HomeMy WebLinkAboutCity Council Agenda Packet 06-26-1990Laky Elsinore
City Council
Agenda
545 CHANEY STREET - LAKE ELSINORE SCHOOL DISTRICT BOARD ROOM
TUESDAY, JUNE 26, 1990 - 7:00 P.M.
POLICY OF THE CITY gw-iCIL: "Only those items filed with the yJ
oon, ! ay, prjor o e following Tuesday meeting,
invpgtination will be considered by the City Council at said meeting".
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10.
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
CONSENT CALENDAR
Minutes
a. June 12, 1990 - Regular City Council Meeting.
b. June 6, 1990 - Lake Elsinore Planning Commission.
Animal Control Activity Report - May, 1990.
Warrant List - May 30, 1990.
Claim submitted by Jeffrey Edenfield.
County -wide Park Assessment District.' Resolution
No. 90-58.
Authorization for City Engineer to Apply for and
Accept BLM Grants on behalf of the City. Resolution
No. 90-59.
Small Claims Actions - Authorization for Various
City Staff Members to file. Resolution No. 90-60.
D.B.A. Request to Close Main Street - August 11,
1990.
Final Approval of Parcel Map 24751 - South side of
Collier Avenue and east of Central Avenue.
Set Public Hearing Date of July 19, 1990 for the
following:
Approve.
Rec. & File.
Rec. & File.
Ratify.
Rej. & Ref.
Adopt Res.
No. 90-58.
Adopt Res.
No. 90-59.
Adopt Res.
No. 90-60.
Approve
Request.
Approve
Map.
31.
32.
33.
34.
35.
51.
52.
53.
PAGE TWO - CITY COUNCIL AGENDA - JUNE 26, 1990
a. Surface Minin and Reclamation Ordinance -
City of Lake Elsinore.
A request to approve a Surface Mining and
Reclamation Ordinance in order to implement
the Surface Mining and Reclamation Act of
1975. Adoption of this Ordinance is
required before the City can approve
reclamation plans for surface mining operati
PUBLIC HEARINGS
General Plan Amendment 90-1 & Zone Chancre
90-2 - Pentagon Development & Hunsaker &
Associates.
A request to amend the General Plan Land Use
Designation from Neighborhood Commercial to
High Density Residential and to change the
zoning from Commercial Park (C -P) District
and Neighborhood Commercial (C-1) District to
High Density Residential (R-3) District.
Continued from May 22, 1990. Resolution No.
90-61.
Brighton Homes Development Agreement.
Continued from June 12, 1990. Ordinance
No. 890.
Stephens' Kamen aroo Rat ;short Term Habitat
Conservation Plan.
EIS/EIR for Section 10(a) Permit; Implementation
Agreement; Agreement regarding Allocation of the
Take and Memorandum of Understanding. Resolution
No. 90-62.
1990-91 Budget Hearing.
Resolution No. 90-63.
Recovery of Expenditures for the demolition of
18520 Collier Street.
BUSINESS DISCUSSION ITE14S
Rancon, Freeway Landscalping.
Continued from June 12, 1990.
Time Extension for Tentative Parcel Map 23381
(K -Mart).
Proposed Extension for 90 days.
BUSINESS ITEMS
Second Reading - Ordinance No. 895.
Relating to the Zone Change for South Lake
Estates Joint Venture.
Approve
Hearing
Date.
Adopt Res.
No. 90-61.
Approve
No. 890.
Approve
Staff
Recomm.
Adopt Res.
No. 90-63.
Approve
Staff
Approve
Recomm.
Approve
Extension.
Adopt Ord.
No. 895.
PAGE THREE - CITY COUNCIL AGENDA - JUNE 26, 1990
54. Second Reading - Ordinance No. 896. Adopt Ord.
No. 896.
Relating to the Lake Elsinore Outlet Center
Specific Plan - McArthur/Glen Group.
CITY MANAGER COMMENTS
CITY COUNCIL COMMENTS
CLOSED SESSION
ADJOURNMENT
MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
545 CHANEY STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, NNE 12, 1990
CALL TO ORDER
The Regular City Council Meeting was called to order by Mayor
Washburn at 7:02 p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilman Starkey.
ROLL CALL
PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER,
WASHBURN
ABSENT: COUNCILMEMBERS: NONE
Also present were: City Manager Molendyk, 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
Arta Valenzuela, representing the Chamber of Commerce, reminded the
Community of the July 4th Fireworks display and the need for
additional funds. She also detailed the adopt a firework program
being used this year.
PRESENTATIONS/CEREMONIALS
B. Presentation = Ellen Todd, Downtown Design Review Committee.
Councilmembers Dominguez and Buck presented Ms. Todd with a
City Tile Plaque and thanked her for her service and time on
this committee.
C. Proclamation = Amateur Radio Week = Doc Savage.
Mayor Washburn read the Proclamation recognizing Amateur Radio
Week and presented it to Doc Savage. He also commented on the
world wide efforts of Ham Radio operators.
CONSENT CALENDAR
The following items were pulled for further discussion and
consideration:
Item No. 19.
MOVED BY WINKLER, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS
VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED.
1. The following Minutes were approved:
a. May 22, 1990 - Regular City Council Meeting.
The following Minutes were received and ordered filed:
b. May 16, 1990 - Lake Elsinore Planning Commission.
AGENDA ITEMNO. a
PAGE I 1 OF
PAGE TWO - CITY COUNCIL MINUTES - JUNE 12, 1990
2. Received and ordered filed the Building Activity Report for
May, 1990.
3. Received and ordered filed the Code Enforcement Activity
Report for May, 1990.
4. Received and ordered filed the Structure Abatement Activity
Report for May, 1990.
5. Received and ordered filed the Investment Report for May,
1990.
6. Ratified Warrant List for May 31, 1990.
7. Rejected and referred to Claims Administrator the Claim
submitted by Colich & Sons (CL #90-15).
8. Rejected and referred to Claims Administrator the Claim
submitted by Betty Rasmussen (CL #90-16).
9. Rejected and referred to City Attorney the Claim submitted by
David D. Kromer (CL #90-17).
10. Authorized staff to proceed with the Pepsi Playpark
Application and Authorized the Community Services Director to
sign the application as the City's contact.
11. Approved Letter of Opposition to Assembly Bill 2879 (Cortese),
and authorized the Mayor to sign for transmittal.
12. Approved 1990/91 Appropriation Limit of $9,940,902 and adopted
Resolution No. 90-50.
RESOLUTION NO. 90-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, SETTING FORTH AN APPROPRIATIONS LIMIT FOR FISCAL
YEAR 1990/91 CONSISTENT WITH ARTICLE XIII B OF THE CALIFORNIA
CONSTITUTION AND GIVING NOTICE OF THE AVAILABILITY OF
INFORMATION SUPPORTING SAID DETERMINATION.
13. City-wide Lighting & Landscaping Maintenance District -
Adopted Resolution Nos. 90-51 through 90-53 Approving the
Engineer's Report, Authorizing Preparation of Plans &
Specs, and Establishing a Public Hearing Date of July 24,
1990.
RESOLUTION NO. 90-51
A RESOLUTION OF THE CITY COUNCIL APPROVING THE ENGINEER'S
"REPORT" FOR ANNUAL LEVY OF ASSESSMENT FOR FISCAL YEAR IN A
DISTRICT WITHIN SAID CITY.
RESOLUTION NO. 90-52
A RESOLUTION OF THE CITY COUNCIL ORDERING THE PREPARATION OF
PLANS, SPECIFICATIONS, COST ESTIMATE, DIAGRAM, ASSESSMENT AND
REPORT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF
THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, FOR
PROCEEDINGS FOR ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A
DISTRICT.
RESOLUTION NO. 90-53
A RESOLUTION OF THE CITY COUNCIL DECLARING ITS INTENTION TO
PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR
AGENDA ITEM NO. , '0.
PAGE A OF I(I -
PAGE THREE - CITY COUNCIL MINUTES - JUNE 12, 1990
CERTAIN MAINTENANCE IN AN EXISTING DISTRICT, PURSUANT TO THE
PROVISIONS OF DECISION 15, PART 2 OF THE STREETS AND HIGHWAYS
CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE
FOR PUBLIC HEARING THEREON.
14. Accepted the Right of Entry Permit for Railroad Canyon Road
from E.V.M.W.D. and authorized the City Clerk to record same.
15. Authorized Advertisement for Planning Commission Applications
to be accepted through June 27, 1990.
16. Approved Final Parcel Map 24752 for the North side Casino
Drive, south of Railroad Canyon Road, and authorized the City
Clerk to sign.
17. Approved Final Tract Map 24856 for the area West of Robb Road,
North of Mountain Avenue and South of Running Deer Street and
authorized the City Clerk to sign. Accepted dedication of
Underground Water Rights, Lots A through G. and the 30 foot
wide drainage easement and record with final map and accepted
the Memorandum of Agreement for construction and authorized
the City Clerk to sign.
18. Approved First Amendment to Construction Agreement Addendum
for Tract 18719-1 and authorized the City Clerk to sign and
record.
20. Accepted Notice of Completion for Lakepoint Park Athletic
Lighting Project.
21. Accepted Dedication of Additional Right of Way at the
following locations:
29740 Denny Drive; Realty Center; 29600 Nichols; and 16364
Stevens
22. Accepted Quitclaim Deeds for Water Rights at the following
locations:
29740 Denny Drive; and Chaney St. - APN #377 150 004
23. Approved Public Hearing date of June 26, 1990 for the
following:
a. Recovery of Costs for Demolition of Structure at 18520
Collier.
b. Adoption of Short -Term Habitat Conservation Plan for the
Stephens' Kangaroo Rat; to concur with the County's
certification of environmental impact report for the
Section 10(a) permit to allow incidental take of the
endangered Stephens' Kangaroo Rat in Riverside County; to
adopt the implementation agreement and to adopt the
agreement regarding allocation of taxes.
C. City of Lake Elsinore Budget for Fiscal Year 1990-91.
24. Approved Public Hearing date of July 10, 1990 for the
following:
a. Consideration of the Granting of an additional Cable
Franchise to Jones Intercable of San Diego.
ITEMS PULLED FROM THE CONSENT CALENDAR
19. Acceptance of Notice of Completion for Main Street Flint to
AGENDA ITEM NO.
PAGE OF (a
PAGE FOUR - CITY COUNCIL MINUTES - JUNE 12, 1990
Sumner) Landscape Improvements.
Councilman Buck expressed concern with the acceptance of this
project in that the grass was dying in portions of this
project and questioned whether this would authorize the final
payment.
Public Services Director Kirchner advised that there is a 90
day maintenance clause in the bid and this problem will be
corrected before the final payment is released.
MOVED BY BUCK, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE
TO ACCEPT THE NOTICE OF COMPLETION.
PUBLIC HEARINGS
31. Specific Plan 90-1, Zone Chancie 90-5, E.I.R. 90-1 and
Commercial Proiect 90--6 _ McArthur/ Glen Group.
A request to approve the Lake Elsinore Outlet Center Specific
Plan, a Zone Change from Commercial Manufacturing to Specific
Plan, and Design Review of a 284,000 square foot commercial
shopping center located immediately southwest of the
Interstate 15, approximately 500 feet east of the Nichols Road
interchange. Resolution No. 90-54 and Ordinance No. 896.
Community Development Director Gunderman detailed this project
and explained the current signage proposal.
The City Clerk reported no written comments or protests.
Mayor Washburn opened the public hearing at 7:15 p.m. asking
those in favor of this item to speak. The following person
spoke:
Kenny Smith, representing the applicant, gave a brief history
of the pursuit of a location for this project and his work
this far with the City. He stressed the need for an
appropriate location and high volume of traffic to support
this type of center. He requested favorable consideration.
Mayor Washburn asked those in opposition to speak. Hearing no
one the public hearing was closed at 7:20 p.m.
Councilman Buck questioned the impact of this project on the
proposed future regional mall in the floodplain area. Mr.
Smith explained that the impact on the regional mall would be
minimal, because that type of mall would have the advantage of
increased variety.
Councilman Buck expressed concern with the lack of conditions
relating to freeway landscaping. Mayor Washburn suggested
that since the master plan for that program has not been
determined this may not be the appropriate time to condition
the applicant. City Manager Molendyk further explained that
due to the increased visibility of this freeway intersection,
it would be more appropriate to consider this area after the
other three corner development plans have been determined.
Council discussion related to the need to draw this type of
development to the City and the need to assist them to a point
to promote development.
City Manager Molendyk complimented the applicant and staff for
working to fast-track this project with positive results.
MOVED BY DOMINGUEZ, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE
AGENDA ITEM NO. _L� —
PAGE,�.I"', — OF L �C
PAGE FIVE - CITY COUNCIL MINUTES - JUNE 12, 1990
TO CERTIFY ENVIRONMENTAL IMPACT REPORT 90-1 AND ADOPT RESOLUTION
NO. 90-54:
RESOLUTION NO. 90-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
CERTIFYING ENVIRONMENTAL DOCUMENTS FOR THE LAKE ELSINORE
OUTLET CENTER (MCARHTUR/GLEN GROUP).
APPROVE SPECIFIC PLAN 90-1 AND ZONE CHANGE 90-5 AND ADOPT
ORDINANCE NO. 896:
ORDINANCE NO. 896
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
APPROVING THE LAKE ELSINORE OUTLET CENTER SPECIFIC PLAN AND
MAKING CERTAIN FINDINGS WITH RESPECT THERETO (MCARTHUR/GLEN
GROUP).
UPON THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: WASHBURN
AND APPROVE COMMERCIAL PROJECT 90-6 BASED ON THE FOLLOWING
FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL:
Findings - Specific Plan 90-1
1. This request is anticipated to result in several
significant adverse environmental impacts associated
with the development of the site. These impacts are
described in the Lake Elsinore Outlet Center
Environmental Impact Report.
2. This request will result in significant environmental
impacts associated with loss of habitat, traffic
circulation, degradation of air quality and a
substantial contribution to the cumulative impacts of
area -wide urban development which may be partially
mitigated but are anticipated to remain significant
upon development of the site as allowed under the
General Plan. Impacts of the Lake Elsinore Outlet
Center Specific Plan are found to be acceptable due
to benefits derived from the project, specifically
the provision of shopping opportunities to the City,
the anticipated increase in local government revenues
and infrastructure improvements, all of which are
expected to support local commercial and industrial
development efforts and generate measurable benefits
to the local economy.
3. The Lake Elsinore Outlet Center Specific Plan meets
the Specific Plan criteria for content and systematic
implementation of the General Plan established by
Section 65450 of the California Government Code and
Section 17.99 of the City of Lake Elsinore Municipal
Code. Unless otherwise specified in the Final
Specific Plan the regulations provided in the City
Zoning Code shall apply. Approval of the Specific
Plan shall not be interpreted as waiving compliance
with other provisions of the Lake Elsinore City Code,
AGENDA ITEM NO. .—
PAGE 5 OF
PAGE SIX - CITY COUNCIL MINUTES - JUNE 12, 1990
except in those areas where the Specific Plan
expressly regulates a use.
4. The Lake Elsinore Outlet Center Specific Plan will
not be detrimental to the health, safety, comfort or
general welfare of the persons visiting or working
within the neighborhood of the project area, nor will
it be injurious to the property or improvements in
that area or the City as a whole, based upon the
provisions of the Plan, mitigation measures and
Conditions of approval.
Findings emwj- Zone Change 90-5
1. The proposed amendment will not be detrimental to the
health, safety, comfort, or general welfare of the
person residing or working within the neighborhood of
the proposed amendment or within the City, injurious
to property or improvements in the neighborhood or
within the City.
2. The proposed amendment is consistent with the General
Plan.
3. The proposed amendment is consistent with Section
17.99 as it implements the Lake Elsinore Outlet
Center Specific Plan.
Findings - Commercial Project 90-6
1. The project implements the plans and design
guidelines of the Lake Elsinore Outlet Center
Specific Plan 90-1.
2. The project, as approved, complies with the goals and
objectives of the General Plan and the Zoning
District in which the project is located.
3. The project complies with the design directives
contained in Section 17.82.060 and all other
applicable provisions of the Municipal Code.
4. Conditions and safeguards pursuant to Section
17.82.070, including guarantees and evidence of
compliance with conditions, have been incorporated
into the approval of the subject project to insure
development of the property in accordance with the
objectives of this Chapter and the planning district
in which the site is located.
Conditions - Specific Plan 90-1
1. The view study in the Specific Plan shall be refined
to show the visibility of the project's roof and roof
top equipment. From this a detail for screening
shall be prepared and approved by the Community
Development Director. Consideration shall be given
to such things as single color for roof top
mechanical equipment and appurtenances, and/or
parapet wall height variations.
2. All wood fencing and gates shall be presented in a
detail for the review and approval of the Community
Development Director.
3. Architectural details shall be prepared and approved
by the Community Development Director to improve
AGENDA ITEM NO.
PAGE OF �? ,.
PAGE SEVEN - CITY COUNCIL MINUTES - JUNE 12, 1990
visual quality of the roof and parapet wall
treatment. This will take into account the wall-like
character of these features and their exposure to
freeway view. To the degree there is prominent views
of these features, additional architectural treatment
may be required.
4. The freeway oriented, freestanding sign shall have an
architectural character integrated with the
buildings.
5. The southern, main entrance driveway throat shall be
redesigned to improve pedestrian access to the main
entrance and reduce conflict between pedestrians and
vehicles.
6. The statement claiming the City will incur all public
improvements costs, shall be removed from the
Specific Plan document.
7. A wetlands area maintenance plan shall be prepared
and approved by California Department of Fish and
Game and the Community Development Director.
8. The building separations shall be improved for
emergency access, subject to the approval of the Fire
Department.
9. Prior to issuance of building permits for Phase II
the Collier Road Realignment E.I.R. shall be
completed and certified by the City.
10. All freestanding signs and signs on the exterior
walls of the building shall require the approval of
the Community Development Director or his designee to
assure compliance with the sign specifications of the
Specific Plan.
11. The six (6) acre site, shown as Phase III shall be
consistent with the Specific Plan and subject to the
Design Review process.
12. A wall of decorative block masonry shall be erected
on the easterly boundary by the developer, in
accordance with City requirements, and subject to the
review and approval of the Community Development
Director.
13. The freeway oriented sign shall be subject to
additional Design Review with respect to its
enhancement and possible reduction of the height.
Enhancement of the towers and the adjoining building
parapets shall also be evaluated.
Planning Department Conditions - Commercial Project 90-6
1. Design review approval for the Lake Elsinore Outlet
Center will lapse and be void unless building permits
for Phase I are issued within one (1) year from the
date of City Council approval. An extension of time,
up to one (1) year per extension, may be granted by
the Planning Commission prior to the expiration of
the initial Design Review approval upon application
by the developer one (1) month prior to expiration.
2. Site improvements shall be constructed for each Phase
as indicated on the approved plot plan and
AGENDA ITEM NO. �'�--
PAGE OF
PAGE EIGHT - CITY COUNCIL MINUTES - JUNE 12, 1990
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. Minor changes,
to such things as the footprint of Phase II, may be
approved by the Community Development Director.
Materials and colors depicted on the materials board
shall be used unless modified by the Community
Development Director or his designee.
Buildings shall be constructed a depicted on plans or
as modified by the Community Development Director or
his designee.
5. 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.
These revised plans shall become the approved plans
only upon the review and approval by the Community
Development Director or his designee.
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.
A final grading plan shall be submitted and shall be
subject to the approval of the Chief Building
Official.
8. This project shall be consistent with the Lake
Elsinore Outlet Center Specific Plan and all
applicable City Codes and Ordinances.
9. No outdoor storage shall be allowed for any tenant.
10. Trash enclosures shall be constructed per the
approved Specific Plan and City standards as approved
by the Community Development Director.
11. Exterior roof ladders shall not be permitted unless
required by the U.B.C.
12. The design and construction of the project shall meet
all County Fire Department standards for fire
protection and shall include emergency vehicle
turning radius, and fire resistance requirements for
all buildings including sprinklers where required,
and any additional requirements requested by the Fire
Marshal. A fire detector check assembly shall be
required for any interior fire lanes and hydrants. A
letter shall be submitted verifying compliance prior
to issuance of building permits.
13. 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.
Screening shall be subject to review and approval by
the Community Development Director.
AGENDA ITEM NO. —
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PAGE NINE - CITY COUNCIL MINUTES - JUNE 12, 1990
14. All outdoor ground or wall mounted utility equipment
shall be consolidated in a Central location and
architecturally screened along with substantial
landscaping, subject to the approval of the Community
Development Director.
15. All exterior downspouts shall be painted to match the
building color.
16. 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.
17. Bicycle racks shall be provided in the proximity of
major commercial uses. Placement, design and
quantity shall be indicated on the final landscaping
plan, and subject to the approval of the Community
Development Director.
18. The detailed landscaping/irrigation plan, consistent
with the Lake Elsinore Outlet Center Specific Plan,
is to be reviewed and approved by the Community
Development Director or his designee. Where
applicable these plans shall be consistent with the
City's Landscape Guidelines.
a) All planting areas shall have permanent and
automatic sprinkler system with 100% watering
coverage.
b) All planting areas shall be separated from parking
areas with a six-inch (611) high and six-inch (611)
wide concrete curb.
c) Planting within fifteen feet (151) of
ingress/egress points shall be no higher than
thirty-six inches (3611).
d) Any transformers and mechanical or electrical
equipment shall be indicated on landscape plan an
screened as part of the landscaping plan.
e) 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.
f) Final landscape plans to include planting and
irrigation details.
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 graded and/or disturbed areas in Phase II and
III shall be landscaped to prevent erosion. These
areas shall be irrigated until the plant materials
are established.
i) Any soil stock piling shall have a maximum height
of ten (10) feet, and shall be contoured so it can be
landscaped as per Condition No. 18.h.
AGENDA ITEM NO. LL
PAGE_: -OF 110
PAGE TEN - CITY COUNCIL MINUTES - JUNE 12, 1990
19. All undeveloped lots or portions of the site shall be
maintained in a neat and safe condition, with erosion
and weed control methods applied by the developer as
necessary to meet the approval of the Community
Development Director until such time as these lots
are built -out.
20. 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. 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.
21. The project shall connect to sewer and meet all
requirements of the Elsinore Valley Municipal Water
District (EVMWD).
22. All loading zones shall be clearly marked.
23. Trailers utilized during construction shall be
approved by Planning Division.
24. On-site surface drainage shall not cross sidewalks in
public right--of-way.
25. Public Transit facilities shall be provided as
approved by the Community Development Director or his
designee.
26. 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 Conditions
27. While recognizing the Redevelopment Agency has agreed
to provide all public improvements, 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.
28. Dedicate appropriate right-of-way on Collier Avenue
to provide for a one hundred (100) foot right-of-way
prior to issuance of building permits.
29. Dedicate underground water rights to the City
(Municipal Code, Title 16, Chapter 16.52.030).
Document can be obtained from the Engineering
Department.
30. 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.
31. Process and meet all parcel merger requirements prior
to issuance of building permit (Lake Elsinore
Municipal Code 16.20).
32. Pay all Capital Improvement and Plan Check fees
(Municipal Code, Title 16, Chapter 16.34; Resolution
No. 85-26).
AGENDA ITEM NO. —1-A.
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PAGE ELEVEN - CITY COUNCIL MINUTES - JUNE 12, 1990
33. 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 a building permit.
34. The project, as prescribed in the Owner Participation
Agreement (OPA) for this project, shall construct all
off-site public works improvements per approved
street plans (Municipal Code, Title 12).
35. The project, as prescribed in the OPA for this
project, shall 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)..
36. The project, as prescribed in the OPA shall make
arrangements for relocation of utility company
facilities (power Poles, vaults, etc.) out of the
roadway or alley.
37. Provide fire protection facilities as required in
writing by Riverside County Fire Department.
38. The project, as prescribed in the OPA shall provide
street lighting and show lighting improvements on
street improvement plans, as required by the City
Engineer.
39. 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.
40. All natural drainage traversing site shall be
conveyed through site, or shall be collected and
conveyed by a method approved by the City Engineer.
41. Submit Hydrology and hydraulic Reports for review and
approval by the City Engineer. Developer shall
mitigate any flooding and/or erosion downstream
caused by development of site and diversion of
drainage. Riverside County Flood Control Will review
and approve the Hydrology and Hydraulic Report for
Arroyo Del Torro drain.
42. All drainage facilities shall be constructed to
Riverside county Flood Control District Standards.
43. Contribute $4,000 towards the City's Master Entryway
Sign Program.
44. Applicant shall obtain all necessary off-site
easement for off-site grading from the adjacent
property owners prior to issuance of grading permit.
45. Meet all requirements of Chapter 15.68 of the
Municipal Code regarding floodplain management.
46. Meet all requirements of Chapter 15.64 of the
Municipal Code regarding flood hazard regulations.
47. Prior to issuance of building permits for Phase II, a
hydrological analysis of the planned grading and its
effect on the 100 -year floodplain boundaries
AGENDA ITEM NO.
PAGE OF
PAGE TWELVE - CITY COUNCIL MINUTES - JUNE 12, 1990
designated by FEMA shall be completed and approved by
the City of Lake Elsinore. FEMA shall review the
analysis and advise the City of any Floodplain
boundary changes.
48. The onsite st:ormwater collection system should be
designed in accordance with the standards and
requirements established by the City of Lake
Elsinore. The system should be adequately sized to
control both the stormwater generated onsite plus the
100 -year storm flows conveyed under Interstate 15 by
the existing corrugated metal pipes (CMPs) and RCBs.
49. The project as prescribed by the OPA shall contribute
a pro -rata share of funding for the installation of
traffic signals at the intersections of Collier
Avenue/Central Street, Collier Avenue/Riverside
Drive, Central Street/I-15 Ramps, Nichols
Road/Collier Avenue, Nichols Road/I-15 Ramps. An
agreement on the amount of funding between the
developer and the City shall be reached prior to the
issuance of the Certificate of Occupancy permits.
