
794, 802
ARE HEREBY REPEALED
SECTION TWO:
The following listed codes with amendments,
additions and deletions thereto are adopted by
reference:
Uniform Building Code, 1988 Edition, including
appendix chapters 7, 11, 23, 32,49,55,57,70
and Exhibit "A", attached thereto.
Uniform Housing Code, 1988 Edition including
Exhibit "A" attached thereto..
Uniform Code For The Abatement Of Dangerous
Building, 1988 Edition including Exhibit "A"
attached thereto.
Uniform Plumbing Code 1988 Edition including
Appendix A through D and Exhibit "A" attached
thereto.
Uniform Fire Code 1988 Edition including
Exhibit "A" attached thereto.
National Electrical Code 1987 Edition,
including Exhibit "A" attached thereto.
Uniform Swimming Pool, Spa and Hot Tub Code,
1988 Edition including Exhibit "A" attached
thereto.
Uniform Mechanical Code 1988 Edition,
including Exhibit "A" attached thereto.
SECTION THREE:
Copies of the codes referred to herein above, with
all amendments deletions and additions thereto, are on
file with the City Clerk and are open to public
inspection.
r
AGENDA ITEM NO.
PAGE_ OF _
SECTION FOUR:
This ordinance shall take effect as provided by
law.
INTRODUCED AND PASSED UPON FIRST READING this
day of 1990, upon the following roll call
vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTENTIONS: COUNCILMEMBERS:
PASSED, APPROVED AND ADOPTED UPON THE SECOND
READING this day of , 1990, upon the
following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTENTIONS: COUNCILMEMBERS:
ATTEST:
Jim Winkler, Mayor
APPROVED AS TO FORM:
Vicki L. Kasad, City Clerk John R. Harper, City Attorney
( SEAL)
AGENDA ITEM NO.
PAGE
UNIFORM BUILDING CODE
1988 AMENDMENTS
SECTION 205 is amended by adding the following paragraph at the
end of said section to read as follows:
Any person, firm, or corporation violating any of
the provisions or failing to comply with any of the
mandatory requirements of the ordinances of Lake
Elsinore shall be guilty of a misdemeanor. Any person
convicted of a misdemeanor under the ordinances of Lake
Elsinore shall be punished by a fine of not more than
five -hundred dollars, or by imprisonment not to exceed
six months, or by both such fine and imprisonment.
Each such person shall be guilty of a separate offense
for each and every day during any portion of which any
violation of any provision of the ordinances of Lake
Elsinore is committed, continued, or permitted by any
such person, and he shall be punished accordingly.
SECTION 304 (b) the first sentence is amended to read as follows:
The fees for each permit shall be as set
pursuant to Chapter 3.32 of the Lake Elsinore
Municipal Code.
SECTION 7007 (b) the second sentence is amended to read as
follows:
Fees set pursuant to Chapter 3.32 of the Lake
Elsinore Municipal Code.
SECTION 7007 (c) the first sentence is amended to read as
follows:
A fee for each grading permit shall be as set
pursuant to Chapter 3.32 of the Lake Elsinore
Municipal Code.
SECTION 7011 (a) is amended by adding the following paragraph at
the end of said section, to read as follows:
When two or more lots are graded and cut or
fill slopes occur adjacent to the lot line
the top line of the slopes shall be located
at the lot line. The toes of all slopes
shall be setback a minimum of two feet from
the property line or public right-of-way.
AGEt%'tDA ITEM NO, 3.�
PAGE d OF-&-
_
SECTION 7016 temporary erosion control is added to read as
follows:
A. Section 1716 Plans. Separate plans for
temporary drainage and erosion control
measures to be used during the rainy season
shall be submitted prior to October 1. The
control devices shown on said plans shall be
installed no later than October 15, and
maintained in operable condition until April
15. These plans shall provide the following:
1. Temporary soil stabilization measures
shall be installed on graded slopes
exceeding a three -to -one ration and/or
10 feet in height.
2. Desilting facilities shall be provided
at all drainage outlets from the graded
site, designed for the 25 -year, 6 hour
storm intensity. They must be detailed
on the plans. Design and specific
recommendations shall be submitted for
the following:
(a) Desilting basin volume based on
gradient and nature of soils.
(b) The extent of all graded areas and
identification of any temporary
soil stabilization measures.
(c) Size of desilting basin outlet pipe
and over -flow.
(d) Dike requirements. Minimum wall
width, slope of walls, percent of
compaction, etc.
3. The following notes shall be placed on the plans:
(a) In case of emergency, call
(responsible person)
at
(24 - hour number)
(b) The undersigned civil engineer will
supervise erosion control and certify
that work is in accordance with the
approved plans.
(signature, reg. #, expiration date)
(name - printed) (dated)
4. Indicate on the plan which streets will be paved
and which drainage devices will be completed by
October 15.
AGENDA ITEM No. 3L
PAGE_ OF" �_
5. Placement of devices to reduce erosion damage
within the tract is left to the discretion of
the engineer. These devices, if any, must be
shown on the plan because their presence will
affect the required capacity of the desilting
basin.
6. Outlet conditions from the desilting basin shall
not exceed downstream limitations, with the
exception of overflow which is to be designed to
provide capacity of 1.5 time the maximum design
flow.
B. Temporary Erosion Control Measures
1. The permittee shall keep a standby crew for
emergency work available at all times during the
rainy season necessary materials shall be
available on-site and stockpiled at convenient
locations to facilitate rapid construction of
temporary devices or to repair any damaged
erosion control measures when rain is imminent.
2. Devices shall not be moved or modified without
the approval of the Building Official or, in an
emergency by the person responsible for grading
operations.
3. All removable protective devices shown shall be
in place at the end of each working day when the
five-day rain probability forecast exceeds 40
percent. Forecasts shall be received from
broadcasts provided by the United States Weather
Service.
4. After a rainstorm, all silt and debris shall be
removed from check berms and desilting basins
and the basins pumped dry. Any graded slope
surface protection measures damaged during a
rainstorm shall also be immediately repaired.
Failure to provide effective maintenance may
result in penalties as provided per Section 205.
5. Fill slopes at the tract perimeter must drain
away from the top of the slope at the conclusion
of each working day.
6. At least one guard shall be posted on the site
whenever the depth of water in any device
exceeds eighteen inches. Additional guards may
be required as deemed necessary by the Building
Official.
7. After a rainstorm, all silt and debris shall be
removed from public drains and pipes, and from
drains and pipes of adjacent properties.
C. Subsequent Rainy Seasons. For projects extending into
subsequent rainy seasons, new temporary drainage and
erosion control plans shall be submitted. These plans
shall comply with all requirements in Section 1716 (A)
and (B).
AGENDA ITEM NO. _JLLJ�
��L OF -_,_,(r _
UNIFORM HOUSING CODE 1988 AMENDMENTS
SECTION 202 is amended to read as follows:
All building or portions thereof which are determined to
be substandard as defined in this code are hereby
declared to be public nuisances and shall be abated by
repair, rehabilitation, demolition or removal in
accordance with the procedure specified in Chapter 17 of
this code.
SECTION 204 is amended by adding the following paragraph at the
and of said section to read as follows:
Any person violating any of the provisions or failing to
comply with any of the mandatory requirements of the
ordinances of Lake Elsinore shall be guilty of a
misdemeanor. Any person convicted or a misdemeanor
under the ordinances of Lake Elsinore shall be punished
by a fine of not more than five -hundred dollars, or by
imprisonment not to exceed six months, or by both such
fine and imprisonment. Each such person shall be guilty
of a separate offense for each and every day during any
portion of which any violation of any provision of the
ordinances of Lake Elsinore is committed, continued, or
permitted by any such person and he shall be punished
accordingly.
CHAPTER 11 IS DELETED.
CHAPTER 12 IS DELETED.
CHAPTER 13 IS DELETED.
CHAPTER 14 IS DELETED.
CHAPTER 15 IS DELETED.
CHAPTER 16 IS DELETED.
CHAPTER 17 - ABATEMENT OF SUBSTANDARD AND UNSAFE BUILDINGS.
Chapter 17 is added to read as follows:
CHAPTER 17
ABATEMENT OF SUBSTANDARD AND UNSAFE BUILDINGS
Section 1701: Statement of Intent Upon finding any building
to be in this category, the Building Official shall notify the
owner of record as indicated on the Riverside County Tax
Assessors Records, of the intent of the City in condemning the
building, also advising the owner, that a Preliminary Title
Report has been ordered to determine who the concerned parties
are, the cost of which will be assessed against the property
owner. If the owner does not respond within 15 days from receipt
of this statement, the Building Official shall proceed to the
next step.
Section 1702: First Notice The Building Official, upon
determining that a building or structure is unsafe or substandard
shall give a written notice of defects to all parties concerned
in the manner hereinafter stated. The notice shall specify the
conditions which render the building or structure unsafe or
substandard and if, in the opinion of the Building Official, such
conditions can be corrected by repair, the notice shall state the
work that is necessary to repair or rehabilitate the building or
structure. The notice shall require the owner to obtain all
necessary permits from the Department of Building and Safety and
AGENDA ITEM NO. 34
PAGE OF
to correct or abate the unsafe or substandard conditions, either
by repair, demolition or removal within 30 days after the date of
notice. If a building is encumbered by a mortgage or deed of
trust of record, and the owner of the building shall not have
complied with the order on or before the expiration of 30 days
after the mailing and posting of the notice, the mortgagee or
beneficiary under the deed of trust may, within 15 days after the
expiration of the 30 day period, comply with the requirements of
the notice.
Section 1703: Manner of Giving Notice The Building Official
shall post a copy of the notice of defects in a plainly visible
place on the building or structure and he shall send a copy, by
registered or certified mail, postage prepaid, return receipt
requested, to the owner of the land on which the building or
structure is located, as such person's name and address appears
on the last County equalized assessment roll, and to each
mortgagee or beneficiary under any deed of trust, that is of
record; to the holder of any lease that is of record, and to the
record holder of any other estate or interest in the building or
structure or the land upon which such building or structure is
locat�.d, at the last known addresses of such interest holders.
If the address of any such person is unknown, that fact shall be
stated in the copy so mailed and it shall be addressed to the
person at the country seat. Service by mail shall be deemed
completed at the time of deposit in the mails. The Building
Official shall file a copy of the notice of defects in the
Building Department files along with an affidavit certifying to
the persons, date and manner in which such notice was given. He
shall also thereafter file any receipt cards which are returned
to him acknowledging receipt of the notice. The failure of any
owner or other persons to receive such notice shall not affect in
any manner the validity of any proceedings taken hereunder.
Section 1704: Order to Vacate Whenever, in the opinion of
the Building Official, extreme and imminent hazard exists, he
shall give written notice ordering the occupants of any such
building to immediately vacate and, in the event compliance with
the order is not voluntarily and promptly obtained, he shall
request the law enforcement agency having jurisdiction to effect
such a vacation or forthwith take such action at law as is
required to cause the premises to be vacated. A copy of the
order to vacate, which shall include the reasons for the order,
shall be posted on the building and mailed to all concerned
parties and filed in the Building Department files in the same
manner as the notice of defects. Upon giving such order to
vacate, the Building Official shall cause to be posted at each
entrance to the building a notice to read: DANGER - THIS
BUILDING UNSAFE FOR OCCUPANCY - DEPARTMENT OF BUILDING AND SAFETY
- CITY OF LAKE ELSINORE, such notices shall remain posted until
the required repair, demolition or removal are completed. Such
notice shall not be removed without written permission of the
Building Director and no person shall enter the building except
for the purpose of making the required repairs or the demolition
of the building, without the written permission of the Building
Director.
Section 1705: Notice of Public Nuisance Whenever the first
notice of defects has been given, the Building Official shall
record in the office of the County Recorder of Riverside County,
a notice that an administrative proceeding has been commenced for
the abatement of a Public Nuisance, describing the real property
affected and stating that the costs incurred therein may become a
lien on said property, and directing inquiry for further details
to his office, giving the address thereof.
AGENDA iT-EMI
PAGE Cr~[f
Section 1706: Appeal Any person entitled to service under
this ordinance may appeal the proceedings by filing a written
appeal on a form furnished by the Building Official within 30
days of receipt of the first notice. Failure to do so
constitutes a waiver of the owners right to a hearing and
adjudication of the notice or any portion thereof.
(1) Upon receipt of any appeal the Building Official
shall set a hearing date to be not less than 10
days or more than 60 days from the date the appeal
was received.
(2) The Building Official upon setting the hearing
date of the Appeals Board, shall notify the
appellant/s at the address shown on the Appeal, of
the date, time and place the hearing will be held.
This notification shall be given not less than 10
days prior to the hearing date.
(3) Except for Orders to Vacate made pursuant to
Section 2(e) of the Ordinance, enforcement of any
notice issued under this ordinance shall be stayed
pending the outcome of any appeal properly and
timely filed.
Section 1707: Hearing At the time fixed in the notice, the
Board of Appeals shall proceed to hear the testimony of the
Building Official, and the owner of the building or structure or
his representative if present at said hearing, and other
concerned parties who may desire to testify, regarding the
condition of the building or structure, the estimated cost of
reconstruction, repair or removal, and any other relevant matter.
Upon the conclusion of the hearing, the Board shall make it's
decision and, in the event that it so concludes, it may declare
the building or structure to be a nuisance and direct the owner
to abate the same by having the building or structure properly
reconstructed or repaired, or by having it razed or removed, and
further notifying the owner that if said nuisance is not abated
within 30 days after posting and mailing of the Board's decision,
the building or structure will be razed or removed by the City of
Lake Elsinore and the expense thereof shall be a lien on the lot
or parcel of land upon which the building or structure is
located, or made a personal obligation of the property owner.
(1) At any time within ten days after the Board's
decision directing the abatement of a nuisance,
the Building Official shall post a copy of the
Board's decision the building or structure and
mail copies thereof to all parties concerned in
the same manner as the first notice, and he shall
file an affidavit thereof in the Building
Department files, the Board may grant any
extension of time to abate said nuisance that it
may deem justifiable upon good cause being shown.
Section 1708: Time to Bring Action Unless the owner or
holder of an interest of record brings an action in a court of
competent jurisdiction within 30 days after the date of mailing
and posting on said premises of the notice of the decision of the
Board, contesting the validity of any proceedings leading up to
an including the decision of the Board, all objections to the
proceedings and decision will be deemed to have been waived.
AGENDA (TES,! NO, _1
PAGE -.L OF�,
Section 1709: Second Notice If the order of the Building
Official in the first notice is not complied with within 45 days
after giving notice and no appeal has been filed the Building
Official shall give a second notice to all parties concerned by
posting and mailing in the same manner as the first notice. The
second notice shall entitled "Notice to Abate Nuisance" the
notice shall direct the owner of the building or structure to
effect all necessary abatement within 30 day from receipt of the
second notice or show cause why such building or structure should
not be condemned as a nuisance and abated as wherein provided.
The failure of the owner or any other person to receive such
notice shall not affect in any manner the validity of any
proceeding taken hereunder.
Section 1710: Jurisdiction to Abate Thirty days after the
mailing and posting of the Board of Appeals decision or the
second notice, the City shall have jurisdiction to abate such
nuisance by razing or removing the building or structure unless
within the 30 day period an extension of time is granted by the
Board of Appeals. In the event that the nuisance is not abated
within the prescribed time, the City may thereupon raze and
remove the building or structure as herein after described under
it's direction and supervision.
Section 1711: Method of Abatement Abatement of all
buildings or structures under the direction and supervision of
the City pursuant to the provisions of this ordinance shall be
done in the following manner:
(1) If in the event the nuisance can be abated by
repair or rehabilitation, the Building Official
may employ such architectural or engineering
assistance on a contract basis as he may deem
reasonably necessary to prepare plans and
specifications to facilitate said repair or
rehabilitation.
(2) Actual work to be done whether it be repair and
rehabilitation or demolition and removal, shall be
accomplished by private contract. A minimum of
three (3) bids shall be received from reputable
licensed contractors prior to contacting for work
to be done. The lowest bidder shall be awarded
the contract.
Section 1712: Cost Recovery Repair or demolition cost
recovery shall be accomplished in the following manner:
A. Demolition Account Establishment and Maintenance.
(1) The City Council hereby establishes a special
account designated as the Repair and
Demolition Account. The Finance Director is
authorized to pay from said account all such
costs and expenses incurred pursuant to the
provisions of this ordinance upon the demand
of the Building Director.
(2) The City Council is establishing said account
authorizes the Finance Director to transfer
from the General Fund of the City such
amounts as necessary on a loan basis to the
Repair and Demolition Account to defray costs
incurred for repair or demolition. All
proceeds collected as herein after provided
for shall be paid to the Finance Director who
shall credit the same to the Repair and
Demolition Account and there -from credited to
repay the loan from the General Fund of the
City.
AGENDA ITEM NO. _
PAGE_ OF
B. Statement of Expense. The Building Official shall keep
a complete and accurate account of all costs incurred
in the performance of any work pursuant to the
provisions of this ordinance.
(1) A verified statement of expense showing the
gross and net expense of the work performed
and all other costs shall be given to the
City Clerk who shall schedule it for City
Council consideration to set a hearing date.
The date, time, place, and purpose of the
hearing shall be published once in a local
newspaper.
(2) The Building Official shall cause, to be
posted conspicuously on the property from
which the building or structure was razed and
removed or repaired and rehabilitated, a
verified copy of the statement of expense
given to the City Clerk, together with a
notice of the date, time, and place, where
and when the statement shall be heard by the
City Council. Posting and mailing of the
statement and notice shall be not less than
ten (10) days prior to the date set for
hearing the statement. A copy of the
statement and notice shall be accomplished in
the same manner as is prescribed for the
first notice.
C. Hearing on Statement of Expense. At the time fixed for
the hearing on the statement of expense the City Council
shall consider the statement, together with any
objections or protests which may be raised by the
property owner or other concerned parties. The Council
may make any such revision, correction or modification
in the statement as it may deem just, and thereafter
shall render it's decision on the statement. The
Council's decision on the statement and on all protests
and objections which may be made shall be final and
conclusive. The City may continue any hearing provided
for herein from time to time. Upon the close of a
hearing the Council shall render it's decision not later
than fifteen (15) days thereafter.
D. Method of Payment for Cost Recovery. Shall be
determined by the City Council as a part of the decision
rendered in the hearing of the statement of expense.
(1) The Council may make the charges a personal
obligation of the property owner and direct the
City Attorney to collect the same using all
appropriate legal remedies.
(2) Or the Council may order the charge to be made a
special assessment and lien against the property
involved and order said assessment recorded on the
assessment roll in behalf of the City.
a) The City Council, in it's discretion may
make the special assessment payable in
equal annual installments and if said
installments shall bear interest, the
rate thereof shall be established by
resolution prior to recordation of the
assessment.
AGENDA ITEM NO.
PAGE� �)
OF �`
E. Payment and Recordation of Lien. All concerned parties
shall be notified of the City Council decision of the
hearing in the same manner as the first notice and shall
be given opportunity to pay said charges. If payment is
not received within ten (10) days after receipt of the
Councils decision on the statement, the Building
Official shall transmit the statement and the City
Council's decision to the County Auditor who shall place
the amount thereof on the assessment roll as a special
assessment to be paid with County taxes, unless sooner
paid. At the same time, the Building Director shall
file in the Office of the County Recorder of Riverside
County a notice of lien, describing the real property
affected, a summary of the action take to abate the
nuisance and the amount of the lien claimed by the City
of Lake Elsinore.
(1) Priority. Immediately upon its being placed
on the assessment roll the assessment shall be
deemed to be complete, the several amounts
assessed shall be payable, and the assessments
shall be liens against the lots or parcels of
land assessed, respectively. The lien shall
be subordinate to all existing special
assessment liens previously imposed upon the
same property, and shall be paramount to all
other liens except for state, county and
municipal taxes with which it shall be upon a
parity. The lien shall continue until the
assessment and all interest due and payable
thereon are paid.