50. The project, as prescribed in the OPA shall
contribute $1.22,630 for the design and construction
of half a median on Collier along abutting property
line.
51. The project, as prescribed by the OPA shall agree to
participate in and join the Northwest Sewer
Assessment District.
52. Provide Soils., Geology and Seismic report including
street design recommendations. Provide final soils
report showing compliance with preliminary and finish
grade certification.
32. Annexation No. 53 and Zone Change 90-4 - South Lake Estates
Joint Venture.
A request to pre -zone to R-1, to annex into the City of Lake
Elsinore and de -annex from the Ortega Trails Recreation and
Park District on a 29.5 acre parcel located on the east side
of Stoneman and the scuth side of the current City limits.
Resolution Nos. 90-55 and 90-56 and Ordinance No. 895.
Community Development Director Gunderman detailed this
request.
The City Clerk reported no written comments or protests.
Mayor Washburn opened the public hearing at 7:31 p.m., asking
those in favor of this annexation to speak. The following
person spoke:
John Elmajian, Wesco Homes, representing the applicant,
requested Council approval.
Mayor Washburn asked those in opposition to speak. The
following people spoke:
Ken Stoller, resident of Stoneman Street since 1922, expressed
concern with the increase in traffic and development that
would be occuring in this area. He also expressed concern
with the impact of the population increase on the affected
schools and the proposed quality of the development.
AGENDA ITEM
S� No.
PACE _..1� OF
PAGE THIRTEEN - CITY COUNCIL MINUTES - JUNE 12, 1990
Lorraine Moyer, expressed concern with the development because
the increased population would impact her ability to ride and
keep horses on her property. She also expressed concern with
the increased traffic and danger to children.
Geraldine Watson, expressed concern with the population growth
which would eventually impact her husband's ability to park
his "big rig" on their property or on the street.
John Elmajian advised that they would be building projects
compatible to the three other new tracts in that area.
Ken Stoller cautioned the Council that promises made by
developers are not always upheld.
Mayor Washburn closed the public hearing at 7:43 p.m.
City Manager Molendyk advised the residents present that the
City carries higher standards than the County and requires a
certain level of performance on the part of the developer.
Mayor Washburn clarified that this is the initiation of the
annexation procedure and many of these concerns could be
addressed at the tentative map stage.
Councilman Starkey commented to the residents that this
Council is willing to listen to existing property owners and
work out solutions with the developers.
Councilman Winkler advised that this traffic area is similar
to the Grand/Macy intersection and should be reviewed
accordingly. He also elaborated on the ability of the City
to condition projects to maintain high quality.
MOVED BY STARKEY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS
VOTE TO ADOPT NEGATIVE DECLARATION NO. 90-12; APPROVE ANNEXATION
NO. 53 AND ADOPT RESOLUTION NO. 90-55:
RESOLUTION NO. 90-55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, CONSENTING TO THE COMMENCEMENT OF PROCEEDINGS TO
ANNEX TO THE CITY OF LAKE ELSINORE CERTAIN UNINHABITED
TERRITORY DESCRIBED HEREIN AND DESIGNATED "ANNEXATION NO. 53 -
SOUTH LAKE ESTATES JOINT VENTURE.
APPROVE ZONE CHANGE 90-4 AND ADOPT ORDINANCE NO. 895:
ORDINANCE NO. 895
AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
REZONING 29.5 ACRES LOCATED ON THE EAST SIDE OF STONEMAN AND
THE SOUTH SIDE OF THE CURRENT CITY LIMITS FROM RURAL
RESIDENTIAL (R -R) TO SINGLE-FAMILY RESIDENTIAL (R-1) -
(SOUTH LAKE ESTATES JOINT VENTURE).
UPON THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER,
WASHBURN
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
AGENDA ITEMS ANO. t, 1,
PAGE13_OF_L�_
PAGE FOURTEEN - CITY COUNCIL MINUTES - JUNE 12, 1990
AND APPROVE DE -ANNEXATION FROM THE ORTEGA TRAILS PARK AND
RECREATION DISTRICT AND ADOPT RESOLUTION NO. 90-56 BASED ON THE
FOLLOWING FINDINGS:
RESOLUTION NO. 90-56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, INITIATING A PROPERTY TAX TRANSFER BETWEEN THE
CITY OF LAKE ELSINORE AND THE LAKE ELSINORE RECREATION AND
PARKS DISTRICT (ORTEGA TRAILS). (SOUTH LAKE ESTATES JOINT
VENTURE).
Findings - Zone Change 90-4
1. The project will not have a significant impact on the
environment.
2. The project is consistent with the General Plan Land
Use designation.
3. The project is consistent with the pattern of recent
approvals in the area.
Findings - Annexation No. 53
1. The project will not have a significant impact on the
environment.
2. The project is within the City's Sphere of Influence
and abuts the City limits. Therefore, the request is
a logical extension of the City limits.
3. The project will provide the necessary public
services to allow development.
Findings - De -Annexation
1. The City is the owner and operator of all parks
within the City.
2. The City has initiated a detachment, of all areas
within the City and future annexations to the City,
from the District.
3. The City has determined the transfer of tax revenues
would eliminate duplication and be in the best
interest of City residents.
33. Conditional Use Permit 90-4 - Lake Elsinore Christian
Fellowship (Morris & Morris).
An appeal of Planning Commission denial of a request for a
Conditional Use Permit to allow a church in an existing light
industrial zoned building.
Community Development Director Gunderman advised that this
item should be removed from the agenda.
MOVED BY DOMINGUEZ, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE
TO REMOVED THIS ITEM FROM THE AGENDA.
34. Brighton Homes Development Agreement.
MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE
TO CONTINUE THIS ITEM TO JUNE 26, 1990.
AGENDA ITEM NO. J..==—
PAGE-IB- OF-1�—
PAGE FIFTEEN - CITY COUNCIL MINUTES - JUNE 12, 1990
BUSINESS/DISCUSSION ITEMS
51. Community Facilities District 88-3.
Resolution No. 90-57.
Administrative Services Director Wood advised that the
proposed resolution resets the election day to July 31st.
MOVED BY WINKLER, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE
TO ADOPT RESOLUTION NO. 90-57.
RESOLUTION NO. 90-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
POSTPONING A SPECIAL ELECTION WITHIN COMMUNITY FACILITIES
DISTRICT NO. 88-3 TO SUBMIT TO THE QUALIFIED ELECTORS OF SUCH
COMMUNITY FACILITIES DISTRICT THE COMBINED PROPOSITION OF
LEVYING A SPECIAL TAX, ESTABLISHING AN APPROPRIATIONS LIMIT,
AND INCURRING BONDED INDEBTEDNESS.
BUSINESS ITEMS
52. Second Reading - Ordinance No. 892.
Relating to the Development Agreement with L.D. Johnson
Company for the Ramsgate Development.
MOVED BY DOMINGUEZ, SECONDED BY STARKEY TO ADOPT ORDINANCE NO.
892:
ORDINANCE NO. 892
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
APPROVING A DEVELOPMENT AGREEMENT WITH RIALTO DEVELOPMENT
CORPORATION, WHICH DOES BUSINESS AS L.D. JOHNSON COMPANIES.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: WINKLER
CITY MANAGER COMMENTS
City Manager Molendyk gave a brief update on the progress of the
Railroad Canyon Road Improvement Project. He suggested that a
more detailed report be provided at the next City Council Meeting.
CITY COUNCIL COMMENTS
Councilman Buck commented on the Chili Cookoff held on June 9,
1990, and advised that T -Shirts commemorating the event are still
available. Councilman Buck expressed concern with pending street
right of way agreements on Fraser Street. City Attorney Harper
advised that discussions are continuing and he will keep the
Council updated.
Councilman Winkler requested future consideration of the
Countywide Parks Assessment District and a list of potential
projects it could be used to fund. Councilman Winkler advised
that he would be contributing a portion of his surplus campaign
funds to the July 4th Fireworks Display fund.
AGENDA ITEM NO. Jim' --
PAGE I � _ OF ( 6
PAGE SIXTEEN - CITY COUNCIL MINUTES - JUNE 12, 1990
Councilman Dominguez commented on recent events such as the
Manny's Restaurant Groundbreaking, County Administrative Center
opening in Temecula and the Installation of the Wildomar Chamber
of Commerce officers.
Councilman Starkey stressed the need for additional funds for the
July 4th Fireworks Fund.
A. Introduction of New Rodeo Oueen.
Mayor Washburn advised that Miss Rodeo Queen Jennifer Carter had
arrived. He congratulated her on this honor and on the Miss Chili
Pepper title and presented her with a key to the City.
CLOSED SESSION
None.
ADJOURNMENT
MOVED BY WINKLER, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE
TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 8:00 P.M.
ATTEST:
VICKI KASAD, CITY CLERK
CITY OF LAKE ELSINORE
GARY M. WASHBURN, MAYOR
CITY OF LAKE ELSINORE
AGENDA ITEM NO. 'Q'
t,
PAGE OF�
MINUTES OF LAKE ELSINORE PLANNING COMMISSION
HELD ON THE
6TH DAY OF
THE MEETING WAS CALLED TO ORDER AT 7:04 P.M.
JUNE 1990
PLEDGE OF ALLEGIANCE was led by Assistant Planner Fairbanks.
ROLL CALL
PRESENT: Commissioners: Gilenson, Saathoff, Wilsey, and Brown
ABSENT: Commissioners: Brinley
Also present were Community Development Director Gunderman,
Associate Planner Restivo, Assistant Planner Fairbanks and
DeGange, and Public Services Director Kirchner.
MINUTE ACTION
Motion by Commissioner Gilenson to approve minutes of May 16,
1990, with the following corrections:
Page 1: Commissioner Wilsey not abstaining from voting on
the minutes.
Page 3: (Commissioner Brinley and Gilenson voting yes).
Second by Commissioner Wilsey.
Approved: 4-0
WALK -ON -ITEM - McArthur/Glen Group - Community Development
Director Gunderman requested that the McArthur/Glen Group Revised
Sign Tower be added to the agenda as Business Item No. 10.
Motion by Chairman Brown to place the Revised Sign Tower on the
agenda as Business Item No. 10, second by Commissioner Gilenson.
Approved: 4-0
PUBLIC COMMENTS
There being no requests to speak, Chairman Brown closed the
PUBLIC COMMENTS section.
PUBLIC HEARINGS
1. Surface Mining and Reclamation Ordinance - City of Lake
Elsinore - Chairman Brown stated that staff has requested
this item be continued to June 20, 1990.
Motion by Commissioner Wilsey to continue Surface and Mining
and Reclamation Ordinance to the meeting of June 20, 1990,
second by Commissioner Gilenson.
Approved: 4-0
2. Conditional Use Permit 90-4 - Morris and Morris - Assistant
Planner Fairbanks presented a proposal for a Conditional Use
Permit 90-4 to allow a Church facility to operate in an
existing structure zoned M-1, Light Industrial. Proposed
project site is at 550 Third Street.
Chairman Brown opened the public hearing at 7:10 p.m. asking
if anyone wished to speak in favor. The following persons
spoke in favor:
Mr. Jim Hilbrant, 29308 Gunder Street, Pastor of Lake
Elsinore Christian Fellowship stated they have been in the
community for four years. Need to make provisions for
churches to move into different facilities. Their goal is to
find a piece of land to build a church on.
AGENDA ITEM NO._� b .
PAGE—L_OF S
Minutes of Planning Commission
June 6, 1990
Page 2
CONDITIONAL USE PERMIT 90-4
Mr. Dave Cunningham, President of the Corporation of the Lake
Elsinore Fellowship, Sr. Pastor in Rancho Cucamonga,
discussed the staff report with references to the zoning,
general plan, and the findings.
Mr. Otto Strauss, 18 Resano, Irvine, spoke in favor.
Mr. Gary Bryant, 32865, Bryant, Wildomar, commented on the
less than adequate buildings in Lake Elsinore for churches.
Mr. Wayne Ott, 1021 Lake Meadow Court, Lake Elsinore, spoke
in favor.
Mr. Jim Hines, 15900 Grand Avenue, Lake Elsinore, Pastor
Grace Bible Church, commented on the tremendous growth and
the need for churches to grow.
Chairman Brown asked if anyone else wished to speak in favor.
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 7:30 p.m.
Commissioner Wisley stated he has a problem with churches
being in the M-1 District. A church is not compatible with
whoever may move -in in the future.
Commissioner Gilenson stated he has the same concerns as
Commissioner Wilsey pertaining to a church in the M-1
District, not compatible with what is allowed to be in that
District.
Commissioner Saathoff stated he has the same feeling as the
other Commissioners. There are other Districts that allow
churches, do not want to set a precident.
Chairman Brown stated that the issue is not what you're
doing, but what the users of that park have a right to do.
Discussion at the table ensued concerning the M-1 Zoning
District.
Motion by Commissioner Wilsey to recommend to City Council
denial of Conditional Use Permit 90-4, second by Commissioner
Gilenson.
Vote: 4-0
At this time, 7:55 p.m., the Planning Commission recessed.
At this time, 8:09 p.m., the Planning Commission reconvened.
3. Specific Plan 87-1: Amendment No. 1 - Brian Weiss - Associate
Planner Restivo presented a request to amend the Lakeshore
Specific Plan to allow Neighborhood Commercial uses in
addition to Commercial Office uses currently allowed by the
plan. The Lakeshore Specific Plan area encompasses
properties located east of Center Street to Pepper Drive, and
southerly of Lake and Dawes Streets.
Chairman Brown opened the public hearing at 8:10 p.m. asking
if anyone wished to speak in favor.
Mr. Brian Weiss, the applicant, gave a brief overview of the
project since its inception. Mr. Weiss asked that a Savings
and Loan be allowed being it was adopted as part of the
original Specific Plan. He was in agreement with staff
recommendation.
AGENDA ITEM N0. 1,6
PAGE Z OF
Minutes of Planning Commission
June 6, 1990
Page 3
SPECIFIC PLAN 87-1: AMENDMENT NO. 1 CONTINUED
Chairman Brown asked if anyone else wished to speak in favor.
Receiving no response, Chairman Brown asked if anyone wished
to speak in opposition.
The following persons spoke in opposition, with the following
concerns: looking at brick walls, spray paint on the brick
walls, children being hit by cars traveling to fast,
perverts, additional crime, security lights shining in
windows, the increase in traffic, project would have a
tremendous impact on our lives, drug deals, and no place for
the kids to play.
Mr. Kevin Martin, 820 Parkway
Mr. John Atkinson, 1026 Parkway
Mr. Dan Borderline, 800 Parkway
Mr. Tony Schiavone, 780 Lake Street
Ms. Judy Borderline, 800 Parkway
Ms. Kire Atkinson, 1026 Parkway
Ms. Cynthia Steele, 760 Lake Street
Chairman Brown asked if anyone else 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 8:26 p.m.
Commissioner Wilsey stated he had concerns with the project,
it was vague, the project needs further study for
compatibility with the neighborhood with a very low
percentage of commercial and be very definite about what type
of product would go into that commercial application.
Commissioner Gilenson stated the original project was denied
for commercial, approved as office. Now we are going back to
the original application. If we are going to sit down and
review it, I would like Council input. If they are changing
their minds, give us direction as to what they have in mind.
Are they going back to a portion commercial, all commercial
or what should we do with this property? We didn't want it
then, I don't think we want it now.
Commissioner Saathoff stated he had no problem with further
study, there is adequate commercial (pet stores, music shops
etc.) uses available to the neighbors in that community
within a very short distance. The original intent of the
project, with low elevations, architectural enhancement,
would not deter but would increase the property values in
the neighborhood. Office use is the proper use for that
property.
Motion by Commissioner Saathoff to deny without prejudice
Specific Plan 87-1: Amendment No. 1, second by Commissioner
Gilenson.
Vote: 4-0
BUSINESS ITEMS
4. Single -Family Residence - 501 Adobe Street - Arnold Mundy
(Continued from May 16, 1990) - Assistant Planner DeGange
presented for review architectural modifications to the left,
right, and rear elevations at 501 Adobe.
Chairman Brown asked if there was anyone present representing
the applicant and if there were any concerns.
Mr. Al Mundy, the applicant, stated he was in agreement with
staff recommendation.
AGENDA ITEM NO.
PAGE�3_OF
Minutes of Planning Commission
Page 4
June 6, 1990
SINGLE-FAMILY RESIDENCE = 501 ADOBE STREET CONTINUED
There being no discussion at the table, Chairman Brown called
for a motion.
Motion by Commissioner Saathoff to approve a Minor Design
Review at 501 Adobe Street based on the Findings and subject
to the 36 Conditions of Approval listed in the Staff Report,
second by Commissioner Gilenson.
Approved: 4-0
5. Single -Family Residence - 310 Scrivener Street - Lars Larsson
- Assistant Planner Fairbanks presented a proposal to
construct a 1,915 square foot two story dwelling on a 9,000
square foot lot located approximately 240 feet north of the
northeast corner of Scrivener and Sumner.
Chairman Brown asked if there was anyone present representing
the applicant and if there were any concerns.
Mr. Lars Larsson, the applicant stated he was in agreement
with staff recommendation.
There being no discussion at the table, Chairman Brown called
for a motion.
Motion by Commissioner Wilsey to approve a Minor Design
Review at 310 Scrivener Street based on the Findings and
subject to the 34 Conditions of Approval listed in the Staff
Report, second by Commissioner Saathoff.
Approved: 4-0
6. Single -Family Residence - 308 Lowell Street - James and
Davetta Denk - Assistant Planner DeGange presented a proposal
to construct a 1,690 square foot, two story dwelling on a
7,475 square foot lot located approximately 160 feet south of
the intersection of Sumner Avenue and Lowell Street.
Chairman Brown asked if there was anyone present representing
the applicant and if there were any concerns.
James and Davette Denk, the applicants, stated they were in
agreement with staff recommendation
There being no discussion at the table, Chairman Brown called
for a motion.
Motion by Commissioner Saathoff to approve a Minor Design
Review at 308 Lowell Sreet based on the Findings and subject
to the 34 Conditions of Approval listed in the Staff Report,
second by Commissioner Wilsey.
Approved: 4-0
7. Accessory Structure at 17401 Baker Street - Salvador
Ruvalcaba (Continued from May 16, 1990) - Assistant Planner
DeGange presented revised plans on the accessory structure
eliminating the paint booth; eliminating all utlities;
alternative roofing material and similar exterior colors.
Chairman Brown asked if there was anyone present representing
the applicant and if there were any concerns.
Mr. Salvador Ruvalcaba, the applicant, stated he was in
agreement with staff recommendation.
Discussion at the table ensued on deleting Conditions Nos.10,
11, 13, 14, 24, 25, 26, 27, 28 and deleting a line in
Condition No. 18, being they did not pertain to the accessory
structure.
AGENDA ITEM pi0.�
PAGE--�31_—
Minutes of Planning Commission
Page 5
June 6, 1990
ACCESSORY
AT 17401 BAKER STREET
Motion by Commissioner Saathoff to approve a Minor Design
Review of an accessory structure at 17401 Baker Street based
on staff recommendation and subject to the 28 Conditions of
Approval listed in the Staff Report with the following
amendments:
Condition No. 10: All exterior air conditioning units,
electrical boxes or other electrical or
mechanical equipment incidental to
development shall be ground mounted and
screened so that they are not visible from
neighboring property or public streets.
Any roof mounted central swamp coolers
shall be screened. DELETE.
Condition No. 11: Applicant shall plant street trees,
selected from the City Street Tree List, a
maximum of 30 feet (301) apart and at
least 15 -gallon in size as to meet the
approval of the Community Development
Director or his designee. DELETE.
Condition No. 13: Prior to issuance of building permits,
applicant shall provide assurance that all
required fees to the Lake Elsinore Unified
School District have been paid. DELETE.
Condition No. 14: Prior to issuance of building permits,
applicant shall pay park -in -lieu fee in
effect at time of building permit
issuance. DELETE.
Condition No. 18: All driveways and parking areas be paved
with a surface acceptable to the Building
Division.
Condition No. 24: 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.
DELETE.
Condition No. 25: 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). DELETE.
Condition No. 26: Street improvements plans and specifica-
tions 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). DELETE.
Condition No. 27: 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). DELETE.
AGENDA ITEM N0. LlD.
PACE 5 OF
Minutes of Planning Commission
Page 6
June 6, 1990
ACCESSORY STRUCTURE AT 17401 BAKER STREET CONTINUED
Condition No. 28: All compaction reports, grade certifica-
tion (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. DELETE.
Second by Commissioner Wilsey.
Approved: 4-0
8. Single -Family Residence - 359 Avenue 4 - Joann Johnston -
Assistant Planner DeGange presented a proposal to construct a
1,320 square foot one story dwelling on a 7,250 square foot
lot located approximately 150 feet south of the intersection
of Mill Street and Avenue 4.
Chairman Brown asked if there was anyone present representing
the applicant and if there were any concerns.
Mr. Phil Williams, representing the applicant, commented on
all the architectural enhancements to the project especially
extending the garage, adding a window to bedroom 2, fencing,
and Condition No. 28 - pertaining to the alley and sidewalk.
Discussion at the table ensued concerning the major
architectual differences between staff and the applicant.
Motion by Commissioner Saathoff to continue a Minor Design
Review at 359 Avenue 4, second by Commissioner Wilsey, with
discussion.
Commissioner Gilenson asked if that was date specific.
Commissioner Saathoff amended his motion to continue a Minor
Design Review at 359 Avenue 4 for no longer than 60 days,
Commissioner Wilsey amended his second.
There being no further discussion, Chairman Brown called for
the question.
Approved: 4-0
9. Single -Family Residence - 16441 Arnold Avenue - Mickey Walker
- Assistant Planner Fairbanks presented a proposal to
construct a 1,120 square foot single story manufactured
dwelling on a 5,029 square foot lot located sixty (60) feet
west of the southwest corner of Stoddard Street and Arnold
Avenue.
Chairman Brown asked if there was anyone present representing
the applicant and if there were any concerns.
Mr. Mickey Walker, the applicant, commented on Conditions
Nos. 8, 9.a., 13, 15, 17, 18, 25, 26, 27, 28, and 30. Mr.
Walker asked that Mr. Brad Pomeroy comment on the random tab
shingles listed in Condition No. 8.
Mr. Brad Pomeroy commented on the random tab shingles.
Discussion at the table ensued on Condition No. 8 - random
tab shingles; Condition No. 9 - soils report; Condition No.
13 - street trees; Condition No. 15 - fencing; Condition No.
17 - park -in -lieu fees; Condition No. 18 - public
right-of-way; Condition No. 25 - off-site improvements;
Condition No. 26 - water rights; Condition No. 27 - slope
easement; Condition No. 28 - public right-of-way; and
Condition No. 30 - "Will -Serve" letter.
AGENDA ITEM NO. 1 , b .
PAGE__k --_OF
Minutes of Planning Commission
Page 7
June 6, 1990
SINGLE-FAMILY RESIDENCE - 15441 ARNOLD
Motion by Commissioner Saathoff to approve a Minor Design
Review at 16441 Arnold Street based on the Findings and
subject to the 32 Conditions of Approval listed in the Staff
Report, with the following amendments:
Condition No. 8 - Applicant shall use roofing materials
with a Class "A" fire rating.
Condition No. 9.a. - Prior to issuance of building permits,
the applicant shall submit a report
which includes a sewage disposal plan
referenced to the grading plan and
approved by the Riverside County Health
Department.
Second by Commissioner Wisley
Approved: 4-0
Chairman Brown left the table at 9:40 p.m.
Chairman Brown returned to the table at 9:42 p.m.
10. Walk-on Item - Minor Design Review of the Tower Sign -
McArthur/ Glen Group - Community Development Director
Gunderman presented the revised sign program for the
McArthur/Glen facility.
Mr. Kenny Smith, representative for McArthur/Glen, gave a
brief overview of the sign tower since its inception.
Mr. John Ballew, Special Project Planner, talked about his
involvement in the sign tower program.
Commissioner Gilenson wanted to know if anyone could get into
the tower.
There being no further discussion, Chairman Brown asked for a
motion.
Motion by Commissioner Saathoff to approve a Minor Design
Review of the Tower Sign based on staff recommendation,
second by Commissioner Gilenson.
Approved: 4-0
COMMUNITY DEVELOPMENT DIRECTOR'S COMMENTS
Reminded the Commission the July 4 meeting will be held on July
5th.
PLANNING COMMISSIONER'S COMMENTS
Commissioner Gilenson
Nothing to report.
Commissioner Wilsey
Nothing to report.
Commissioner Brinley
Absent.
Commissioner Saathoff
Nothing to report.
AGENDA ITEM No
PAGE OF
Minutes of Planning Commission
Page 8
June 6, 1990
PLANNING COMMISSIONER'S COMMENTS
Chairman Brown
Nothing to report.
There being no further business, the Lake Elsinore Planning
Commission adjourned at 9:55 p.m. Motion by Commissioner
Gilenson, second by Commissioner Wilsey..
Approved: 4-0
Respectfully submitted,
Colleen Moorhouse,
Planning Commission
Secretary
Approved,
Jeff Brown,
Chairman
AGENDA ITEM No. ' b
PAGE 6
CITY OF LAKE ELSINORE
REPORT TO THE CITY COUNCIL
DATE: June 26, 1990
SUBJECT: ANIMAL CONTROL ACTIVITY REPORT
Prepared by: A C19 Submitted By:
Anne Washi gton 16W R and J. Wat npaugh
Executive Director Community Services Director
9�' A I
Approved By: A-�
Ron Molendyk
City Manager
BACKGROUND
Attached is the Animal Control Activity Report as prepared by the Lake
Elsinore Animal Friends (L.E.A.F.) for the month of May, 1990.