(2) Interest. All such assessments remaining
unpaid after thirty (30) days from the date of
recording on the assessment roll shall become
delinquent and shall bear interest at the rate
per annum from and after said date as
determined by the City Council.
(3) The amount of the assessment shall be
collected at the same time and in the same
manner as ordinary municipal taxes are
collected; and shall be subject to the same
penalties and procedures and sale in case of
delinquency as provided for ordinary municipal
taxes. All laws applicable to the levy,
collection and enforcement of municipal taxes
shall be applicable to such assessment.
If the City Council has determined that the
assessment shall be paid in installments, each
installment and any interest thereon shall be
collected in the same manner as ordinary
municipal taxes in successive years. If any
installment is delinquent, the amount thereof
is subject to the same penalties and
procedures for sale as provided for ordinary
municipal taxes.
(4) All money recovered by payment of the charge
or assessment or from the sale of the property
at foreclosure sale shall be paid to the
Finance Director of City of Lake Elsinore who
shall credit the same to the Repair and
Demolition Account.
AGENDA ITEM N4. 3a
'AGE OF ',
F. Release of Lien. Upon payment in full of the costs of the
abatement proceeding and the expense of the work done, or
upon order of the City Council, the Building Director shall
execute and record with the County Recorder a release of the
recorded lien on the property. If an assessment has been
placed on the assessment roll and is thereafter paid to the
Building Director, he shall notify the County Auditor who
shall cancel the assessment on the roll.
G. Contest of City Councils Decision. Unless action is brought
in a court of competent jurisdiction within thirty (30) days
after final judgment by the City Council, contesting the
validity of any proceedings leading up to and including the
decision of the City Council, all objections will be deemed
to have been waived.
H. Fees shall be set pursuant to Chapter 3.32 of the City of
Lake Elsinore Municipal Code.
AGENDA FT M No. �
FAG- _l._ OF
UNIFORM CODE FOR THE ABATEMENT OF
DANGEROUS BUILDING 1988 AMENDMENT
SECTION 202 is amended to read as follows:
All building or portions thereof which are determined
after inspection by the building official to be
dangerous as defined in this code are hereby declared
to be public nuisances and shall be abated by repair,
rehabilitation, demolition or removal in accordance
with the procedure specified in Chapter 10 of this
code.
SECTION 203 is amended by adding the following paragraph at the
end of said section to read as follows:
Any person violating any of the provisions or failing
to comply with any of the mandatory requirements of the
ordinances of Lake Elsinore shall be guilty of a
misdemeanor. Any person convicted of a misdemeanor
under the ordinances of Lake Elsinore shall be punished
by a fine of not more than five -hundred dollars, or by
imprisonment not to exceed six months, or by both such
fine and imprisonment. Each such person shall be
guilty of a separate offense for each and every day
during any portion of which any violation of any
provision of the ordinances of Lake Elsinore is
committed, continued, or permitted by any such person,
and he shall be punished accordingly.
CHAPTER 4 IS DELETED.
CHAPTER 5 IS DELETED.
CHAPTER 6 IS DELETED.
CHAPTER 7 IS DELETED.
CHAPTER 8 IS DELETED.
CHAPTER 9 IS DELETED.
CHAPTER 10 ABATEMENT OF SUBSTANDARD AND UNSAFE BUILDINGS -
Chapter 10 is added to read as follows:
CHAPTER 10
ABATEMENT OF SUBSTANDARD AND UNSAFE BUILDINGS
Section 1001: Statement of Intent Upon finding any building
to be in this category, the Building Official shall notify the
owner of record as indicated on the Riverside County Tax
Assessors Records, of the intent of the City in condemning the
building, also advising the owner, that a Preliminary Title
Report has been ordered to determine who the concerned parties
are, the cost of which will be assessed against the property
owner. If the owner does not respond within 15 days from receipt
of this statement, the Building Director shall proceed to the
next step.
AGENDA ITEM NO. LL.
PAGE I OF
Section 1002: First Notice The Building Official, upon
determining that a building or structure is unsafe or substandard
shall give a written notice of defects to all parties concerned
in the manner hereinafter stated. The notice shall specify the
conditions which render the building or structure unsafe or
substandard and if, in the opinion of the Building Official, such
conditions can be corrected by repair, the notice shall state the
work that is necessary to repair or rehabilitate the building or
structure. The notice shall require the owner to obtain all
necessary permits from the Department of Building and Safety and
to correct or abate the unsafe or substandard conditions, either
by repair, demolition or removal within 30 days after the date of
notice. If a building is encumbered by a mortgage or deed of
trust of record, and the owner of the building shall not have
complied with the order on or before the expiration of 30 days
after the mailing and posting of the notice, the mortgagee or
beneficiary under the deed of trust may, within 15 days after the
expiration of the 30 day period, comply with the requirements of
the notice.
Section 1003: Manner of Giving Notice The Building Official
shall post a copy of the notice of defects in a plainly visible
place on the building or structure and he shall send a copy, by
registered or certified mail, postage prepaid, return receipt
requested, to the owner of the land on which the building or
structure is located, as such person's name and address appears
on the last County equalized assessment roll, and to each
mortgagee or beneficiary under any deed of trust, that is of
record; to the holder of any lease that is of record, and to the
record holder of any other estate or interest in the building or
structure is located, at the last known addresses of such
interest holders.
If the address of any such person is unknown, that fact
shall be stated in the copy so mailed and it shall be addressed
to the person at the county seat. Service by mail shall be
deemed complete at the time of deposit in the mails. The
Building Official shall file a copy of the notice of defects in
the Building Department files along with an affidavit certifying
to the persons, date and manner in which such notice was given.
He shall also thereafter file any receipt cards which are
returned to him acknowledging receipt of the notice. The failure
of any owner or other persons to receive such notice shall not
affect in any manner the validity of any proceedings taken
hereunder.
Section 1004: Order to Vacate Whenever, in the opinion of
the Building Official, extreme and imminent hazard exists, he
shall give written notice ordering the occupants of any such
building to immediately vacate and, in the event compliance with
the order is not voluntarily and promptly obtained, he shall
request the law enforcement agency having jurisdiction to effect
such a vacation or forthwith take such action at law as is
required to cause the premises to be vacated. A copy of the
order to vacate, which shall include the reasons for the order,
shall be filed in the Building Department files in the same
manner as the notice of defects. Upon giving such order to
vacate, the Building Official shall cause to be posted at each
entrance to the building a notice to read: DANGER - THIS
BUILDING UNSAFE FOR OCCUPANCY - DEPARTMENT OF BUILDING AND SAFETY
- CITY OF LAKE ELSINORE, such notices shall remain posted until
the required repair, demolition or removal are completed. Such
notice shall not be removed without written permission of the
Building Official and no person shall enter the building except
for the purpose of making the required repairs or the demolition
of the building, without the written permission of the Building
Official.
AGENDA (TEM NO. 2—
PAGE _1r_ OF 1
Section 1005: Notice of Public Nuisance Whenever the first
notice of defects has been give, the Building Official shall
record in the office of the County Recorder of Riverside County,
a notice that an administrative proceeding has been commenced for
the abatement of a Public Nuisance, describing the real property
affected and stating that the costs incurred therein may become a
lien on said property, and directing inquiry for further details
to his office, giving the address thereof.
Section 1006: Aippeal Any person entitled to service under
this ordinance may appeal the proceedings by filing a written
appeal on a form furnished by the Building Official within 30
days of receipt of the first notice. Failure to do so
constitutes a waiver of the owners right to a hearing and
adjudication of the notice or any portion thereof.
(1) Upon receipt of any appeal the Building Official
shall set a hearing date to be not less than 10
days or more than 60 days from the date the appeal
was received.
(2) The Building Official upon setting the hearing
date of the Appeals Board, shall notify the
appellant/s at the address shown on the Appeal, of
the date, time and place the hearing will be held.
This notification shall be given not less than 10
days prior to the hearing date.
(3) Except for Orders to Vacate made pursuant to
Section 2(e) of this Ordinance, enforcement of any
notice issued under this ordinance shall be stayed
pending the outcome of any appeal properly and
timely filed.
Section 1007: Hearing At the time fixed in the notice, the
Board of Appeals shall proceed to hear the testimony of the
Building Official, and the owner of the building or structure or
his representative if present at said hearing, and other
concerned parties who may desire to testify, regarding the
condition of the building or structure, the estimated cost of
reconstruction, repair or removal, and any other relevant matter.
Upon the conclusion of the hearing, the Board shall make it's
decision and, in the event that it so concludes, it may declare
the building or structure to be a nuisance and direct the owner
to abate the same by having the building or structure properly
reconstructed or repaired, or by having it razed or removed, and
further notifying posting and mailing of the Board's decision,
the building or structure will be razed or removed by the City of
Lake Elsinore and the expense thereof shall be a lien on the lot
or parcel of land upon which the building or structure is
located, or made a personal obligation of the property owner.
(1) At any time within ten days after the Board's
decision directing the abatement of a nuisance,
the Building Official shall post a copy of the
Board's decision on the building or structure and
mail copies thereof to all parties concerned in
the same manner as the first notice, and he shall
file an affidavit thereof in the Building
Department files, the Board may grant any
extension of time to abate said nuisance that it
may deem justifiable upon good cause being shown.
Section 1008: Time To Bring Action Unless the owner or
holder of an interest of record brings an action in a court of
competent jurisdiction within 30 days after the date of mailing
and posting on said premises of the notice of the decision of the
Board, contesting the validity of any proceedings leading up to
an including the decision of the Board, all objections to the
proceedings and decision will be deemed to have been waived.
AGENDA FTEM NO.
PAGE ( `7 OF 2 Q-
Section 1009: Second Notice If the order of the Building
Official in the first notice is not complied with within 45 days
after giving notice and no appeal has been filed the Building
Official shall give a second notice to all parties concerned by
posting and mailing in the same manner as the first notice. The
second notice shall entitled "Notice to Abate Nuisance" the
notice shall direct the owner of the building or structure to
effect all necessary abatement within 30 days from receipt of the
second notice or show cause why such building or structure should
not be condemned as a nuisance and abate as wherein provided.
The failure of the owner or any other person to receive such
notice shall not affect in any manner the validity of any
proceeding taken hereunder.
Section 1010: Jurisdiction to Abate Thirty days after the
mailing and posting of the Board of Appeals decision or the
second notice, the City shall have jurisdiction to abate such
nuisance by razing or removing the building or structure unless
within the 30 day period an extension of time is granted by the
Board of Appeals. In the event that the nuisance is not abated
within the prescribed time, the City may thereupon raze and
remove the building or structure as herein after described under
it's direction and supervision.
Section 1011: Method of Abatement Abatement of all
buildings or structures under the direction and supervision of
the City pursuant to the provisions of this ordinance shall be
done in the following manner:
(1) If in the event the nuisance can be abated by
repair or rehabilitation, the Building Official
may employ such architectural or engineering
assistance on a contract basis as he may deem
reasonably necessary to prepare plans and
specifications to facilitate said repair or
rehabilitation.
(2) Actual work to be done whether it be repair and
rehabilitation or demolition and removal, shall be
accomplished by private contract. A minimum of
three (3) bids shall be received from reputable
licensed contractors prior to contacting for work
to be done. The lowest bidder shall be awarded
the contract.
Section 1012: Cost Recovery of Repair or Demolition Shall
Be Accomplished In The Following Manner:
A. Demolition Account Establishment and Maintenance
(1) The City Council hereby establishes a Special
account designated as the Repair and Demolition
Account. The Finance Director is authorized to
pay from said account all such costs and expenses
incurred pursuant to the provisions of this
ordinance upon the demand of the Building Official
(2) The City Council in establishing said account
authorizes the Finance Director to transfer from
the General Fund of the City such amounts as
necessary on a loan basis to the Repair and
Demolition Account to defray costs incurred for
repair or demolition. All proceeds collected the
Finance Director who shall credit the same from
credited to repay the loan from the General Fund
of the City.
AGENDA FTEM NO. ,�
B. Statement of Expense The Building Official shall keep a
complete and accurate account of all costs incurred in the
performance of any work pursuant to the provisions of this
ordinance.
(1) A verified statement of expense showing the gross
and net expense of the work performed and all
other costs shall be given to the City Clerk who
shall schedule it for City Council consideration
to set a hearing date. The date, time, place, and
purpose of the hearing shall be published once in
a local newspaper.
(2) The Building Official shall cause to be posted
conspicuously on the property from which the
building or structure was razed and removed or
repaired and rehabilitated, a verified copy of the
statement of expense given to the City Clerk,
together with a notice of the date, time, and
place, where and when the statement shall be heard
by the City Council. Posting and mailing of the
statement and notice shall be not less than ten
(10) days prior to the date set for hearing the
statement. A copy of the statement and notice
shall be accomplished in the same manner as is
prescribed for the first notice.
C. Hearing on Statement of Expense At the time fixed for the
hearing on the statement of expense the City Council shall
consider the statement, together with any objections or protests
which may be raised by the property owner or other concerned
parties. The Council may make any such revision, correction or
modification in the statement as it may deem just, and thereafter
shall render it's decision on the statement. The Council's
decision on the statement and on all protests and objections
which may be made shall be final and conclusive. The City may
continue any hearing provided for herein from time to time. Upon
the close of a hearing the Council shall render it's decision not
later than fifteen (15) days thereafter.
D. Method of Payment for Cost Recovery Shall be determined
by the City Council as a part of the decision rendered in the
hearing of the statement of expense.
(1) The Council may make the charges a personal
obligation of the property owner and direct
the City Attorney to collect the same using
all appropriate legal remedies.
(2) Or the Council may order the charge to be
made a special assessment and lien against
the property involved and order said
assessment recorded on the assessment roll in
behalf of the City.
a) The City Council, in it's
discretion may make the special
assessment payable in equal annual
installments and if said
installments shall bear interest,
the rate thereof shall be
established by resolution prior to
recordation of the assessment.
AGENDA ITEM NO. 3 4
PAGE I CI OF
E. Payment and Recordation of Lien All concerned parties
shall be notified of the City Council decision of the hearing in
the same manner as the first notice and shall be given
opportunity to pay said charges. If payment is not received
within ten (10) days after receipt of the Council's decision on
the statement, the Building Official shall transmit the statement
and the City Council's decision to the County Auditor who shall
place the amount thereof on the assessment roll as a special
assessment to be paid with County taxes, unless sooner paid. At
the same time, the Building Director shall file in the office of
the County Recorder of Riverside County a notice of lien,
describing the real property affected, a summary of the action
take to abate the nuisance and the amount of the lien claimed by
the City of Lake Elsinore.
(1) Priority. Immediately upon its being placed
on the assessment roll the assessment shall
be deemed to be complete, the several amounts
assessed shall be payable, and the
assessments shall be liens against the lots
or parcels of land assessed, respectively.
The lien shall be subordinate to all existing
special assessment liens previously imposed
upon the same property, and shall be
paramount to all other liens except for
state, county and municipal taxes with which
it shall continue until the assessment and
all interest due and payable thereon are
paid.
(2) Interest. All such assessments remaining
unpaid after thirty (30) days from the date
of recording on the assessment roll shall
become delinquent and shall bear interest at
the rate per annum from and after said date
as determined by the City Council.
(3) The amount of the assessment shall be
collected at the same time and in the same
manner as ordinary municipal taxes are
collected; and shall be subject to the same
penalties and procedures and sale in case of
delinquency as provided for ordinary
municipal taxes. All laws applicable to the
levy, collection and enforcement of municipal
taxes shall be applicable to such assessment.
(4) All money recovered by payment of the charge
or assessment or from the sale of the
property at foreclosure sale shall be paid to
the Finance Director of City of Lake Elsinore
who shall credit the same to the Repair and
Demolition Account.
F. Release of Lien Upon payment in full of the costs of the
abatement proceeding and the expense of the work done, or upon
order of the City Council, the Building Official shall execute
and record with the County Recorder a release of the recorded
lien on the property. If an assessment has been placed on the
assessment roll and is thereafter paid to the Building Official,
he shall notify the County Auditor who shall cancel the
assessment on the roll.
G. Contest of City Councils Decision Unless action is brought
in a court of competent jurisdiction within thirty (30) days
after final judgment by the City Council, contesting the validity
of any proceedings leading up to and including the decision of
the City Council, all objections will be deemed to have been
waived.
H. Fees shall be set pursuant to Chapter 3.32 of the City of
Lake Elsinore Municipal Code.
AGENDA ITEM NO.
PAGEr,-LL�—� OF
UNIFORM PLUMBING CODE 1988 AMENDMENT
PART I VIOLATION AND PENALTIES 20.3 the first paragraph is
amended to read as follows:
Any person, firm or corporation violating any provision
of this code shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be punishable by a
fine of not to exceed five hundred dollars ($500.00) or
by imprisonment in the county jail for not to exceed
six months, or by both fine and imprisonment. Each
separate day or any portion thereof during which any
violation of this code occurs or continues shall be
deemed to constitute a separate offense, and upon
conviction thereof shall be punishable as herein
provided.
PART I SCHEDULE OF FEES 20.7 is amended to read as follows:
The schedule of fees shall be set pursuant to Chapter
3.32 of the Municipal Code.
SECTION 401(A) exception 2 is amended to read as follows:
(2) ABS, PVC and DWV piping installations
shall be limited to those structures
where combustible and non -fire rated
construction is allowed.
SECTION 503(A) exception 2 is amended to read as follows:
(2) ABS, PVC and DWV piping installations
shall be limited to those structures
where combustible and non -fire rated
constructions is allowed.
AGENDA ITEM NO...�_
PAGEE-2I OF���
UNIFORM FIRE CODE 1988 EDITION
SECTION 9.105 the following definitions are amended:
CHIEF OR CHIEF OF THE FIRE DEPARTMENT is the City
Manager or his authorized representative.
CHIEF ENGINEER is the City Manager or his
authorized representative.
CHIEF OF THE BUREAU OF FIRE PREVENTION is the City
Manager or his authorized representative.
AGENDA {TEM NO. 34
PAGE OF --2L,—
NATIONAL ELECTRICAL CODE 1987 EDITION
SECTION 304(A) shall be amended as follows:
Schedule of fees shall be set pursuant to Chapter
3.32 of the City of Lake Elsinore Municipal Code.
ARTICLE 310-5 is amended by adding the following sentence.
Conductors smaller than size six shall be copper
only.
ARTICLE 336-3 is amended as follows:
Type NM and Type NMC cables shall be permitted to
be used in one and two family dwellings, and
multi -family apartment dwellings, not exceeding
three floors above grade.
AGENDA ITEM NO. Lt
PAGE -.2.1— OF
UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE 1988 EDITION
SECTION 1.11 shall be amended as follows:
Schedule of fees shall be set pursuant to Chapter
3.32 of the City of Lake Elsinore Municipal Code.
SECTION 320 is added to read as follows:
SECTION 320: Fencing
A. Every person in possession of land within the
incorporated area of the city, either as owner,
purchaser under contract, lessee, tenant, licensee
or otherwise, upon which is situated a swimming
pool or other out-of-door body of water designed,
constructed and used for swimming, dipping or
immersion by men, women or children, having a
depth in excess of eighteen (18) inches, shall
maintain in good condition an enclosure or fence
of any material or design, except as hereinafter
provided, substantially constructed, not lower
than five (5) feet in height above the surface of
the ground measured vertically from the outside
grade and completely surrounding such pool or body
of water.
B. Openings between members.
a) No opening between vertical members of a
wood, metal, picket stake or other fence
shall exceed five (5) inches between
members. No opening between horizontal
members of a wood, metal or other fence
shall exceed two (2) inches between
members. If a fence combining vertical
and horizontal members meets either the
vertical or horizontal requirements of
this section, it shall be deemed to meet
the requirements of this section.
b) Masonry -type fences are excepted from
the provisions of this section.
C. Clearance above ground.
All enclosures and gates shall extend to within
two (2) inches of firm soil or within four (4)
inches of pavement.
D. Gates, doors, latches.
a) All gates or doors opening through a
swimming pool enclosure shall be
equipped with a self-closing and
self -latching device designed to keep
such door or gate securely closed at all
times when not in actual use. The
unlocking or unlatching device shall be
located not less than five (5) feet
above grad or steps at the gate or door
measured vertically outside the enclosed
areas. This shall include any passage
door or gate opening from an accessory
building, such as a garage.
AGENDA ITEM NO.
'� OFA
E.
b) There shall be the following exceptions
to this section:
(1) The unlocking or unlatching device
may be located on the inside of the
enclosure at less than the required
five (5) feet in height when not
openable from the outside of the
enclosure.
(2) Self-closing and self -latching
devices shall not be required on
doors leading from a dwelling unit
into the pool area.
(3) Double gates installed across
vehicular accessways shall be
self-closing and shall be equipped
with a latching device five (5)
feet above grade which may be
manually operated. Such gates
shall be securely closed at all
times when not in actual use.
Withholding approval.
Plaster inspection or approval to fill the pool
with water shall be withheld by the Director of
Building and Safety until there has been
compliance with all fencing and other requirements
of this chapter.
AGENDA ITEM NO. 34
PAGE`S ���--
UNIFORM MECHANICAL CODE 1988 AMENDMENTS
SECTION 204 is amended by adding the following paragraph at the
end of said section to read as follows:
Any person, firm, or corporation violating any of the
provisions or failing to comply with any of the
mandatory requirements of the ordinance of Lake
Elsinore shall be guilty of a misdemeanor. Any person
convicted of a misdemeanor under the ordinances of Lake
Elsinore shall be punished by a fine of not more than
five -hundred dollars, or by imprisonment not to exceed
six months, or by both such fine and imprisonment.
Each such person shall be guilty of a separate offense
for each and every day during any portion of which any
violation of any provision of the ordinances of Lake
Elsinore is committed, continued, or permitted by any
such person, and he shall be punished accordingly.
SECTION 304(b) is amended to read as follows:
The fees for each permit shall be as set pursuant to
Chapter 3.32 of the Mechanical Code.
AGENDA ITEM NO.
PAGEOF
Q RRICK, HERRINGTON
& SUTCLIFFE
"Motion to further continue the Public Hearing on
Community Facilities District No. 88-3 due to the
complexity of the proposed district and the additional
time needed to finalize the scope of facilities proposed
for construction and the number of units on which the
special tax will be levied."
Please discuss this with the Mayor and City Council
members as well as City Staff and advise me if there are any
questions about the reasons for the continuance or the procedure
involved. Thank you for your assistance.
Very truly yours,
�,Whu I Al„ti--i
George W. McFarlin
GWM/dm
cc: Don Wood, Director of Finance
Vicki Kasad, City Clerk
John Harper, City Attorney
John Mandrell, Butterfield/The Keith Companies
Milo Keith, Special Projects Engineer
Geoeffrey Robinson, Esq.
Masood Sohaile, Esq.
AGENDA ITEM NO.
PAG OF—a
Q RRICK, HERRINGTON
& SUTCLIFFE
February 8, 1990
Mr. Ron Kirchner
Director of Public Works
CITY OF LAKE ELSINORE
130 South Main Street
Lake Elsinore, CA 92330
Re: Community Facilities District No. 88-3
West Lake Elsinore
Dear Ron:
On December 26, 1989 the City Council opened the public
hearing relating to the establishment of the Community Facilities
District, the levy of a special tax within said district and the
incurring of a bonded indebtedness to finance the acquisition
and/or construction of the designated facilities. After calling
for public testimony, the Mayor, at my suggestion, continued the
public hearing to January 23, 1990 due to several unresolved
matters which bear on (i) the facilities to be included and (ii)
the structure and amount of the special tax needed to support the
proposed special tax bonds. On that date the public hearing was
further continued to February 13,' 1990. The delay was made
necessary because the number of housing units within several of
the projects had not been determined with any degree of
certainty, such determination being necessary to finalize the tax
structure and the maximum tax per housing unit.
Several of the tentative tract maps are presently going
through the approval process, but are not far enough along to
provide the necessary information concerning the number of
housing units approved for construction. With respect to several
of the tracts, this approval process is scheduled to be completed
by the March 13th City Council meeting. I would therefore
recommend that the public hearing for this district be further
continued to March 13th in order that the underlying housing unit
count can be determined. Due to the requirement that the
Community Facilities District public hearing may be continued for
only 30 days without special findings of the City Council, the
continuance should be by motion phrased approximately as follows:
333 South Hope Street • Los Angeles California 90071
Telephone 213 680 7000 • Facsimile 213 680 4600
San Franctsco 415 192 1122 • New York 212 326 8800 • Sarratneeto 916 447 9200
AGENDA ITEM( NO.
PAGE _.L_ OF�
REPORT TO THE CITY COUNCIL/REDEVELOPMENT AGENCY
DATE: February 13, 1990
SUBJECT: Commercial Project 89-8: Krouse Builders;
request for a 7,250 square foot commercial
building on .344 gross acres, located at the
northeast corner of Scrivener Street and Graham
Avenue.
PREPARED BY: Mark Rhoades APPROVED BY: Xz,,O- z L
Mark Rhoades Davederman
Planning Consulta Comm.tbev. Dir.
APPROVED BY:
Ron Molendyk
City Manager
BACYGROUN
This project received Planning Commission approval on January
17, 1990. There was no Commission discussion and the project
was approved unanimously.
DISCUSSION
The proposed building will be off-white stucco with two blue
accent bands, and black window frames. The proposed 7,250
square foot two level structure will be divided into nine (9)
office spaces. Parking will be underneath the office
structure and is adequate in number of spaces. Landscaping
and screening is sufficient as proposed.
RECOMMENDATION
It is recommended that City Council adopt Negative
Declaration 89-53, and approve Commercial Project 89-8, based
on the Findings and subject to the attached 56 Conditions of
Approval.
It is recommended that the Redevelopment Agency concur with
City Council action.
Find-Lngs
1. Subject to the attached conditions, the proposed project
is not anticipated to result in any significant adverse
environmental impact.
2. The project, as approved, complies with the Goals and
Objectives of the General Plan and the Neighborhood
Commercial Zoning District.
3. This project complies with the design directives contained
in Chapter 17.82.060 and all other applicable provisions
of the Lake Elsinore Municipal Code.
4. Conditions and safeguards pursuant to Chapter 17.82.070,
including guarantees and evidence of compliance with
conditions, have been incorporated into the approval of
the subject project to insure development of the property
in accordance with Objectives of Chapter 17.82.060 and the
Planning District in which it is located.
P�,�� OF—k-_
L ` ,
CONDITIONS OF APPROVAL FOR COMMERCIAL PROJECT 89-8
Planning Division
1. Design review approval will lapse and be void unless building
permits are issued within one (1) year. An extension of time,
up to one (1) year per extension, may be granted by Planning
Commission prior to the expiration of the initial Design Review
approval upon application by the developer one (1) month prior
to expiration.
2. All Conditions of approval shall be fully implemented within
the project design in all phases and/or adhered to strictly.
3. These Conditions of Approval shall be attached or reproduced
upon Page One of building plans prior to their acceptance by
the Division of Building and Safety.
4. Applicant shall meet all Conditions of Approval prior to the
issuance of a Certificate of Occupancy and release of utili-
ties.
5. All site improvements shall be constructed as indicated on the
approved plot plan and elevations. Revisions to approved site
plans or building elevations shall be subject to Design Review.
All plans submitted for Building Division Plan Check shall
conform with the submitted plans as modified by Conditions of
Approval, or the Planning Commission through subsequent action.
6. Materials and colors depicted on the materials board shall be
used unless modified by the Community Development Director or
his designee.
7. A revised site plan and elevation plan shall be submitted to
the Planning and Building Departments by the applicant prior to
Building Division issuance of permits which reflects all
conditions of approval. This revised plans shall become the
approved plans only upon the review and approval by the
Community Development Director or his designee.
8. Applicant shall comply with all requirements of the City's
Grading Ordinance. Construction generated dust and erosion
shall be mitigated in accordance with the provisions of
Municipal Code, Chapter 15.72 and using accepted techniques.
Interim erosion control measures shall be provided 30 days
after the site's rough grading, as approved by the City
Engineer.
9. Applicant is to meet all applicable City Codes and Ordinances.
10. Meet all State handicap requirements.
11. Meet all Riverside County Health Department requirements.
12. No outdoor storage shall be allowed for any tenant.
13. Trash enclosures shall be constructed per City standards as
approved by the Community Development Director.
14. No roof ladders shall be permitted.
15. Applicant shall use roofing materials with Class "A" fire
rating.
16. Applicant is to meet all County Fire Department requirements
including emergency vehicle turning radius, and fire resistance
requirements for all buildings including sprinklers where
required. A fire detector check assembly shall be required
for any interior fire lines and hydrants. A letter shall be
submitted verifying compliance prior to issuance of building
permits.
AGENDA ITEM NO,
PAGE OF I -
CONDITIONS OF APPROVAL FOR COMMERCIAL PROJECT 89-8 - CONTINUED
17. All roof mounted or ground support air conditioning units or
other mechanical equipment incidental to development shall be
screened so that they are not visible from neighboring property
or public streets. Any roof mounted central swamp coolers
shall also be screened. All roof mounted equipment shall be at
least six -inches (611) lower than the parapet wall or top of
equipment well and shall be painted to match the building.
Evidence of compliance shall be included in building plans.
18. All exterior downspouts shall be painted to match the building,
19. Any proposed metal mailboxes shall be treated to blend with the
center's design theme. Mailboxes shall be submitted for
approval prior to issuance of building permits, subject to the
approval of the postal service and the Community Development
Director or his designee.
20. Brick pavers or texture pavement treatments shall be laid in
bank designs and shall be located at the driveway approaches
and crosswalks.
21. The final landscaping/irrigation plan is to be reviewed and
approved by the City's Landscape Architect Consultant for a
$100.00 per plan fee, and the Community Development Director or
his designee.
a) All planting areas shall have permanent and automatic
sprinkler system with 100% watering coverage.
b) Applicant shall plant street trees, selected from the
City Street Tree List, a maximum of 30 -feet apart and
at least 15 -gallon in size, as approved by the
Community Development Director.
c) All planting areas shall be separated from paved
areas with a six-inch (611) high and six-inch (611)
wide concrete curb.
d) Planting within fifteen feet (151) of ingress/egress
points shall be no higher than thirty-six inches
(3611).
e) Any transformers and mechanical or electrical
equipment shall be indicated on Landscape Plan and
screened as part of the Landscaping Plan.
f) The Landscape plan shall provide for ground cover,
shrubs, and trees and meet all requirements of the
City's adopted Landscape Guidelines.
g) All landscape improvements shall be bonded 120%
Faithful Performance Bond, and released at completion
of installation of landscape requirements
approval/acceptance, and bond 100% for material and
labor for one (1) year.
h) 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.
i) Final Landscape Plan must be consistent with approved
site plan.
j) Final Landscape Plans to include planting and
irrigation details.
J � r
AGENDA ITEM NO -.s J
PAGE 3
r
CONDITIONS OF APPROVAL FOR COMMERCIAL PROJECT 89-8 - CONTINUED
22. Applicant shall construct landscaped berms, not to exceed one
(1) foot in height, adjacent to the parking stalls which are on
either side of the driveway entrance to the parking area. This
shall be reflected on Final Landscape and Grading Plans.
23. Applicant shall provide four (4) additional "carissa
grandiflora", three (3) to be placed adjacent to parking stall
"29" in a row parallel to the street. The remaining one (1)
shall be placed in the landscaped corner between the drive
aisle and parking stall 111". This shall be reflected on Final
Landscape Plans.
24. Applicant shall annex project into a City Landscape and
Lighting District. ,
25. All exposed slopes in excess of three feet (31) in height shall
have a permanent irrigation system and erosion control
vegetation installed, approved by the Planning Division.
26. 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. The light fixture proposed is to match the
architecture of the building and shall be submitted and
approved prior to issuance of building permits. No wall pack
units shall be permitted.
27. Any security lighting located on-site shall be ornamental and
shall be shown on building plans, subject to the approval of
the Community Development Director or his designee.
28. The applicant shall develop a Master Signage Program for the
center which specifies harmonious and consistent colors,
materials and specifications which will enhance the center's
design and meet the provisions of Lake Elsinore Municipal Code
Chapter 17.94. The Master Signage Program shall be reviewed
and approved by the Planning Commission. All signage including
free-standing signs shall be by City Permit and in conformance
with the approved Master Signage Program. The Master Signage
Program shall be approved prior to issuance of Certificate of
Occupancy or release of utilities. Individual sign permits are
required prior to the erection of each sign.
29. The project shall connect to sewer and meet all requirements of
the Elsinore Valley Municipal Water District (EVMWD).
Applicant shall submit water and sewer plans to the EVMWD and
shall incorporate all district conditions and standards.
a) Pay water connection fee per Resolution No. 971.5
prior to Certificate of Occupancy issuance.
b) Pay sewer connection fee per Resolution 971.5 prior
to Certificate of Occupancy.
c) Submit hydraulic analysis for water line and
facilities sizing.
d) Design and construct water line along entire project
frontage to E.V.M.W.D. standards.
e) A reduced pressure principle backflow device is
required after the service meter or after an
irrigation meter per Resolution No. 951.
f) A sewage grease interceptor and sample box is
required for each building with grease
interceptor/sample box details and plot plan to be
approved by E.V.M.W.D.
�s
AGENDA ITEM NO. `_' �`• ; /-/� j�
PAGE,_,OF_L4
r
C
CONDITIONS OF APPROVAL FOR COMMERCIAL PROJECT 89-8 _
g) Fire detector check(s) are required for all on-site
fire protection facilities. Spring loaded traffic
lid and concrete vaults are required.
h) Develop a design plan and construct a commercial
super hydrant per E.V.M.W.D. Standards with plan to
be submitted and approved.
i) All waste discharges shall be subject to E.V.M.W.D.
Ordinance No. 71 and industrial wastes may require
pre-treatment, and/or installation of individual
monitoring stations.
j) Plumbing plans for the industrial or commercial units
shall be reviewed and approved by E.V.M.W.D.
k) All facilities must be designed and constructed at
the owner's expense (or other satisfactory financial
arrangements made) and to the District's Standards.
1) Design and construct a commercial fire hydrant to
replace the existing fire hydrant. The existing fire
hydrant run must be abandoned at the main.
m) It is questionable whether commercial fire flows can
be met here or not. Coordinate with E.V.M.W.D. to
conduct fire flow pressure testing to see if fire
flow requirements can be met.
n) If fire flows cannot be met a main line extension
(12" min.) will be required. A supporting hydraulic
analysis for the area must also be submitted for
review and approval to support the main line
extension.
o) The E.V.M.W.D. anticipates providing sanitary sewer
service for the above reference property based upon
the completion of the 1 mgd expansion of the Regional
Waste Water Reclamation Plant. It is estimated that
an additional 1 mgd sewage treatment capacity will be
available by July 1990. E.V.M.W.D. has also
programmed additional expansion of the treatment
plant by currently preparing an E.I.R. for the next
phase of construction. By this condition of service
the District expresses no warranties as to the
availability of sewer service for the above
referenced property at such time as applications for
sewer service to the property are accepted or
approved.
p) The District reserves the right to, at anytime,
revise or update the conditions for this project.
All projects have a one (1) year expiration date and
thereafter are subject for reconditioning.
30. A final grading plan shall be submitted and shall be subject to
the approval of the Chief Building Official.
31. Painted arrows on the asphalt shall be located at all internal
one-way drive aisles.
32. On-site surface drainage shall not cross sidewalks.
33. Any additional required dedications for public right-of-way
shall be provided for on site plan.
34. Applicant shall create two (2) standard parking stalls out of
stalls labeled 111" and 112" on building site plan. This shall
be reflected on final site plan.
AGENDA ITEM NO.
PAGE 0F
r C
CONDITIONS OF APPROVAL FOR COMMERCIAL PROJECT 89-8 - CONTINUED
35. Trailers utilized during construction shall be approved by
Planning Division.
36. Prior to issuance of any grading permit or building permits,
the applicant shall sign and complete an "Acknowledgment of
Conditions" and shall return the executed original to the
Community Development Department for inclusion in the case
records.
Engineering Conditions
37. All Public Works requirements shall be complied with as a
condition of development as specified in the Lake Elsinore
Municipal Code at the time a building permit is issued.
38. Dedicate underground water rights to the City (Municipal Code,
Title 16, Chapter 16.52.030). Document can be obtained from
the Engineering Department.
39. Dedicate a 2.5 foot wide strip of additional right-of-way along
the northerly property line to the City for the alley prior to
issuance of building permit.
40. Dedicate a 10' foot wide strip of additional street
right-of-way along the southerly property line along Graham
Avenue to the City prior to issuance of building permit.
41. Dedicate additional right-of-way for standard corner cutback
for the future curb return at the westerly corner of the lot.
42. Public right-of-way dedications shall be prepared by the
applicant or his agent. Deeds shall be submitted to the
Engineering Department for review and approval prior to
issuance of building permit.
43. Process and meet all parcel merger requirements prior to
issuance of building permit (Lake Elsinore Code 16.20).
44. Pay all Capital Improvement and Plan Check fees (Municipal
Code, Title 16, Chapter 16.34; Resolution No. 85-26).
45. Submit a "Will -Serve" letter to the City Engineering
Department, from the applicable water district, stating that
water and sewer arrangements have been made for this project.
Submit this letter prior to applying for building permit.
46. Construct all off-site public works improvements per approved
street plans (Municipal Code, Title 12). Plans must be
approved and signed by the City Engineer prior to issuance of
building permit (Lake Elsinore Municipal Code 16.34).
47. Street and alley improvement plans and specifications shall be
prepared by a Civil Engineer. Improvements shall be designed
and constructed to Riverside County Road Department standards,
latest edition, and City Codes (Lake Elsinore Municipal Code
12.04 and 16.34).
48. Work done under an encroachment permit for off-site improve-
ments shall be delineated on the street improvement plans and
approved and signed by the City Engineer prior to issuance of
building permits.
49. Pay all fees and meet requirements of encroachment permit
issued by the Engineering Department for construction of
off-site public works improvements (Municipal Code, Title 12,
Chapter 12.08 and Resolution No. 83-78).
50. All compaction reports, grade certification, monument
certification (with tie -notes delineated on 8-1/2" x ill' mylar)
shall be submitted to Engineering Department before final
AGENDA ITEM NO. 72
PAGE. OF
r
CONDITIONS OF APPROVAL FOR COMMERCIAL PROJECT 89-8 - CONTINUED
inspection of off-site improvements will be scheduled and
approved.
51. Arrangements for relocation of utility company facilities
(power poles, vaults, etc.) out of the roadway or alley shall
be the responsibility of the property owner or his agent.
52. Provide street lighting and show lighting improvements on
street improvement plans as required by the City Engineer.
53. On-site drainage shall be conveyed to a public facility ori
accepted by adjacent property owners by a letter of drainage
acceptance or conveyed to a drainage easement.
54. All natural drainage traversing site shall be conveyed through
site, or shall be collected and conveyed by a method approved
by the City Engineer.
55. Applicant shall contribute thirty-four dollars ($34.00) towards
the City Master Entryway Sign Program.
56. Applicant shall post required bonds for public works
improvements as established for the project by the City
Engineer.
AGENDA ITEM NO. -- ,
PAGEOF�/�
Minutes of Planning Commission
January 17, 1990
Page 8
RMINATION OF SUBSTANTIAL CONFORMANCE WITH GENERAL PLAN
Motion by Commissione to notify the County of
Riverside that the pro s stantial conformance with
the General P or the City o Elsinore, second by
Commissi ilenson.
A 4-0
10. Commercial Project 89-8 - Krouse Builders - Associate Planner
Restivo presented a proposal for the construction of a 7,250
square foot commercial building on .344 gross acres, located at
the northeast corner of Scrivener Street and Graham Avenue.