RECOMMENDATION
Receive and file the Animal Control Activity Report for the month of
May, 1990.
RJW/mj
AGENDA ITEM NO
ANIMAL CONTROL ACTIVITY REPORT— MAY
1990
MONTH
APRIL
MAY
YR. TO DATE
121
129
554
CALLS RESPONDED TO .......................
3
5
11
DOG BITES REPORTED .......................
3
5
10
QUARANTINES ..............................
QUARANTINE RELEASES ......................
2
5
8
1
4
9
CITATIONSiSSUF.D.........................
52
20
136
VIOLATIONS ISSUED ..................:....
DOGS TURNED IN BY OWNER ..................
283
337
1041
137
147
520
DUGS i`iPOL!LADED...........................
DOGS RELEASED TO OWNERS ..................
29
42
122
178
58
383
DOGS ADOPTED .............................
213
384
1056
DOGS EUTHANIZED ..........................
_
_
DEAD DOGS PICKED UP IN CITY LIMITS.......
3
6
12
CATS TURNED IN BY OWNER ..................
115
211
442
23
256
444
CATS TMPOU:DED...........................
CATS RELEASED TO OWNERS.
4
2
12
22
29
86
CATS ADOPTED .............................
162
436
788
CATS EUTHANIZED........ ............
DEAD CATS PICKED UP IN CITY LIMITS.......
4
5
21
MISC. ANIMALS IMPOUNDED....
21
28
94
TOTAL ANI".ALS IMPOUNDED OR TURNED IN (IN—
CLUDING DEAD AND EUTHANIZED IN FIELD)....
636
990
2574
102
131
469
LICENSES SOLD ............................
U\IT = e 148 TOTAL ACCUMULATED MILEAGE.....
40
—
0
246
UN -IT =:156 TOTAL ACCUMULATED MILEAGE......
_0_'8
iU3'
3823
OTHER:
;E P; RED st:6
ANNE .:ASUINGiON, G�
EXECUTIVE DIRECTOR, L.E.A.F.
LAKE ELSINORE
DEMAND/WARRANT REGISTER NO. 90-121
PAGE NO.
DATE 06/15/90
HER
7.
PAYEE
DETAIL OF DEMANDS PRESENTED
WARRANT CHECK
WRITTEN
DESCRIPTION
ACCOUNTCHG'D
INV. NO,
AMOUNT
NO.
AMOUNT
A. A. EQUIPMENT RENTAL CO.I
19571
141.94
s
A.T. & T.
19572
3.26
ALLANS POWER & EQUIPMENT RE
19573
86.02
a
ARBOR PRO TREE SERVICE
19574
1800.00
y
B & L INDUSTRIAL FABRICATIOt
195751
35.00
s
BARTON—ASCHMAN ASSOCIATES, 1
19576
5947.45
BIG AL OIL CO.
19577
5430.84
*
BIG AL OIL CO.
19578
2312.19
r
CYNTHIA BLOOD—WILSON
19579
2283.2220
*
B.S.I. CONSULTANTS, INC.
19580
18568.09
*
C.M.S. BUSINFSS FORMS
19581
1938.70
*
CALIF. EMPLOYMENT DEVELOPME
19553
2711.30
*
CHEVRON U.S.A. INC.
19582
65.29
CODED SYSTEMS CORPORATION
19583
2316.10
*
COM SER CO.
19584
13.75
*
COMPUTER RESOURCE GROUP
19585
811.30
*
DELTA DENTAL PLAN OF CALIF.
19556
534.20
*
KAREN DREWS CUSTOM DECORATOR
19586
95.08
*
E.V.M.W.D.
19587
40.73
*
EASTMAN KODAK COMPANY
19588
376.24
*
ELSINORE ELECTRICAL SUPPLY,I
19589
826.50
*
ELSINORE OFFICE PRODUCTS
I
19590
511.19.
AGENDA ITEMO.
i
PAGE f
OF
i
LAKE ELSINORE
DEMAND/WARRANT REGISTER NO. 90-121
PAGE NO. 2
DATE 06/15/90
OH ER
PAYEE
DETAIL OF DEMANDS PRESENTED
WARRANTCHECK
WRITTEN
DESCRIPTION
ACCOUNT CHG'D
INV, NO.
AMOUNT
NO.
AMOUNT
ELSINORE PATIO GARDENS NURSE
19591
12.76
ELSINORE PIONEER LUMBER CO.
19592
791.31
ELSINORE READY MIX CO., INC.
19593
`;57.99
ELSINORE VALLEY RENTALS
19594
513.51
ELSINORE WATER DISTRICT
19595
50.00
EXPRESS BLUEPRINT INC.
19596
71.09
FEDERAL EXPRESS CORP.
19597
59.75
FIRST TRUST BANK
19400
21197.83 }
FLAIR DATA, INC.
19598
1371.33 *
FONTANA PAVING, INC.
19599
291.21 *
FRED'S ELECTRIC
19600
950.00 *
G.T.E.L.
19601
2024.06 *
GENERAL TELEPHONE CO.
19602
123.60 *
GENERAL TELEPHONE CO.
19557
21.78 *
GENERAL TELEPHONE CO.
19566
1366.68 *
DAVID A. GUNDERMAN
19603
98.74 *
BROWN,HARPER,BURNS,3 HENTSCH
19604
15166.54 *
HEWLETT PACKARD COMPANY
19605
2615.09 *
HEWLETT PACKARD CO.
19606
1270.00 *
HINKLEY & SCHMITT
19607
25.25 *
HORIZON WATERS
19608
247.70 *
HORIZON WATERS
19609
17.40
AGENDA ITE
NO -
PAGE
LAKE ELSINORE
DEMAND/WARRANT REGISTER NO. 90-121
PAGE NO.
DATE 06/15/90
PAYEE
WARRANT CHECK
HER
DETAIL OF DEMANDS PRESENTED
WRITTEN
DESCRIPTION
ACCOUNT CHG'D
INV. NO.
AMOUNT
NO,
AMOUNT
ICMA RETIREMENT TRUST
19554
1379.42
IKON BUSINESS SYSTEMS
19610
335.00 *
S & R LANDSCAPE MAINTENANCE
19611
606.96 *
JOHN'S SERVICE CENTER
19612
50.00 *
KACHINA ENGINEERING
19613
5430.00 *
VICKI LYNN KASAD
19614
103.00
MILO K. KEITH
19615
5115.77 *
RONALD F. KIRCHNER
19616
103.00 *
KOCH MATERIALS COMPANY
19617
180.94 *
LAKE ELSINORE AUTO PARTS
19618
533.36 *
CITY OF LAKE ELSINORE
19549
52620.59 *
CITY OF LAKE ELSINORE
19568
5418.03 *
CITY OF LAKE ELSINORE
19565
378.17 *
LAKE ELSINORE FLORIST & GIFT
19619
33.09 *
LAKE ELSINORE MATERIALS
19620
29.89 *
LAKE ELSINORE TRAVEL SERVICE
19621
316.00 *
LAKE ELSINORE WEED ABATEMENT
19622
6957.00 *
LAKESIDE CHEVROLET, INC.
19623
114.11 *
MAINTENANCE ENGINEERING, INC19624
111.93 *
MARSHAL'S OFFICE
19625
20.00 *
MAYHALL PRINT SHOP
19626
712.82 *
METROMEDIA PAGING SERVICES
19627
58.001
A
ENDA ITEM NO.
PAGE L
FF
LAKE ELSINORE
DEMAND/WARRANT REGISTER NO. 90-121
PAGE NO.
DATE 06/15/90
PAYEE
:HER
WARRANTCHECK
0.
DETAIL OF DEMANDS PRESENTED
WRITTEN
DESCRIPTION
ACCOUNTCHG'D
INV. NO.
AMOUNT
NO.
AMOUNT
MONROE SYSTEMS FOR BUSINESS
19628
166.53
a
MOTOROLA, INC.
19629
1047.00
R. S. NOBLE COMPANY
19630
262.39
PACIFIC IRRIGATION SUPPLY, I
19631
90.69
PASSIONS SPORTS
19632
228.86
k
THE PHOTO PLACE
19633
94.04
x
THE PRESS ENTERPRISE
19634
160.00
PRICE SECURITY SYSTEMS
19635
1662.50
PRUDENTIAL OVERALL SUPPLY
19636
162.94
PUBLIC EMPLOYEES RETIRE. SYE
19551
1881.36
QUILL CORPORATION
19637
64.32
*
REDEVELOPMENT AGENCY FOR THE
19638
81.89
*
RIGHTWAY
19639
40.00
*
RIVERSIDE COUNTY FEDERAL
19555
3241.56
*
COUNTY OF RIVERSIDE — OFFICE
19640
2550.31
*
COUNTY OF RIVERSIDE — SHERIF
19641
1797.60
*
RODRIGUEZ DISPOSAL CO.
19642
43.05
*
CHRIS ROSENBERG
19643
32.25
*
SECURITY PACIFIC NAT'L BANK
19644
267.53
*
SECURITY PACIFIC NAT'L BANK
19645
1096.57
*
SECURITY PACIFIC NAT'L BANK
19646
1093.20
*
SEERS LUMBER
19647
88.874
AGE
DA ITEMPIO.
PAGE OF
LAKE ELSINORE
DEMAND/WARRANT REGISTER NO. 90-121
PAGE NO. 5
DATE 06/15/90
j ER
PAYEE
DETAIL OF DEMANDS PRESENTED
WARRANT CHECK
WRITTEN
DESCRIPTION
ACCOUNTCHG'D INV. NO.
AMOUNT
NO.
AMOUNT
GREGORY K. SMITH
19648
20085.22
*
SUSAN SORIA
19649
704.00
*
SOUTHERN CALIFORNIA EDISON 9
19650
2846.06
*
SOUTHERN CALIFORNIA EDISON C
19651
53.10
*
SOUTHERN CALIFORNIA EDISON
19652
384.00
*
SOUTHERN CALIFORNIA GAS CO.
19653
48.71
*
STANDARD OFFICE SYSTEMS
19654
326.25
BILL STARKEY
19550
125.00
*
STEVE'S AUTO PARTS
19655
2000.03
*
STOCKWELL h SINNEY
19656
154.34
*
STOORZA, ZIEGUAS d METZGER,Y
19657
263.05
*
TARGET CHEMICAL
19658
966.09
*
TEMECULA VALLEY PERSONNEL
19659
1200.00
*
TEXACO REFINING -MARKETING I
19660
72.83
*
THOMAS TEMPS
19661
2490.18
*
THOMPSON & COLGAIE
19662
376.20
*
RUSSELL TOURVILLE CONSTRUCTI
19663
34682.00
*
U. P. S.
19664
74.56
*
UNITED STATES POSTMASTER
19567
986.00
*
UNIVERSAL COACH PARTS INC.
19665
176.35
*
CARL WARREN d COMPANY
19666
64.48
RICHARD WATENPAUGH
19667
100.00
I
i
q
NDA ITEM NO.
PAGE OLL—
LAKE ELSINORE
DEMAND/WARRANT REGISTER NO. 90-121
PAGE NO.
DATE 06/15/90
PAYEE
WARRANT CHECK
10'HER
DETAIL OF DEMANDS PRESENTED
WRITTEN
DESCRIPTION
ACCOUNTCHG'D
INV. NO.
AMOUNT
NO.
AMOUNT
RAY WOOD ASSOCIATES
19668
3675.00 *
ZEE MEDICAL
19669
52.67 *
ZUMAR INDUSTRIES
19670
231.37 8
WILDAN ASSOC.
19671
10196.50 *
SOUTHWEST BUSINESS INTERIORS
19672
309.74 *
ASSOCIATED EQUIPMENT CO. AND
19673
2186.50 *
DONNA BARLASS
19399
374.96 *
GREG SMITH WELDING
19674
120.00 *
STANDARD CONCRETE PRODUCTS,I
19675
25.00 *
ALTMAN WINNEBAGO
19559
2500.00 *
ALTMAN WINNEBAGO
19560
544.00 *
ALTMAN WINNEBAGO
19561
544.00 *
ALTMAN WINNEBAGO
19562
464.00 *
ALTMAN WINNEBAGO
19563
464.00 *
ALTMAN WINNEBAGO
19564
544.00 *
STARCREST OF CALIFORNIA
19558
47.94 *
RADIO DESIGN LABS
19676
55.00 *
LEON 3 MARIA MINGURA
19677
34.71 *
ARTESIA IMPLEMENt
19678
54.78 *
CITY OF BEAUMONT
19679
51.75 *
CONSTANCE HOOKS
19680
5.00 *
HARRY h ANOOSH SARKISSIAN
19681
635.00,'
J
AGDA
ITEM NO.
/ O
SAGE
LAKE ELSINORE
DEMAND/WARRANT REGISTER NO. 90-121
PAGE NO.
DATE 06/15/90
:HER
0.
PAYEE
DETAIL OF DEMANDS PRESENTED
WARWR WRITTEN
DESCRIPTION
ACCOUNT CHG'D
INV. NO.
AMOUNT
NO.
AMOUNT
KEN 1EFFERS
19682
850.00
HOKE COMMUNICATIONS INC.
19683
48.00
I
AGENDA ITEM
0.
PAGE 4
OF
LAKE ELSINORE
DEMAND/WARRANT REGISTER NO. 90-121
PAGE NO.
DATE 06/15/90
-.^0 HER
PAYEE
DETAIL OF DEMANDS PRESENTED
WARRANT CHECK
WRITTEN
DESCRIPTION
ACCOUNT CHG'D INV. NO.
AMOUNT
NO.
AMOUNT
BITTEN
185100.08
REPAID
97344.82
%CCRUED
.00
TOTAL
282444.90
RECAP BY FUND
RE -PAID
JRITTEN
GENERAL FUND
100
97218.69
149685.52
STATE GAS TAX FUND
110
.00
2186.50
LIGHTING/LANDSCAPE DISTRI130
90.21
8454.76
STORM DRAIN CAPITAL PROJE
11
.00
5115.77
PARK CAPITAL PROJECTS FUN221
.00
6686.26
L.E.T.S. FUND
450
35.92
10157.91
OTHER FUNDS
999
.00
2813.36
3
AG
DA ITEM NO.
PAGE
GOVERNMENT CLAIMS
CL#90-L?`
.,_AJ
51990
CLAIM AGAINST: CITY OF LAKE ELSINORE OFFICE OF:
KITS CLEM
130 S. Main Street
Lake Elsinore, CA 92330
NAME OF CLAIMANT: Jeffrey Edenfield
ADDRESS OF CLAIMANT: P. 0. Box 8393
Canyon Lake, CA 92380
ADDRESS OF CLAIMANT'S ATTORNEYS: Thompson & Colegate
3610 Fourteenth Street
Post Office Box 1299
Riverside, California 92502
WARNING:
No mail or correspondence is to be addressed or delivered to the
above -stated address of the claimant. All correspondence is to
be directed to claimant's attorneys, the law firm of Thompson &
Colegate, 3610 Fourteenth Street, Post Office Box 1299,
Riverside, California 92502.
DATE OF OCCURRENCE: April 3, 1989
LOCATION: Northbound lane of Grand Avenue, approximately one
mile south of Riverside Drive, City of Lake Elsinore
GENERAL DESCRIPTION OF THE CLAIM AND DAMAGES:
On April 3, 1989 at approximately 3 p.m. on northbound Grand
Avenue, approximately one mile south of Riverside Drive in Lake
Elsinore, City worker's dropped a large object in the roadway
causing the same to interfere with traffic. One City worker went
into the street to retrieve the large container which caused a
vehicle to suddenly stop, causing Mr. Edenfield to hit the
vehicle from behind. The driver of the lead vehicle was Kathleen
Harris, 3541 Nashland Avenue #4, Lake Elsinore who is represented
by David Chapman, Esq., 92608 Oasis Street, Indio, California
92201. The names of the City employees causing the damage or
injury at this time are unknown.
Thereafter, on or about February 21, 1990 Kathleen Mary Harris
filed a lawsuit, Riverside Superior Court Case No. 203628 naming
Jeffrey Edenfield, the City of Lake Elsinore and Does 1 to 80,
inclusive as defendants. She seeks property damage and personal
injuries.
AGENDA ITEM NO.
PAGE,; OF
Claim Against City of Lake Elsinore
Re: Claimant Jeffrey Edenfield
June 1, 1990
Page 2
Thereafter, on or about April 23, 1990, Jeffrey Edenfield was
served by mail acknowledgement of receipt in the herein action.
The acknowledgement of receipt was signed May 4, 1990.
The basis of our claim at this time is for complete and total
indemnity, express and implied, and for declaratory relief as to
the apportionment of damages between Jeffrey Edenfield and the
City of Lake Elsinore.
The amount of damages claimed by the plaintiff is speculative at
this time. Therefore, on the ..basis of this claim for indemnity
and declaratory relief, no specific sum of money demanded by
plaintiff is known to this claimant at this time. The plaintiff
is claiming physical injuries, and making claims for medical
expenses, loss of earnings, costs of suit and general damages for
which this defendant/claimant will ask indemnity as to the total
or apportioned amount by virtue of that which is sought by the
plaintiff's Complaint as against this claimant.
DATED: June 1, 1990THO & COLEGA�TE
By : / _4,z�_. .
DU E A. N TON
Attorneys for Defendant,
Jeffrey Edenfield
AGENDA ITEM NO.
PAGE OF
CITY OF LAKE ELSINORE
REPORT TO THE CITY COUNCIL
DATE: June 26, 1990
SUBJECT: County -wide Park Assessment District
1
Prepared by: Approved By:
:A
Richard J Waten au Ron Mo endyk
Community Services Director City Manager
BACKGROUND
On May 22, 1990, the City Council of the City of Lake Elsinore
conditionally approved support of Riverside County's proposed
Countywide Park Assessment District.
As follow-up to the approval, attached is a resolution requesting
inclusion in the creation of the Riverside County Regional Park and
Open space District for the Council's approval.
In addition to the resolution, it is staff's recommendation that the
following projects be included in the City Council's approval as
proposed park sites in the Lake Elsinore area:
1. Regional Park at East end of Lake
2. Lake access and parking on the South side of Lake (County area)
3. Neighborhood/Hang Gliding Park on South side of Lake (base of
Ortegas)
4. Regional Trails (local area section)
FISCAL IMPACT
The cost to the City would be determined by the number of local
services provided. The County Parks Department would provide all
support for regional facilities, unless the City were to enter into a
maintenance contract with the County for those services.
RECOMMENDATION
It is recommended the Mayor and City Council approve the attached
Resolution No. %0_5Z stating the City's intent to be included in the
Riverside County Regional Park and Open Space District.
AGENDA!77t,
RESOLUTION NO. 90-58'
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE REQUESTING
INCLUSION IN THE CREATION OF THE
RIVERSIDE COUNTY REGIONAL PARK AND
OPEN SPACE DISTRICT
WHEREAS, Section 5506.7 of the California Public
Resources Code, as added thereto by Chapter 789 of the Statutes of
1989, authorizes the formation of a regional park and open space
district in Riverside County; and
WHEREAS, such regional park and open space district will
be formed by the general purpose of acquiring, preserving,
protecting, operating and maintaining open space, regional parks,
habitat conservation areas, as well as hiking, biking and
equestrian trails; and
WHEREAS, any city within Riverside County may, by
resolution of its governing body, chose to be included within the
district's formation for both regional and local park and open
space purposes;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Lake Elsinore in regular session on June 26, 1990, that
the City of Lake Elsinore is hereby requesting inclusion in the
Riverside County Regional Park and Open Space District.
PASSED, APPROVED AND ADOPTED this 26th day of June, 1990,
by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ATTEST:
VICKI KASAD, CITY CLERK
CITY OF LAKE ELSINORE
APPROVED AS TO FORM & LEGALITY:
JOHN R. HARPER, CITY ATTORNEY
GARY M. WASHBURN, MAYOR
CITY OF LAKE ELSINORE
AGENDA ITEM NO.
PAGE A OF
REPORT TO CITY COUNCIL
DATE: JUNE 26, 1990
SUBJECT: AUTHORIZATION FOR CITY ENGINEER TO APPLY
FOR AND ACCEPT BLM GRANTS ON BEHALF OF CITY
( ?
PREPARED BY: 1 APPROVED BY:
onald F. Kirchner Ron Molen yk
Director of Public City Manager
services
BACKGROUND
In compliance with the Conditions of Development, the City, with
the assistance of the Homestead Development and Friedman Homes, has
processed Right -of -Way Grant Applications through the Bureau of
Land Management for the construction of proposed Tract 17413 storm
drain improvements and proposed Tract 20704 Summerhill Drive road
improvements, respectively.
As a requirement of the grant applications, the Bureau of Land
Management is requesting the City adopt a resolution authorizing
the City Engineer to process applications and accept grants on
behalf of the City of Lake Elsinore.
FISCAL IMPACT
There is no fiscal impact on the City.
RECOMMENDATION
It is recommended that the City Council adopt Resolution No.
90-,Sc�_ granting the City Engineer the authorization to apply for,
process and accept grants through the Bureau of Land Management for
the City of Lake Elsinore.
AGENDA ITEM NO. (D
PAGE / OF OL
RESOLUTION 90-3A
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, TO GRANT AUTHORIZATION TO THE
CITY ENGINEER TO APPLY FOR ACCEPT GRANTS THROUGH THE
BUREAU OF LAND MANAGEMENT ON BEHALF OF THE CITY OF
LAKE ELSINORE
BE IT RESOLVED, that the City of Lake Elsinore hereby
authorizes the City Engineer, Ron Kirchner, to apply for and accept
grants on behalf or the City of Lake Elsinore for any right-of-way
or land actions.
BE IT FURTHER RESOLVED, that the City accept the Bureau of
Land Management grant for that portion of Summerhill Drive through
BLM right-of-way which is to be constructed as part of the Tract
17413 improvements. (Grant # CA 8562)
BE IT FURTHER RESOLVED, that the City accept the Bureau of
Land Management grant for the storm drain facilities to be
constructed as part of the Tract 20704 improvements. (Grant # CA
21573)
PASSED, APPROVED AND ADOPTED this day of
1990, on the following roll call vote:
AYES:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
GARY M. WASHBURN, MAYOR
CITY OF LAKE ELSINORE
ATTEST:
VICKI LYNNE KASAD, CITY CLERK
CITY OF LAKE ELSINORE
APPROVED AS TO FORM AND LEGALITY:
JOHN R. HARPER, CITY ATTORNEY
AGENDA ITEM NO. (—
PAGE -2-' OF-9*2--�
REPORT TO CITY COUNCIL
DATE: JUNE 26, 1990
SUBJECT: SMALL CLAIMS ACTIONS
i
PREPARED BY: __mac' APPROVED 130—
C.
C. Ray Wood, Administrate Ron Mole dyk,
Services Director City Manager
BACKGROUND:
Periodically, the City finds it necessary to pursue small claims actions to
collect amounts due to the City. Previously, the City Council adopted
Resolution 88-51 authorizing the Assistant City Manager, Administrative
Services Director and Accounting Technician to file such actions. Since that
resolution was adopted, one position title has changed and for other reasons an
updated resolution is desirable.
FISCAL IMPACT:
The fiscal impact will be the cost of filing small claims actions which is
presently $ �0 each.
RECOMMENDATION:
It is recommended that City Council adopt Resolution No.4O-bO authorizing the
Assistant City Manager, Administrative Services Director, Finance Manager and
Accountant I to file small claims actions on behalf of the City.
/kl j
AGENDA ITEM NO.
PAGE____ OF�,_
RESOLUTION NO. 90-_(p_�
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, DESIGNATING AUTHORIZED
REPRESENTATIVES TO PROSECUTE SMALL CLAIMS COURT
COLLECTION ACTIONS IN THE NAME OF THE CITY OF LAKE
ELSINORE.
WHEREAS, it is necessary from time to time to bring legal action to
collect debts owed to the City of Lake Elsinore; and,
WHEREAS, it is expedient to utilize City employees and the local small
claim court to bring such legal actions;
BE IT THEREFORE RESOLVED that the City of Lake Elsinore, California,
hereby designates the Assistant City Manager, Administrative Service Director,
Finance Manager and Accountant I as the City employees authorized to bring
legal actions in small claims court in the name of the City of Lake Elsinore to
collect debts owed to the City, under the direction and control of the City
Manager.
PASSED, APPROVED AND ADOPTED this
1990, upon the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
GARY M. WASHBURN, MAYOR
CITY OF LAKE ELSINORE
ATTEST:
Vicki Lynne Kasad, City Clerk
City of Lake Elsinore
APPROVED AS TO FORM AND LEGALITY:
John R. Harper, City Attorney
day of
AGENDA ITEM NO.
PAGE OF�
CITY OF LAKE ELSINORE
REPORT TO THE CITY COUNCIL
DATE: June 26, 1990
SUBJECT: D.B.A. REQUEST TO CLOSE MAIN STREET
Prepared by: Approved By(;2,U/1�
is and J. a enpaugh Ron M lendyk
Community Services Director City Manager
BACKGROUND
The Downtown Business Association ("DBA") has requested permission to
close Main Street from Graham to Peck on August 11, 1990 from 5:00
p.m. to 9:00 p.m. The request is to accommodate a street fair "Hot
August Night -Sizzling Summer Sidewalk Sale" in lieu of the DBA's
traditional July 4th sidewalk sale.
The DBA is attempting to create an annual event to promote the
Historic Downtown Business District, as well as tie into the City's
scheduled teen dance at the Lake Community Center.
It is staff's feeling that the event would support the teen dance and
be a positive event for the Downtown area.
FISCAL IMPACT
The impact on the City's budget would be the cost of setting up the
barricades, detour route, and street sweeping, plus the waiver of the
Temporary Activity Permit.