Chairman Brown asked if there was anyone present representing
the applicant and if there were any concerns.
Mr. Fred Crowe, Butterfield Surveys/The Keith Companies, stated
that they prepared the map and would try to answer any
questions that arise.
There being no discussion at the table, Chairman Brown called
for a motion.
Motion by Commissioner Saathoff to recommend to City Council
adoption of Negative Declaration 89-53 and approval of
Commercial Project 89-8 based on the Findings and subject to
the 56 Conditions of Approval listed in the Staff Report,
second by Commissioner Wilsey.
Approved 4-0
OMMUNITY DEVELOPMENT DIRE'CTOR'S COMMENTS
Cc nity Development Director Gunderman stated that Ramsgate wi
be co 'ng before the Commission soon, and there are a number f
issues at are likely to be a part of this project. We fel hat
it would appropriate to set up a subcommittee, consistin of two
Planning C issioners and two Councilmembers, to sit h staff
and the devel er to discuss and resolve major issue prior to
public hearing. Therefore, we would request that a Commission
appoint two Comma Toners to serve on this subcommi ee. We hope
that there will t be more than two meeti and a follow-up
meeting to insure tha all issues have been co ied with.
Commissioners Saathoff an Gilenson were apAinted to serve on this
subcommittee, and Commissioh@r Wilsey asaffi alternate.
PLANNING COMMISSIONER'S
Commissioner Wilsey
Inquired about the multi- rpase tr '1 standard implementation
status.
Community Developmen Director Gunderman ated that this was
discussed today wit Community Services Direct Watenpaugh, who
has responsibili for developing those standar and he expects
to have a stand d ready for review within 30 days.
Commented Of,the 75% rule for zoning, and possibly th need for a
meeting h City Council to discuss interpretation and idelines
for th' 75% rule, and how staff should be handle this.
WTh trail information that we have dealt with in the past, the st
ent was on the Marinita Tract, should be made available to Ci
Council.
AGENDA ITEM NO.
PAGE $ OF�
r r
PLANNING DIVISION
REPORT TO
PLANNING COMMISSION
Business Item
C 89-8
January 17, 1990
PREPARED BY• APPROVED BY: PPROVED BYi&
ark Rhoades tary4Thornhill Dave nderman
Con ulting Planner Planning Manager Comm. ev. Dir.
OWNER/APPLICANT
Krouse Builders, Inc.
550 Central Avenue
Placentia, California 92670
USE
Design Review for a 7,250 square foot commercial building,
Commercial Project 89-8
SIZE AND LOCATION
7,250 square foot commercial building on .344 gross acres.
The lot is located at northeast corner of Scrivener Street
and Graham Avenue.
ENVIRONMENTAL SETTING
BACKGROUND
This project was brought to staff's attention in early 1989
when it was submitted for preliminary review. Staff has
worked with the applicant to produce the present proposed
commercial building. The current project was submitted
November 16, 1989. The project reflects enhancements made by
staff and the city's consulting architect.
DISCUSSION
The proposed structure is two levels, with the entire first
level being parking. The second level will be divided into
nine (9) commercial offices with access by elevator and
stairs. The proposed colors and materials are off white
stucco with a medium blue accent stripe at roof and second
floor levels, the window frames will be black anodized
aluminum.
AGENDA ITEM NO.S � J
PAGE OF
EXISTING LAND USE
ZONING
GENERAL PLAN
Project Site -
Vacant
C-1
Mixed
Use
North -
Single -Family
R-1
Mixed
Use
Residential
East -
Single -Family
C-1
Mixed
Use
Residential
South -
Single -Family
C-1
Mixed
Use
Residential
West -
Single -Family
C-1
Mixed
Use
Residential
BACKGROUND
This project was brought to staff's attention in early 1989
when it was submitted for preliminary review. Staff has
worked with the applicant to produce the present proposed
commercial building. The current project was submitted
November 16, 1989. The project reflects enhancements made by
staff and the city's consulting architect.
DISCUSSION
The proposed structure is two levels, with the entire first
level being parking. The second level will be divided into
nine (9) commercial offices with access by elevator and
stairs. The proposed colors and materials are off white
stucco with a medium blue accent stripe at roof and second
floor levels, the window frames will be black anodized
aluminum.
AGENDA ITEM NO.S � J
PAGE OF
r
Business
C 89-8
January
Page 2
Item
17, 1990
The project as proposed meets all applicable sections of the
Lake Elsinore Municipal Code, with the exception of parking.
The problem with regards to parking involves the length of
stall one (1), and the inclusion of an extra compact space.
To mitigate both situations simultaneously, staff recommends
that parking stall one (1) and two (2) be changed to standard
stalls, with the paved surface to be extended two (2)
additional feet into the landscaped area perpendicular to
stalls one (1) and two (2). Stalls 3, 4, 5, 6, 7, 8, and 9
would all remain standard compact spaces. Staff feels that
this arrangement will have no impact on the adjacent
residential district because of the extra buffer space
provided by the alley easement, the proposed landscaping, and
the proposed six (6) foot decorative block wall.
Initially, staff had some concern regarding the visibility of
parking from both Scrivener Street and Graham Avenue.
However, the applicant has proposed a four (4) foot screen
wall along the south half of the Scrivener Street elevation,
the north half contains a driveway, and abundant landscaping
is proposed along the entire side. Staff recommends that one
(1) foot high landscape berms be provided adjacent to the
parking stalls on either side of the driveway to provide
further visual screening from Scrivener Street. The parking
area will be completely screened from Graham Avenue due to
elevation and the proposed four (4) foot wall. The finished
pad elevation is four (4) feet above the Graham Avenue
elevation. The embankment from pad to sidewalk will be
completely landscaped, atop which an additional four (4) foot
high wall to match the proposed building materials will be
constructed.
The proposed landscaping is sufficient and provides excellent
screening from all sides. Staff recommends that three (3)
additional "carissa grandiflora" be placed adjacent to
parking stall 29 in a row parallel to the street. Also, one
(1) additional carissa grandiflora be placed at the corner
between the drive aisle and parking stall one (1). With the
proposed landscaping the visibility of any parking area would
be minimal.
Staff recommends that the Planning Commission recommend to
City Council adoption of Negative Declaration 89-53 and
approval of Commercial Project 89-8, subject to the following
Findings and the attached Conditions of Approval.
FINDINGS
1. Subject to the attached conditions, the proposed project
is not anticipated to result in any significant adverse
environmental impact.
2. The project, as approved, complies with the Goals and
Objectives of the General Plan and the Neighborhood
Commercial Zoning District.
3. This project complies with the design directives
contained in Chapter 17.82.060 and all other applicable
provisions of the Lake Elsinore Municipal Code.
4. Conditions and safeguards pursuant to Chapter 17.82.070,
including guarantees and evidence of compliance with
conditions, have been incorporated into the approval of
the subject project to ensure development of the property
in accordance with the Objectives of Chapter 17.82.060
and the Planning District in which it is located.
AGENDA ITEM; NO_ -iL�
PAGE OF -J(0_
fes►
OFFICE USE ONLY
Negative Declaration NO. 89-53
Project:
C
CITY OF LAKE ELSINORE
ASSESSMENT FORM
1. Developer or Project:
Contact Person: l -p_
Address: 5
City: PJAZ z<A Zip: 6726-70
Teleph ne Number: (-114)_ 3- a
2. Environmental Information Prepared by:_�,4A ALIEV�4QUA
Address: „J!r2 W.
City: fjJLL r- TQN e�:A, Zip:2
Telephone Number: ( 114 ) d�j-7-3 ►�
3.
Proposed Project
Title:
Location: ¢
9
Total site acreage: Gross: 0.344 ACRE Net: c). -ie -s5 /,►c.�rc
For Residential Project:
Number of units: tr,d.
Dwelling units per acre:N A
Unit sizes (square feet)_ N 4
Attach brief description of proposed project, including
intended use, and phasing of project, or if present
project is a phase or portion of a larger project.
4. List and describe any other related permits and other
public approvals required for this project, including
those required by local, regional, state, and federal
agencies, not including approvals from the City, fire
department, sheriff's department, and Elsinore Valley
Municipal Water District.
5. Environmental Setting:
Attach a description of the existing environmental
setting of the project site and surrounding pro-
perties, including information on topography, geo-
logy, soil stability, plants, animals, and any
cultural, historical, or scenic aspects.
AGENDA ITEM NO.
PAGE, OF�_
GENERAL
EXISTING LAND USE
ZONING
PLAN
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S1N�LE FAM l LY
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14
PAGE
A
Krouse Builders
550 Central
Placentia, California 92670
RE: Krouse Builders Inc.
Office Building in Elsinore
3. Professional office structure containing 9 office units
for rent plus one common core area containing handicapped
approve restrooms, janitorial area, elevator and stairs.
Secondary exit stairway has also been provided.
All units are located on the second floor with the first
floor devoted to 29 -parking spaces, entry and mechanical
core.
This project will be completed in one phase.
4. None required.
5. The site faces Graham, a mixed residential and commercial
street near Lake Elsinore. The lot is fairly level with a
gradual drop towards the direction of the lake. Soil is
clayey silty sand and capable of compaction. No special
plants or animals exist in the immediate area and there
are no cultural or historical considerations. The
proposed office building will enjoy a view of Lake
Elsinore from over 50% of the units.
6. A. Structure is low profile (30' - 0" ht.) w/maximum
301ht. trees.
B. Possible future solar system may be installed on roof
with no visual intrusion in the area and with direct
access to mechanical core.
C. Insulation, dual -glaze (if and where needed) and
tinted/reflective glass.
7. 3. B. The placement of this structure will reduce the
absorption rate and modify the pattern of surface
water run off. To correct this change all roof
trapped water is collected and drained to
adjacent streets where pre -project run-off was
initially deposited.
All non -covered area's will retain approximately
the same absorption rate and all run-off will be
controlled and directed to adjacent streets where
pre -project run-off was initially deposited.
7. 4. B. Project will result in the increase in the number
and species of trees, shrubs and grasses.
7. 13. B. The project will have an effect on existing
parking facilities, it will create the need for
additional parking. The applicant has adequately
mitigated this concern by providing required
parking as per the Lake Elsinore Municipal Code.
AGENDA ITEM NO. �-
PAGE�..� ..OF�_
FOR OFFICE USE ONLY
YES MAYBE NO
I. M.�.,: "_TORY FINDIN. OF S`GNIFICANCE:
a. Does the project have the
potential to degrade the
quality of the environment,
substantially reduce the
habitat of a fish or wildlife
species, cause a fish or wild-
life population to drop below
self-sustaining levels,
threaten to eliminate a plant
or animal community, reduce
the number or restrict the
range of a rare or endangered
plant or animal or eliminate
important examples of the -
major periods of California
history or prehistory?
b. Does the project have the
potential to achieve short-
term, to the disadvantage
of long-term, environmental
goals?
c. Does the project have impacts
which are individually limited,
but cumulatively considerable?
All of the above must be answered "no" for a negative
declaration to be issued.
II. DETERMINATION:
The proposed project should not have a significant
effect on the environment and a Negative Declaration
will be prepared.
Although the proposed project could have a signifi-
cant effect on the environment, it will not in this
case because of the attached mitigation measures.
A Negative Declaration will be prepared.
The proposed project may have a significant effect
on the environment. An EIR is required.
III. REVIEWED BY:
PLANNING DIP
ATE: 1-2 1- ?0
TATE: /-/Z— 940
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AGENDAITEM NO. �I
RAGIE
REPORT TO THE CITY COUNCIL/REDEVELOPMENT AGENCY
DATE: Februa-,7 13, 1990
SUBJECT: Industrial Project 89-8: Paul Carrara; a request
to construct an 18,255 square foot industrial
building on a one acre lot, located
approximately 135 feet south of Minthorn Street,
east of Third Street.
PREPARED BY: APPROVED BY:
dAbriell7eavo Dave derman
Associate Planer Comm.Loev. Dir.
APPROVED BY:
Ron Mole dyk
City Manager
BACKGROUND
At the meeting of January 17, 1990, the Planning Commission
recommended approval of Industrial Project 89-8 by a 4-0
vote, Commissioner Brinley absent (minutes and staff report
attached).
DISCUSSION
The Planning Commission recommended project approval without
any project concerns. The project was conditioned by staff
to insure setback landscaping. The proposed building is a
tilt -up concrete building with glass store front entries and
front loading doors. The building finish includes trimmed
loading doors, a recessed maroon accent trim, turquoise
aluminum storefronts and a glass corner entry. The site is
located 135 feet south of Minthorn, east of Third Street.
RECOMMENDATION
It is recommended that City Council adopt Negative
Declaration 89-38, and approve Industrial Project 89-8, based
on the Findings and subject to the attached 45 Conditions
of Approval.
It is recommended that the Redevelopment Agency concur with
City Council action.
Findings
1. This project is consistent with the Goals, Policies and
Objectives of the General Plan.
2. If the attached conditions are met, the project will meet
the design directives of Chapters 17.56, 17.38 and 17.82
of the Municipal Code.
3. If the attached conditions are met, the project will meet
all requirements and standards of the Municipal Code.
AGENDA ITEM NO.
PAGE., OF �✓�
CONDITIONS OF APPROVAL FOR INDUSTRIAL PROJECT 89-8
Planning Division
1. Design Review Approval for Industrial Project 89-8 will lapse
and be void unless building permits are issued within one (1)
year from the date of City Council approval.
2. All Conditions of approval shall be fully implemented within
the project design in all phases and/or adhered to strictly.
3. These Conditions of Approval shall be attached or reproduced
upon Page One of building plans prior to their acceptance by
the Division of Building and Safety.
4. Applicant shall meet all Conditions of Approval prior to the
issuance of a Certificate of Occupancy and release of utili-
ties.
5. All site improvements shall be constructed as indicated on the
approved plot plan and elevations, subject to these Conditions
of Approval. Revisions to approved site plans or building
elevations shall be subject to Design Review. All plans
submitted for Building Division Plan Check shall conform with
the submitted plans as modified by Conditions of Approval, or
the Planning Commission through subsequent action.
6. Materials and colors depicted on the materials board shall be
used unless modified by the Community Development Director or
his designee.
7. A revised site plan and elevations plan shall be submitted to
the Planning and Building Departments by the applicant prior to
Building Division issuance of permits which reflects all
conditions of approval. This revised plans shall become the
approved plans only upon the review and approval by the
Community Development Director or his designee.
8. Applicant shall comply with all requirements of the City's
Grading Ordinance. Construction generated dust and erosion
shall be mitigated in accordance with the provisions of
Municipal Code, Chapter 15.72 and using accepted techniques.
Interim erosion control measures shall be provided 30 days
after the site's rough grading, as approved by the City
Engineer.
9. Applicant is to meet all applicable City Codes and Ordinances.
10. Meet all State handicap requirements.
11. Meet all Riverside County Health Department requirements.
12. No outdoor storage shall be allowed for any tenant.
13. Provide one (1) centrally located trash enclosure. Trash
enclosures shall be constructed per City standards as approved
by the Community Development Director.
14. No roof ladders shall be permitted.
15. Applicant shall use roofing materials with Class "A" fire
rating.
16. The design and construction of the project shall meet all
County Fire Department standards for fire protection including
emergency vehicle turning radius and shall include any
additional requirements requested by the Fire Safety
Specialist.
17. All roof mounted or ground support air conditioning units or
other mechanical equipment incidental to development shall be
screened so that they are not visible from neighboring property
'1 #j
AGENDA ITEIM NO. ��-� �' •: `� i I_/�,� "'�
PAGE OF - -
CONDITIONS OF APPROVAL FOR INDUSTRIAL PROJECT 89-8 CONTINUED
or public streets. No single -unit wall/window air conditioning
units shall be used. All roof mounted equipment shall be at
least six -inches (611) lower than the parapet wall or top of
eq-kipment well and shall be painted to match the building.
Evidence of compliance shall be included in building plans.
18. All exterior downspouts shall be painted to match the building.
19. Any proposed metal mailboxes shall be treated to blend with the
center's design theme. Mailboxes shall be submitted for,
approval prior to issuance of building permits, subject to the
approval of the postal service and the Community Development
Director or his designee.
20. The final landscaping/irrigation plan is to be reviewed and
approved by the City's Landscape Architect Consultant for a
$100.00 per plan fee, and the Community Development Director or
his designee.
a) All planting areas shall have permanent and automatic
sprinkler system with 100% watering coverage.
b) Applicant shall plant street trees, selected from the
City Street Tree List, a maximum of 30 -feet apart and
at least 15 -gallon in size, as approved by the
Community Development Director.
c) All planting areas shall be separated from paved
areas with a six-inch (611) high and six-inch (611)
wide concrete curb.
d) Planting within fifteen feet (151) of ingress/egress
points shall be no higher than thirty-six inches
(3611).
e) Landscape planters shall include an appropriate
parking lot shade tree to provide for 50% parking lot
shading in fifteen years.
f) Any transformers and mechanical or electrical
equipment shall be indicated on landscape plan and
screened as part of the landscaping plan.
g) The Landscape plan shall provide for ground cover,
shrubs, and trees and meet all requirements of the
City's adopted Landscape Guidelines.
h) All landscape improvements shall be bonded 120%
Faithful Performance Bond, and released at completion
of installation of landscape requirements
approval/acceptance, and bond 100% for material and
labor for one (1) year.
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.
j) Final landscape plan must be consistent with approved
site plan.
k) Relocate Jacarandas out of right-of-way and further
away from drive apron.
1) Screen parking from Third Street.
m) Final landscape plans to include planting and
irrigation details.
AGENDA ITEM NO. �► . `'� �'T 3
PAGE J OF
CONDITIONS OF APPROVAL FOR INDUSTRIAL PROJECT 89-8 CONTINUED
n) Provide a five-foot (51) landscaped setback between
rear property line and drive aisle/parking areas.
o) Provide a five-foot (51) wide parking lot landscaped
planter between parking space number 26 and the drive
aisle.
21. All exposed slopes in excess of three -feet (31) in height shall
have a permanent irrigation system and erosion control
vegetation installed, approved by the Planning Division.
22. 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. The light fixture proposed is to match the
architecture of the building. No wall park units shall be
permitted. Any security lighting located on-site shall be
ornamental and shall be shown on building plans, subject to the
approval of the Community Development Director or his designee.
23. The applicant shall develop a Master Signage Program for the
center which specifies harmonious and consistent colors,
materials and specifications which will enhance the center's
design and meet the provisions of Lake Elsinore Municipal Code
Chapter 17.94. The Master Signage Program shall be reviewed
and approved by the Planning Commission. All signage including
free-standing signs shall be by City Permit and in conformance
with the approved Master Signage Program. The Master Signage
Program shall be approved prior to issuance of Certificate of
Occupancy or release of utilities. Individual sign permits are
required prior to the erection of each sign.
24. The project shall connect to sewer and meet all requirements of
the Elsinore Valley Municipal Water District (EVMWD).
Applicant shall submit water and sewer plans to the EVMWD and
shall incorporate all district conditions and standards.
25. A final grading plan shall be submitted and shall be subject to
the approval of the Chief Building Official.
26. Parking stalls shall be double -striped with four -inch (411)
lines two -feet (21) apart.
27. Applicant shall annex project into a City Landscape and
Lighting District.
28. Trailers utilized during construction shall be approved by
Planning Division.
29. On-site surface drainage shall not cross sidewalks.
30. All loading zones shall be clearly marked with yellow striping
and shall meet City Standards for loading zones. This project
shall be designed so that every unit is provided with a 12' x
20' loading space as required by the City's Municipal Code.
31. Exterior doors on the north elevation shall match the main
building color.
32. Prior to issuance of any grading permit or building permits,
the applicant shall sign and complete an "Acknowledgment of
Conditions" and shall return the executed original to the
Community Development Department for inclusion in the case
records.
Engineering Department
33. All Public Works requirements shall be complied with as a
condition of development as specified in the Lake Elsinore
Municipal Code at the time a building permit is issued.