RECOMMENDATION
It is recommended the Mayor and City Council approve the Downtown
Business Association's request to close Main Street from Graham to
Peck on August 11, 1990 for the "Hot August Night -Sizzling Summer
Sidewalk Sale" with the condition that the DBA pay any costs incurred
by the City related to set up and clean up.
RJW/mj
AGENDA ITEM NO. 9_
PAGE OF a
Community Services
RECEIVED
JUN 191990
1
Donna Barlass
D.BA-President
130 r.L Main St.
Lake Elsinore,Ca.
92330
Mr. Dick Watenpaugh
Community Services Director
City of Lake Elsinore
130 S. Main
Lake Elsinore, Ca. 92330
Mr. Watenpaugh,
In 1990, in lieu of the traditional 4th of July Sidewalk Sale, the
Downtown Business Association would like to sponsor "Hot August
Night - Sizzling Summer Sidewalk Sale" to co-ordinate with the
city sponsored Teen Dance at the Community Center on August
11.
By offering a sidewalk sale, booth space, magicians, puppet
shows,possibly a petting zoo and other street faire type
entertainment such as exhibitions in martial arts, mimes, and
jugglers, we could expand Hot August Night to a family evening of
fun in addition to the Teen Dance.
The Downtown Business Association is requesting a special permit
for blocking Main Street from Graham to Peck on August 11, 1990
from 5 pm to 9 pm. Depending on the condition of the street at that
time due to redevelopment an alternative would be Main Street
between Graham and Sulpher.
We would also like to request that special event permit fees be
waived, in as much as the event is totally oriented toward
promotion of the vital downtown area.
We appreciate your time and consideration in this matter.
Sincerely,
lV67LIn0i 0L&,li-
Donna Barlass
President-D.B.A.
AGENDA ITEM NO. V
PAGE OF a
REPORT TO CITY COUNCIL
JUNE 26, 1990
SUBJECT: FINAL APPROVAL OF PARCEL MAP 24751
PREPARED BY: APPROVED:`^' "
Ra O'Donnell Ron Kirchner
Senior Civil Engineer Director of Public
�-� I Services
APPROVED:
The tentative map for Parcel
Council on September 12, 1989.
south side of Collier Avenue
Attachment for site location).
M
endyk
City
Map 24751 was approved by the City
Parcel Map 24751 is located on the
and east of Central Avenue. (See
SUMMARY
The final map conforms substantially to the approved tentative map,
and all City Council conditions of approval pertaining to the final
map have been or will be completed prior to recordation.
1. Approve the final map, subject to the City Engineer's
acceptance as being true and accurate.
2. Authorize City Clerk to sign said map and arrange for
recordation.
AGENDA ITEM NO.
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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 10th day of
July, 1990, in the District Board Room, 545 Chaney Street, Lake
Elsinore, California, at 7:00 p.m., relative to the following:
PROJECT: SURFACE MINING AND RECLAMATION ORDINANCE - CITY OF LAKE
ELSINORE
A request to approve a Surface Mining and Reclamation
Ordinance in order to implement the Surface Mining and
Reclamation Act of 1975. Adoption of this Ordinance is
required before the City can approve reclamation plans for
surface mining operations.
LOCATION: City of Lake Elsinore
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: June 22, 1990 SIGNED
VICKI KASAD, CITY CLERK
PLEASE PUBLISH ON: June 27, 1990
AGENDA ii'ZW, NO.
PAGE__t--OF-l-----
CITY OF LAKE ELSINORE
TO: Honorable Mayor and City Council
FROM: Dave Gunderman, Community Development Director
DATE: June 19, 1990
SUBJECT: General Plan Amendment 90-1 & Zone Change 90 2
Pentagon Development and Hunsaker & Associates
This project is a continuance from the May 22, 1990 City
Council meeting. Since then, the developer has made several
attempts to meet with the neighborhood group to discuss
project issues and alternatives. The neighborhood group has
refused to meet, talk, or negotiate with the developer. As a
result, the issues which are outlined in the staff report of
April 24, 1990 remain unresolved.
At the meeting of May 9, 1990, attended by the neighborhood
group and the applicant, the applicant proposed the following
to try to mitigate some of the impacts on the neighborhood:
o Applicant to donate and improve a small park site on
Macy Street side of the project to buffer the residences
and provide playing ground for children.
o Applicant to contribute a pro -rate share for improvement
of Grand Avenue and for a signal on Grand Avenue and the
Ortega Freeway (these contributions would have been
standard conditions of approval) and applicant to
install a traffic light on Macy Street and Grand Avenue
and to be reimbursed by future development.
o Applicant to design project with no access to and from
Macy Street and two access points from Grand Avenue.
o Applicant to conduct a vacant land survey and to
recommend uses for those sites as a frame work for a
Master Plan of the area.
No meetings have taken place since the May 9, 1990 meeting;
therefore, agreements have not been reached between the
developer and the neighborhood group.
/bd
AG ENDAi- :/I -N 0.
RESOLUTION NO. 90-ki
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, CALIFORNIA, DENYING
AN AMENDMENT TO THE LAND USE ELEMENT OF
THE LAKE ELSINORE GENERAL PLAN FOR THE
FIRST CYCLE OF THE CALENDAR YEAR OF 1990.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALI-
FORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
WHEREAS, Section 65361(a) of the Government Code pro-
vides that no mandatory element of a General Plan shall be
amended more frequently than four times during any calendar
year; and
WHEREAS, the Planning Commission held a public
hearing on these General Plan Amendments on February 21 and
March 7, 1990, and that this public hearing was advertised as
required by law. The Planning Commission made recommendations
to the City Council concerning this General Plan Amendment and
has filed with the City Council copies of maps and reports; and
WHEREAS, notice was duly given of the public hearing
on the Amendment, which public hearing was held before the City
Council on the 24th day of April, 1990, at the hour of 7:00
p.m., with testimony received being made a part of the public
record; and
WHEREAS, all requirements of the California Environ-
mental Quality Act have been met for the consideration of
whether the project will have a significant effect on the
environment.
NOW, THEREFORE, in consideration of the evidence
received at the hearing, and for the reasons discussed by the
Council members at said hearing, the City Council now finds that
the Lake Elsinore General Plan shall not be amended as follows:
D. GENERAL PLAN AMENDMENT 90-1
APPLICANT: Hunsaker and Associates
PROPERTY OWNER: Pentagon Development
LOCATION: Southeast corner of Macy Street
and Grand Avenue.
Change approximately 6.043 acres from
Neighborhood Commercial to High Density
Residential.
Denial is based on the following:
AGENDA ITEM NO._31
PAGE 2- OFI _
1. The proposed General Plan Amendment would not
establish a land use more in keeping with the
subject property's location, access and site
characteristics.
2. The proposed use is not more compatible with
the surrounding residential land uses than
the existing use.
3. The subject property could reasonably be
developed without granting the General Plan
Amendment.
PURSUANT TO THE ABOVE FINDINGS, IT IS RESOLVED by the
City Council of the City of Lake Elsinore, California, that the
City of Lake Elsinore General Plan Land Use Map shall not be
amended.
PASSED, APPROVED AND ADOPTED this 24th day of
April, 1990, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTENTIONS: COUNCILMEMBERS:
ATTEST:
Vicki Lynne Kasad, City Clerk
City of Lake Elsinore
(SEAL)
APPROVED AS TO FORM AND LEGALITY:
John R. Harper, City Attorney
City of Lake Elsinore
, Mayor
City of Lake Elsinore
AGENDA i i Erf NO.
PAGE OF
PAGE SEVEN - CITY COUNCIL MINUTES - MAY 22, 1990
UPON THE LOWING ROLL CALL VOTE:
AYES: COT
NC E
RS: BUCK, GUEZ,�STARKE,WASHBURN
NOES: NCILMEMBNONE
ABSENT: ILMEMBERS: No
IN: COUNCILMEMBERS: WINKLER
33. General plan Am90-1 Zone han a 0- _ Pentagon
Development.
Continued from May 8, 1990.
Community Development Director Gunderman advised that the
developer has requested a continuance of this item to June 26,
1990 for resolution of issues with the neighborhood group.
MOVED BY STARKEY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS
VOTE TO CONTINUE THIS MATTER TO JUNE 26, 1990.
34. dinance No. 9944.
•
Ura cy Interim Ordinance Adopting a /ede
ium in the ast
Flood ain Area and City Lake Perimet
Communit Development Director Gunderplained he history
of this no torium which was establisallow ime to
develop appr riate land uses and ciron p ns. He
advised that t e current proposal is 60 y extension to
July 24, 1990 a which time staff wouur with a master
plan for adoption. He also requesteduncil authorize
the formation of a ommittee of 2 Plaommissioners, 2
Councilmembers, John allew and Plannpartment Staff to
complete this preparat ry work.
Mayor Washburn opened the public hear8:50 p.m. asking
those in favor of this Ord'" ance tFopeak. No one spoke.
Mayor Washburn asked those in�opp9 ition to speak. The
following person spoke: \17
Emerson Brigham, property owns , equested clarification of
• the boundaries of the propose�d moratorium area. Staff advised
that they were the same as,�5revious y set. Mr. Bingham
detailed the history of t �s morator um and expressed concern
that points of the law w re not being`,properly fulfilled, such
as reports relating to xtension of tike, number of
extensions, etc. He estioned the nee to keep existing
commercial property in this moratorium a a, and what this
moratorium would d that the other have n
Mayor Washburn c osed the public hearing at :56 p.m.
City Attorney arper commented with regard to he legal
requirements for moratoriums and explained the ity's previous
actions.
Councilm Buck inquired whether staff feels the rk can be
accompl' hed in the 60 days allotted. Community D velopment
Direct Gunderman confirmed that he feels this wor can be
done d work will proceed.
Cou cilman Starkey advised that he feels this process s
• t en too furtherladvisedethat afterbut ethatltimeethelpropertyth 60 rneedysto
e released.
AGENDA ITEM., NO.-31—
PAGE 4
O.__ 3PAGE Or= -?G,-
CITY OF LAKE ELSINORE
MEMORANDUM
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: DAVE GUNDERMAN, COMMUNITY DEVELOPMENT DIRECTOR
DATE: MAY 22, 1990
SUBJECT: GENERAL PLAN AMENDEMENT 90-1 AND ZONE CHANGE 90-2
PENTAGON DEVELOPMENT
The applicant has requested a continuance of the above
project to the June 26, 1990 City Council meeting to resolve
issues with the neighborhood group.
Councilmen Winkler and Buck met with the applicant, staff and
the neighborhood
groupon
project. Followto identify
and resolve
meetings are
continuing.
/cm
PAGE � OF�
PAGE FIVE - CITY COUNCIL MINUTES - MAY 8, 1990
15. Approved 16t Year C.D.B.G. Reallocation of F s, and
related modif1 tion of 15th Year Funds; w' 16th year
programs to refle t the following:
Yarborough Park $78,702
Riverside County Coaliti
Alternatives to Domesti olence
St. Vincent De Pau "omeless
Disaster andR6scue Equipment
Total 16th Year Program
16.proved Extension of Time to December 7,
/Homes, Inc. on their Agreement for Improv
PUBLIC HEARINGS
1,839
5,000
9,020
$94,561.
'990 for Friedman
m&nts Construction.
31. General Plan Amendment 90-1 and Zone Chancre 90-2 _ Pentagon
Development and Hunsaker & Associates.
Continued from April 24, 1990.
COVED BY WINKLER, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT TO CONTINUE THIS ITEM TO MAY 22, 1990.
32. entative Tract Map 25487 and Zone Chancre 89-16 - Partin
D el0 ment Corporation (Courton & Associates).
A re est to create 133 single family lots and one 1) lot for
common urposes and rezone from Rural Residentia to Low
Density sidential on 43.3 acres located min
of the
terminus o Wasson Canyon Road, one-half mil east of I-15 and
one-half mi south of Highway 74.
Community D\eve Director Gunderma detailed this request
and explained Co dition #81 which is b sed on comments
received from the tate Department c Mines and Geology.
The City Clerk repor\dnwritte comments or protests.
Mayor Pro Tem Starked t public hearing at 7:30 p.m.
asking those in favois project to speak. The following
person spoke:
Larry Buxton, Courton & so Nates, 121 S. Main Street,
commented that he feels his i a continuation of the Ramsgate
Specific Plan area rec ntly app owed. He advised that this
project will have an verage lot ize of 8,100 square feet.
He detailed the stu les which the have undertaken with
regard to Kangaro Rats, traffic fI ws, and geologic review.
Mayor Pro Tem sXarkey asked those in apposition to speak.
Hearing no on the public hearing was osed at 7:35 P.M.
MOVED BY WINK , SECONDED BY BUCK AND CARR El
BY UNANIMOUS VOTE
OF THOSE PRES T TO ADOPT NEGATIVE DECLARATION 89-56, APPROVE ZONE
CHANGE 89-16 AND ADOPT ORDINANCE NO. 893
ORDINANCE NO. 893
AN RDINANCE OF THE CITY OF LAKE ELSINORE, CALIF IA,
ZONING 43.3 ACRES LOCATED NORTH OF THE TERMINUS F WASSON
ANYON ROAD, ONE-HALF MILE EAST OF i-15 AND ONE -HA F MILE -
SOUTH OF HIGHWAY 74 FROM RURAL RESIDENTIAL (R -R) TO LOW
AGENDA ITEH NO. 3
PAGE Oi=J�_
REPORT TO THE CITY COUNCIL/REDEVELOPMENT AGENCY
DATE: May 8, 1990
SUBJECT: General Plan Amendment 90-1 and Zone
APPROVED BY
Change 90-2: Pentagon Development and
Hunsaker & Associates
BY:
Ron Molendyk
City Manager
Staff is requesting a continuance of the above projects to
the May 22, 1990, City Council hearing. At the direction of
City Council staff, the applicant and Councilmembers Winkler
and Buck will meet with the neighborhood group and try to
resolve the issues surrounding their concerns. This meeting
is scheduled for May 9, 1990, at 7:00 p.m.
A �-ItiDA ITEM 140.
3 1 _
PAGE OF�
MEMORANDUM
TO: Honorable Mayor and City Council
FROM: Dave Gunderman, Community Development Director
DATE: April 18, 1990
SUBJECT: General Plan Amendment 90-1; Zone Change 90-2
(Pentagon Development and Hunsaker & Associates)
The applicant has requested a continuance of the above
project to the May 8, 1990, City Council hearing. The
applicant will meet with the neighborhood group that has
voiced concerns about the project and try to resolve the
issues surrounding their concerns prior to the May 8, 1990,
hearing.
PAGE Or.4L—
PAGE SEVENTEEN - CITY COUNCIL MINUTES - APRIL 24, 1990
BASED ON T FOLLOWING FINDINGS:
Findings eneral Plan Amendment 89-15
1. Theoposed
land u and
subjectop
characteri t
2. The proposed
with the sur
Findings- Zone Change
General Plan Amendmen would establish a
allow density more ' keeping with the
erty's location, cess and site
ics.
eneral P1 Amendment is consistent
ro ding nd use designation.
1.ZGeneralan
t y of La Elsinore Zoning of R-1 is
nt with the equested General Plan Land
ation of Light dustrial as contained in
an Amendment 89-12.ed zoning, whichwill ecome effective upon
cil approval is consiste t with the General
ment 89-15.
The proposed zoning will facilitate ccatibility of
land uses within the City's General Plan nd will
Bring the property into conformity with th General
Plan.
34. General Plan Amendment 90-1 & Zone Change 90-2 = Pentagon
Development =andHunsaker & Associates.
A request to amend the General Plan Land Use designation from
Neighborhood Commercial to High Density Residential and to
change the zoning from Commercial Park (C -P) District and
Neighborhood Commercial (C-1) District to High Density Resi-
dential (R-3) District.
Mayor Washburn commented that a continuance was being
requested to May 8, 1990.
Community Development Director Gunderman confirmed this
request, and advised that a meeting was being arranged between
the residents and the applicant for some time this week.
Mayor Washburn thanked the residents for their willingness to
provide input on projects such as this.
Councilman Winkler expressed concern with this project,
commenting that this is the opposite of the type of change
Council should be considering. He stressed the need for
parks in this area. He also expressed concern with the
increased traffic on Grand Avenue and the impact on traffic
circulation in the area.
Councilman Buck suggested that staff participate in the
proposed meeting with the developer, and include mitigation of
concerns expressed by hang glider group this evening.
Mayor Washburn appointed Councilmembers Buck and Winkler to
meet with staff, the developer and the residents.
MOVED BY WINKLER, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE
TO CONTINUE THIS ITEM TO MAY 8, 1990.
90-2 & Tentative Tract
Jones &
A request t e Genera on from
A1.END.,A ITrP,i
PACE 1 OF Or
REPORT TO THE CITY COUNCIL/REDEVELOPMENT AGENCY
DATE: April 24, 1490
SUBJECT: General Plan Amendment 90-1 and Zone
Chanae 90-2: Pentagon Development; a
request to amend the General Plan
Land Use Designation from
Neighborhood Commercial to High
Density Residential and to change the
zoning from Commercial Park (C -P)
District and Neighborhood Commercial
(C-1) District to High Density
Residential (R-3) District.
PREPARED BY: �J APPROVED BY
Saied Naaseh Dave nderman
Associate Planner Comm ev. Dir.
APPROVED BY:
Ron Molendyk
City Manager
BACKGROUND
This request is to redesignate an approximately six (6) acre
site from Neighborhood Commercial to High Density Residential
and to rezone the site from Commercial Park and Neighborhood
Commercial to High Density Residential. The proposed
development for the site is not a part of this consideration.
Future development will require design review.
At its meeting on March 7, 1990, the Planning Commission
considered the subject application and recommended the City
Council deny General Plan Amendment 90-1 and Zone Change 90-2
(Minutes and staff report attached).
DISCUSSION
A group of residents from the neighborhood were present at
the meeting and they opposed the proposed project. In
addition, at the direction of Council, staff met with
representatives of the surrounding residents to discuss their
concerns. Some of their concerns included:
1. Generation of increased traffic on Macy Street;
2. Increase of transients and crime;
3. Already congested schools;
4. Potential decline of property values;
5. Safety of children playing on Macy Street;
6. A need for a market and other retail uses;
7. Shortage of parks and recreational areas in the
neighborhood and the general vicinity;
AGENDA "siE✓ NO. 3�
PAGE ,�—OF
Page 2
April 24, 1990
Subject: General Plan Amendment 90-1;
Zone Change 90-2
e. High traffic volumes on Grand Avenue that have caused
accidents in the past.
The Planning Commission denied the project based on the
potential high density of the development as well as health
and safety issues related to multi -family residential
development on the site.
RECOMMENDATION
It is recommended that city Council adopt the Findings,
denying General Plan Amendment 90-1 and adopt Resolution
90- , and deny Zone Change 90-2 and Negative Declaration
90-4 based on the Planning commission's recommendation.
It is recommended that the Redevelopment Agency concur with
City Council action.
Findings = General Plan Amendment 90-1
1. The proposed General Plan Amendment would not establish a
land use more in keeping with the subject property's
location, access and site characteristics.
2. The proposed land use designation is not more compatible
with the surrounding residential land uses than the
existing land use designation.
3. The subject property could reasonably be developed
without granting the General Plan Amendment.
Findings = Zone Change 90-2
1. The proposed zoning is not consistent with the existing
General Plan Land Use Designation.
2. The proposed zoning is not a more compatible zoning with
the surrounding residentially zoned districts.
3. The subject property could reasonably be developed
without granting the zone change.
AGEENDA ITEE �'"�IhiO.
PAG�_L QE3[=
PAGE FOUR - CITY JNCIL MINUTES - MARCH 27, 90
uncilman Washburn advised that this program is being
itiated and explained the need to clear weeds and debr
for to fire season. i
MOVED Bli WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANI7CS VOTE
TO ADOPT WSOLUTION 90-23.
RESOLUTION NO. 90-23
A RESOLU ON OF THE CITY COUNCIL OF THE CITY OF ELSINORE,
CALIFORNZ DECLARING THAT CERTAIN WEEDS, RUBBIS , REFUSE AND
DIRT AND OTHER UNAUTHORIZED FILL MATERIALS S DEFINED IN
SECTION 148 OF THE HEALTH AND SAFETY CODE 0 THE STATE OF
CALIFORNIA CHAPTER 8.32 OF THE LAKE ELSINORE MUNICIPAL
CODE CONSTITU A NUISANCE AND REQUIRE A NO ICE TO BE GIVEN TO
THE PROPERTY 0 ER IN ACCORDANCE WITH DIVI ION 12, PART 5,
CHAPTER 2, OF T HEALTH AND SAFETY CODE F THE STATE OF
CALIFORNIA AND PTER 8.32 OF THE LAKE LSINORE MUNICIPAL
CODE AND PROVIDIN FOR A HEARING ON OBJECTIONS, TOGETHER WITH
FILING OF COST REP TS AND ASSESSMENTS//AGAINST ABUTTING
PROPERTY OWNERS. /
PUBLIC HEARINGS
31. General Plan AmenACitVbounda
- 4 and Ione Change 89-14 _ Homestead
Land DevelopmentTMP Investments).
A request to amenn a3�Plan Land Use Map to include
the site designatow nsity Residential (0-6.9 d.u./
acre); to considee-z/ ing of the site to Low Density
Residential. Thegin 'sts of 36.79 acres of land,
lying south of Scst Dri e, west of Greenwald Avenue,
north of the currbounds
MOVED BY WASHBURN, SECONDED'BY STARKE AND CARRIED BYUNANIMOUS
VOTE TO CONTINUE THIS ITEM TO APRIL 24,\1990.
32. General Plan Amendment 90-2 & Tentati a Tracti� pa 24490
Jones/Tomich. /dthe
A request to ameGeneral Plan des i nation from
Floodplain/Floo way to Low Density Reside tial, for a 7.6 net
acre site, loc ted approximately 1,500 fee west of Shirley
Drive, south f Washington Avenue, east of ichgan Street.
The proposal is related to Tentative Tract p 24490, a
proposal to create 35 R-1 (Low Density Reside tial) lots.
MOVED BY WASOURN, SECONDED BY STARKEY AND CARRIEDUNANIMOUS
VOTE TO CON NUE THIS ITEM TO APRIL 24, 1990.
33. GeneraA Plan Amendment 89-15 and Zone Change 89-17\-
Broo tone Development, Inc.
A oposal for a General Plan Amendment to designate 5.29
a es on the northeast corner of Silver and Flint Stre is as
mited Industrial Land Use, from Environmental Sensiti e; to
onsider a Zone Change request from R-1 to M -l.
BY WASHBURN, SECONDED BY STARKEY AND CARRIED BY
TO CONTINUE THIS ITEM TO APRIL 24, 1990.
34. General Plan Amendment 90-1 and Zone Change 90-2 - Pentagon
Development/Hunsaker & Associates.
A request to amend the General Plan Land Use Map from
Neighborhood Commercial to High Density Residential; to
consider a Zone Change request from C-1 (Neighborhood
AGENDA 1 EE ,l NC).
PAGE IZ OF
PAGE FIVE - CITY �-.UNCIL MINUTES - MARCH 27, 1990
Commercial and C -P (Commercial Park) to R-3 (High Density
Residential), on a 6.042 acre parcel.
MOVED BY WASHBURN, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS
VOTE TO CONTINUE THIS ITEM TO APRIL 24, 1990.
General Plan Amendment 89-9; Zone Change 89-10; Tentative
Parcel Map 25106 and Commercial Project 89-6 _ Tomislav G
\ & Associates.
e proposed project consists of approximately seven (7) cr
land lying on the south side of Parkway Avenue, north id
\Lakeshore Drive, west side of 6th Avenue and east si of
7th \avenue .
MOVED BY %,?aSHBURN, SECONDED BY STARKEY AND CARRIED BY
VOTE TO COIVINUE THIS ITEM TO APRIL 24, 1990.
36. Zone Code,Amendment 89-3 - City initiated at theest of
De -leo Cla ;Tile Co.
A request ta,amend Section 17.66.030.6 of the P king
Ordinance to\allow manufacturing enterprises a eduction in
the parking requirements when thereis eviden a that fewer
parking spaces are needed than required by t e code. Approval
of the reduced Harking requirements wouldb subject to
Planning Commission review based on eviden a and associated
findings of justification. j
Associate Planner Restivo explained the
The City Council reported no written o
Mayor Winkler opened the`,public hea ing
those in favor of Zone Code Amendm nt 8
spoke. \
Mayor Winkler asked those in op
one, the public hearing was cl
Councilman Buck commented th t
addition to the existing Co e.
sted amendment.
s or protests.
at 7;20 p.m
9-3 to speak
ition to speak
at 7:20 p.m.
asking
No one
Hearing no
feels this is a positive
MOVED BY BUCK, SECONDED BY DO INGUEZ ANBD CARRIED BY UNANIMOUS VOTE
TO ADOPT NEGATIVE DECLARATIO,X NO. 89-35;\ ADOPT FINDINGS LISTED
BELOW AND ADOPT ORDINANCE X6. 884 APPROVING ZONE CODE AMENDMENT
89-3. \
Findings
1. This pro sal is consistent with the Goals, Policies
and Obj tives of the Land Use an Circulation
/Thisroposal
of the General Plan.
2. will not affect the he th, safety or
of the public.
3. posal is consistent with the in nt of the
Ordinance to provide adequate pa ing for all
al land uses.
ORDINANCE NO. 884
`AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAX
ELSINORE, CALIFORNIA, AMENDING SECTIONS 17.56.020,
17.60.020 AND SECTION 17.66.030.0 OF CHAPTERS 56, 6
66 OF TITLE 17 OF THE LAKE ELSINORE MUNICIPAL CODE,
PROVIDING FOR APPLICATIONS FOR DISCRETIONARY REDUCT
AGENDA .T. EM NC).
PAGE 1� G:
CITY OF LAKE ELSINORE
iu'�5i'uLil�\ualw
TO: HONORABLE MAYOR AND CITY COUNCIL
DATE: MARCH 27, 1990
SUBJECT: GENERAL PLAN AMENDMENT 89-14, ZONE CHANGE 89-14 AND
ANNEXATION NO. 52 - HOMESTEAD LAND DEVELOPMENT
GENERAL PLAN AMENDMENT 90-2 AND TENTATIVE TRACT MAP
24490 - JONES AND TOMICH
GENERAL PLAN AMENDMENT 89-15 AND ZONE CHANGE 89-17
- BROOKSTONE DEVELOPMENT; INC.
GENERAL PLAN AMENDMENT 90-1 AND ZONE CHANGE 90-2 -
PENTAGON DEVELOPMENT
GENERAL PLAN AMENDMENT 89-9, ZONE CHANGE 89-10,
SPECIFIC PLAN 87-1 REVISED, TENTATIVE PARCEL MAP
25106 AND COMMERCIAL PROJECT 89-3 - TOMISLAV GABRIC
AND ASSOCIATES
Prepared by: � �IApproved by:4DaveG
pproved by:
Gabrielle Restivo erman Ron Molendyk
Associate Planner . Dir. City Manager
Staff is recommending a continuance on the above referenced projects
to the April 24, 1990, City Council hearing due to the number of
projects scheduled for this meeting, March 27, 1990. Continuance of
these projects will allow staff time for better case presentation
and City Council a more appropriate agenda for public hearing items.
In addition, in accordance with State law, General Plan Amendments
may be processed only four times a year requiring a quarterly
General Plan cycle to be heard at one scheduled City Council public
hearing.
PAuE OF 61
Minutes of Planning Commission
March 7, 1990
Page 10
RAL PLAN AMENDEMENT 89-14; ZONE CHANGE 89-14; AND
52 CONTINUED
and adopt Resolution No. 90-5, entitled as
RESOLUTION 90-5
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
LAKE ELSINORE, CALIFORNIA RECOMMENDING AD PTION
0 GENERAL PLAN AMENDMENT 69-14TO THE D USE
EL ENT OF THE 1982 GENERAL PLAN ESTABLISH G THE
DES NATION OF 36 ACRES TO LOW DENSITY RE DENTIAL
(0-6 WELLING UNITS PER ACRE).
second by Cgmmis
Approved 5-0'
6. General Plan
Brookstone Deve
presented a Ge
"Environmental S
a master plann
from R-1 (Sing
Manufacturing),
Flint and Silver
Wilsey
Amendment 89-15 &
opment, Inc: - Plann
neral Plan Land Use
eh,sitive" to Limited
ed' industrial park;
le�amily Residenti�
for 15.29 acres off!
Stre ts. ,/
Chairman Brown opens,
anyone wished to speak
Mr. Steve Brown,
in favor.
Chairman Brown asked
favor. Receiving no
anyone wished to
response, Chairman Bro
the matter. Receivi
the public hearing at/
Zo Change 89-17 -
in Manager Thornhill
de ignation change from
I dustrial to allow for
o re -zone the property
1) to M-1 (Limited
the northeast corner of
e publ�c hearing at 9:02 asking if
favor,
aseii,�i g Brookstone Development spoke
if arrxone else wished to speak in
re onse�., Chairman Brown asked if
p k in\ opposition. Receiving no
asked ii�\\anyone wished to speak on
no response, Chairman Brown closed
:04 p.m. \
There being no d0cussion at the\ table, Chairman Brown
called for a motiory.
Motion by Commi loner Brinley to recom end to City Council
adoption of Ne tive Declaration 89-57 and approval of
General Plan endment 89-15 and Zone Cha ge 89-17 based on
the Findings 1 sted in the Staff Report and adopt Resolution
No. 90-8, entitled as follows:
RESOLUTION NO. 90-8
A RES UTION OF THE PLANNING COMMISSION OF T E CITY
OF E ELSINORE, CALIFORNIA RECOMMENDING AD PTION
OF ENERAL PLAN AMENDMENT 89-15 CHANGING THE LAND
US ELEMENT OF THE 1962 GENERAL PLAN OM
E IRONMENTAL SENSITIVE TO LIMITED INDUSTRIAL OR
.29 ACRES
send by Commissioner Wilsey x
Ap roved 5-0
7. General Plan Amendment 90-1 & Zone Change 90-2 = Pentagon
Development (Hunsaker and Associates) - Associate Planner
Naaseh presented a request to amend the General Plan Land
Use Map from Neighborhood Commercial to High Density
Residential on a 6.042 acre parcel, located at the southeast
corner of Grand Avenue and Macy Street. The applicant is
PAGE �� Gr
Minutes of Planning Commission
March 7, 1990
Page 11
GENERAL PLAN AMENDMENT 90-1 AND ZONE CHANGE 90-2
proposing to build a 132 unit apartment building on the
site.
Chairman Brown opened the public hearing at 9:10 asking if
anyone wished to speak in favor.
Mr. Bill Allen, representing Pentagon Development, spoke in
favor.
Chairman Brown asked if anyone. else wished to speak in
favor. Receiving no response; Chairman Brown asked if
anyone wished to speak in opposition.
The following persons expressed concerns on General Plan
Amendment 90-1 and Zone Change 90-2 as follows: density;
traffic circulation; crime in apartment complexes; parking;
busing; schools; property values; aesthetic values;
maintenance and upkeep of apartments tends to deteriorate
over the years; storage; and no stop sign.
Mr. Kevin Jeffries, 17666 Grand Avenue;
Ms. Judy Lippold, 33063 Macy Street;
Mr. Keith Banks,33075 Macy Street;
Ms. Martha Rusch, 33089 Macy Street;
Mr. Steve Fisher,. 15701 Shadow Mountain Lane;
Ms. Cathy Sloan, 33103 Macy Street;
Ms. Gary Rush, 33089 Macy Street;
Mr. John Cox, 15600 Half Moon Drive
Chairman Brown asked if anyone else 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 9:25
p.m.
Commissioner Brinley stated she was in agreement with the
homeowner's concerning the density; traffic circulation;
ingress/egress; parking; schools; police and fire. I am
concerned with this project at this density level.
Commissioner Wilsey commented on the number of concerned
citizens. Concurs with Commissioner Brinley.
Commissioner Gilenson concured with Commissioner Brinley and
Wilsey.
Commissioner Saathoff stated that if we allow it to be zoned
commercially we will have a more intense traffic problem
than if we allow high density. If we do allow the high
density we have a better opportunity to control the traffic
and the parking than we would with commercial. I would not
contemplate approving this number of units at this time. I
feel high density residential is the best way to go on this
piece of property.
Commissioner Saathoff yielded the floor to Ms. Lippold.
Ms. Lippold asked when you say "more in control" with regard
to commercial versus R-3 what do you specifically mean by
"control".
Commissioner Saathoff stated that we have little control on
the amount of traffic thats going to be generated by that
commercial entity. We would have better traffic control on
PAGE_ Or
Minutes of Planning Commission
March 7, 1990
Page 12
GENERAL PLAN AMENDMENT 90-1 AND ZONE CHANGE 90-2 CONTINUED
the numer of units to be developed on the project and far
superior control on parking.
Chairman Brown stated that if you study the land uses you'll
find that the existing zoning that is allowed there, will
generate ten times as many car trips than this high density
residential project.
Chairman Brown yielded the floor for questions from the
audience.
Mr. Keith Banks asked why does it have to be high density
residential, I don't understand.
Ms. Martha Rush stated that traffic is not there only
concern.
Mr. Bill Allen, Pentagon Development, gave a brief, overview
of the project.
Chairman Brown stated that a man has the right to develop
his project under what it is now, which is commercial.
Commercial will generate five to ten times more trips. I
would not support this great of density for an R-3 project.
On projects such as this, we take into consideration many
different factors such as parks, swimming pools, etc.
Motion by Commissioner Saathoff to recommend to City Council
adoption of Negative Declaration 90-4 and approval of
General Plan Amendment 90-1 and Zone Change 90-2, based on
the followings Findings listed in the Staff Report and adopt
Resolution No. 90-6, entitled as follows:
RESOLUTION 90-6
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF LAKE ELSINORE, CALIFORNIA RECOMMENDING ADOPTION
OF GENERAL PLAN AMENDMENT 90-1 TO THE LAND USE
ELEMENT OF THE 1982 GENERAL PLAN CHANGING THE LAND
USE DESIGNATION FROM NEIGHBORHOOD COMMERCIAL TO
HIGH DENSITY RESIDENTIAL ON A 6.042 ACRE PARCEL.
second by Chairman Brown
Vote: 2-3 (Commissioners Gilenson, Brinley and Wilsey
voting no). Motion failed to pass.
8. a Change 90-1 - MacLeod Development Company - Associa
P r Restivo presented a request to change the ing
-from(PUD) and R-3 (PUD) (Neighborhood Co ercial-
Planned Un Development) to R-1 (Single -Family esidential
District-Hill-sli,d,e Planned Development Ove y) for a 46
gross acre site. a proposal is to bri he zoning into
conformance with t General Plan esignation, which is
required under State Law, Govern Code Section 65860.
The proposed Zone Change is ed to, and on the same site
as approved Tract 19358 (R se and Residential Project
89-11. The above site ' located th of Grand Avenue, 865
feet east of Ortega ghway and 1,065 t west of Sangston
Drive.
Chairman own opened the public hearing at 9: asking if
anyone fished to speak in favor. Receiving no r onse,
Ch ' man Brown asked if anyone wished to spea in
position. Receiving no repsonse, Chairman Brown asked i
AGE;•; :TE ,l �. I
FyAG F _ O
PLANNING DIVISION
REPORT TO
PLANNING COMMISSION
Public Hearing
GPA 90-1
ZC 90-2
March 7, 1990
PREPARED BY: REVIEWED BY: ,+ PROVED BY �--
Saied Naaseh Aary ornhill Dave nderman
Assoc. Planner City Planner Comm rDev. Dir.
Pentagon Development
3905 Jamboree Blvd.
Newport Beach, California 92660
REQUESTED USE
APPLICANT
Hunsaker & Associates
3 Hughes
Irvine, California 92718
A request to change the General Plan Land Use Designation from
Neighborhood Commercial to High Density Residential and to change
the Zoning from Commercial Park (C -P) district and Neighborhood
Commercial (C-1) district to High Density Residential (R-3)
district.
SIZE AND LOCATION
6.043 acres of land located on the southeast corner of Macy Street
and Grand Avenue. Assessor's Parcel Number 381-360-020 and 023.
ENVIRONMENTAL SETTING
The proposed General Plan Amendment and Zone Change could result
in an condominium/apartment complex with a density of 12.1 to 20
dwelling units per acre for condominiums and 12.1 to 24 dwelling
units per acre for apartments. The applicant has filed for a
design review application proposing 132 apartment units (21.8
dwelling units per acre), with two (2) access points from Macy
Street and Grand Avenue. The Grand Avenue access will be limited
to right hand turns only. A comprehensive traffic study will be
done on the site along with the adjacent commercially zoned_
properties to determine the best traffic circulation design.
ANALYSIS
General Plan Amendment: The proposed General Plan Amendment (GPA)
AGENDA ITEP��.1��jj,,��O. �.�.�.,
PAGc_._ Orr .��
EXISTING LAND USE
ZONING
GENERAL PLAN
Project
Site - Vacant
C -P, C-1
Neighborhood
Commercial
North
- Residential
C-1
Tourist
and Commercial
Commercial
East
- Commercial
C-1
Neighborhood
Commercial
South
- Residential
R-1
Low Density
Residential
West
- Commercial and
County
Medium Density
Residential
Residential
PROJECT
DESCRIPTION
The proposed General Plan Amendment and Zone Change could result
in an condominium/apartment complex with a density of 12.1 to 20
dwelling units per acre for condominiums and 12.1 to 24 dwelling
units per acre for apartments. The applicant has filed for a
design review application proposing 132 apartment units (21.8
dwelling units per acre), with two (2) access points from Macy
Street and Grand Avenue. The Grand Avenue access will be limited
to right hand turns only. A comprehensive traffic study will be
done on the site along with the adjacent commercially zoned_
properties to determine the best traffic circulation design.
ANALYSIS
General Plan Amendment: The proposed General Plan Amendment (GPA)
AGENDA ITEP��.1��jj,,��O. �.�.�.,
PAGc_._ Orr .��
Public Hearing
GPA 90-1
ZC 90-2
March 7, 1990
Page 2
changes the Land Use Designation from Neighborhood Commercial to
High Density Residential (12.1 - 20 du/acre - Condominiums; 12.1 -
24 du/acre - Apartments) which is considered a less intense use.
The new proposed General Plan also designates this parcel as High
Density Residential which is more compatible with the surrounding
Single -Family Residential than a commercial use. Furthermore, the
G.P.A. discourages strip commercial development as it breaks a
2,000 foot stretch of commercially designated land uses along
Grand Avenue.
Zone Chancre: The proposed Zone Change converts the zoning from
Commercial Park District (C -P) and Neighborhood Commercial
District (C-1) to High Density Residential District (R-3). The
residential zoning is a more compatible zoning with the
surrounding single-family dwellings than the commercial zoning.
ENVIRONMENTAL
The project has been reviewed pursuant to
Quality Act and it has been found not
significant impact on the environment.
Declaration (90-4) has been recommended.
RECOMMENDATION
California Environmental
to have a potential
Therefore, a Negative
It is recommended that the Planning Commission recommend to City
Council adoption of Negative Declaration 90-4 and approval of
General Plan Amendment 90-1 and Zone Change 90-2, based on the
following findings. It is recommended that Planning Commission
adopt Resolution 90-6.
FINDINGS
General Plan Amendment 90-1
1. The proposed General Plan Amendment would establish a land use
more in keeping with the subject property's location, access,
and site characteristics.
2. The proposal will not result in any potential significant
impacts on the environment.
3. The proposed use is more compatible with the surrounding
residential land uses than a commercial use.
4. The proposal will serve to further the Goals, Policies, and
Objectives of the General Plan regarding the appropriateness
and placement of multi -family dwellings.
5. The proposal will permit reasonable development of the
property, with adequate future design review, consistent with
characteristics of the site and the adjacent properties.
Zone Change 90-1
1. The present C -P and C-1 Zoning is not consistent with General
Plan Amendment 90-1.
2. The proposed R-3 zoning is consistent with General Plan
Amendment 90-1.
3. The present C -P and C-1 zoning is not compatible with the
surrounding residential zone districts.
4. The proposed R-3 zoning is a more compatible zoning with the
surrounding residential zone districts.
At'IE-NDA ITEt'.4 NO. E.L.
PAGE OF C.6?
il:.l;LI
OFFICE USE ONLY JAN
Negative Declaration No.90-4 'Pj Bn.-
Project: R 90 -2 --GPA 90-1-- 90 -
CITY OF LAKE ELSINORE
ENVIRONMENTAL ASSESSMENT FORM
1. Developer or Project:
Contact Person: Bill Allen Pentagon Development
Address: am oree vSuite
City: ewport Beac Zip: 92660
Telephone Number: ( 714) 854-2575
2. Environmental Information Prepared by: Hunsaker & Associates
Address: 3 Hughes
City: rvine, Zip:
Telephone Number: (_214 )
3.
Proposed Project
Title: Pen
Location• Sou
onDevelopmen
t Multi -family si
..F rrn,,.l _ >act of MaCv
Total site acreage: Gross: 6.04 Net:
For Residential Project.
Number of units: 132
Dwelling units per acre: 21.8
Unit sizes (square feet): 0-1030
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.
EXISTING LAND USE ZONING GENERAL PLAN
Project Site - Vacant C -P, C-1 Neighborhood
Commercial
North - Residential C-1 Tourist
and Commercial Commercial
East - Commercial C-1 Neighborhood
Commercial
South - Residential R-1 Low Density
Residential
West - Commercial and County Medium Density
Residential Residential
AGy_N A 11 EM NO.
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AGENDA ITEM NO. 3 L�
PAGE Or�
FOR OFFICE USE ONLY
II.
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: � > PATE:�g 90
PLANNING DIRECTOR DATE:
AGENDA iTc,�i,'�vO. �i
PAGE23
3 OF BASS
1-23-86
YES MAYBE NO
I. MANDATORY FINDINGS OF SIGNIFICANCE:
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
X
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.
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: � > PATE:�g 90
PLANNING DIRECTOR DATE:
AGENDA iTc,�i,'�vO. �i
PAGE23
3 OF BASS
1-23-86
3.
5.
7.
ENVIRONMENTAL ASSESSMENT FORM
Proiect Description:
GPA 90-1 and ZC 90-2 request to change the General Plan Land
Use Designation from Neighborhood Commercial to High Density
Residential and to change the Zoning from Commercial Park
(C -P) district and Neighborhood Commercial (C-1) district to
High Density Residential (R-3) district.
Environmental Setting:
The site is generally flat except for the southerly boundary
that is a 2:1 slope. It is located on the southeast corner of
Grand Avenue and Macy Street. There are no known significant
vegetation and animal life on this site. Also, there are no
known historical and cultural concerns. The soil type is of
Hanford coarse sand loam with a low.. shrink swell potential.
Its run off is slow to medium and the hazard of erosion is
slight to moderate.
Environmental Impacts:
l.g. The site is located near a concealed Fault according to
City of Lake Elsinore Master Environmental Assessment
Map. A Geotechnical Report will be required regardless
of the type of Land Use Designation at the Design Review
stage to mitigate any significant impacts on the
environment, if any.
8.a, The General Plan Amendment and Zone Change will alter
b. the present Land Use Designation of the area from
Neighborhood Commercial to High Density Residential and
the Zoning from Commercial Park (C -P) and Neighborhood
Commercial (C-1) to High Density Residential (R-3). The
case planner does not feel that these changes would have
a significant impact on the environment.
11. The present Land Use Designation and Zoning do not
provide for human habitation. The proposed General Plan
Amendment and Zone Change will result in approximately
304 people to reside on the site which will not
significantly impact the environment.
13. A Traffic Study will determine and mitigate the traffic
impacts of the project at the Design Review stage. High
Density Residential developments have a smaller impact
on traffic circulation than retail commercial
developments
14.c. The project will generate approximately 103 students
based on the highest density allowed under the High
Density Residential Land Use Designation.
14.d. The project will generate approximately 302 residents;
however, it will be required to provide common and
private open spaces for its residents. Thus, it will
not have significant impact on recreational facilities.
AG=.. -r '. O. 31
PAGE � 0F.Ez
PROJECT
LEGEND
2 LOW DENSITY RESIDENTIAL
3 MEDIUM DENSITY RESIDENTIAL
5 NEIGHBORHOOD COMMERCIAL
7 GENERAL COMMERCIAL
11 SPECIFIC PLAN AREA
PENTAGON
DEVELOPMENT
ACG iti 4Trki N0.
_j t "� Z� g�
GENERAL PLAN DESIGNATION
P
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PROJECT SITE
C 9,3
LEGEND
• CITY ZONING:
R-1 SINGLE FAMILY DWELLING
R-3 HIGH DENSITY RESIDENTIAL
S%
C-1 NEIGHBORHOOD COMMERCIAL
yiy
C -P COMMERCIAL PARK
9<
SP SPECIFIC PLAN
,_ ; , .. _ —
• COUNTY OF RIVERSIDE ZONING:
R-3 GENERAL RESIENTIAL
C -P RESTRICTED COMMERCIAL
PENTAGON
J
DEVELOPMENT
ZONING DESIGNATION
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1.v PAGrE
P-4, L_/,
RESOLUTION NO. 90-6
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING ADOPTION OF GENERAL PLAN
AMENDMENT 90-1 TO THE LAND USE ELEMENT OF THE 1982 GENERAL
PLAN CHANGING THE LAND USE DESIGNATION FROM NEIGHBORHOOD
COMMERCIAL TO HIGH DENSITY RESIDENTIAL ON A 6.042 ACRE
PARCEL
The Planning Commission of the City of Lake Elsinore does
C resolve as follows:
Section 1. The Planning Commission hereby certifies that there
has been filed with the City of Lake Elsinore an application by
Pentagon Development for amendment to the 1982 General Plan Land Use
Element to change the land use designation from Neighborhood
Commercial to High Density Residential (12.1-20 dwelling units per
acre - condominiums; 12.1-24 dwelling units per acre - apartments) on
6.042 acres located at the southeast corner of Grand Avenue and Macy
Street; that due notice of said application has been given and public
hearing conducted thereon pursuant to State Planning and Zoning Law
and local ordinance;
Section 2. The Planning Commission hereby determines that:
1. The proposed General Plan Amendment would establish a land
use more in keeping with the subject property's location, access, and
site characteristics.
2. The proposal will not result in any potential significant
impacts on the environment.
3. The proposed use is more compatible with the surrounding
residential land uses than a commercial use.
4. The proposal will serve to further the Goals, Policies,
and Objectives of the General Plan regarding the appropriateness and
placement of multi -family dwellings.
5. The proposal will permit reasonable development of the
property, with adequate future design review, consistent with
characteristics of the site and the adjacent properties.
Section 3. The Planning Commission hereby recommends that the
City Council adopt General Plan Amendment 90-1 to amend the General
Plan Land Use Element from Neighborhood Commercial to High Density
Residential (12.1-20 dwelling units per acre - condominiums; 12.1-24
dwelling units per acre - apartments) based upon the findings
presented herein.
Section 4. The Secretary of the Planning Commission shall
certify to the adoption of this resolution and forward a copy to the
City Clerk for reference and consideration of the City Council.
Je f n, Chairman
Lake Elsieo a lanning Commission
I hereby certify that the preceding resolution was adopted by the
Planning Commission at a regular meeting thereof conducted on
March 7, 1990, by the following roll call vote:
AYES: COMMISSIONERS: Saathoff,
NOES: COMMISSIONERS: Gilenson,
ABSENT: COMMISSIONERS: None
ABSTENTION: COMMISSIONERS: None
Dave Gund`eri;fan, Secretary to
the Plan ng Commission
Brown
Brinley, Wilsey
AGENDA `TEM
PAGE OFff,
4
I.S. PROPn IES, INC.
°EVIIVED
?nne 15, 1990 JTJ 181990
voFrrC"M
Mr. Gary Washburn
Mayor, City of Lake Elsinore
130 South Main Street
Lake Elsinore, California 92330
Re: Request for approval of General Plan Amendment 90-1
and Zone Change 90-2 effecting property at Grand
Avenue and Macy
Dear Mr. Mayor and Councilmembers:
As a retail developer I have recently had an opportunity
to analyze the entire 12 plus acre site of which the
subject property is a part. My review and analysis lead
me to conclude that the Ortega Highway side of Lake
Elsinore does not now nor will it in the future have a
sufficient residential base to support a commercial
retail center of 128,000 square feet at Ortega and Grand.
I believe that between 40,000 and 60,000 square feet of
retail could be supported on the site. The most
desirable portion of the property for retail is that
portion closest to Ortega Highway.
Sincerely,
n
Bernie P. Svalstad
I.S. Management, Inc.
w
:5i1 IN ESTCLIFF DR., NEWPORT BEACH, CA 92660-5503 (7:4) 722-7662 FAX (714) 722-9924
..--.._.__,.._�-.-.i'.A'yS`._.^Clci:-".:_;'�.,.;-.—.�.._v.Ci•:=�:::_�z:�r_.,pgf`E AC1•.0 ��?�'��: �,':
AGENDA `E?11 N0. C
PAGE 30 GF ✓
t
MBFee
CONSULTV.93 16,
1990
PENTAGON DEVELOPMENT COMPANY, INC.
3501 Jamboree Blvd., South Tower, Ste. 604
Newport Beach, California 92660
RE: GPA 90-1, ZC 90-2 City
Grand Avenue and Macy
Public Hearing
Dear Mr. William Allen:
'On Pwh,vrml Trus Ow au Drwftp=4 ,acres
V
of Lake Elsinore, Located at
street, May 22, 1990 Scheduled
This letter, which you should receive both by FAX and U.S.
Mail, is sent to you to inform you of three important issues
which concern the above referenced project.
First, we would like to inform you that MANEE CONSULTING has
been retained by Mr. & Mrs. STORTI. We will represent the
Storti's at the hearing on May 22, 1990 and any subsequent
meetings thereafter.
Second, we have thoroghly gone over all aspects of this pro-
ject and no matter how you design, phase, or layout this
project, our CLIENT'S CAN NOT SUPPORT ITS APPROVAL.
Third, we respectfully decline any further attempts on your
behalf or those of you representatives to meet with us, IF
you have as an agenda item any additional attempts to change
our mind regarding R-3 uses. IF, HOWEVER_ YOU HAVE THE DE—
Thank you for your consideration and please understand that
this is not a personal matter, our CLIENTS Just can not sup-
port what they feel is a totally unacceptable use at this
critical location. Thank You again.
Sincerely, /
ALAN COSTANTINO MANEE
Principal
Copies to: City Council of Lake Elsinore, Planning Director
and Planning Staff, Mr. & Mrs. Storti, file.
Ccn5'!!cn!s ie: De,elocmen! • Prorecron • Humen Sefery • Lond Plemmng •Toxks • Economic Development • Tronsponotion
Fav 7741945.7±86 P n Rnv 13n5 y"Minn re 99199 . 112 South Mnin Street fake Elsinore. CA 92330. 7141674-6874
AGENDA iTENA, NO.
PACE OE'
LAKE ELSINORE HANG GLIDING ASSOCIATION
April 24, 1990
City Council
Latae Elsinore, CA 9237-0
Re. General Plan Amendment
Honorable Council Members:
On behalf of the Latae Elsinore Hang Gliding Association, I would
like to request your consideration for the inclusion of a perma-
nent hang gliding landing zone in the Amendment to the General
Plan of the City of Latae Elsinore. In this regards, we would
like to provide you with some background information.