AGENDA ITEM NO.�
PAGE OF�
CONDITIONS OF APPROVAL FOR INDUSTRIAL PROJECT 89-8 CONTINUED
34. Dedicate underground water rights to the City (Municipal Code,
Title 16, Chapter 16.52.030). Document can be obtained from
the Engineering Department.
35. Pay all Capital Improvement and Plan Check fees (Municipal
Code, Title 16, Chapter 16.34; Resolution No. 85-26).
36. Submit a letter of verification "Will -Serve" letter to the City
Engineering Department, from the applicable water district,
stating that water and sewer arrangements have been made for
this project, prior to applying for building permit.
37. If the existing street improvement plans are to be modified,
existing street plans on file shall be modified accordingly and
approved by the City Engineer prior to issuance of building
permit. An encroachment permit will be required to do the
work.
38. Street improvement plans and specifications shall be prepared
by a civil engineer and improvements shall be to Riverside
County Road Department standards and City Codes (Lake Elsinore
Municipal Code 12.04 and 16.34).
39. Pay all fees and meet requirements of encroachment permit
issued by the Engineering Department for construction of public
works off-site improvements (Municipal Code, Title 12, Chapter
12.08 and Resolution No. 83-78).
40. All compaction reports, grade certification, monument
certification (with tie -notes delineated on 8-1/2" x 11" mylar)
shall be submitted to Engineering Department before final
inspection of off-site improvements will be scheduled and
approved.
41. On-site drainage shall be conveyed to a public facility or
accepted by adjacent property owners by a letter of drainage
acceptance or conveyed to a drainage easement.
42. All natural drainage traversing site shall be conveyed through
site, or provided for by a method approved by the City
Engineer.
43. Applicant shall contribute $2,600.00 towards the design and
construction of a traffic signal at the intersection of Central
Street and Collier Avenue. This development will increase
traffic volume at the intersection at two -percent (2%) and
should contribute two -percent (2%) for the cost of
construction.
44. Contribute $101.00 towards the City's Master Entryway Sign
Program.
45. Prior to issuance of building permits or recordation of map,
developer shall enter into an agreement with the City to
mitigate drainage impacts by payment of a drainage mitigation
fee. Whereas the City is in the process of developing a Master
Plan _of Drainage for this area, and the final plan has not yet
been adopted but the previously completed Master Plan of
Drainage for the West End indicates a fee of $4,000 per acre is
in order, the developer shall deposit $4,000 per acre which may
be partially returned if the indicated drainage fee is lower.
AGENDA ITEM NO.
PAGE CF - -
Minutes of Planning Commission
January 17, 1990
Page 7
5. ting Tentative Tract Map 25274 - Pardee
Plan Manager Thornhill stated that the appli
make the ting due to weather conditions
this item be co ued.
Motion by Commiss
Tract Map 2E47A-
BUSINESS ITEMS
aka'not
sts that
f to continue Vesting Tentative
7, second by Chairman Brown.
IT WAS THE CONSENSUS OF THE COMMISSION THAT BUSINESS ITEMS 8, 7 AND
9 BE MOVED TO THE BEGINNING OF THE BUSINESS ITEMS.
8. Industrial Project 89-8 - Paul Carrara - Associate Planner
Restivo presented a proposal to construct an 18,255 square foot
industrial building on approximately one acre, located 135 feet
south of Minthorn Street, east of Third Street.
Chairman Brown asked if there was anyone present representing
the applicant and if there were any concerns.
Mr. Paul Carrara stated that he was in agreement with staff
recommendation.
A brief discussion was held on condition number 17, pertaining
to roof mounted equipment.
Motion by Commissioner Wilsey to recommend
adoption of Negative Declaration 89-38 and
Industrial Project 89-8 based on the Findings
the 45 Conditions of Approval listed in the
second by Commissioner Gilenson.
Approved 4-0
7. esidential Project 89-22 - Pardee Construction - Chairma
B wn stated that there has been a request for continuance dr_
thi roposal, and called for a motion.
to City Council
approval of
and subject to
Staff Report,
Motion Commissioner Wilsey to continue Residential Project
89-22 to bruary 7, 1990, second by Commissioner Saathoff.
Approved 4-
9. Industrial Proj'act 89-11 - Jess Rodriguez'- Chairman Brown
stated that there has been a request for continuance on this
proposal, and calle&-tor a motion.
Motion by Commissioner --Wilsey to continue Industrial Project
89-11 to February 71 1990,-gecond by Commissioner Saathoff.
Approved 4-0
6. Determination of Substantial Cgoformance with General Plan -
County of Riverside (Continued from-.�,anuary 3, 1990) - Planning
Manager Thornhill stated that this is. -a request for conformity
with the General Plan for the dispo�l of 3.11 acres of
property located -on the south side of,�ailroad Canyon Road,
approximately one=half mile southwest of its.ntersection with
Cottonwood Canyon Road. Government Code Se=on 65402 states
that whenever real property is acquired or'sposed of, a
determination of General Plan consistency shall made by the
!ef
lanni Commission. Pardee Construction is p osing to
urc se the property from the County of Riverside; irr order to
ctuate the sale, the Government Code determination mist be
ndered prior to disposal by the County.
There being no discussion at the table, Chairman Brown calle'ti�
for a motion.
AGENDA ITEM NO. ] r
PAGE Or. 1�
r
PLANNING DIVISION
REPORT TO
PLANNING COMMISSION
H
Business Item
I 89-8
January 17, 1990
V
PREPARED BY: IS REVIEWED BY. PROVED BY:WDavenderman Gabrielle Restivo ary Thornhill
Associate Planner City Planner . Dir.
OWNER/APPLICANT
Paul Carrara
1032 East 6th Street
Corona, California 91719
REQUESTED USE
A request to construct an 18,255 square foot industrial building.
SIZE AND LOCATION
The site is approximately one acre and is located 135 feet south of
Minthorn Street, east of Third Street. A.P. # 377-150-029
ENVIRONMENTAL SETTING
PROPOSAL
The request is for an 18,255 square foot industrial building,
situated on a one (1) acre interior lot, located 130 feet south of
Minthorn Street, east of Third Street.
The proposed building is a tilt -up concrete building with glass
store front entries and front loading doors. The building finish
includes concrete -colored, sandblasted, loading door trims; a
recessed maroon accent trim; turquoise aluminum store fronts, and a
glass walled corner entry. Architectural treatment on the street -
facing elevation includes several high windows in addition to two
(2) glass store front window areas. The south and west elevations
facing into the property lines continue the recessed maroon accent
trim color.
AGENDA ITEM NO. 65�-
PAGE 7 OF lJ
EXISTING LAND USE
ZONING
GENERAL
PLAN
Project Site -
Vacant
M-1
Limited
Industrial
North -
Vacant
M-1
Limited
Industrial
East -
Building Under
M-1
Limited
Industrial
Construction
South -
Industrial
M-1
Limited
Industrial
Building
West -
Vacant
M-1
Limited
Industrial/
Floodway
Fringe
PROPOSAL
The request is for an 18,255 square foot industrial building,
situated on a one (1) acre interior lot, located 130 feet south of
Minthorn Street, east of Third Street.
The proposed building is a tilt -up concrete building with glass
store front entries and front loading doors. The building finish
includes concrete -colored, sandblasted, loading door trims; a
recessed maroon accent trim; turquoise aluminum store fronts, and a
glass walled corner entry. Architectural treatment on the street -
facing elevation includes several high windows in addition to two
(2) glass store front window areas. The south and west elevations
facing into the property lines continue the recessed maroon accent
trim color.
AGENDA ITEM NO. 65�-
PAGE 7 OF lJ
DISCUSSION
Business Item
I 89-8
January 17, 1990
Page 2
Staff is recommending the following design review changes in order
to provide continuity in the landscape plan and to provide a
five-foot (51) landscaped area between rear property line and drive-,
way parking areas:
1) The applicant should provide one (1) centrally located
trash enclosure. This will provide the additional room
necessary for the desired landscaped setbacks.
The following change is required by the Municipal Code:
1) A five-foot (51) landscaped planter between parking
space number 26 and the drive aisle needs to be pro-
vided.
Staff has no other design review concerns.
ENVIRONMENTAL
Negative Declaration 89-38 has been prepared for this project with
the finding that all associated environmental impacts can be reduced
to less than significant levels, and no environmental impacts are
anticipated as a result of this project.
RECOMMENDATION
Staff recommends that Planning Commission recommend to City Council,
adoption of Negative Declaration 89-38 and approval of Industrial
Project 89-8, based on the following Findings and subject to the
attached Conditions of Approval.
FINDINGS
1. This project is consistent with the Goals, Policies and
Objectives of the General Plan.
2. If the attached conditions are met, the project will meet the
design directives of Chapters 17.56, 17.38 and 17.82 of the
Municipal Code.
3. If the attached conditions are met, the project will meet all
requirements and standards of the Municipal Code.
AGENDA ITEM NO.
r
PAGE OF_.A!__17
C C
OFFICE USE ONLY
Negative Declaration No. 89-38
Project: 189-8
CITY OF LAKE ELSINORE
ENVIRONMENTAL ASSESSMENT FORM
1. Developer or Project:
Contact Person: Paul Carrara
Address: 1032 East 6th
City: Corona, California Zip: 91119
Telephone Number: (_114 ) 371-2715
2. Environmental Information Prepared by: Gabrielle Restivo
Address: 130 South Main Street
City: Lake Elsinore, California -Zip: 92330
Telephone Number: ( 714 ) 674-3124
Location:
feet south
. of Tract 21297; sic
Avenue on the east s
.. . -1 - --
Total site acreage: Gross: Net: 1.01
For Residential Project:
Number of units: 9
Dwelling units per acre: N/A
Unit sizes (square feet) : 1,875 mi.nimm - maximum 5,200
Attach brief description of proposed project, including
intended use, and phasing of project, or if present
project is a phase or portion of a larger project.
4. List and describe any other related permits and other
public approvals required for this project, including
those required by local, regional, state, and federal
agencies, not including approvals from the City, fire
department, sheriff's department, and Elsinore Valley
Municipal Water District.
5. Environmental Setting:
Attach a description of the existing environmental
setting of the project site and surrounding pro-
perties, including information on topography, geo-
logy, soil stability, plants, animals, and any
cultural, historical, or scenic aspects.
AGENDA ITEM NO. 51�-
PAGE OF r
GENERAL
EXISTING LAND USE
ZONING
PLAN
Project site
Vacant
M-1
Limited
Industrial
Surrounding
Vacant
N-1
Limited
North
Industrial
Surrounding
Industrial Buildings
M-1
Limited
East
Industrial
Surrounding
Industrial Building
M-1
Limited
South
Industrial
Surrounding
West
Vacant
M-1
Limited
Industrial
AGENDA ITEM NO. 51�-
PAGE OF r
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AGENDA ITEM NO.
GlJ
a
r�i
FOR OFFICE USE ONLY
I. MANDATORY FINDINGS OF";SIGNIFICANCE:
a. Does.,the project have the
potential to degrade the
quality of the environment,
substantially reduc6•-the
habitat of a fish or wildlife
species, cause a fish or wild-
life population to drop belpyo :t ;. .
self-sustaining levels,
threaten to eliminatd a plant
or animal community, reduce
the number or restrict the *:
range of a rare or endangered
plant or animal or eliminate
important examples of the
major periods of California
history or prehistory?
b. Does the project have the
potential to achieve short-
term, to the disadvantage
of long-term, environmental
goals?
c. Does the project have impacts
which are individually limited,
but cumulatively considerable?
YES MAYBE NO
All of the above must be answered "no" for a negative
declaration to be issued.
II. DETERMINATION:
1/
The proposed project should not have a significant
effect on the environment and a Negative Declaration
w'11 be prepared.
Although the proposed project could have a signifi-
cant effect on the environment, it will not in this
case because of the attached mitigation measures.
A Negative Declaration will be prepared.
The proposed project
on the environment.
III. REVIEWED BY:
may have
An EIR is
a_
a significant effect
required.
DATE: �!
PLANNING DIRECTOR: ATE: L 10
AGENDA ITEM NO. ;�
PAGE .0FJ
r r
7. ENVTRONMENTAL SUPPLEMENT
l.b. Disruptions, displacements, compaction or overcovering of
the soil - Grading will be required for development of the
site. The project site is flat and surface relief will
not be significantly altered with grading. No unique
geologic features exist on the site. Grading will be in
accordance with the Uniform Building Code, the City's
Grading Ordinance, and pursuant to a soils report no
environmental impacts are anticipated.
l.g. Liquefaction hazards - The site, is designated by the City
of Lake Elsinore 1992 "Sensitive Development Overlay
Zones" Map as a potential liquefaction zone. A report by
California Geo Tek, Inc., dated January 29, 1986, for
Tentative Parcel Map 21297 concluded that the site had a
low potential for liquefaction. For commercial
development all grading plans must be submitted with a
site specific soils report. The building official is
responsible for ensuring that any potential geologic
hazards described in the reports are mitigated with
grading/construction practices recommended in the
findings. No environmental impacts are anticipated.
3.b,c. Addition of impervious surfaces, alterations to the course
i,16.e. of flow or flood waters, and exposure of people to flood
hazards.
The Federal Emergency Management Agency (FEMA) Maps dated
November 19, 1987, indicate this area is in a 100 year
flood plain with an average depth of flooding of one foot.
The site is designated AO according to panel number
0606360002C of the referenced map. Increases in
impervious surfaces will increase drainage flows.
Currently drainage is being directed to the Temescal Wash
from Third Street. A master drainage plan is being
proposed for the area which includes improvements for a
Third Street drainage channel and improvements to Temescal
Wash. Mitigation fees will be levied against the
developer in order to assist in the payment of the above
mentioned storm drainage improvements. It has been
determined by City Engineering staff that unimproved storm
drainage capacities of Third Street and the Temescal Wash
are adequate for this project and that no environmental
impacts are anticipated. All buildings within the 100
year floodplain of the Temescal Wash floodway will have to
meet the requirements of sections 15.64, The Flood Damage
Prevention Ordinance and 15.68, Floodplain Management
Ordinance. These ordinances require review and approval
of development plans by the floodplain administrator
(Building Official) and architect/engineer certification
of final grades and ground floor elevations. No environ-
mental hazards/impacts are anticipated.
7. The project will generate a limited amount of light and
glare. The project is in an area proposed for industrial
use and increased light and glare is anticipated. Outdoor
lighting will be shielded and directed downward to avoid
light/glare above the horizontal plane. No environmental
impacts are anticipated.
13.b. Off-street parking will be required for this project.
Parking will be provided per code requirements and no
environmental impacts are anticipated.
L�
AGENDA ITEM NO.ti
PAGE. C�_
MITIGATION MONITORING PROGRAM
INDUSTRIAL PROJECT 89-8
I.b,g. GRADING HAZARDS AND LIQUEFACTION HAZARDS
MITIGATION: Grading will be pursuant to the Uniform
Building Code, the City's Grading Ordinance, and pursuant
to a geotechnical report. Recommendations/mitigation for
liquefaction hazards will be required to be implemented in
the approved grading plan.
MONITORING: The building official of the City of Lake
Elsinore is responsible for ensuring that geotechnical
recommendations pursuant to reports are implemented in
grading plans. Releases will not be given for grading
plans unless grading is completed per approved plans.
3.b,c,i,16.e. DRAINAGE, ALTERING THE COURSE OF FLOOD WATERS,
EXPOSURE OF PEOPLE TO FLOOD HAZARDS
MITIGATION: All development within the 100 year flood-
plain of Temescal Wash must meet the requirements of the
City's Flood Damage Prevention Ordinance and Floodplain
Management Ordinance. The project will be conditioned to
meet these requirements. A fee for storm drainage impacts
will be levied against the project for a master storm
drainage plan for the site and surrounding industrial/Warm
Springs area.
MONITORING: The building official will be required to
enforce all requirements of Chapter 15.64 and 15.68 for
building permit approval. Storm drainage fees will be
collected prior to issuance of building permits by the City
Engineering staff.
7. LIGHT AND GLARE
MITIGATION: The project will be conditioned for shielded,
exterior lights.
MONITORING: A detail of exterior lighting will be required
for building permits. On-site lighting must be consistent
with approved detail plans for release of occupancy.
Planning staff will be responsible for ensuring mitigation
is upheld.
13.b. TRANSPORTATION/CIRCULATION
MITIGATION: Parking will be provided per City code.
MONITORING: Parking requirements will be a part of
planning conditions of approval. Planning staff is
required to review plans to ensure parking is provided per
project conditions prior to release of building permits.
AGENDA ITEM NO.
PAGE C'
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AGENDA ITEM NO.
PAGE 3F -
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AGENDA ITEM NO.
PAGE 3F -
�
REPORT TO THE CITY COUNCIL/REDEVELOPMENT AGENCY
DATE: February 13, 1990
SUBJECT: Stej2hens- Kangaroo Rat
Interim Habitat Conservation Plan
and Supporting Documentation
PREPARED REVI APPROVED( i J L�
BY: BY: BY:
H4r,dy/)q.-Strp1fzier Dave G Berman Ston endyk
The Aanning Commu 'ty Development City Manager
Associates Director
BACKGROUND:
Riverside County and the Cities of Riverside, Moreno Valley, Lake Elsinore,
Hemet, and Perris (applicant jurisdictions) have submitted an application
to the U.S. Fish and Wildlife Service for a permit to incidentally take
Stephens' kangaroo rat (SKR) in association with various proposed public
and private projects in the western portion of the county. The area
covered by the proposed permit would include much of the historical range
of the Stephens' kangaroo rat within the county and would allow take
(destruction of the species' habitat) resulting from development of up to
4,500 acres (20 percent) of the approximately 22,000 acres of remaining
occupied habitat for the species. To mitigate for the loss of habitat, it
is proposed that up to 4,500 acres (private lands) of occupied habitat
adjacent to lands currently in public ownership be acquired and placed into
public ownership for the management of the species. The acquisition of the
private lands would be funded from mitigation fees ($1,950 per acre)
collected by the applicant jurisdictions. The applicant jurisdictions
would approve the issuance of land development permits, subsequent to CEQA-
mandated review of potential impacts to other environmental resources, for
public and private project proponents in specified portions of the county
during a period of two years from issuance of the Federal permit allowing
incidental take. The issuance of the permit would respond to the immediate
need to allow for otherwise lawful private and public improvement projects
compatible with the existence and recovery of the Stephens' kangaroo rat
under the limitations and constraints imposed by the Endangered Species
Act, and other applicable Federal, State, and local laws.
SECTION 10(a) PERMIT REQUIREMENTS
The application for a Section 10(a) permit was submitted by the applicant
jurisdictions and accompanied by:
a. A complete description of the activity for which the permit is being
sought;
b. The common and scientific names of the species to be covered by the
permit; and
c. A "Habitat Conservation Plan" that specifies:
1) The impact that will likely result from the proposed taking of
the species;
2) Steps the applicant will take to monitor, minimize, and mitigate
such impacts;
3) The level and source of funding available to implement such
steps;
AGENDA ITEM NO.3
PAGIE�,.� OF
Stephens' Kangaroo Rat
Interim Habitat Conservation Plan
and Supporting Documentation
February 13, 1990
Page 2
4) Procedures that will be used to deal with unforeseen
circumstances;
5) The names of the responsible party or parties; and
6) Alternatives to the taking and the reasons why they were not
pursued.