Prot -1 em
Rapidly encroaching development is eliminating open space (and
consequently suitable landing areas) at an alarming rate in Lake
Elsinore and surrounding areas. Our traditional landing area at
the corner of Grand Avenue and Hwy. 74 is now less than 1/4 its
original size, and is suitable only for use by advanced pilots.
As a consequence, training of new pilots can no longer be con-
ducted at the site. Attempts by the L.E.H.G.A. to purchase or
lease private lands have been unsuccessful.
History
Hang gliding has been an important part of the recreation picture
in Latae Elsinore since the early 1970's. A number of hang glid-
ing "firsts" have taken place at Lake Elsinore, including the
first foot -launched flight of a hang glider by a woman. Past and
present world champion pilots train here in preparation for
international competition. The flying at Elsinore is renowned
world-wide, drawing pilots from all over the globe. As a result,
Lake Elsinore has become an international destination vacation
spot for hang gliding. The Elsinore valley area has the highest
concentration of resident hang glider pilots anywhere in the
J.S.A.
Micro -Meteorology
Although situated in a semi -desert area of Riverside County, the
same cool ocean breezes that allow wine growing in the Temecula
area create the unusual soaring conditions at Lake Elsinore.
1
AGENDA ITEM NO.
PAGE pr _,
Nearly every afternoon, the cool marine air pushes over the
mountains, colliding with the hot, dry desert air mass. This
collision, or thermal convergence, provides the "lift" for hang
gliders and sailplanes. No where else in the United States does
this type of convergence occur. In addition, our location near
the desert is conducive to long distance cross-country flights.
(The record distance for a flight originating from Lake Elsinore
is over 190 miles straight line.)
Flanninm Area
Due to the flight limitations of non -powered aircraft, a hang
gliding landing zone must be located within relatively close
proximity to the launch area. The area in question is situated
between Riverside Drive and Corydon Road to the north and south,
and from the base of the mountains on the west, to the
lakeshore/floodplain on the east.
Physical Requirements
In term=_ of space required, a landing zone should be approximate-
ly 10 acres, depending on the surrounding obstructions, i.e.
power lines, tall trees, etc. Since hang gliders must land
pointing into the wind, the prevailing wind direction must be
taL:en into account in regards to the layout. Frequently, a long
strip of land aligned with the prevailing wind is more suitable
than a square parcel. Hang gliding landing zones combine well
with other recreational land uses, so it is not necessary to
segregate hang gliding in a special, single -use park.
usa e
on any winter weekend, we see an average of 20 pilots fly at Lake
Elsinore. In the summer, this increases to more than 50 pilots
flying each weekend day. Hang glider manufacturers, including
Wills Wing, U.F. International, and Moyes Delta Products utilize
the consistent and reliable soaring at Lake Elsinore for research
and development as well as test flying new equipment. Flight
schools from all over Southern California have, in the past, used
the site for training new pilots. Unfortunately, construction in
the traditional landing zone has halted training use of the site.
Hang gliding clubs and schools from all over organize outings and
special trips to Lake Elsinore for their members.
Benefits
The benefits to Lake Elsinore of a permanent hang gliding landing
zone are many. Not only is hang gliding a part of the City's
heritage, but a source of sales for local business and subsequent
sales tax revenue. With a permanent site, Lake Elsinore could
become the host of an annual hang gliding festival, such as takes
place in Telluride, Colorado. This festival is one of their most
successful promotions according to the Telluride Chamber of
Commerce, and a lucrative revenue source for the city.
AGENDA ITEM NO3
PAGE 33 Gr!��7
Proposal
The Lake Elsinore Hang Gliding Association is attending hearings
for the proposed Riverside County Parks and Open Space District,
as well as the County Parks Advisory Committee. We would like to
request inclusion in meetings with the appropriate City agencies
and consultants to provide additional, in-depth information to
assist the City in assessing ways to ensure that we do not loose
our unique heritage of hang gliding at Lake Elsinore.
The L.E.H.G.A. may be reached at (714) 67B-5478, or by fax at
(714) 678-5425. Our mailing address is 33041 Walls Street, Lake
Elsinore, CA 52330.
Thank you for your consideration.
Sincerely,
Bever y 3urns
SecrEtary/Treasurer
LaF.as Elsinore Hang Gliding Association
3
AGENDA 1TE"r0 N;00 C
PAC« __.1_. G=
April 24, 1990
G H'ppW>RE i UQq�
� �C
3
Y19 wr/nE �`yj f
y o
� 9E2
y e
R
Eghi TgNAL PPPH
Dear Council Members,
UP International chose Lake Elsinore as the site for its
Hang Glider manufacturing facility because of it's proximity
to a suitable site for test flying each production glider.
UP International grossed $770,000.00 in sales in 1989 and
employs 12 to 20 people full-time.
The availability of a site such as is now available, the
launch in the Ortega Mountains and a landing area at the
base of the mountain south of Grand Avenue makes Lake
Elsinore an attractive site for manufacturing our product.
Without that site we will incur a substantial traveling
expense and possibly be forced to relocate.
Sincerely,
Mitchell McAleer
General Manager
UP International
U M i s WHERE IT'S onk, r!
UP INTERNATIONAL, 560-4 BIRCH STREET, LAKE ELSINORE. CA 92330 U.S.P. • (714) 674-7005 • FAX (714) 674-3071
AGENDA ITEM NO. __L
PAGE OF-!>R
Wills Wing
April 24, 1990
Lake Elsinore City Council
Lake Elsinore, California
Dear Council Members:
L� 1 L L - ;'4 1 PA ,-
1,,08 H. Emi SS'abwr .5 nw Ane, Cil 91701 Phone 710 507 J300 FAX 711 507 0972
I am w^ting to let you know of my concern for the future of Hang Gliding in the Lake Elsinore
area. The mountains to tine southwest of the lake contain several hang glider launch points Which
have been flown since 1973. The Elsinore hang gliding site is world famous for its exceptional
and consistent soaring, and attracts visiting pilots from all over the United States and from around
the World.
Wills Wing, Tnc.• is the largest manufacturer of hang gliders in the United States, turd as a matter
of quality control procedure we fly each production glider we manufacture prior to shipment. We
do a great deal of our production test flying at the Elsinore flying site. The loss of the use of this
site would seriously impact our business.
We would like to urge you to do whatever possible to set aside an area at the base of the
mountains, adjacent to Grand Avenue, for use as a hang glider landing area.
Thank you for your consideration.
�. ) , pjl�
Robert T. Kelis, Jr.
President
Wills Wing, Inc.
AGENDA I TM A N, 10.
PACE 3�0 OF 06
DESIGNATION OF AUTHORIZED AGENT
DATE: May 8, 1990
TO: Lake Elsinore City Council
IN THE MATTER OF: General Plan Amendment 90-1 and
Zone Change 90-2
Located in Lake Elsinore, California
We DECLARE that (I) (We) Jim and Helen Storti
owner(s) of property in
Lake Elsinore California. (project identified above.)
do hereby authorize and appoint ALAN MANEE AS (Piy) (our)
representative to bind 060) (us) in all matters concerning the
processing of this General Plan and Rezoning. (referenced
above). This appointment takes effect as of the date of (Riy)
(our) signature (s) below and shall remain in effect until
either party notifies you in writing to the contrary.
Jim Storti, PROJECT NEIGHBOR SIGNATURE _ DATE SIGNED
Helen Storti, PROJECT NEIGHBOR SIGNATURE DATE SIGNED
LAN MANEE
'S SIGNATURE
0
AGENDA H E?;A NO, —3-J.
PAGE fl OF K
DESIGNATION OF AUTHORIZED AGENT
DATE: May 8, 1990
TO: Lake Elsinore City Council
IN THE MATTER OF: General Plan Amendment 90-1 and
Zone Change 90-2
Located in Lake Elsinore, California
We DECLARE that (I) (We) Jim and Helen Storti
De owner(s) of property in
Lake Elsinore , California. (project identified above.)
do hereby authorize and appoint ALAN MANEE AS (OY) (our)
representative to bind (00) (us) in all matters concerning the
processing of this General Plan and Rezoning. (referenced
above). This appointment takes effect as of the date of (0j)
(our) signature (s) below and shall remain in effect until
either party notifies you in writing to the contrary.
Q
Helen S
ALAN MANEE AGENT'S SIGNATURE DATE SIGNED
AGENDA !TZrM to0.-1 _--
3Q,
PA --
G.c
YWe, the undersigned, are hereby in opposition to a request to change
the General Plan Land Use Designation of 6.043 acres of land located
on the southeast corner of Macy Street and Grand Avenue -- from
Neighborhood Commercial to High Density Residential. We are also
opposed to the zoning change from Commercial Park district and Neigh-
borhood commercial district to High Density Residential district. We
remain
in oppo-sition to these changes for the following reasons:
We believe the General Plan and Zoning in our area should
;reflect a gateway theme. R-3 zoning is not compatible with
this -theme.
We do not feel that this site requires an R-3 zoning, in
order that it be "compatible" to the surrounding single—
family dwellings.
Before any development becomes a feasibility, we need to know
how much traffic each type of project would generate. This can
be accomplished through the findings of a traffic study.
We believe excessive development so close to the lake will cause
a negative environmental impact through increased run off of
insecticides and organic material.
We believe that further study and alternative engineering
techniques could produce alternate access points which do not
utilize Macy Street. Macy has become a main artery for travel.
Its use cannot continue to be overextended. This would create
a serious safety hazard. Grand Avenue needs to be solely
considered.
We believe that R-3 zoning would negatively impact the census of
the two local school sites involved. Apartment projects of this
magnitude would cramp our school system which has already been
thrust into a'year round educational program.
We recommend that the General Plan and Zoning be revised to
insure the preservation of THE MOST BEAUTIFUL GATEWAY to our
valley and reflect the theme of the SO'S.....
"TAKE IT EASY AMERICA'
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PETITION AGAINST GENERAL PLAN AMENDMENT 90-1 do ZONE CHANCE 90-2
We"the residents of Lake Elsinore formally petition the Lake
Elsinore City Council and Planning Comission to deny the request to
amend,the 'General Plan Ar.,endment 90-1, and Zane Change 90-2 -
Pentagon Development/Hunsa}:er k Associates".
`=°'-'SIGNATURE PRINT NAME ADDRESS
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., ZONE CHANGE 90-2
PETITION AGAINST GENERAL PLAN AMENDMENT 90-1 k
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Elsinore City Council and Planning Comission to deny the request to
Change 90-2
amend
gone . General Development/n Amendmentnsaker 6; A90 and Zone
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PETITION AGAINST GENERAL PLAN AMENDMENT 90-1 & ZONE CHANCE 90-2
-.'We:the residents of Lake Elsinore formally petition the Lake
Elsinore City Council and Planning Comission to deny the request to
amend.the 'General Plan Amendment 90-1 and Zone Change 90-2 -
. Peritagon Development/Hunsaker & Associates".
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PETITION AGAINST GENERAL PLAN AMENDMENT 90-1 & ZONE CHANGE 90-2
we the residents of Lake Elsinore formally petition the Lake
Elsinore City Council and Planning Comission to deny the request to
'amend .the "General Plan Amendment 90-1. and Zone Change 90-2 -
Pentagon Development/Hunsaker & Associates
SIGNATURE PRINT NAME ADDRESS
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PAGE 33 OF•6E—
PETITION AGAINST GENERAL PLAN AMENDMENT 90-1 do ZONE CHANGE 90-2
We the residents of Lake Elsinore formally petition the Lake
Elsinore City Council and Planning Comission to deny the request to
amend the "General Plan Amendment 90-1 and Zone Change 90-2 -
Pentagon Development/Hunsaker & Associates".
SIGNATURE PRINT NAME ADDRESS
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P ETITION AGAINST GENERAL PLAN AMENDMENT 90-1 k ZONE CHANGE 90-2
We the residents of Lake Elsinore formally petition the Lake
Elsinore City Council and Planning Comission to deny the request to
amend .the 'General Plan Amendment 90-1 and Zone Change 90-2 -
Pentagon Development/Hunsaker k Associates",
ADDRESS
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PETI?ION AGAINST GENERAL PLAN AMENDMENT 90-1 k ZONE CHANGE 90-2
We the residents of Lake Elsinore formally petition the Lake
Elsinore City Council and Planning Comission to deny the request to
amend the "General Plan Amendment 90-1 and Zone Change 90-2 -
Pentagon Development/Hunsaker & Associates".
SICNATiJRR IDVYVT 1TAV!. .______
AGENDA ITEM NO. 3 1
PAGE- O Or
y
PETITION AGAINST GENERAL PLAN AMENDMENT 90 1 k ZONE CHANGE 90-2
We the residents of Lake Elsinore formally petition the Lake
Elsinore City Council and Planning Comission to deny the request to
amend the 'General Plan Amendment 90-1 and Zone Change 90-2
Pentagon Development/Hunsaker k Associates
SI NATURE PRINT NAME ADDRESS
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AGENDA ITEE����„//NO. —3
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AGENDA ITEE����„//NO. —3
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PETITION AGAINST GENERAL PLAN AMENDMENT 90-1 k ZONE CHANGE 90-2
we''the residents of Lake Elsinore formally petition the Lake
• Elsinore City Council and Planning Comission to deny the request to
amend.the 'General Plan Amendment 90-1. and Zone Change 90-2 -
Pentagon Development/Hunsaker k Associates".
SIGNATURE PRINT NAME ADDRESS
AGENDA ) c,i NO—
FAGS
\ �lOF�
: T
PETITION AGAINST GENERAL PLAN AMENDMENT 90-1 & 20NE CHANCE 90-2
We the residents of Lake Elsinore formally petition the Lake
-Elsinore City Council and Planning Comission to deny the request to
amend.the 'General Plan Amendment 90-1 and Zone Change 90-2 -
Pentagon. Development/Hunsaker & Associates"•
SIIf' RE j PRINT NAME.,ADDRESS
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PAG-cA OF
PETITION AGAINST GENERAL PLAN AMENDMENT 90-1 &. ZONE CHANCE 90-2
We the residents of Lake Elsinore formally petition the Lake
Elsinore City Council and Planning Comission to deny the request to
amend the 'General Plan Amendment. 90-1 and Zone Change 90-2
Pentagon Development/Hunsaker & Associates".
SIGNAT RE /PRINT/ NAME 11 // ADDRESS
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ION AGAINST GENERAL PLAN AMENDMENT 90-1 & ZONE CHANGE 90-2
we --,,the residents of Lake Elsinore formally petition the Lace
`-Elsinore City Council and Planning Comiand Z ne deny the request to
amend.the 'General Plan Amendment 90-1 and Zane Chang? 90-2
Pentagon Development/Hunsaker h Associates".
SIGNATURE
PRINT NAME ADDRESS
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>`PETITTON AGAINST GENERAL PLAIT AMENDMENT 90-1. k ZONE CHANCE 90-2
:;r;,',
4"N0 residents of Lake Elsinore formally petition the Lake
Isinore City Council and Planning Comission to deny the request to
mend•the 'General Plan Amendment 90-1 and Zone Change 90-2 -
e9tagon Development/Hunsaker & Associates".
<SIGNATURE� PRINT NAME ADDRESS
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--
I?ION AGAINST GEN! ,L PLAN AMENDMENT 90-1 k 2 E CHANGE 90-2
"`tCo':'ithe residents of Lake Elsinore formally petition the Lake
81Sinare City Council and Planning Comission to deny the request to
.amend ,the 'General Plan Amendment 90-1 and Zone Change 90-2
Pentagon Development/Hunsaker 14 Associates" -
ADDRESS PRINT NAME ADDRESS
1S%io
I'TION AGAINST GENERAL PLAN AMENDMENT 90-1 k ZONE CHANGE 90-2
,—Y7 S
679V6,
she residents of Lake Elsinore formally petition the Lake
3"nore' City Council and Planning Comission to deny the request to
nd,the "General Plan Amendment 90-1 and Zone Change 90-2 -
tagon Development/Hunsaker k Associates".
GNATURE PRINT NAME ADDRESS
G n _ .>
cam-
-2`rq
S•
(PETITION AGAINST GENERAL PLAN AMENDMENT 90-1 k ZONE CHANGE 90-2
'We"Ithe residents of Lake Elsinore formally petition the Lake
:.Elsinore' City Council and Planning Comission to deny the request to
amend,the "General Plan Amendment 90-1 and Zone Change 90-2 -
Pentagon Development/Hunsaker k Associates",
SIGNATURE
i ..'Gt/� � R•f1ZG4
PRINT NAME
ADDRESS
I SG g �(y F,ri✓/J /�vE. Sf';Oks-40EE1s
Seo /f�1.c°vL� AL3
AGENDA ITEM 'v0.
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AGENDA ITEM 'v0.
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April 11, 1990
Dear Editor,
I am a local resident in love with the beauty and history of Lake Elsinore.
I have lived here permanently for five years now -two before that on weekends
in a tent.
Along with many of my neighbors I migrated out from Orange County to find
a place where my family and I could regain a quality of life long lost in
the fast lane of D.C. The lake was our first attraction but we soon discovered
Ortega Highway and picnic areas, hiking, water falls, swimming holes...,
the swap meet, afternoons watching the ultralights, hang gliders, and sky
divers and riding my old Harley up to the Look Out.
Much to my dismay some of my favorite memories are fading quickly from lack
of stimulation on a regular basis. What happened to our wonderful swap meet?
This weekly event was always a must if not to buy or sell but to just to
hang out and listen to country music and have a beer. Where did the ultra -
lights go? The airport is just a token of its once rich history and activity.
One of our most unique natural resources other than the abandoned mineral
springs is the wind and hot air thermals along the Ortegas, which are occupied
by man and bird in beautiful harmony. The hang gliders I am referring to
have been our most effective ambassadors to the world. They have literally
put the word Elsinore in every developed country in the world, but we treat
our kangaroo rats better!! The hang gliders are now officially on the endangered
species list and about to loose their habitat to developers. I hope for
their sake a rat is found in their drop zone soon!
The point of this letter is that we have lost a lot already. The most beautiful
gateway to our community is next. The area around the Ortegas is under seige
by developers at the present time. Many of us use this last stretch of Ortega
Highway to remember why we live here and work in O.C.. Every recreational
magazine has made reference to this area and its beauty. The hang gliders
have made it a world class destination. I'm for saving it. If you agree
please attend the next city council meeting on the 24th of April. In the
meantime does anyone know where I can find'a kangaroo rat real quick!!
Dr. Lou Prijatel
Lake Elsinore, CA
k.G-,E N DA ; T E 31 _
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AGENDA ITEM P:Q.m
PAGE 0 / G- K
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March 23, 1990
Lake Elsinore, Ca.
PETITION TO THE CITY COUNCIL OF LAKE ELSINORE:
In the matter of General Plan Ammendments 90-1 and zone change 90-2 -
Hunsaker & Associates, we respectfully submitt the following petition.
My wife and I (both in our sixties) moved to Lake Elsinore May 28,1988.
We purchased our home, located at 15661 Half Moon Dr., on the assurance
of the builders, that zoning laws in effect would not permit construct-
ion of high density apartments. We petition the City Council to honor
that commitment and leave the current zoning law in effect.
We left (sold) our former home in Santa Ana because the environment
became intolerable. We worked, skimped and sacrificed for 27 years
to pay for that home. Our goal, our dream was to have our home paid
for and live in peace during our retirement years. Obviously not so,
since we now live in Lake Elsinore. What destroyed our dream?. First
came the unconscionable developers who ripped out the orange and lemon
groves that circled our home. Next, high density - high rise apartments
were constructed. Our once quiet.residential streets became commute
routes, filled with noise and traffic. Next, the investment companies
and real estate speculators bought up neighboring homes and turned them
into rental units. An already intolerable situation became worse. Sale
of drugs became common occurrences on our street. The whores brought
their customers and parked in front of our home to conduct their business.
The drunks from neighborhood parties used shrubbery, our lawn and on
occasion, the side of our home for a urinal. We went to sleep at night
with fear in our hearts. I slept with a loaded pistol under my pillow -
Gods truth!
Thus, we moved to Lake Elsinore. I have some 20 months to retirement.
We love our new home, we like the environment in Lake Elsinore and we
sleep peacefully at night (the pistol is locked away - no longer necessary).
Now, we are again threatend. Is there no place left in this country where
co
Immiittments are honored. If only one voice is raised in opposition to
the proposed zoning change it should be REJECTED. Our home is our savings.
Everything we could raise (including the -money our former home) is in-
vested in our new home in Lake Elsinore. This is our last stop! We have
no where else to go! We can not again cope with an environment like we
left in Santa Ana.
We are asking for nothing but justice. We ask that the proposed zoning
change be rejected. Please tell Hunsaker and Associates to take their
high density apartments some where else! We do not want them! We sincerely
hope you give our petition serious consideration. We pray that you will
honor the present zoning committments.
cr % Sincere y;
V/
Francis L. Retzlaff o e z f
15661 Half Moon Dr.
Lake Elsinore, Ca.,92330
678-1911
AGENDA ITEM NO. 3
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PAGE CEk
REPORT TO THE CITY COUNCIL/REDEVELOPMENT AGENCY
DATE: June 26, 1990
SUBJECT: Brighton/Alberhill Ranch Development
Agreement
PREPARED BY: /s/ Hardy M. Strozier APPROVED BY: /s/ Dave Gunderman
Hardy M. Strozier Dave Gunderman
The Planning Associa es Comm. Dev. Dir.
APPROVED BY: �—
Ron M4 endyk
City Manager
BACKGROUND:
This is a request to approve the Alberhill Ranch Development
Agreement - Brighton Homes, for a portion of the Alberhill
Ranch Specific Plan Area.
The Brighton/Alberhill Ranch Specific Plan Area is
approximately 980 acres in size and consists of 2,235
dwelling units. The Alberhill Ranch area is located in the
northwest portion of the City of Lake Elsinore and is
generally bounded by Lake Street to the north, Nichols road
to the south, Coal Road to the west and I-15 to the east.
The current Alberhill Ranch Specific Plan was adopted by the
Lake Elsinore City Council in 1989. An EIR was prepared to
address the environmental impacts related to implementation
of the Specific Plan and adopted by the City Council in 1989.
The are covered by the total Specific Plan consists of 1,853
acres and provides for 3,705 dwelling units, 254 acres of
commercial use and 531 acres of open space with an overall
density of 2.0 dwelling units per acre.
DISCUSSION•
The State of California permits local cities to enter into
Contracts with developers/builders in order to provide vested
rights or certainty that future developments will not be
changed or diminished by future City Council actions, such as
growth restrictions. Brighton Homes has requested such a
contract or Development Agreement from the City of Lake
Elsinore City Council.
The Brighton Homes development agreement vests two land use
plans; one without a golf course (the currently adopted 1989
Specific Plan) and one with an 18 hole golf course (requiring
a future Specific Plan Amendment). The development agreement
makes no requirements for Brighton to construct the golf
course. Such construction is totally within their
discretion. Staff has included incentives in the development
agreement for the golf course development including an
increased density (800 more units) and a waiver of a portion
of the park dedication requirements. The basic deal points
of the agreement are as follows:
A. Existing Specific Plan
1. Vested rights to 2,235 dwelling units and 2.7 million
square feet of commercial land use.
2. Public financing assistance in the form of a
Community Facilities District and Marks -Roos bond
pool.
(,AGENDA ITL,:
Fj; PAGE__�.0F_5_a_
June 26, 1990
Page 2
3. Development Agreement fee of $3,000 per unit for the
first five (5) years of this agreement; $4,000 per
unit from the fifth (5th) through the tenth (10th)
year; $5,000 per unit tenth (10th) year.
4. Turn key 15 acre combined park/school site park
development with opening of model complex.
5. $100,000 civic amphitheater/performing arts theatre
study.
6. Coordination with Lake Elsinore foundation on point
of sales tax.
7. 5% of total units will be affordable housing units.
8. 15 year development agreement term.
9. No restrictions on future City wide adopted
development impact fees.
10. Marks -Roos required.
B. Golf Course Amendment:
If the developer decides to amend the Specific Plan for a
golf course; the following additional deal points are
proposed:
1. Civic use of meeting room space in club house at no
cost to City.
2. 10% discount on green fees for City residents and
City employees.
3. 800 additional vested dwelling units.
4. Density increases on multi -family sites to 30
dwelling units per acre and permission to go up to
3 -story in height.
5. A commercial overlay of the multi -family areas to
permit additional commercial development.
6. 24 -acre park credit.
7. $2,000 per unit DAG fee. $2,000 per unit if nine (9)
holes of golf non -operational by fifth (5th) year.
$3,000 per unit if no course operational by tenth
(10th) year.
8. Marks -Roos required.
The Planning Commission approved the aforementioned
Development Agreement on March 14, 1990. All changes
requested by the Planning Commission have been included in
the attached draft Development Agreement.
RECOMMENDATION:
It is recommended that City Council adopt the attached
ordinance approving a Development Agreement with Alberhill
Ranch Associates.
AGENDA ITEI'."
PAGE
ORDINANCE NO. 890
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE APPROVING A
DEVELOPMENT AGREEMENT WITH ALBERHILL
RANCH ASSOCIATES.
WHEREAS, the Planning Commission of the City of Lake
Elsinore held a duly noticed public hearing on a proposed
Development Agreement between the City of Lake Elsinore and
Alberhill Ranch Associates on March 14, 1990, and found that
the Development Agreement is consistent with the City's
General Plan; and
WHEREAS, the City Council of the City of Lake Elsinore
held a duly noticed public hearing on the Development
Agreement on April 24, 1990, and found that (1) the
Development Agreement is consistent with the City's General
Plan and the Alberhill Ranch Specific Plan and (2) the
previously certified environmental impact report prepared for
the Alberhill Ranch Specific Plan is adequate and complete
for the Development Agreement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The Development Agreement between the City
of Lake Elsinore and Alberhill Ranch Associates, as set forth
in Exhibit A attached hereto, is hereby approved. The Mayor
is authorized to execute the Development Agreement and,
following such execution, the City Clerk shall cause a copy
thereof to be recorded with the Riverside County Recorder
within ten (10) days.
Section 2. The City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same to be
published in the manner required by law. This Ordinance
shall become effective upon the expiration of thirty (30)
days from and after its passage.
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 this day of
1990 upon the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTENTIONS: COUNCILMEMBERS:
Gary M. Washburn, Mayor
City of Lake Elsinore
AGENDA ITEM NO. 3 �1
'\ PAGE ) OF S3
ATTEST:
Vicki Lynne Kasad, City Clerk
City of Lake Elsinore
(SEAL)
APPROVED AS TO FORM AND LEGALITY:
John R. ape , City "Attorney
City of La a lsinore
AGENDA ITEM NO. 3),
� pAGE 3 OFS �
RECORDING REQUESTED BY _
AND WHEN RECORDED RETURN T0: +=t _•
City Clerk
City of Lake Elsinore
130 South Main Street
Lake Elsinore, California 92330
DEVELOPMENT AGREEMENT
BETWEEN THE
CITY OF LAKE ELSINORE
AND
BRIGHTON ALBERHILL ASSOCIATES
FOR ALBERHILL RANCH DEVELOPMENT
PAGF___—__OF-51—
E
TABLE OF CONTENTS
-i-
PAGE__0r-1---
Page
1.
PARTIES AND DATE . . . . . . . . . . . . . . . . .
1
2.
DEFINITIONS . . . . . . . . . . . . . . . . . . .
2
3.
RECITALS . . . . . . . . . . . . . . . . . . . . .
4
3.1 Legal authority. . . . . . . . . . . . . .
4
3.2 Consistency finding . . . . . . . . . . . . .
4
3.3 Status of project . . . . . . . . . . . . . .
5
3.4 Annexation to City .. . . . . . . . .
7
3.5 Entitlements and approvals . . . . . . . . .
7
3.6 Consideration . . . . . . . . . . . . . . . .
8
4.
PROPERTY COVERED . . . . . . . . . . . . . . . . .
12
5.
INTEREST OF CONTRACTING PARTY . . . . . . . . . .
12
6.
DURATION OF AGREEMENT . . . . . . . . . . . . . .
12
6.1 Scheduling . . . . . . . . . . . . . . .
12
6.2 Periodic review . . . . . . . . .
14
6.3 Certification of completion. . . . . . . . .
14
7.
AMENDMENTS . . . . . . . . . . . . . . . . . . . .
15
8.
PERMITTED USES OF PROPERTY. . . . . . . . . . . .
17
9.
VESTING OF RULES, REGULATIONS
AND OFFICIAL POLICIES . . . . . . . . . . . . . .
19
9.1 Effective standards. . . . . . . . . . . .
19
9.2 No conflicting enactments. . . . . . . . . .
20
9.3 Initiatives and moratoria. . . . . . . . . .
20
9.4 Subsequent changes in state or
federal laws . .21
9.5 Fees, conditions and dedications . . . . . .
22
(1) Filing and processing fees . . . . .
22
(2) Taxing power. . . . . . . .
24
(3) Commercial rent control or
office condominium conversion . .
24
(4) Future tentative maps, specific plan
amendments and development impact fees
24
9.6 Life of subdivision maps . . . . . . . . . .
25
10.
EFFECT OF AGREEMENT WHEN
RULES CHANGE . . . . . . . . . . . . . . . . . . .
25
11.
COOPERATION AND COVENANT OF
FURTHER ASSURANCES . . . . . . . . . . . . . . . .
25
-i-
PAGE__0r-1---
A ;; ,...... _ 3.2 _.
pAGE_ L__O"r5,3-
11.1 Third party actions . . . . .
. . . . . . .
25
11.2 Further assurances. . . . . .
. . . . . . .
26
•
11.3 Processing. ..
26
11.4 Other governmental permits.
29
11.5 Financing of public facilities
and/or
services.
. . . .
29
11.6 Utilities coordination.
. . .
30
11.7 Covenant of good faith and fair
dealing
31
12.
PERMITTED DELAYS. . . . . . . . . .
. . . . . . .
31
13.
ESTOPPEL CERTIFICATES . . . . . . .
. . . . . . .
31
14.
RECORDATION BY CITY CLERK . . . . .
. . . . . . .
32
15.
DEFAULT . . . . . . . . . . . . . .
. . . . . . .
32
15.1 Events of default . . . . . .
. . . . . . .
32
15.2 Remedies. . . . . . . . . . .
. . .
33
15.3 No waiver. . . .
. . . . . . .
33
15.4 Effect of termination . . . .
. . . . . . .
34
16.
ENFORCED DELAY AND EXTENSION OF
TIME OF PERFORMANCE . . . . . . . .
. . . . . . .
34
17.
APPLICABLE LAW. . . . . . . . . . .
. . . . . . .
35
18.
NO JOINT VENTURE OR PARTNERSHIP . .
. . . . . . .
35
19.
ADDRESSES FOR NOTICES . . . . . . .
. . . . . . .
35
20.
COVENANTS RUNNING WITH THE LAND . .
. . . . . . .
36
21.
EFFECT OF AGREEMENT . . . . . . .
. . . . . . . .
37
22.
CONSISTENCY OF FINDING. . . . . .
. . . . . . .
. 38
23.
TERMS OF CONSTRUCTION . . . . . .
. . . . . . .
. 38
23.1 Severability. . . . . . . . .
. . . . . . .
38
23.2 Entire agreement. . . . . . .
. . . . . . .
38
23.3 Signature pages . . . . . . .
. . . . . . .
39
23.4 Time. . . . . . . . . . . . .
. . . . . . .
39
24.
CONSENT OF OTHER PARTIES. . . . .
. . . . . . .
. 39
25.
ASSIGNMENT AND NOTICE . . . . . .
. . . . . . .
. 39
26.
ENCUMBRANCES AND RELEASES ON REAL
PROPERTY. . .
. 40
26.1 Discretion to encumber
.
. 40
26.2 Entitlement to written notice
of default .
. 41
26.3 Property subject to pro rata
claims. . . .
. 41
26.4 Releases . . . . . . . . . .
. . . . . . .
. 41
A ;; ,...... _ 3.2 _.
pAGE_ L__O"r5,3-
27. OPERATING MEMORANDA . . . . . . . . . . . . . . . 42
28. INSTITUTION OF LEGAL ACTION . . . . . . . . . . . 42
29. INSURANCE . . . . . . . . . . . . . . . . . . . . 43
29.1 Compensation insurance . . . . . . . . . . . 44
29.2 Public liability and property
damage insurance . . . . . . . . . . . . . . 44
AGENDA ITEM NO. -311_
PAGE__"�_OF S3
DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF LAKE ELSINORE
AND BRIGHTON ALBERHILL ASSOCIATES
FOR ALBERHILL RANCH DEVELOPMENT
1. PARTIES AND DATE
The parties to this Development Agreement ("Agreement") are
the City of Lake Elsinore, California, a municipal corporation
and political subdivision of the State of California ("City"),
and Brighton Alberhill Associates, a California general
partnership
("Developer").
The project
to which
this
Agreement
applies is
commonly known
as "Alberhill
Ranch."
This
Agreement
is made and entered into on
. 1990.
It is the intent of City and Developer that Developer secure
the entitlement to 2,235 residential dwelling units pursuant to
approved City of Lake Elsinore Specific Plan No. 89-2 in exchange
for payment of special fees in the amounts set forth in. this
Agreement and compliance with all other terms and conditions of
this Agreement.
It is the further intent of City and Developer that
Developer have the opportunity to secure an additional
entitlement, through a Specific Plan amendment, to 800 additional
attached or detached residential dwelling units in exchange for
construction of a golf course/clubhouse facility, payment of
special fees in the amounts set forth in this Agreement and
compliance with all other terms and conditions of this Agreement.
-1-
PAGE _OF _3__
2. DEFINITIONS
2.1 "Agreement" means this Development Agreement made and
entered into by and between the City of Lake Elsinore and
Brighton Alberhill Associates in accordance with applicable state
law and local regulations.
2.2 "CEQA" means the California Environmental Quality Act
of 1970 (California Public Resources Code Section 21000 et sec.)
and the State CEQA Guidelines (California Code of Regulations,
Title 14, Section 15000 et sec.).
2.3 "City" means the City of Lake Elsinore, including its
officials, officers, employees, commissions, committees and
boards.
2.4 "City Council" means the duly elected City Council of
the City of Lake Elsinore.
2.5 "Developer" means Brighton Alberhill Associates,
including its successors and assigns.
2.6 "Development" means the improvement of the Property for
the purposes of constructing and otherwise effecting the
structures, improvements and facilities comprising the Project as
set forth in this Agreement, including but not limited to
grading, the construction of infrastructure and public facilities
related to the Project (whether located within or outside the
Property), the construction of structures and buildings and the
installation of landscaping.
2.7 "Development Approval(s)" means site specific plans,
maps, permits, and other entitlements to use of every kind or
nature approved or granted by City in connection with the
-2-
AGENDA ITEM N0.
PAGE _0FA
development of the Property, including but not limited to general
plan amendments, specific plans and amendments thereto, EIRs,
negative declarations, categorical or statutory exemptions, site
plans, development plans, tentative and final subdivision tract
maps, vesting tentative maps, parcel maps, conditional and
special use permits, grading and building permits, and other
similar permits, maps, plans, authorizations, licenses and
entitlements.
2.8 "Effective Date" means the date this Agreement is
recorded with the Riverside County Recorder or the effective date
of the annexation of the Property to City, whichever occurs
later. The parties acknowledge that this Agreement shall not
become operative and enforceable until and unless such annexation
is completed.
2.9 "EIR" means an environmental impact report prepared in
accordance with the provisions of CEQA.
2.10 "Existing Development Approvals" means those
development approvals in effect on the Effective Date of this
Agreement with respect to the Property, including but not limited
to Specific Plan No. 89-2 (as adopted or as may thereafter be
amended from time to time upon application by Developer),
annexation of the Property to City, this Agreement and general
plan and zoning provisions.
2.11 "Existing Land Use Ordinances" means all those land use
ordinances, resolutions, policies, rules and regulations adopted
by City in effect on the Effective Date of this Agreement,
including but not limited to those which govern the permitted
-3-
AGENDA ITEM NO. -32
PAGE O_OF _ 3
uses of land, the density and intensity of use, subdivision
codes, fees and exactions, growth management, design improvement
and construction standards and specifications applicable to
development of the Property.
2.12 "LAFCO" means the Riverside County Local Agency
Formation Commission.
2.13 "Project" means the development project contemplated by
the Existing Development Approvals, including but not limited to
the land use plan encompassed by Specific Plan No. 89-2 as
reflected on Exhibit "A" attached hereto and incorporated herein
by this reference, with respect to the Property, consisting of
not more than and not less than 2,235 dwelling units and
2,722,500 square feet of commercial/industrial buildings,
including but not limited to all on-site and off-site
improvements, as such development project is further defined,
enhanced or modified pursuant to the provisions of this
Agreement.
2.14 "Property" means the real property which is the subject
of this Agreement and described in Section 4 below.
3. RECITALS
3.1 Legal authority. California Government Code Section
65864 et sem. authorize City to enter into development agreements
in connection with the development of real property within City.
This Agreement is made and entered into pursuant to those
provisions of state law.
3.2 Consistency finding. By approving and executing this
ME
AGENDA ITEM NO. '32,
PAGE__.UlOF S 3
Agreement, the City Council finds that its provisions are
consistent with City's General Plan, Specific Plan No. 89-2, and
all other applicable Existing Land Use Ordinances of City.
3.3 Status of project. Since November, 1987, various
property owners and developers have been in the process of
planning, financing and preparing for the Development commonly
known as the Alberhill Ranch, a large scale mixed use phased
Development of some 3705 dwellings on 1853 acres in the City of
Lake Elsinore more particularly described in City of Lake
Elsinore Specific Plan No. 89-2 and City of Lake Elsinore EIR No.
89-2. Additional land uses include commercial (neighborhood
commercial and highway and office commercial), schools, open
space and recreational uses, including two 5 -acre neighborhood
parks and one 30 -acre community park. Constructing the Alberhill
Ranch project pursuant to City's approved specific plan and
providing the mitigation set forth in EIR No. 89-2 will require
major investment by Developer in public facilities and onsite and
offsite improvements. The Development has been analyzed and
reviewed by City as part of its process of granting Development
Approvals in light of the enacted land use standards and policies
of City embodied in its Existing Land Use Ordinances and pursuant
to state law, including but not limited to CEQA. City and
Developer contemplate that there may be a future amendment to
Specific Plan No. 89-2 proposed by Developer, which City
encourages and supports, to establish an 18 -hole championship
public golf course, together with related facilities, including
but not limited to a championship clubhouse, within the
-5-
AGENDA ITEM N� OF-_
PAGE-- 12'
designated open space area. The precise nature and scope of the
golf course and clubhouse, including a phasing schedule therefor,
shall be detailed in any amendment to the Specific Plan. The
golf course and related facilties, to be operated by Developer or
its assignee, shall be open on a priority basis to members of the
public, including meetings of civic and community organizations
in the following manner: within the fourth quarter of each
calendar year, City and the golf course/clubhouse operator shall
meet and confer to establish a mutually agreeable priority use
schedule for use of civic and community activities to occur
during the following calendar year. Meeting room facilities
shall be made available at no fee to the City Council, City
Manager's office and City commissions, boards and committees not
less than two (2) days per calendar month. Residents of Lake
Elsinore and municipal employees shall be granted a 10% discount
on green fees. City shall be entitled to periodically review the
public nature of the golf course operation, including the
schedules for use of clubhouse facilities. Developer shall use
its best efforts to evaluate and apply for a golf
course/clubhouse Specific Plan amendment as discussed above and,
in the event the amendment is submitted and approved, City agrees
to permit the construction of 500 additional attached or detached
dwelling units on the Property (in excess of the 2,235 dwelling
units herein provided) at such locations as are indicated on the
Specific Plan amendment. In order to accomplish this golf
course/clubhouse Specific Plan amendment, the parties recognize
that a corresponding reduction in the amount of permanent passive
AGENDA ITEM NO. 32
PAGE ) 3 OF ,57 �
open space will be necessary. The parties acknowledge and agree
that the establishment of the above -discussed golf course and
civic and community use of the clubhouse meeting facilities shall
be deemed to satisfy any and all deficiencies in required park
and recreational lands and/or in -lieu fees pursuant to Specific
Plan No. 89-2. Shared civic use of clubhouse facility by City
shall run in perpetuity as consideration for in -lieu fee offset.
3.4 Annexation to City. On August 8, 1989, at a duly
noticed public hearing, the City Council adopted Resolution No.
89-35, which granted its consent to the initiation of annexation
proceedings pursuant to the Cortese -Knox Local Government
Reorganization Act of 1985 (Government Code Section 56000 et
sea.) for the real property encompassed by Specific Plan No. 89-
2. A landowner -initiated annexation petition was thereafter
filed with LAFCO. If the annexation of the Property is approved
by LAFCO, the matter will be submitted to the City for final
approval pursuant to Government Code Section 57002(b) or, if
notice and hearing are required, the matter will be set for
hearing by City at the earliest possible scheduled time
following LAFCO approval.
3.5 Entitlements and approvals. In contemplation of the
annexation of the Alberhill Ranch property, applications for
various Development Approvals have been submitted to City in
connection with the Development of the Alberhill Ranch project,
including but not limited to the following:
(1) Certification of a Final EIR on the Alberhill
Ranch project.
(2) Specific Plan No. 89-2 approval (which shall
constitute the applicable zoning for the Alberhill
-7-
AGENDA IT'c wi NO. 3 Z
PACE �_OF 3
Ranch project).
(3) General Plan amendment approval.
(4) Preannexation zoning approval (consistent with
Specific Plan No. 89-2).
(5) Approval of this Agreement (which includes a
finding of consistency with the General Plan).
(6) Annexation of the project site to City.
It is contemplated that as of the Effective Date of this
Agreement, all of the above Development Approvals will have been
granted or approved by City.
3.6 Consideration. City has determined that entry into
this Agreement will further City's goals and objectives of
becoming a major retail center and recreation and resort -oriented
community in the region. This Agreement will also further the
goals and objectives of City's land use planning policies by
eliminating uncertainty in planning for and securing orderly
Development of the Project so that adequate long-term plans
regarding the provision of necessary infrastructure for existing
and future City residents can be developed and implemented.
Further, the maximum effective utilization of resources within
City will be pursued at the least economic cost to its citizens.
City acknowledges that the Project is and shall be considered a
single, integrated development project, that each phase of the
Project is dependent upon the completion and occupancy of each
other phase, and that the viability of each phase of the Project
is and shall be dependent upon the completion and occupancy of
each other phase and the full performance of this Agreement. The
benefits conferred by Developer herein will facilitate the
MM
AGENDA ITEM NO. � 2
PAGE �GF_
installation of certain public improvements and will help
increase traffic capacity for the road system of City, both of
which will promote the health, safety and general welfare of
existing and future City residents. In exchange for these
benefits to City and its residents, Developer wishes to receive
the assurances permitted by state law that Developer may proceed
to develop the Project in accordance with Existing Land Use
ordinances, and its existing financial and contractual
commitments, and at a rate of Development of its choosing,
subject to the terms and conditions contained in this Agreement.
The assurances provided by City and Developer to each other
herein are provided pursuant to and as contemplated by statute,
bargained and in consideration for the undertakings of the
parties, and are intended to be and have been relied upon by the
parties to their detriment.
City and Developer agree that the following amenities and
improvements being provided by Developer as part of the planning,
financing and construction of the Alberhill Ranch project will
result in substantial general public benefit:
a. As part of the Development of the Alberhill Ranch
project, Developer will provide a substantial amount of permanent
passive and active open space, including the golf course and
related facilities referenced in Section 3.3 above, in accordance
with the applicable provisions of the Specific Plan as reflected
in Exhibit "A" attached hereto. Developer agrees to provide as a
turn key project the combined 15 -acre elementary school site/park
for park purposes only in conjunction with the first phase of the
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AVC.wH i i C.
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PAGE_J_�_0F 5
Project, and operational concurrent with opening of project's
Phase I model complex. The school site portion, consisting of
approximately 10 acres, shall be graded, hydroseeded and
irrigated by Developer, who shall also install soccer and
baseball fields in accordance with City standards for such
facilities. City acknowledges that Developer intends to convey
the school site to the appropriate school district, and City
further acknowledges that the future availability of the school
site for City use after the conveyance shall be subject to mutual
agreement of City and the school district.
b. The Development of the commercial portion of the
Alberhill Ranch project will produce new jobs and a positive
fiscal impact. The commencement of commercial development is
conditioned on the availability of utility services and the
assurances that the Project may proceed to its conclusion
pursuant to the terms and conditions of this Agreement.
C. Developer will design and construct a waste water
treatment plant with capacity greater than that required just for
the Alberhill Ranch project.
d. Developer will design and construct a water
distribution system including storage capacity in excess of that
required just for the Alberhill Ranch project.
e. Developer will design and construct improvements to the
circulation system located within the boundaries of Specific Plan
No. 89-2, including half -width improvements for Lake Street,
Nichols Road and Coal Road. These improvements will provide
street capacity in excess of needs generated by the Alberhill
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AGER,A- ITEM P!o. ..32
P.40[ ) -7-0=
Ranch project. The parties acknowledge that additional in -tract
and off -tract improvements and associated fees may be required in
connection with the subdivision review process occurring in the
future; provided, however, such improvements and fees must be
expressly authorized by state and local laws and must bear a
direct and reasonable relationship in fact to needs, impacts and
burdens proximately created by the proposed subdivision.
f. Within one (1) month after the Effective Date of this
Agreement, Developer agrees to pay the sum of $100,000.00 to City
for the purpose of preparing a report to study the needs
assessment, economic feasibility and evaluation of potential
sites for a possible mixed use cultural/performing arts center,
including enclosed theater and open air amphitheater facilities.
In the event the actual cost of the report does not exceed
$100,000.00, City shall refund the remaining difference to
Developer. The consideration to Developer for the provision
of these special amenities which are not otherwise legally
required of Developer is the consummation of this Agreement by
City.
g. In consideration for City's entering into this
Agreement and the uses permitted herein, Developer agrees to
support the annexation to City and further agrees that it will
comply with all the conditions of approval during the time this
Agreement is in full force and effect. The parties acknowledge
that this Agreement by City is a material consideration for
Developer's acceptance of the conditions of approval as
specifically set forth herein.
AGENDA ITEM NO.
PAGE OF S�
h. Developer shall cooperate to the extent feasible to
work with City and the Lake Elsinore Foundation to keep the point
of sales tax within the city.
i. Developer shall pay to City substantial Development
Agreement Fees, as set forth in Section 9.5(1) below for
municipal capital facilities and improvements and municipal
public services.
4. PROPERTY COVERED
The portion of the Alberhill Ranch property covered by this
Agreement is described in Exhibit "A" attached hereto and
incorporated herein by this reference.
5. INTEREST OF CONTRACTING PARTY
Developer has a legal and equitable interest in the real
property subject to this Agreement and described above in Section
4.
6. DURATION OF AGREEMENT
6.1 Scheduling. Pursuant to Government Code Section
65865.2, the duration of this Agreement shall be for fifteen
(15) calendar years from and after the effective date hereof.
Construction of the Project covered by this Agreement will be
diligently undertaken following receipt of requisite Development
Approvals from City. City and Developer acknowledge that
Developer cannot at this time accurately predict the time
schedule within which the Project will be developed, except that
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ACF': DA ITELIM faD._32
PACc—L�_O`S,3
it will be completed within the aforesaid fifteen (15) year
period. Such decisions with respect to the rate of Development
of the Project will depend upon a number of circumstances not
within the control of Developer, including market factors,
demand, the state of the economy, and other matters. Therefore,
so long as the Project is constructed in a manner consistent with
City's Existing Land Use Ordinances and Existing Development
Approvals and this Agreement, Developer shall have the right to
construct the Project at the rate and in the sequence deemed
appropriate by Developer within the exercise of its sound
business judgment; provided, however, that Developer shall have
the vested right to construct a minimum of 745 dwelling units
(the "Residential Construction Minimum") and 907,500 square feet
of commercial/industrial buildings (the "Commercial/Industrial
Construction Minimum") per year on the Property, subject to
increase as hereinafter set forth. The Residential Construction
Minimum and the Commercial/Industrial Construction Minimum shall
be increased each year by the number of dwelling units or amount
of scuare feet, respectively, equal to any difference between the
Residential Construction Minimum and the Commercial/Industrial
Construction Minimum for previous years during the term of this
Agreement, less the actual number of dwelling units or square
footage of Development constructed in such previous years. It is
Developer's present reasonable expectation that Development of
the Project will be completed within the term of this Agreement.
For purposes of this Agreement, completion of the Project shall
mean the date on which a certificate of occupancy or comparable
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ACEI1DA NEPA NO. 3 2
PACE a0 OF 3
instrument is issued for the last improvement or structure
constructed pursuant to this Agreement. Following the expiration
of the aforesaid fifteen (15) year term, this Agreement shall be
deemed terminated and of no further force and effect; provided,
however, that such termination shall not affect any right of
Developer arising from City entitlements for the Project which
were approved prior to, concurrently with or subsequent to the
approval of this Agreement.
6.2 Periodic review. City shall, in accordance with
applicable state law, review this Agreement at least once every
twelve (12) months from and after the Effective Date hereof.
During each such periodic review, City and Developer shall have
the duty to demonstrate their good faith compliance with the
terms and conditions of this Agreement. Both parties agree to
furnish such evidence of good faith compliance as may be
reasonably necessary or required. City's failure to review at
least annually Developer's compliance with this Agreement shall
not constitute or be asserted by either party as a breach of the
other party.
6.3 Certification of completion. Promptly upon completion
of the Project, City shall provide Developer with an instrument
so certifying. This certification shall be a conclusive
determination that the obligation of Developer under this
Agreement has been met. The certification shall be in such form
as will enable it to be recorded in the Official Records of
Riverside County, California.
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AGENDA ITEM N0. 32.
PAGEOF,5 -2)
7. AMENDMENTS
Except as otherwise provided herein, this Agreement may be
amended in whole or in part only by mutual written consent of the
parties and in the manner provided by Government Code Section
65868. Any minor deviation from this Agreement, as discussed
below, does not require an amendment to this Agreement.
Upon the written request of Developer for a minor amendment
or modification to Specific Plan No. 89-2, including but not
limited to the location of buildings, streets and roadways and
other physical facilities, or the configuration of the parcels,
lots or development areas set forth in the Specific Plan or the
subdivision maps, City's Community Development Director or
his/her designee shall determine whether the requested amendment
or modification is consistent with this Agreement, the City's
General Plan, Specific Plan No. 89-2 and applicable provisions of
City's zoning and subdivision ordinances in effect as of the
Effective Date of this Agreement. For purposes of this
Agreement, the determination whether such amendment or
modification is minor shall depend upon whether the amendment or
modification is minor in the context of the overall Alberhill
Ranch project. If the Community Development Director or his/her
designee finds that the proposed amendment is both minor and
consistent with this agreement, City's General Plan, Specific
Plan No. 89-2, and applicable provisions of City's zoning and
subdivision ordinances, the Community Development Director or
his/her designee may approve the proposed amendment without
notice and public hearing. For purposes of this Agreement and
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AGENDA 1TEA1 NO.
PAGE _J, __!Z3
notwithstanding any City ordinance or resolution to the contrary,
lot line adjustments, or building construction or remodeling
projects confinec within the exterior perimeter of the building
footprints shall be deemed minor amendments or modifications.