The application is submitted to the Secretary of the Interior, who, after a
public comment period, may issue the permit if it is found that:
a. The taking will be incidental;
b. The applicant will, to the maximum extent possible, minimize and
mitigate the impacts of the taking;
c. The applicant will ensure that adequate funding for the plan will be
provided; and
d. The taking will not appreciably reduce the likelihood of the survival
and recovery of the species in the wild.
nT9r__TISSTnN-
Prior to obtaining the Section 10(a) Permit the applicant jurisdictions,
including Lake Elsinore, must review and adopt the following:
1. DEIR/DEIS for the Interim Habitat Conservation Plan
2. Interim Habitat Conservation Plan
3. Joint Exercise of Powers Agreement
4. Memorandum of Understanding
5. Implementation Agreement
6. Allocation of the Take
These documents are all included herein and briefly described below:
Interim Habitat Conservation Plan and Joint DEIR/DEIS:
The "Interim Habit Conservation Plan for the Stephens' Kangaroo Rat
(Interim HCP)" is a short-term program for the conservation of populations
of the SKR through protection of substantial portions of habitat occupied
by the species within western Riverside County. it will be used to support
an application for a federal Endangered Species Act (ESA) Section 10(a)
permit to cover habitat loss outside of potential reserve areas during a
two-year planning process. The interim HCP will also provide for
mitigation of the take allowed during such two-year period. It also will
be implemented in conjunction with the development of a long-term program
designed to establish and manage a network of permanent reserves for the
species within its historic range. A joint EIR/EIS was prepared for the
Interim HCP.
AMENDA fTtM NO.
• PAGE a' OF_d�
Stephens' Kangaroo Rat
Interim Habitat Conservation Plan
and Supporting Documentation
February 13, 1990
Page 3
Im2lementation_Agreement
The County will enter into agreements with the participating local, state,
and federal agencies regarding the implementation of the HCP. The
agreements will specify (1) the responsibilities of each agency; (2)
procedures for the collection and documentation of information on habitat
impacts; (3) the level, collection, and use of SKR mitigation fees; (4) the
acquisition, ownership, and management of SKR habitat; and (5) Section
10(a) permit conditions and enforcement procedures, including the process
for permitting incidental take outside of the HCP mitigation fee area. The
participation of cities will require (1) adoption of an interim ordinance
and SKR mitigation fee substantially equivalent to the County's, including
the designation of funds for reserve planning and acquisition; and (2)
adoption of the interim HCP, including implementation of the conservation
program.
Joint _Powers Agreement
An agreement by and between the other applicant jurisdictions for the
acquisition, administration, operation and maintenance of land and
facilities for ecosystem conservation and habitat reserves for the
Stephens' kangaroo rat and other listed or candidate threatened or
endangered species.
Memorandum of Understanding
An agreement between the applicant jurisdictions and the United States Fish
and Wildlife Service, authorizing incidental take of the SKR and its
habitat in accordance with the terms and conditions of the Interim HCP and
the Implementation Agreement.
Allocation of the Take
The Section 10(a) permit will only cover incidental take which is outside
of the SKR reserve study areas and within the jurisdiction of local
agencies formally participating in the SKR program. The maximum amount of
take to be allowed during the permit period will be limited to twenty
percent (i.e., 4,500 acres) of the total amount of occupied SKR habitat
within the HCP study area. Of that 4,500 acres, it is proposed that Lake
Elsinore be allocated 6% or 260 acres.
Additional Considerations
A portion of the Ramsgate project lies within a potential reserve area. As
part of a reserve area, no take will be allowed during the period covered
by the Interim HCP. A significant portion of the proposed North Peak
project also lies within a potential reserve area. The owners of Ramsgate
will be making a proposal to the United States Fish and Wildlife Service
involving prepayment of fees or actual land purchases to remove their
property from a potential reserve area.
RECOMMENDATION:
It is recommended that the City Council:
1. Receive and file the Stephens' Kangaroo Rat documents enclosed
herewith; and
2. Authorize staff to set up City Council workshop to review and discuss
the various documents related to the Interim Habitat Conservation Plan.
'AGENDA ITEM NO.
PArF: -3 04
A G E N D A
REDEVELOPMENT AGENCY
CITY OF LAKE ELSINORE
545 CHANEY STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, FEBRUARY 13, 1990
POLICY OF THE REDEVELOPMENT AGENCY: "Only those items filed with
the Secretary of the Redevelopment Agency by Noon on Tuesday,
prior to the following Tuesday meeting, will be considered by the
Agency at said meeting."
1. CALL TO ORDER
2. ROLL CALL
3. CONSENT CALENDAR
All matters on the Consent Calendar are to be approved on one
motion unless a Boardmember requests separate action on a
spici fiiiinuees
1. January 23, 1990 - Regular Redevelopment
Agency Meeting.
B. Warrant List - January 31, 1990.
C. Geographic Information System - Proposal for
Development of Conceptual Design and Implemen-
tation Strategy.
D. Property Acquisition - Preliminary Title
Reports and Appraisals.
E. Bond Anticipation Notes - Resolution_ No. RDA
90-1.
F. Appointment of Bond Underwriter/Bond Counsel
Resolution No. RDA 90-2.
G. Tentative Tract Map 24624 - Centex Homes.
H. Commercial Project 89-8 - Krouse Builders.
I. Industrial Project 89-8 - Paul Carrara.
4. j PUBLIC HEARINGS
None.
RECOMMENDATION
Approve
Ratify.
Accept
Proposal.
Approve
Staff
Recomm.
Adopt Res.
No. RDA
90-1.
Adopt Res.
No. RDA
90-2.
Concur
with
Council
Action.
Concur
with
Council
Action.
Concur
with
Council
Action.
6.
7.
8.
9.
PAGE TWO - REDEVELOPMENT AGENCY AGENDA - FEBRUARY 13, 1990
BUSINESS ITEMS
A. Arvida Agreement.
EXECUTIVE DIRECTORS REPORT
REPORTS AND RECOMMENDATIONS
CLOSED SESSION
ADJOURNMENT
Approve
Agmt.
MINUTES
REGULAR REDEVELOPMENT AGENCY MEETING
CITY OF LAKE ELSINORE
545 CHANEY STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, JANUARY 23, 1990
******************************************************************
1. CALL TO ORDER
The Regular Redevelopment Agency Meeting was called to order
by Chairman Washburn at 7:50 p.m.
2. ROLL CALL
PRESENT: BOARDMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN,
WINKLER
ABSENT: BOARDMEMBERS: NONE
Also present were: Executive Director Molendyk, Assistant
City Manager Rogers, Legal Counsel Harper, Administrative
Services Director Wood, Community Development Director
Gunderman, Community Services Director Watenpaugh, Public
Services Director Kirchner and Clerk of the Board Kasad.
3. CONSENT CALENDAR
Item #3.C. was pulled from the Consent Calendar for further
discussion and consideration.
Boardmember Winkler advised that he would be abstaining on
Item No. 3.D.
MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE
TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED.
A. The following Minutes were approved:
1. January 9, 1990 - Regular Redevelopment Agency Meeting.
B. Received and ordered filed the Investment Report for
December, 1989.
D. Approved Pass Through Agreement with the County of
Riverside for Project Area III. (Boardmember Winkler
abstained from vote on this item).
ITEM PULLED FROM CONSENT CALENDAR
C. Economic Development - Initiation of Resort/Tourism
Program.
Chairman Washburn detailed the content and purpose of this
proposal.
Boardmember Dominguez reminded the Board that the Casino
should be included as a Tourism factor in this program.
MOVED BY STARKEY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS
VOTE TO ADOPT THE REPORT PRESENTED AS A GUIDELINE TO INITIATE A
MAJOR EFFORT FOR RESORT/TOURISM.
4. PUBLIC HEARINGS
None.
AGENDA ITEM NO.—
PAGE OF
PAGE TWO - REDEVELOPMENT AGENCY MINUTES - JANUARY 23, 1990
5. NEW BUSINESS
None.
6. EXECUTIVE DIRECTORS REPORT
Executive Director Molendyk advised that staff is pursuing the
downtown demonstration block and necessary contractual
services to complete the improvements.
7. REPORTS AND RECOMMENDATIONS
None.
THE REDEVELOPMENT AGENCY MEETING WAS RECESSED AT 7:56 P.M.
THE REDEVELOPMENT AGENCY MEETING RECONVENED AT 7:59 P.M.
8. CLOSED SESSION
THE REDEVELOPMENT AGENCY ADJOURNED TO CLOSED SESSION AT 8:00 P.M.
TO DISCUSS MATTERS OF LITIGATION AND POTENTIAL LITIGATION
INVOLVING LAKE ELSINORE ASSOCIATES AND ARVIDA COMPANY.
(Boardmember Winkler did not participate in this closed session.)
THE REDEVELOPMENT AGENCY RECONVENED AT 8:50 P.M. NO ACTION
TAKEN.
9. ADJOURNMENT
MOVED BY BUCK, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE
TO ADJOURN THE REGULAR REDEVELOPMENT AGENCY MEETING AT 8:51 P.M.
ATTEST:
VICKI LYNNE KASAD
CLERK OF THE BOARD
REDEVELOPMENT AGENCY
GARY M. WASHBURN, CHAIRMAN
REDEVELOPMENT AGENCY
CITY OF LAKE ELSINORE
AGENDA ITEM, NO. �
PAGE OF
LAKE ELSINORE-RDA
PAGE NO,
DEMAND/WARRANT REGISTER NO. 90-071 DATE 01/31/90
OUCHER
N0.
PAYEE
DETAIL OF DEMANDS PRESENTED
WARRANT CHECK
WRITTEN
DESCRIPTION ACCOUNT CHG'D INV. NO, AMOUNT
NO.
AMOUNT
ALLEW & ASSOCIATES, INC. 1269
6709.84
ALLEW & ASSOCIATES, INC. 251
690.00
ANKERS TRUST COMPANY OF CAL 252
1690.17
ILLIAM S. BUCK ;1270
60.00
RED DOMINGUEZ 11271
610.00
LSINORE OFFICE PRODUCTS 9262
73.56
I
ITY OF LAKE ELSINORE 265
5000.00
ITY OF LAKE ELSINORE 266
21.02
AKE ELSINORE MANAGEMENT 263
25000.00
ETER J. LEHR 1272
3000.00
J.M. DESIGN GROUP, INC. 11273
17264
2198.00
COUNTY OF RIVERSIDE
1422.09
ILL STARKEY 11274
I
60.001
ARY WASHBURN 1275
60.00
IM WINKLER 11276
60.001
1
HARCHOL/HARTMAN & ASSOC. 1277
1716.19
HARCHOL/HARTMAN & ASSOC. 1261
3170.591
AGENDA ITEM NO. •
PAGE OF
LAKE ELSINORE—RDA
DEMAND/WARRANT REGISTER NO, 90-071
PAGE NO.
DATE 01/31/90
OUCHER
N0.
PAYEE
DETAIL OF DEMANDS PRESENTED
WARRANT CHECK
WRITTEN
❑ESCHJPTION
ACCOUNT CHG'❑
INV. NO. AMOUNT
NO.
AMOUNT
RITTEN
13924.03
REPAID
37067.43
CCRUED
.00
OTAL
509%1.46
RECAP 8Y FUND
RE—PAID
4RITTEN
OPERATING FUND — AREA I 910
15773.07
1551.14
CONSTRUCTION FUND — AREA 911
3170.59
4470.60
OPERATING FUND — AREA II 920
9061.2E
1551.14
CONSTRUCTION FUND — AREA 921
.00
3000.00
s
OPERATING FUND — AREA IIIP30
1
9061.89
3351.15
AGENDA ITEM NO.
PAGE OF
REPORT TO REDEVELOPMENT AGENCY
DATE: February 13, 1989
SUBJECT: Geographic Info ation System
PREPARED BY: APPROVED BY:
Ray Wood, Administrative Ron Molendy , City Manager
Services Director
BACKGROUND
The City and Agency have a rapidly growing need for the
ability to access large amounts and varied types of data
related to the land uses and development within the City. The
types of data needed relate to all aspects of the land uses
such as zoning, mapping, building public facilities,
engineering, etc. Much of the information is presently
unavailable in usable form or is available only after
tedious and time consuming manual research and compilation.
The matter of the needs in this area have been under review
and study for the past couple of years.
FINDINGS
The City and Agency need to acquire a sophisticated system
which will serve to resolve present problems and needs in the
area of Geographic information and to handle the rapid growth
the City is experiencing.
After extensive planning and administrative service staff
review of the Geographic Information Systems available in the
market place it has been determined that the best available to
us has been developed by Environmental Systems Research
Institute (ESRI) of Redlands, California. Their system is
probably the most widely used in the world. Riverside County
is currently on the system, thus allowing us direct access to
County Records for updates of data, etc.
ESRI has submitted a proposal for the development of a GIS
conceptual design and implementation strategy for Lake
Elsinore. This is the first step toward total system
acquisition and implementation.
FISCAL IMPACT
The 1989/90 Budget includes $100,000 for the purpose of
commencing implementation of a GIS system. The ESRI proposal
for the initial stage is $29,895.
RECOMMENDATION
It is recommended that the Agency accept the proposal of ESRI
and authorize the commencement of work as outlined in the
proposal.
GENDA ITEM NO. - ,36C-*
'
PAGE OF
REPORT TO REDEVELOPMENT AGENCY
DATE: February 13, 1989
SUBJECT: Property Acaul ition
PREPARED BY: APPROVED BY:
Ray Wood, Administri;Eive Ron Molend k, City Manager
Services Director
The completion of the Lake Stabilization Program will make a
substantial area of property in the Flood Plain available for
development. As a part of the long range potential
development in the area it is desirable to obtain preliminary
title reports and appraisals on the 100-125 parcels identified
in the area.
FINDINGS
A number of title companies and appraisal firms were contacted
for proposals for this project. While some were not
interested in the project, we were able to receive proposals.
Two title companies submitted proposals for preliminary title
reports part of the project:
Stewart Title $300 per parcel
Chicago Title $1,000 per parcel
Two appraisal companies presented a joint proposal for $90,000
for the appraisal portion of the project. They are, John P.
Neet, MAI and W.J. Carlson Associates.
FISCAL IMPACT
The initial outlay for this project will be approximately
$127,500. However, this amount will be recoverable from the
developer(s) as the area is developed.
It is recommended that the Agency approve the issuance of
purchase orders to the Stewart Title Company not to exceed
$37,600 and John P. Neet/J.W. Carlson Associates for $90,000
to accomplish this project.
AGENDA 1 TEM IVO.
_ 30-00.1
PAGE0� 1
REPORT TO CITY COUNCIL/REDEVELOPMENT AGENCY
DATE: February 13, 1989
SUEWi .L . Bond Anticiy,&!,-ionivvtca
PREPARED BY: r~ - ED BY:
APP V L
RO
Ray Wood, Administra ve •Ron Molenk, City Manager
Services Director
BACKGROUND
In September, 1989, the Agency issue $3,500,000 Bond
Anticipation Notes maturing March 12, 1990 for the purpose of
acquisition of the Lehr property. At the time it was
anticipated that the notes would be redeemed from the proceeds
of a pending Tax Allocation Bond issue. As a result of the
failure of a local newspaper to properly publish a related
notice, the Bond Issuance Proceedings have been delayed to the
extent that originally anticipated funds will not be available
for the March 12, maturity.
FINDINGS
In order to meet the March 12, 1990, maturity of the original
notes, new Bond Anticipation Notes will need to be issued.
FISCAL IMPACT
The necessity to follow this course of action will result in
additional costs of issuance and interest on the new issue
totaling approximately $328,875.
RECOMMENDATION
It is recommended that the City Council adopt Resolution No.
and the Agency adopt Resolution No. k ,
authorizing the issuance of the related Bond Anticipation
Notes.
AGENDA ITEM NO. ■
PAGE DF
RESOLUTION NO. R A V1
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF LAKE ELSINORE AUTHORIZING ISSUANCE OF
$3,800,000 PRINCIPAL AMOUNT OF RANCHO LAGUNA
REDEVELOPMENT PROJECT AREA NO. III TAXABLE
REFUNDING BOND ANTICIPATION NOTES, 1990 SERIES,
APPROVING AND AUTHORIZING AND DIRECTING
EXECUTION OF INDENTURE OF TRUST RELATING
THERETO, AUTHORIZING SALE OF SUCH NOTES,
APPROVING OFFICIAL STATEMENT AND PROVIDING
OTHER MATTERS PROPERLY RELATING THERETO.
WHEREAS, the Agency is authorized pursuant to the
Community Redevelopment Law, being Part 1 of Division 24
(commencing with Section 33000) of the Health and Safety Code
of the State of California (the "Law") and pursuant to the
provisions of Chapter 6 of Division 6 of Title 1 (commencing
with Section 5900) of the Government Code of the State of
California (the "Taxable Law") to issue its taxable refunding
bond anticipation notes for the purpose of refinancing
redevelopment activities within and of benefit to its
redevelopment project areas; and
WHEREAS, after due investigation and deliberation,
the Agency has determined that it is in the interests of the
Agency at this time to provide for the issuance of its
Redevelopment Agency of the City of Lake Elsinore Rancho
Laguna Redevelopment Project Area No. III Taxable Refunding
Bond Anticipation Notes, 1990 Series (the "Notes"), for the
purpose of refinancing redevelopment activities within and of
benefit to the Agency's Rancho Laguna Redevelopment Project
Area No. III; and
WHEREAS, the Notes are proposed to be issued pursuant
to an Indenture of Trust (the "Indenture") dated a of March 1,
1990, by and between the Agency and the Bank of New York Trust
Company of California, as trustee; and
WHEREAS, as authorized by the Taxable Law, the Agency
hereby determines that the interest payable on the Notes will
be subject to federal income taxation under law in existence
on the date of issuance of the Notes; and
AGENDA i 1 ' . - . - �
PACS O
WHEREAS, the Taxable law authorizes the Notes to be
sold at private sale and the Agency proposes to sell the
Notes at private sale to First California Capital Markets
Group (the "Underwriter"), all on the terms and conditions
herein set forth and as provided in the form of Purchase
Contract (the "Purchase Contract") on file with the Secretary,
and
WHEREAS, the Underwriter has caused to be prepared an
Official Statement describing the Notes, the preliminary form
of which is on file with the Secretary; and
WHEREAS, the Agency, with the aid of its staff has
reviewed the Indenture, the Purchase Contract and the Official
Statement; and the Agency wishes at this time to approve the
foregoing in the public interests of the Agency;
NOW, THEREFORE, BE IT RESOLVED by the Redevelopment
Agency of the City of Lake Elsinore, as follows:
Section 1. Insurance of Notes; Approval of
Indenture. The Agency hereby authorizes the issuance of the
Notes under and pursuant to the Law, the Taxable Law and the
Indenture, in the aggregate principal amount of $3,800,000.
The Agency hereby approves the Indenture in substantially the
form thereof on file with the Secretary together with any
additions thereto or changes therein deemed necessary or
advisable by the Executive Director, including, without
limitation, the addition to the Indenture of the final
interest rate payable with respect to the Notes as contained
in the Purchase Contract hereinafter approved, and execution
of the Indenture shall be deemed conclusive evidence of the
Agency's approval of such additions or changes. The Chairman
and Secretary of the Agency are hereby authorized and directed
to execute, attest and affix the seal of the Agency to the
Indenture for and in the name and on behalf of the Agency.
The Agency hereby authorizes the delivery and performance of
the Indenture.
AGENDA ITEM iso,
PAGE 3 p� .7
Section 2. Sale of Notes. The Agency hereby
authorizes the sale of the Notes to the Underwriter pursuant
to and in accordance with the Purchase Contract in
substantially the form on file with the Secretary together
with any additions thereto or changes therein approved by
either the Executive Director or the Finance Officer of the
Agency (or the written designee of either), whose execution
thereof shall be conclusive evidence of such approval. The
Agency hereby delegates to both the executive Director and the
Finance Officer (and to the written designee of either) the
authority to accept an offer from the Underwriter to purchase
the Notes from the Authority and to execute the Purchase
Contract for and in the name and on behalf of the Agency;
provided, however, that the stated interest rate payable with
respect to the Notes shall not exceed ten and one-half percent
(10.5%) per annum and the purchase price paid by the
Underwriter for the purchase of Notes shall be not less than
ninety-eight percent (98%) of the par amount thereof,
excluding any original issue discount on the Notes.
Section 3. Official Statement. The Agency hereby
approves the preliminary Official Statement describing the
Notes, in substantially the form on file with the Secretary,
together with any changes therein or additions thereto
necessary or convenient to cause the preliminary Official
Statement to describe accurately matters pertaining to the
Notes. The Underwriter is hereby authorized to distribute the
preliminary Official Statement in connection with the
marketing of the Notes. The Chairman (or his written
designee) is hereby authorized and directed to approve any
changes in or additions to the final form of such Official
Statement as the Chairman (or his written designee) shall deem
advisable to cause the final Official Statement to describe
accurately the Notes and matters contained in the Purchase
Contract, the Indenture and the related proceedings and
actions and to execute (or to cause to be so executed by his
written designee) said final Official Statement for and in the
name and on behalf of the Agency.
AGENDA iTEM NO. �a��
PAGE �1� p=
Section 4. Official Action. All actions heretofore
taken by the officers and agents of the Agency with respect to
the issuance of the Notes are hereby approved, confirmed and
ratified. The Chairman, the Executive Director and the
Secretary -Treasurer, the Finance Officer and the General
Counsel of the Agency and any and all other officers of the
Agency are hereby authorized and directed, for and in the name
and on behalf of the Agency, to do any and all things and take
any and all actions, including execution and delivery of any
and all assignments, certificates, requisitions, agreements
(including but not limited to an agreement for investment of
the proceeds of the Notes), notices, consents, instruments of
conveyance, warrants and other documents, which they or any of
them, may deem necessary or advisable in order to consummate
the sale, issuance and delivery of the Notes to the
Underwriter pursuant to the documents approved herein.
Section 5. Effective Date. This resolution shall
take effect from and after the date of approval and adoption
thereof.
PASSED APPROVED AND ADOPTED this 13th day of
February, 1990, by the following vote:
AYES: BOARDMEMBERS:
NOES: BOARDMEMBERS:
ABSENT: BOARDMEMBERS:
ABSTENTIONS: BOARDMEMBERS:
GARY M. WASHBURN, CHAIRMAN
REDEVELOPMENT AGENCY
CITY OF LAKE ELSINORE
ATTEST:
RON MOLENDYK, SECRETARY
APPROVED AS TO FORM AND LEGALITY:
JOHN HARPER, LEGAL COUNSEL �+
AGENDA ITEM NO. - �' ice" •
PAGE OF�
REPORT TO CITY COUNCIL/REDEVELOPMENT AGENCY
DATE: February 13, 1989
SUBJECT: Bond Underwrit r Bond C unsel
PREPARED BY: `��F; APPROVED BY • 's"
(: 1 A";, L___1
Ray Wood, Administratz BY:
Molendy , City Manager
Services Director
BACKGROUND
With the impending growth the City is anticipating very large
financing requirements over the next few years. Developers
are expected to utilize various vehicles, such as Mello -Roos
and special assessment districts, to finance infrastructure.
The Agency anticipates use of Tax Allocation Bonds, the City
may well have need to utilize certificates of participation
and other debt instruments. The City and Agency have created
the Lake Elsinore Public Financing Authority in order to
facilitate needed financing and the Authority has appointed
underwriter and Co Bond Counsel.
FINDINGS
It is more and more apparent that there will be many sources
and types of financings occurring in the relatively immediate
future. All of the public financing vehicles to be used will
be City or Agency proceedings, not those of developers or
others. Because of the variations and volumes of the findings
it is imperative that we utilize all possible means to insure
efficiency and consistency, avoid duplications of effort and
maintain cost control. It is felt that working with the same
underwriting firm and Bond Counsel in every situation will
enhance these matters.
FISCAL IMPACT
There will be no fiscal impact on City funds since all related
costs of underwriting and bond counsel will be absorbed by the
individual debt proceedings.
It is recommended that the City Council and Redevelopment
Agency adopt Resolutions No . -()-- (r and No . 0--1,?,
respectively appointing underwriter and Co Bond Counsel for all
local obligations to be considered by the Lake Elsinore Public
Financing Authority.
AGENDA ITEM NO.�
PAGE OF�_
RESOLUTION NO
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
LAKE ELSINORE APPOINTING AN INVESTMENT BANKING FIRM AND
CO -BOND COUNSEL FIRMS FOR PURPOSES ALL BONDS AND
OTHER LOCAL OBLIGATIONS OF THE CITY TO BE ACQUIRED
OR OTHERWISE FINANCED BY THE LAKE ELSINORE PUBLIC
FINANCING AUTHORITY WITH PROCEEDS OF ITS BONDS AND
PROVIDING OTHER MATTERS PROPERLY RELATING THERETO.
WHEREAS, pursuant to Articles 1 through 4 (commencing
with Section 6500) of Chapter 5, Division 7, Title 1 of the
Government Code of the State of California (the "Act"), the
City of Lake Elsinore (the "City") and the Redevelopment
Agency of the City of Lake Elsinore (the "Agency") have by
Joint Exercise of Powers Agreement, dated as of July 15, 1989,
as amended November 28, 1989 (the "Agreement"), created the
Lake Elsinore Public Financing Authority (the "Authority")
for the purposes, among other things, of assisting the City
and the Agency in the financing of Public Capital Improvements
as defined in and pursuant to the Marks -Roos Local Bond
Pooling Act of 1985, being Article 4 of the Act (commencing
with Section 6584) (the "Bond Law"); and
WHEREAS, the Authority has determined to implement a
program for the financing of Public Capital Improvements for
and on behalf of the City and the Agency by the purchase of
local obligations of the City and Agency, or otherwise as
authorized by the Agreement and the Bond Law, with the
proceeds of the issuance of $500,000,000 of local agency
revenue bonds (the "Bonds"),, the Bonds to be issued in series
and sold and delivered from time to time as funds are required
for the financing of such Public Capital Improvements; and
WHEREAS, the Redevelopment Agency has determined that
it is in the best interests of the City, the Agency, the
Authority and the general public to appoint two firms as
co -bond counsel for all bonds and other local obligations of
the City to be purchased or otherwise financed by the
Authority with the proceeds of the Bonds; and
AGENDA ITEMI N:cl. As-E—
PAGE
- OF:
WHEREAS, such determination of the Redevelopment
Agency is based on the advice of City staff to the
Redevelopment Agency that the appointment of one firm as the
investment banking firm and two firms as co -bond counsel for
all such bonds and other local obligations will, in accordance
with the purposes of the Bond Law and the Agreement, avoid
duplication of effort, inefficiencies in administration, and
excessive cost in the acquisition and financing of such Public
Capital Improvements.
NOW, THEREFORE, BE IT RESOLVED by the Redevelopment
Agency of the City of Lake Elsinore as follows:
Section 1. Except as the Redevelopment Agency may
hereafter order to the contrary, the investment banking firm of
First California Capital Markets Group, Inc., is hereby
appointed as the investment banking firm for all bonds and
other local obligations of the City to be purchased or
otherwise financed by the Authority with the proceeds of the
Bonds and the law firms of Harper & Burns and Jones Hall Hill
& White, a Professional Law Corporation, are hereby appointed
as co -bond counsel for all bonds and other local obligations of
the City to be purchased or otherwise financed by the
Authority with the proceeds of the Bonds.
Section 2. This Resolution shall take effect from
and after its adoption.
PASSED, APPROVED AND ADOPTED this 13th day of
February, 1990, by the following vote:
AYES: BOARDMEMBERS:
NOES: BOARDMEMBERS:
ABSENT: BOARDMEMBERS:
ABSTENTIONS: BOARDMEMBERS:
GARY M. WASHBURN, CHAIRMAN
REDEVELOPMENT AGENCY OF THE
CITY OF LAKE ELSINORE
AGENDA ITEM NO.
PAGE OF
ATTEST:
RON MOLENDYK, SECRETARY
APPROVED AS TO FORM AND
LEGALITY:
JOHN HARPER, LEGAL COUNSEL
s
AGENDA ll r�� t•�
PAGE OF
REPORT TO THE CITY COUNCIL/REDEVELOPMENT AGENCY
DATE: February 13, 1990
SUBJECT: Tentative Tract Map 24624: Centex Homes: a
request for proval of ziZ=tatiye
divide 203.4 acres into 5
one open space lot of 2.3+ acrpg, and one 4.0+
acre lot for Rarklocated south of the
extension of Xguntain
terminus of Broadway Avenue.
PREPARED BY: �� APPROVED BY Ah
G Thornhill Daveferman
Planning Manage Comm.. Dir.
APPROVED BY: ��
Ron Mo endyk
City M nager
BACKGROUND
The Planning Commission, on January 17, 1990, on a 4-0 vote,
recommended approval of the request. There was a substantial
amount of discussion relative to the dedication of an all
purpose trail proposed along "I" Street. The Commission
recommended adoption of Condition 50 as follows:
Condition No. 50: All attempts will be made to dedicate area
sufficient to coincide with the County's
trail system, at the beginning of the
terminus to match as closely as possible
with that trail system. A final design
and required dedication to be directed by
the Community Development Director and if
he is unable to do it then is shall come
back to the Commission.
Since the Commission hearing on this matter, staff and the
applicant met to discuss the proposed street and trail
sections, and conclude that the trail should be located
within the 80 (eighty) foot street section. Further, it is
proposed that the recreation trail be 10 (ten) feet in width
(5 (five) feet for bikepath, 5 (five) feet for sidewalk),
divided by a white painted stripe, and composed of 2 (two)
inches of asphalt base (see attached Exhibit B).
There also were numerous changes in conditions, as reflected
in the Planning Commission minutes. The most substantial
change was to Condition No. 30, requiring "I" Street to have
an 80 (eighty) foot, rather than a 75 (seventy-five) foot
right-of-way.
The City Council, on December 12, 1989, approved a General
Plan Amendment from Specific Plan/Floodway/Floodplain to Low
Density Residential for this site.
DISCUSSION
This property is located within the West Lake Elsinore
Assessment District. The Environmental Impacts associated
with the project, as well as the district itself, were
/AGENDA ITEM f0,
Page 2
February 13, 1990
Subject: Tentative Tract Map 24624
Centex Homes
analyzed under EIR 88-2, which was certified by the Council
on December 12, 1989.
Staff and the applicants have met several times to address
issues of density, traffic circulation, buffering of adjacent
residential lots, and park land issues.
The most current revision, in staff's opinion, addresses the
above referenced concerns, and is compatible with surrounding
properties. The project density is 2.9 units/acre, Lincoln
("I" Street on the map), is now four lanes, and approximately
4.0 acres of land adjacent to the school site will be
dedicated for park purposes.
RECOMMENDATION
It is recommended that the City Council re -affirm
Environmental Impact Report 88-2 and approve Tentative Tract
Map 24624 base on the findings listed, and subject to the
attached Conditions of Approval.
It is recommended that the Redevelopment Agency concur with
City Council action.
Findings
1. The Tentative Tract Map complies with Goals, Policies and
Objectives of the City's General Plan and Zoning
Ordinance.
2. The project, as conditioned, complies with the City's
Subdivision Standards and the State Subdivision Map Act.
3. Environmental Impact Report No. 88-2 previously certified
by the City Council, has satisfactorily addressed
anticipated environmental impacts of this Tentative Tract
Map.
4. The project, as conditioned, will be compatible with
existing and proposed development in the immediate area
and will have minimal adverse impacts on abutting
properties.
5. The proposed Tentative Tract Map, as conditioned, includes
a number of public benefits, including drainage and flood
control improvements, a public park site, an open space
dedication, a bike trail and transportation and
circulation improvements.
AGENDA ITEM NO. .
PAGE, OF_
REPORT TO THE CITY COUNCIL/REDEVELOPMENT AGENCY
DATE: February 13, 1990
SUBJECT: Commercial Project 89-8: KrouseBuilders;_ a
re est for a 7,250 square foot commercial
building on .344 gross acres, located at the
northeast corner of Scrivener Street and Graham
Avenue.
PREPARED BY: Mark Rhoades APPROVED BY:
Mark Rhoades DaveJFrman
Planning Consultant Comm. Dir.
APPROVED BY:
BACKGROUND
Ron Molendyk
City Manager
This project received Planning Commission approval on January
17, 1990. There was no Commission discussion and the project
was approved unanimously.
DISCUSSION
The proposed building will be
accent bands, and black window
square foot two level structure
office spaces. Parking will
structure and is adequate in
and screening is sufficient
RECOMMENDATION
off-white stucco with two blue
frames. The proposed 7,250
will be divided into nine (9)
be underneath the office
number of spaces. Landscaping
as proposed.
It is recommended that City Council adopt Negative
Declaration 89-53, and approve Commercial Project 89-8, based
on the Findings and subject to the attached 56 Conditions of
Approval.
It is recommended that the Redevelopment Agency concur with
City Council action.
Findings
1. Subject to the attached conditions, the proposed project
is not anticipated to result in any :significant adverse
environmental impact.
2. The project, as approved, complies with the Goals and
Objectives of the General Plan and the Neighborhood
Commercial Zoning District.
3. This project complies with the design directives contained
in Chapter 17.82.060 and all other applicable provisions
of the Lake Elsinore Municipal Code.
4. Conditions and safeguards pursuant to Chapter 17.82.070,
including guarantees and evidence of compliance with
conditions, have been incorporated into the approval of
the subject project to insure development of the property
in accordance with Objectives of Chapter 17.82.060 and the
Planning District in which it is located.
AGENDA ITEIM t:0.
�'-
MGE _ OF�_
REPORT TO THE CITY COUNCIL/REDEVELOPMENT AGENCY
DATE: February 13 1990
SUBJECT: Industrial Project 89-8: Paul Carrara; a request
to construct an 18,255 square foot industrial
�."uilding on a one aci:e J. 1(1CaLi-
approximately 135 feet south of Minthorn Street,
east of Third Street.
fP
PREPARED BY:
I
.0WPlan
APPROVED BY:
/(!�L
a rielle Dave derman
Associate Comm. Lpev. Dir.
APPROVED BY:
BACKGROUND
Ron Molendyk
City Manager
At the meeting of January 17, 1990, the Planning Commission
recommended approval of Industrial Project 89-8 by a 4-0
vote, Commissioner Brinley absent (minutes and staff report
attached).
DISCUSSION
The Planning Commission recommended project approval without
any project concerns. The project was conditioned by staff
to insure setback landscaping. The proposed building is a
tilt -up concrete building with glass store front entries and
front loading doors. The building finish includes trimmed
loading doors, a recessed maroon accent trim, turquoise
aluminum storefronts and a glass corner entry. The site is
located 135 feet south of Minthorn, east of Third Street.
RECOMMENDATION
It is recommended that City Council adopt Negative
Declaration 89-38, and approve Industrial Project 89-8, based
on the Findings and subject to the attached 45 Conditions
of Approval.
It is recommended that the Redevelopment Agency concur with
City Council action.
Findings
1. This project is consistent with the Goals, Policies and
Objectives of the General Plan.
2. If the attached conditions are met, the project will meet
the design directives of Chapters 17.56, 17.38 and 17.82
of the Municipal Code.
3. If the attached conditions are met, the project will meet
all requirements and standards of the Municipal Code.
AGENDA ITEM NO.
PAGE„ OF. �,_,�
REPORT TO REDEVELOPMENT AGENCY
DATE: February 13, 1990
SUBJECT: Arvida Agreement
Prepared by: (�' L �"'
Ron Molendyk, Executive Director
BACKGROUND
As directed by the Redevelopment Agency Chairman and Board,
the Agency Legal Counsel, Arvida's Attorney and representatives
have met to develop the attached final agreement.
RECOMMENDATION
Authorize the Redevelopment Agency Chairman to sign the
agreement on behalf of the Agency.
AWJOA ITEM NO.
PACE 0F_�
EXCLUSIVE PLANNING AND NEGOTIATING AGREEMENT
BY AND AMONG THE CITY OF LAKE ELSINORE,
THE LAKE ELSINORE REDEVELOPMENT AGENCY
AND ARVIDA CONpANY
This Exclusive Planning and Negotiating Agreement
("Agreement") is made and entered into this day
of 1990, by and among the CITY OF LAKE ELSINORE,
a Municipal corporation ("City"), the LAKE ELSINORE
REDEVELOPMENT AGENCY, a public body ("Agency"), and ARVIDA
COMPANY, an Illinois corporation ("Arvida").
R&Q-11eLS
A. In furtherance of the objectives of the Community
Redevelopment Law of the State Of California (Health and Safety
Code SS 31000 2-t meq.), Agency and City are desirous of
encouraging economic growth within the Lake Elsinore community
and the redevelopment of certain parcels of land located within
the City's Redevelopment Project Area III (Rancho Laguna), as
shown on Exhibit "A" attached hereto.
$. Agency has solicited requests for proposals for
the financing and Construction of the East End Development
Project within a designated area (the "Project Area") of
Redevelopment Project Area SII (Rancho Laguna) (the "Project")
as delineated on Exhibit "A" hereto, and Agency and City have
completed a comprehensive analysis of the proposals received.
Having considered criteria including the quality of the
proposed Project, prior projects emphasizing water and
recreation interface previously constructed by Arvida and
Arvida's demonstrated financial capability to perform the
Priject, Agency and City have selected Arvida for
implementation of the Project, as set forth in the proposal
submitted by Arvida, attached hereto as Exhibit "B" (the
"Concept Plan").
C. Arvida desires to assist City and Agency in
meeting their goals by undertaking a Comprehensive planning and
development effort to implement the Project, and working with
existing Property owners, residents and business owners within
the Project Area.
D. Implementation of the Project is predicated on
the establishment and execution of a Disposition and
Develew:nent Agreement ("DDA") by and between Arvida and Agency
which responds to the financial realities, acquisition
constraints, relocation obligations, marketing Conditions and
various community goals associated with the Project. Arvida
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and Agency desire to enter into this agreement to set forth
their intention to cooperate in undertaking the necessary
detailed planning work which will allow for thorough assessment
of the economic feasibility of implementing the Project in
accordance with the Concept Plan, and to attempt in good faith
to negotiate and execute an acceptable DDA within the time
frame established by the schedule of activities reflected
herein. It is the intent of this Agreement to provide a period
Of time during which Agency will work exclusively with Arvida
in making the appropriate assessments and preparing the
necessary plans and implementation documents, including a DDA,
E. Agency has heretofore entered into a Planning and
Negotiating Agreement for the Project dated February 23, 1988,
with Lake Elsinore Associates, Ian entity formed by Russell W.
Grosse.Development Co., Inc. ("Grosse")] (the "LEA
Agreement"). Agency has warranted to Arvida that by its terms,
the LEA Agreement has expired.
F. Agency also heretofore entered into an option
Agreement dated September 13, 1988, by and between Agency and
Mr. and Mrs, Peter Lehr (the "Lehr Option Agreement") whereby
Agency acquired the exclusive right to purchase certain real
property located within the Project Area (the "Lehr
Property"). Acquisition of the Lehr Property by Agency, and
its development by Arvida, is central to the Concept Plan for
the Project,
G. Grosse disputes whether the LEA Agreement has
expired, and Grosse has filed an action in the Superior Court
of the State of California, Riverside County, identified as
Case No. 200757, wherein Grosse maintains that it and/or Lake
Elsinore Associates is entitled to be the Project's master
developer. Grosse also asserts that Agency has effectively
assigned its rights under the Lehr Option Agreement to Grosse.
Grasse further maintains that it has assigned all or a portion
Of its rights, if any, under the Lehr Option Agreement to a
third party or partners. Grosse's claims under the LEA
Agreement and the Lehr Option are hereinafter referred to as
the "Grosse claims".
H. Arvida is entering into this Agreement in
reliance upon City's and Agency's assurances that the Grosse
Claims are non -meritorious. Because of the significant costs
which must be incurred by Arvida in commencing imPlementation
of the Project, and the potential for Arvida's exposure to loss
or liability with respect to the Grosse claims, City, Agency
and Arvida also wish to enter into this Agreement to set forth
City's and Agency's responsibilities to obtain final and
satisfactory resolution of the Grosse Claims prior to execution
of the DDA, and to defend and indemnify Arvida from and against
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any and all losses or liabilities which Arvida may incur with
respect to, or resulting from, the same.
NOW. THEREFORE, in consideration of the premises
stated above, the covenants hereinafter set forth and other
good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties mutually agree as
follows:
1. ('onceot Plan,
1.1 Aa_encyA'pozoval of CQmceps- Flan.
Concurrently with the execution of this Agreement, Agency has
approved the Concept Plan as generally depicted on Exhibit "B"
hereto.
1.2 Refinement�._.9f C09E!P4- PlarJ, nJ/ eTn,m nt of
a l LLIUY udv. Arvida will, upon the execution of this
Agreement, commence its investigation of the Project with a
view to refining the Concept Plan and providing a more detailed
analysis of site usage within the Project Area. This
investigation shall include review of the Concept Plan with
appropriate governmental agencies, design and engineering
professionals. It shall include review of the Concept Plan
with, among others, the United States Army Corps of Engineers,
the Santa Ana Watershed Project Authority, the California
Department of Fish and Game and the East Elsinore Municipal
Water District. To assist Arvida's efforts, Agency and City
shall provide to Arvida any and all studies, reports and other
documents previously prepared by Agency, City or any other
third parties relating to the Project. Such materials shall be
delivered. to Arvida not later than thirty (30) days following
execution of this Agreement. To the extent that Agency, City
or any third parties prepare, cause to be prepared or receive
any follow-up information, studies, reports or documentation
related to the Project, Agency and City shall immediately
provide to Arvida copies of any such follow-up materials.
Furthermore, if requested by Arvida, Agency and City shall make
available to Arvida, to the extent they are in possession of
the same, any other information or documentation that Arvida
from time to time may deem relevant.
1.3 -e liv rp. to vi
Prior to the execution of a DDA, Agency shall provide Arvida
with an initial assessment of: (a) the feasibility of vacating
the required public rights-of-way and serving the Project Area
with the necessary public utilities; (b) Agency's relocation
obligations associated with implementation of the Project; and
(c) the feasibility of obtaining commitments from the Santa Ana
Watershed Project Authority and other governmental Agencies
having jurisdiction over flood plain matters which will
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establish Agency and City authority over ultimate flood plain
development plans.
2• C?t , antatinns_. Warrant'es a
Acl CY, City and Agency hereby represent and warrant to Arvida
that -he Grosse Claims as described in the Recitals herein are
non -meritorious and unenforceable, that City and Agency have
the legal authority to designate Arvida as the Project's master
developer, that the LEA Agreement has expired, that the Lehr
Option Agreement as described in the Recitals herein has not
been assigned, in full or in part, to Grosse, or any Other
entity or person, and, in fact, has been partially exercised by
Agency, and that City and Agency have the legal, capacity and
right to carry out the terms of this Agreement and all
Agreements contemplated hereby.
2.2 aI i v - ant. City and Agency
shall use their best efforts to fully defend the litigation
involving the Grosse Claims, and to -fully and finally resolve
the same so as to ensure the legal and exclusive ability of
Arvida to be the Project's master developer.
2.3 Evaluation of r1ro� z1aims. Upon the
execution of this Agreement, but in no event more than fifteen
(15) days from the execution date of this Agreement, City and
Agency shall deliver to Arvida all documents, including but not
limited to contracts, correspondence, and the like which form
the basis of the Grosse Claims under the Lehr Option Agreement
and LEA Agreement so as to permit the independent review of
same by counsel for Arvida.
2.3.1 D 'veru f on During the
term hereof, City and Agency shall also provide to Arvida
copies of any and all documentation pertaining to litigation of
the Grosse Claims which may be received by City and./or Agency
during the pendency of such litigation promptly upon City's
and/or Agency's receipt of the same, and any other
documentation which may be received by City and/or Agency
concerning the ability of City and/or Agency to perform their
respective obligations hereunder.
2.3.2 esodic „Qt�t1I Report . From time to
time during the pendency of their litigation of the Grosse
$Claims, but not less frequently than weekly, 6n Monday of each
week, City and Agency shall provide Arvida weth`a detailed
assessment of the status of such litigation.
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at any
time during the pendency of City's and Agency's litigation of
the Grosse Claims (including any appeals thereof), Arvida
determines for any reason whatsoever, in its sole discretion,
that such litigation renders undesirable to Arvida its
continuing performance hereunder, Arvida may terminate this
Agreement by delivery of written notice of such termination to
City and Agency. In the event that Arvida delivers notice of
its election to terminate this Agreement pursuant to this
paragraph 2.4 to City and Agency, this Agreement shall
immediately terminate, and, exeept for the obligations set
forth in Section 6 below, Arvida, City and Agency shall have no
further obligations hereunder, except for City's and Agency's
indemnification obligations set forth in Section 12 hereof,
which obligations shall continue for a period of ten (14) years
from the date of termination of this Agreement,
3. Obligati n t 1]eZ'ver Ti�1e. Upon final
conclusion of litigation of the Crosse Claims, [including the
exp' -ration of any appeals period with respect thereto,] Agency
shall deliver to Arvida evidence satisfactory to Arvida that
Agency shall be able to obtain "Insurable Title" to the Lehr
Property. For purposes of this Agreement, the term "Insurable
Title" to a parcel of land shall mean the acquisition of a fee
simple interest in such parcel, or an insurable possessory
interest in such parcel, followed by acquisition of tee simple
title . Upon final conclusion of litigation of the Grosse
claims, [including the expiration of any appeals period with
respect thereto,] Agency and/or City shall deliver to Arvida
evidence satisfactory to Arvida that City and Agency have no
continuing obligations under the LEA Agreement and that neither
Lake Elsinore Associates nor Crosse, nor any other party(ies),
are entitled to be master developer of the Project except as
designated by the City and/or Agency.
4. rrt t a '
4.1. Pre aro ion r l m n i S at a
nd
Pr Pr o m Within one hundred eighty (180) days from
the execution of this Agreement, Arvida will provide Agency and
City with an analysis of the financial feasibility of the
Project, and will prepare an implementation strategy which will
address the identified challenges and obligations associated
with the Project and will include among other things a Project
Pro forma and feasibility study (the "Implementa-ion
Strategy"). A specific schedule of tasks necessary to prepare
the ImPlementation Strategy is attached hereto as Exhibit
and made a part hereof.
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4.2. A9_enQV Approv l Y 1e nt i n-5 tr Q
Arvida shall deliver the Implementation Strategy to Agency for
Agency's review and written approval. Agency shall either
approve or reject in writing the Implementation Strategy within
sixty (60) days of receipt thereof. If Agency rejects the
Implementation Strategy it shall do so in writing specifying
the defects, whereupon Agency and Arvida shall in good faith
attempt to resolve all defects so as to arrive at a mutually
acceptable Implementation Strategy. If a mutually acceptable
Implementation Strategy cannot be agreed upon within thirty
(30) days after rejection by Agency, then at the option of
either party, this Agreement may be terminated.
5.1 Juego a i z INV-,%. Upon receipt of
appraisals all property located within the Project Area, Arvida
and Agency will reassess project costs and attempt to negotiate
a mutually acceptable DDA. Agency understands and agrees that
the ability to negotiate an acceptable DDA necessarily requires
substantial completion of the refinement to the Concept Plan
and development of the Implementation Strategy.
5.2 Ex iv e a n Notwithstanding the
foregoing, Agency and Arvida shall negotiate the terms of the
DDA in good faith for a period not to exceed one hundred eighty
(180) days from the execution date of this Agreement, unless
extended by mutual written agreement of Agency and Arvida (the
"Exclusive Negotiating Period ). Agencv agrees that unless
this Agreement is sooner terminated, during the Exclusive
Negotiating Period, Agency shall not negotiate with any other
person or entity.
6. Termi ati of r P .o Arvi[8
_.4XJ_Koduct
6.1 Termines r� Q f AgZogmQnt . This Agreement
shall terminate on the next day following the last day of the
Exclusive Negotiating Period, unless extended by mutual written
agreement of the parties, or earlier terminated by Agency or
Arvida, either pursuant to subsection 2.4 hereof, or as follow$:
6.1.1 A c and Ci Q ion t
7�errrjLate. In the event that Arvida fails, in a timely manner,
to carry out the obligations identified herein, and as set
forth in Exhibit "C" hereto, then Agency or City may, at thein
option, and upon written notice to Arvida, terminate this
Agreement. This shall be the only ground upon which Agency and
C'tY may terminate this Agreement. If so terminated, no party
shall have any continuing obligation or liability hereunder to
the others, except for City's and Agency's indemnification
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obligations set forth in Section 12 hereof, which obligations
shall survive for a period of ten (10) years following
termination of this Agreement, and City's and Agency's
obligation to purchase Arvida's work product, as set forth in
subsection 6.1.3 below.
6.1.2 `' r
the event that (a) City and/or Agency In
failin a timely manner,
to carry out their respective obligations, identified herein, or
(b) Arvida determines pursuant to Section 2.4 hereof, that the
litigation of the Grosse claims is not proceeding to Arvida's
satisfaction and renders Arvida's continued performance
hereunder undesirable to Arvida in its sole discretion, then
Arvida may, at its option, and upon written notice to City and
Agency, terminate this Agreement, and if so terminated, no
Party hereto shall have any Continuing obligations or liability
to the other except for City's and Agency's indemnification
obligations set forth in Section 12 hereof, which obligations
shall continue for a period of ten (10) years from the date of
termination of this Agreement.
6.1.3 i A -- ' i ion
P r a Arvi ' TAT rk d T in *i Upon
to
termination of this Agreement pursuant to subsection 2.4 or
paragraphs 6.1.1 or 6.1.2 hereof, City and Agency shall
purchase from Arvida, and Arvida shall immediately deliver to
City and Agency, all information, studies, maps, reports,
analyses and the like which Arvida has theretofore prepared, or
caused to be prepared, in connection with performance of
Arvida's obligations set forth in Sections 1, 3 and 4 hereof.
The purchase price for such information, studies, reports,
analyses and the like, which shall be paid to Arvida by City
and Agency within thirty (30) days following Arvida's submittal
of an invoice therefore, shall be an amount equal to the lesser
Of (i) the sum of all attorneys' fees, consultants' fees
(including, but not limited to, engineering consultants,
financial consultants, accountants, surveyors, land planners,
appraisers, environmental consultants and the like) and any and
all similar Mees and costs incurred by Arvida in connection
with the performance of its obligations hereunder from January
1, 1990 until the date of Arvida's notice of its election to
terminate this Agreement, plus any such costs incurred by
Arvida in connection with negotiation of the DDA, or (ii) Three
Hundred Thousand Dollars ($300,000.00).
7. LimitatiQn5 of A, re nle=
7.1 E n on i Arvida, Agency
and City understand and agree that no party is obligated to
extend the term of this Agreement or to enter into any DDA.
Notwithstanding the foregoing, Agency, City and Arvida shall
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negotiate in good faith with respect to a DDA for the Project
Area and shall consider reasonable requests to extend
negotiations in the event that all parties have proceeded
diligently hereunder. In the event of termination or
expiration of this Agreement, Agency shall be free at its
option to negotiate with any persons or entities with respect
to the redevelopment of all or any portion of the Project
Area. Arvida SpeCifically acknowledges that this Agreement
creates no interest or right in the Project Area (or any
portion thereof), other than those parcels which may be owned
or controlled by Arvida and Arvida hereby waives any rights to
claim such other interest as a result hereof. Except as
otherwise provided in Sections 2 and 6 hereof, this Agreement
may be extended or terminated by mutual written agreement of
the parties.
S. r hi f R Arvida agrees and
acknowledges that the reports provided by Arvida to Agency,
either in the course of Arvida`s performance hereunder or as a
result -of termination of this Agreement and the purchase of the
same by City and Agency as provided in paragraph 6.1.3 of this
Agreemen!_--, may be used by City and Agency in their sole
discretion; provided however, that as and to the extent city
and/or Agency or any unrelated third party utilizes any reports
or data generated by Arvida or its consultants it does so
without warranty or representation and at its sole risk.
Should this Agreement be terminated as provided herein, Arvida
shall return to City and Agency respectively any materials
provided to Arvida by City and/or Agency,
9. Pr4hQition Ag�inst Dis _rimi nat-; on, Arvida
agrees that there shall be no discrimination against or
segregation of any person, or group of persons, on account of
sex, race, color, age, marital status, religion, creed,
national origin or ancestry in the sale, lease, sublease or
transfer, use, occupancy, tenure or enjoyment of the Project
Area, nor shall any transferee establish or permit any such
practice or practices of discrimination with reference to the
selection, location, number, use or occupancy of tenants,
lessees, subtenants, sublessees or vendees of any of the land
within the Project Area.
10. Successors and Assigns. Except as set forth
herein, this Agreement shall not be assigned by Arvida without
prior written approval of Agency and City, which Agency and
City may grant or refuse at their sole option. Notwithstanding
the foregoing, Arvida may assign and transfer its rights and
obligations (upon which assignment Arvida will have no further
liability or responsibility related to or arising out of this
Agreement) to any corporation, partnership, or other entity
owned or controlled by, or under common control with, Arvida or
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JMB Realty Corporation {"JMB"}, a Delaware corporation {any of
the foregoing, being collectively referred to herein as a "JMB"
Affiliate"}. For purposes Of this paragraph, control of a
specified person or entity (including the correlative terms
"controlled by" and "under common control with") means the
possession, directly or indirectly, of the power to direct or
cause the direction of the management and policies of the
Specified person or entity, whether through ownership of voting
securities, by contract or otherwise.
For purposes of applying
this definition. M the managing partner of a general or
limited partnership will be deemed to be in control thereof
provided such managing partner possesses the power to direct or
cause the direction of the management and policies of the
partnership, and (ii) an entity will be deemed controlled by
JMB Or a JMB Affiliate if a majority of the trustees, directora
or persons in similar capacities which direct or cause the
direction of the management and policies of such entity are at
all times officers, directors, shareholders, employees or
individuals acting in similar capacities with JMB or a JMB
Affiliate or an entity controlled by or under common control
with JMB or a JME Affiliate.
11. Arv' 's RmitVr en
Em eeArvida's principals, associates, partners, joint
venvurers, negotiators, development managers, consultants,
attorneys, professionals and employees shall not be deemed
employees of City and/or Agency for any purpose,
12. City's and AQe y' s Innem:3� f i iQ~n O 1 gat ions,
City and Agency agree to indemnify, defend and hold Arvida
harmless of and from any and all claims, demands, damages,
losses, liabilities, causes of action, costs or expenses
(including attorneys' fees) arising out of any act or omission
Of the City and/or Agency occurring with respect to the Project
Prior to the execution of the DDA. City and Agency shall also
indemnify, defend and hold Arvida, its agents and employees,
harmless of and from any and all claims, demands, damages,
losses, liabilities, causes of action, costs or expenses
(including reasonable attorneys' fees), directly or indirectly
arising in connection with breach of City's and Agency's
covenants, representations and warranties with respect to the
Grosse Claims and the LEA Agreement and Lehr Option Agreement
as identified in the Recitals and in Section 2 hereof,
13. TMiscei_1_pnecus.
13.1ttorn an h r Should any party
institute any action or proceeding to enforce or interpret this
Agreement or any provision hereof, for damages by reason of any
alleged breach of this Agreement or of any provision hereof, or
for a declaration of rights hereunder, the prevailing party in
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any such action or proceeding shall be entitled to receive from
the other party all casts and expenses, including actual
attorneys' and other fees, reasonably incurred in good faith by
the Prevailing party ir. connection with such action or
proceeding. The term "attorneys' and other fees" shall mean
and include attorneys' fees, accountants' fees and any and all
other similar fees and costs incurred in connection with the
action or proceeding and preparations therefor. The term
"action cr proceeding" shall mean and include actions,
Proceedings, suits, arbitra- ons, appeals and other similar
proceedings.
13.2 N4taces. Any notice, demand, request,
covenant, approval or other communiCBtion to be given by one
Party to the other shall be in writing (unless some other form
of notice is specifically provided for herein) and given by
Personal service, telegram, or Express Mail, Federal Express,
DHT, or any other similar form of airborne/overnight delivery
service, or mailing in the United States Mail, Certified and
Return -Receipt Requested, and addressed to the parties at their
respective addresses as follows:
If to Citys
City of Lake Elsinore
130 South Main Street
Lake Elsinore, California 92330
Attn: Ron Molendyk, City Manager
If to Agency:
Lake Elsinore Redevelopment Agency
130 South Main Street
Lake Elsinore, California 92330
Attn: Ron Moiendyk, Executive Director
If to Developer:
Arvida Company
c/o Coto de Caza
One Coto de Caza Drive
Coto de Caza, California 92679
Attn: John Yelverton, vice President
with a copy to:
Nossaman, Guthner, Knox & Elliott
650 Town Center Drive
Suite 1250
Costa Mesa, California 92626-1981
Attn: Gregory W. Sanders, Esq.
-and-
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AGENDA ITEM Nu. 5-A -
PAGE L I OF
Arvida Company
7900 Glades Road
P. O. Boa 100
Boca Raton, Florida 33429
Attention: Ted R. Brown, Vice President
General Counsel
Any such notice shall be deemed to have been given upon
delivery. Any party may change the address at which it desires
to receive notice upon giving written notice of such request to
the other parties.
14•TIME IS OF THE ESSENCE OF THIS
EM
AGREENT AND EACH AND EVERY TZRM AND PROVISION HEREOF.
15. Waiver or Modification. A modification of any
Provision herein contained, or any other amendment to this
Agreement, shall be effective only if the modification or
amendment is in writing and signed by the party to be burdened
thereby. No waiver by any party hereto of any breach or
default shall be considered to be a waiver of any other breach
or default. The waiver of any condition shall not constitute a
waiver of any breach or default with respect to any covenant,
representation or warranty.
16. SucresSor _ D Assigns • Su.IYx�a�l . Subject to the
limitation set forth in section 10 hereof, this Agreement shall
inure to the benefit of and be binding upon, the parties hereto
and their respective heirs, successors and assigns. All
covenants, representations and warranties contained herein
shall survive this Agreement.
17. Number and Gender. As used in this Agreement,
the neuterincludes the masculine and feminine and the singular
includes the plural.
18. Days. The term "days" as used herein, shall mean
actual days occurring, including Saturdays, Sundays and
holidays. The term "business days" shall mean days other than
Saturdays, Sundays and holidays. If any item must be
accomplished or delivered hereunder on a date that is not a
business day, it shall be deemed to have been timely
accomplished or delivered if accomplished or delivered on the
next following business clay.
19. QQDgtruction. Headings at the beginning of each
paragraph and subparagraph are solely for the convenience of
the parties and are not a part of this Agreement. All exhibits
attached hereto are hereby incorporated herein by this
reference. Unless otherwise indicated, all references herein
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I
AGENDA ITEM Ni L
RAGE 0�
ATTEST:
Agency Clerk
APPROVED AS TO FORM:
Agency Counsel
BRADY:14a
LAKE ELSINORE REDEVELOPMET AGENCY,
a public body
By:
ARVIDA COMPANY, an Illinoig
corporation
By: _-._
John Yelverton, Vice President
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PAGE. C�
to paragraphs and subparagraphs are references to those in this
Agreement. Any reference to a paragraph includes all
subparagraphs thereof.
20. Gaza ion,Qf Other Aar fie. This Agreement
supersedes all ,. vious contracts, Correspondence and
documentation relating to the Project. Any oral
representations or modifications concerning this Agreement
shall be of no force or effect.
21.Ppate Origin. This Agreement may be
executed in any number of duplicate originals, all of which
shall be of equal legal force and effect.
22. PTan-Wai;„v_er o—Rights. No failure or delay of any
Party in the exercise of any right given to such party
hereunder shall constitute a waiver thereof unless the time
specified herein for exercise of such right has expired, nor
shall any single or partial exercise of any right preclude
other or further exercise thereof or of any other right.
IN WITNESS WHEREOF, City, Agency and Developer have
executed this Agreement as of the dates set forth below.
CITY OF LAKE ELSINORE, a municipal
corporation
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
By:
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AGENDA STEM NQ,—Si
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