Such amendments or modifications approved pursuant to this
section shall not constitute subsequent discretionary approvals
subject to further CEQA review or determination. In the event
that Developer's request for a minor amendment or modification is
denied by the Community Development Director or his/her designee,
Developer shall have the right to appeal such determination to
the Planning Commission, and thereafter to the City Council if
necessary, in accordance with the City's applicable appeal
procedures.
Upon the approval of any minor amendment or modification as
provided above in this section, City shall provide Developer with
an instrument so certifying. The certification shall be in such
form as will enable it to be recorded in the Official Records of
Riverside County, California.
Except as provided above in this section, the amendment or
modification of Specific Plan No. 89-2 shall be subject to the
applicable substantive and procedural provisions of City's
zoning, subdivision and other applicable land use ordinances in
effect (1) on the date of the request for the amendment or
modification as to changes relating to the permitted uses of the
Property and the density and intensity of use, and (2) on the
Effective Date of this Agreement as to all other amendments or
modifications.
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AGENDA ITEM ND. 3
PAGE�_OP_ 2�Z
8. PERMITTED USES OF PROPERTY
The permitted uses of the Property, the density and
intensity of use, the maximum height, bulk and size of the
proposed buildings on the property, the design standards for such
construction, and provisions for reservation or dedication of
land for public purposes are all set forth in Specific Plan No.
89-2 and are incorporated herein by this reference. They are the
uses of the Property covered by this Agreement which are
specifically permitted by this Agreement and City is bound to
permit those uses on the Property. City agrees to grant and
implement Development Approvals for the Project and to grant
other land use and construction approvals, subject to the
applicable review and conditioning process, including but not
limited to grading permits, building permits, subdivision maps,
lot line adjustments, use permits, variances and certificates of
occupancy reasonably necessary or desirable to accomplish the
goals, objectives, policies and plans shown and described in the
Specific Plan No. 89-2 and this Agreement. It is expressly
understood that Developer shall have a vested right and be
entitled to construct 2,235 dwelling units and an additional 500
dwelling units in the event of a Specific Plan amendment for a
golf course as referenced above in Section 3.3, and approximately
47 acres of Neighborhood Commercial and Highway and Office
Commercial uses consisting of 2,722,500 square feet of buildings.
Multi -family uses may overlay the commercial zones, and
commercial uses may overlay the multi -family zones, but in no
event shall the total number of dwelling units exceed 2,735.
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AGEtdDA ITEM N0. 3 2
pAGE_;L�—OE-5 3 —
Multi -family density may be up to thirty (30) dwelling units per
acre and be constructed up to three (3) stories subject to design
review, in accordance with the criteria set forth in the Specific
Plan or as may be subsequently amended.
Developer will provide its fair share of affordable housing
within the multi -family zones of the Specific Plan. If area
within the multi -family zones prove deficient, areas with
Commercial zones shall be utilized. The total number of
affordable units in the low and very low income ranges, as
determined by the County of Riverside median average, shall be
equal to 5% of the total number of residential dwelling units
actually constructed by Developer. The affordable mix between
low and very low income ranges shall be based on the current
Housing Element standards. The affordable housing shall begin
construction upon the completion of 50% of the Specific Plan's
total units and shall be completed upon the completion of 75% of
the Specific Plan's total units based on the estimated build -out.
City will assist Developer in providing its fair share of
affordable housing by providing access to available redevelopment
set aside funds. Other economic incentives such as bond
assistance, reduction of development standards, etc., may also be
offered at the discretion of City. Developer will be responsible
for implementing changes that from time to time may occur to
City's Housing Element, where such changes occur on a city-wide
equitable basis. The affordable units shall remain in the
affordable categories as long as City maintains a regional
affordable housing requirement.
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AGENDA ! i Eius Zw0-
PAGE��OF_
City further agrees to grant and implement subsequent
Development Approvals for the Project related to building
construction or remodeling confined within the exterior perimeter
of the building footprints identified on Specific Plan No. 89-2.
Any such building construction or remodeling shall be subject to
the maximum height and exterior architectural design
specifications set forth in Specific Plan No. 89-2.
The aforementioned subsequent discretionary approvals shall
be granted and approved by City on a timely basis, provided
applications for such approvals are submitted to City during the
term of this Agreement. Developer's failure to develop the
Project shall not result in any liability for Developer except as
is provided in this Agreement.
Notwithstanding any provision herein to the contrary, City
agrees that Developer shall have the right to commence grading
the Property at any time after the effective date of this
Agreement (subject to securing a grading permit), and that
permits will not be denied based on season or date provided that
Developer agrees to comply with all required precautions, to use
due care in grading activities and to take reasonable steps to
prevent erosion, slippage or dangerous runoff conditions.
9. VESTING OF RULES, REGULATIONS AND OFFICIAL POLICIES
9.1 Effective standards. Except as otherwise provided in
this Agreement, the written rules, regulations, official policies
and conditions of approval (as adopted by ordinance, resolution,
minute order or other such official method) governing permitted
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PAGE " OF --T-,3-
uses for the Project, development, density and intensity of use,
design, improvement, construction and building standards,
occupancy and specifications applicable to the Project, and all
on-site and off-site improvements and appurtenances in connection
therewith, including without limitation the conditions of
approval shall be those rules, regulations and official policies
in force upon the Effective Date of this Agreement which are not
inconsistent with Specific Plan No. 89-2.
9.2 No conflicting enactments. Neither City nor any agency
of City shall enact an ordinance, resolution or other measure
which relates to the rate, timing or sequencing of the
Development or to the construction of the Project on all or any
part of the Property, including but not limited to the
development standards therefor, which is in conflict with this
Agreement.
9.3 Initiatives and moratoria. In the event an ordinance,
resolution or other measure is enacted, whether by action of
City, by initiative, referendum or otherwise which relates to the
rate, timing or sequencing of the Development or construction of
the Project on all or any part of the Property, City agrees that
such ordinance, resolution or other measure shall not apply to
the Project, the Property, or the Existing Development Approvals
to the extent that such ordinance, resolution or other measure is
in conflict with this Agreement. Without limiting the foregoing,
City agrees that no moratorium or other limitation (whether or
not relating to the rate, timing or sequencing of Development)
affecting subdivision maps, building permits or other
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AGEiID,.'sI=i lei �
pAGE_�OF .)3
entitlements to use which are approved or to be approved, issued
or granted within City, or portions of City, shall apply to the
Project, the Property or the Existing Development Approvals to
the extent it is in conflict with this Agreement. To the maximum
extent permitted by law, City agrees to use its best efforts to
prevent any such ordinance, measure, moratorium or other
limitation from invalidating or prevailing over all or any part
of this Agreement, and City agrees to cooperate with Developer in
a reasonable manner in order to keep this Agreement in full force
and effect. City shall not support or adopt any initiative,
referendum, moratorium, ordinance, policy or take any other
action (including but not limited to the delay or stoppage of the
development, processing or construction of the proposed project)
which would violate the intent of this Agreement. Developer
reserves the right to challenge any such ordinance or other
measure in a court of law should it become necessary to protect
the development rights vested in the Project and the Property
pursuant to this Agreement.
9.4 Subsequent changes in state or federal laws. This
Agreement shall not preclude the application to the Project of
any state or federal laws or regulations enacted after the
Effective Date of this Agreement which prevent or preclude
compliance with one or more provisions of this Agreement pursuant
to Government Code Section 65869.5. In the event such changes in
state or federal law prevent or preclude compliance with one or
more provisions of this Agreement, City and Developer shall take
such action as may be required pursuant to this Section 9 and
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ACENnIA IEi7 "JC- _.
PAGE %Z of .—,5�
Section 11 of this Agreement.
9.5 Fees conditions and dedications. Developer shall make
only those dedications and pay only those fees expressly
prescribed in this Agreement, the Existing Development Approvals,
and subsequent Development Approvals, provided that such
dedications and fees are imposed on a city-wide basis.
(1) Filing and processing fees. The filing and
processing fees for all Development Approvals for the Project
charged by City shall be those fees which are in force and effect
on a city-wide basis at such time building permits are issued.
In addition, Developer agrees to pay a special fee ("Development
Agreement Fee") for each residential dwelling unit at the time of
building permit issuance for municipal capital facilities and
improvements and municipal public services, including but not
limited to a civic center, police stations, fire stations,
libraries, cultural facilities, senior citizen facilities,
recreational facilities and corporate yards, in the following
manner:
(a) For the Project as approved by Specific Plan No.
89-2 and reflected on Exhibit "A" attached hereto, Developer
agrees to pay a fee of $3,000 per unit at the time of building
permit issuance during the period from the Effective Date of this
Agreement to the fifth anniversary date thereof; a fee of $4,000
per unit at the time of building permit issuance during the
period from the fifth anniversary date of the Effective Date of
this Agreement to the tenth anniversary date thereof; and a fee
of $5,000 per unit at the time of building permit issuance during
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AGENDA FOA NO. 3 '�
PAGE R CF,5
the period from the tenth anniversary date of the Effective Date
of this Agreement to the expiration date hereof.
(b) For the Project as may be amended by a future
amendment to Specific Plan No. 89-2 providing for a golf course
and related facilities as described in Section 3.3 above,
Developer agrees to pay a fee of $1,000 per unit at the time of
building permit issuance during the term of this Agreement;
provided, however, that at least 9 holes of the golf course are
operational and open to public play by the fifth anniversary date
of the Effective Date of this Agreement and that the remaining 9
holes and clubhouse are operational and open to public play/use
by the seventh anniversary date of the Effective Date of this
Agreement. If either (i) 9 holes of the golf course are not
operational and open to public play by the fifth anniversary date
of the Effective Date of this Agreement or (ii) the remaining 9
holes of the golf course and the clubhouse are not operational
and open to public play/use by the seventh anniversary date of
the Effective Date of this Agreement, then the fee shall be
$2,000 per unit at the time of building permit issuance for each
permit not yet issued for the remaining term of the Agreement
following the fifth or seventh anniversary dates, respectively,
provided that the entire 18 -hole golf course and clubhouse are
operational and open to public play/use by the tenth anniversary
date of the Effective Date of this Agreement. If the entire 18 -
hole golf course and clubhouse are not operational and open to
public play/use by the tenth anniversary date of the Effective
Date of this Agreement, then the fee shall be $3,000 per unit at
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AGuxp k1tEM NO. J2
pAGE__� () OF53
the time of building permit issuance for each such permit not yet
issued for the remaining term of the Agreement.
City agrees to provide Developer with a periodic accounting,
or upon reasonable request by Developer, setting forth the amount
of Development Agreement Fees levied and collected by City and
the specific purposes and/or projects for which such fees are
expended. City agrees in good faith to use its best efforts to
locate certain new municipal capital facilities and improvements
on the Property in consultation with and with the consent of
Developer.
(2) Taxing power. Nothing in this Agreement shall
prohibit the adoption and application of a special tax approved
by City's voters, provided that such tax is imposed on a city-
wide basis.
(3) Commercial rent control or office condominium
conversion. During the term of this Agreement, City shall not
impose or enact any ordinance, regulation, fee or condition which
directly or indirectly controls or otherwise restricts market
forces on commercial or residential rents charged within the
Property, or applies directly or indirectly to the conversion of
office or residential rental units to condominiums within the
Property.
(4) Future tentative maps specific plan amendments
and development impact fees. Developer will be subject to
conditions as a result of tentative map review or specific plan
amendments and to any development impact fees that may be adopted
by City on a city-wide basis.
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AGEMDr, tTC: , %0.._
PAGE— I_L_ E
9.6 Life of subdivision maps. Pursuant to Government Code
Section 66452.6(a), the term of any subdivision maps approved for
the Project shall be extended for the term of this Agreement.
10. EFFECT OF AGREEMENT WHEN RULES CHANGE
City's rules and regulations governing permitted uses of the
Property, its density of development, and its design, improvement
and construction standards are those rules and regulation in
force at the Effective Date of this Agreement. However, this
Agreement does not prevent City in subsequent actions generally
applicable to the Property and other similarly situated real
property within City from enacting and imposing changes in City's
uniform building, plumbing, mechanical, electrical and fire
codes, providing said changes are (1) necessary to protect the
public health and safety and (2) not in conflict with the rights
conferred by this Agreement.
11. COOPERATION AND COVENANT OF FURTHER ASSURANCES
11.1 Third party actions. Developer and City shall
cooperate in defending any action or proceeding instituted by any
third party challenging the validity of any provision of this
Agreement or any action taken or decision made hereunder.
Developer agrees to assume the lead role in the defense of any
such action or proceeding so as to minimize litigation expenses
incurred by City. In addition, any court action or proceeding
brought by any third party to challenge this Agreement or any
other permit or approval required from City or any other
-25-
AGENDA ITEM PIC,. 32
PAGESc
OE
governmental entity for Development or construction of all or any
portion of the Project covered by this Agreement shall constitute
a permitted delay under Section 12. Notwithstanding the
foregoing, the filing of any third party litigation against City
and/or Developer relating to this Agreement or any provision
thereof shall not be a reason to delay or stop the Development,
processing or construction of the Project (including but not
limited to the issuance of building permits or certificates of
occupancy) unless the third party obtains a court order
preventing the activity. City will not stipulate to the issuance
of any such court order.
11.2 Further assurances. Each party covenants on behalf of
itself and its successors and assigns to take all actions and do
all things, and to execute with acknowledgments or affidavits if
required any and all documents and writings that may be necessary
or proper to achieve the purposes and objective of this
Agreement. Each party shall take all necessary measures to see
that the provisions of this Agreement are carried out in full.
11.3 Processing. If necessary or required, upon
satisfactory completion by Developer of all required preliminary
actions and payments of appropriate filing and processing fees,
if any, City shall use its best efforts to promptly commence and
diligently proceed to complete all steps required or necessary
for the implementation of this Agreement and the Development by
Developer of the Project in accordance with the Existing
Development Approvals, including but not limited to the
following:
-26-
AGENDA IT -CM, rlo. � or'
PAGE _o -53
(1) The City Council shall instruct City's Planning
Department, City's Planning Commission and all other relevant
agencies of City which are affected or may be affected use their
best efforts to diligently process any and all Development
Approvals necessary for Developer to obtain all necessary permits
to begin and complete construction of the Project.
(2) City shall use its best efforts to schedule,
convene and conclude all required public hearings in a diligent
manner consistent with applicable laws and regulations in force
as of the Effective Date of this Agreement.
(3) City shall use its best efforts to process and
approve in a diligent manner, all maps, plans, land use permits,
building plans and specifications and other applications for
Development Approvals relating to the Development of the Project,
filed by Developer, including but not limited to all General Plan
and Specific Plan amendments, zoning, final development plans,
tentative maps, parcel maps, final maps, resubdivisions,
amendments to maps, subdivision improvement agreements, lot line
adjustments, encroachments, grading and building permits,
variances, use permits and related matters as necessary for the
completion of the development of all lots and parcels comprising
the Project, to the extent permitted by law.
(4) Pursuant to the Riverside County Short -Term Habitat
Conservation Plan for the Stephens' Kangaroo Rat ("Short -Term
HCP"), the County of Riverside is preparing to release
approximately 4,400 acres for grading from the County -wide Fee
Area identified by the Short -Term HCP. A portion of the released
-27-
AGctt;:11 i Cc;vi i
PAGE 3GF__
acreage for grading will be allocated to City. City and
Developer acknowledge that the feasibility and viability of the
Project, and the contemplated golf course and clubhouse
facilities in particular, is dependent upon portions of the
Property being graded. Therefore, City agrees to reserve for
Developer and its Project not less than forty (40) acres of the
acreage released for grading allocated to City in accordance with
the Short -Term HCP; provided, however, that Developer shall be
required to utilize such reserved acreage within six (6) months
after the Effective Date of this Agreement. Any portion of the
reserved acreage not utilized by Developer within the prescribed
time shall revert to City for reallocation in its discretion.
(5) Developer agrees to process such permits as may be
necessary for its golf course plan with the U.S. Army Corps of
Engineers, U.S. Fish and Wildlife Service and California
Department of Fish and Game in an expeditious manner and to
report monthly to City on the progress of same.
Developer will use its best efforts to timely provide
City with all documents, applications, plans and other
information necessary for City to carry out its obligations
hereunder and cause Developer's planners, engineers and all other
consultants to submit in a timely manner all required materials
and documents therefor. It is the express intent of Developer
and City to cooperate and diligently work to implement any
General Plan amendment, zoning, final Development plan and/or
other land use, grading or building permits or approvals which
are necessary or desirable in connection with the development of
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AG".DA HEN1 P:O.�_
pAGE�O
�53
the Project in substantial conformance with this Agreement.
11.4 Other governmental permits. In addition, Developer
shall apply in a timely manner for such other permits and
approvals as are required by other governmental agencies having
jurisdiction over the Project in connection with the development
of, or provision of services to, the Project. City shall
cooperate with and use its best efforts to assist Developer in
coordinating the implementation of the Project with such other
governmental agencies and in obtaining permits, approvals and
services from those agencies as may be necessary to implement the
Project.
11.5. Financing of public facilities and/or services. City
and Developer shall in good faith use their best efforts to
establish one or more community facilities districts (pursuant to
the Mello -Roos Community Facilities Act of 1982 as set forth in
Government Code Section 53311 et sec.) and such other assessment,
improvement or maintenance districts, as may be appropriate, for
the purpose of funding the planning, design, construction and
maintenance of public facilities, including related fees
(including those referenced above in Section 9.5) and the
acquisition of land therefor, and/or the provision of public
services for the Project. The parties expect that bonds,
assessments, liens or other such financing devices would be
issued or levied to provide sufficient funds for the above-
mentioned purpose. City and Developer agree that the proportion
of assessed real property value allocated to real property taxes
and aggregate debt service may go up to but shall not exceed two
-29-
AGENDA f TE M NO. 32
PAGE 3 f OF�_
percent (2%), and City shall take no action to limit such
allocation to less than two percent (2%). City acknowledges
that completion of proceedings to establish one or more public
financing districts as discussed above is critical to provide the
parties with security for performance by Developer of its
obligation to commence and complete construction of major
infrastructure. To the extent that the infrastructure required
by City to be constructed by Developer is in excess of the needs
and demands of the Project and will be utilized by future
developments, City agrees to use its best efforts to cause such
future developments to contribute to the costs of the
infrastructure (including but not limited to the formation of an
assessment district) and, from such funds, cause appropriate
reimbursement payment(s), including interest at the legal rate,
to be made to Developer after first reimbursing the public
financing district to the extent district funds were expended to
construct the infrastructure. Developer understands that City
has formed a joint powers authority under the Marks -Roos Local
Bond Pooling Act of 1985 known as the "Lake Elsinore Public
Financing Authority" and that City policy requires all public
financing within City to be funded through said Authority.
11.6 Utilities coordination. City shall use its best
efforts to assist Developer in obtaining all electrical, gas,
telephone and other necessary utility connections required by the.
Project. Within a reasonable time after request therefor by
Developer, City shall approve all connection and access points
for such utilities if in compliance with all applicable
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ACEND; iTLhINO'. .3a _
PACE 3 OF_
ordinances, rules and regulations.
11.7 Covenant of good faith and fair dealing. Except as
may be required by law, neither party shall do anything which
shall have the effect of harming or injuring the right of the
other party to receive the specified and described benefits of
this Agreement; each party shall refrain from doing anything
which would render its performance under this Agreement
impossible or impractical; and each party shall do everything
which this agreement describes that such party shall do.
12. PERMITTED DELAYS
Developer shall be excused from performance of its
obligations hereunder during any period of delay caused by acts
of God or civil commotion; riots, strikes, picketing, or other
labor disputes; unavoidable shortage of materials or supplies;
damage to work in progress by reason of fire, flood, earthquake
or other casualty; litigation; initiatives or referenda;
moratoria; acts or neglect of City; or unanticipated restrictions
imposed or mandated by other governmental entities. Each party
shall promptly notify the other party of any delay hereunder as
soon as possible after the same has been ascertained, and the
term of this Agreement shall be extended by the period of any
such delay.
13. ESTOPPEL CERTIFICATES
Either party may at any time, and from time to time, deliver
written notice to the other party requesting the other party
-31-
AGENDA iT=_;:; -NO. 32
PAGE 3 C1= ,S3
certify in writing that to the knowledge of the certifying party:
(1) this Agreement is in full force and effect and is a binding
obligation of the parties; (2) this Agreement has not been
amended or modified, and, if so amended or modified, to identify
the relevant documents; and (3) no default in the performance of
the requesting party's obligations under this Agreement exists
or, if in default, the nature of any default. A party receiving
a request hereunder shall execute and return the certificate
within thirty (30) days following the receipt thereof.
14. RECORDATION BY CITY CLERK
Pursuant to Government Code Section 65868.5, within ten (10)
days of City's execution of this Agreement the City Clerk shall
record a copy with the Riverside County Recorder. Thereafter,
the burdens of this Agreement shall be binding upon, and the
benefits of this Agreement shall inure to, all successors in
interest to the parties to this Agreement.
15. DEFAULT
15.1 Events of default. Subject to any written extension
of time by mutual consent of the parties, and subject to the
provisions of Section 12 regarding permitted delays, the failure
of either party to perform any material term or provision of this
Agreement shall constitute default if such defaulting party does
not cure such failure within thirty (30) days following written
notice of default from the other party; provided, however, that
if the nature of the default is such that it cannot be cured
-32-
AGENDA i7EM NO.-
PAGE�O'
within thirty (30) days, the commencement of a cure within such
period and the diligent prosecution to completion of the cure
shall be deemed to be a cure within such period. Any notice of
default given hereunder shall specify in detail the nature of the
alleged default and the manner in which such default may be
satisfactorily cured in accordance with the terms and conditions
of this Agreement. During the time periods herein specified for
cure of a failure of performance, the party charged with such
failure of performance shall not be considered to be in default
for purposes of termination of this Agreement, or for purposes of
institution of legal proceedings with respect thereto, or for
purposes of issuance of any building or grading permit with
respect to the Project (provided that failure of performance is
unrelated to the entitlement to obtain such permit).
15.2 Remedies. Upon the occurrence of default under this
section and the expiration of any applicable cure period, the
non -defaulting party shall have such rights and remedies against
the defaulting party as it may have at law or in equity,
including but not limited to the right to terminate this
Agreement.
15.3 No waiver. Failure by a party to insist upon the
strict performance of any of the provisions of this Agreement by
the other party shall not constitute waiver of such party's right
to demand strict compliance by such other party in the future.
All waivers must be in writing to be effective or binding upon
the waiving party, and no waiver shall be implied from any
omission by a party to take any action with respect to such
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AGENDA ITEM h0. 3
PAGE y n__Gr1>-
default. No express written waiver of any default shall affect
any other default, or cover any other period of time except that
specified in such express waiver.
15.4 Effect of termination. Termination of this Agreement
by one party due to the other party's default shall not affect
any right or duty emanating from City entitlements or approvals
on the Project, but the rights, duties and obligations of the
parties hereunder shall otherwise cease as of the date of such
termination. If City terminates this Agreement because of
Developer's default, City shall retain any and all benefits
including money or land received by City hereunder. If Developer
terminates this Agreement because of City's default, Developer
shall be entitled to a return or a refund of all unused benefits
and exactions paid, given or dedicated to City pursuant to this
Agreement.
16. ENFORCED DELAY AND EXTENSION OF TIME OF PERFORMANCE
In addition to specific provisions of this Agreement,
performance by either party hereunder shall not be deemed to be
in default where delays or defaults are due to war, insurrection,
strikes, walk -outs, riots, floods, earthquakes, fires,
casualties, acts of God, litigation, referenda, initiatives,
moratoria, governmental restrictions imposed or mandated by other
governmental entities, enactment of conflicting City, county,
state or federal laws or regulations, judicial decisions, or
similar basis for excused performance which is not within the
reasonable control of the party to be excused. If written notice
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AGENDA r 'EM r4o. 32
?AGE_4�_OF S5
of such delay is given to either party within thirty (30) days of
the commencement of such delay, an extension of time for such
cause will be granted in writing for the period of the enforced
delay, or longer as may be mutually agreed upon.
17. APPLICABLE LAW
This Agreement shall be construed and enforced in accordance
with the laws of the State of California.
18. NO JOINT VENTURE OR PARTNERSHIP
City and Developer hereby renounce the existence of any form
of joint venture or partnership between City and Developer, and
expressly agree that nothing contained herein or in any document
executed in connection herewith shall be construed as making City
and Developer joint venturers or partners. It is understood that
the contractual relationship between City and Developer is such
that Developer is an independent contractor and not an agent of
City. Furthermore, this Agreement is not intended, or shall it
be construed, to create any third party beneficiary rights in any
person who is not a party to this Agreement.
19. ADDRESSES FOR NOTICES
Any notice sent to either party under this Agreement shall
be in writing and shall be given by delivering the same to such
party in person or by sending the same by registered mail, return
receipt, with postage prepaid, to the following addresses:
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AGENDA ITEM] N0. 3
PAGEL �, Or575—
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92330
Attn: City Manager
Brighton Alberhill Associates
505 North Tustin Avenue
Suite 250
Santa Ana, CA 92705
Attn: Mr. Todd Cunningham
20. COVENANTS RUNNING WITH THE LAND
All of the terms, provisions, covenants and obligations
contained in this Agreement shall be binding upon the parties and
their respective successors and assigns, and all other persons or
entities acquiring all or any portion of the Property, and shall
inure to the benefit of such parties and their respective
successors and assigns. All the provisions of this Agreement
shall be enforceable as equitable servitudes and constitute
covenants running with the land pursuant to applicable law,
including but not limited to California Civil Code Section 1468.
Each covenant to do or refrain from doing some act on the
property covered by this Agreement is for the benefit of such
property and is a burden upon such property, runs with such
property and is binding upon each party and each successive owner
during its ownership of such property or any portion thereof, and
shall benefit each party and its property hereunder, and each
other party succeeding to an interest in such property.
Notwithstanding the foregoing, upon the sale or lease for more
than one year of a dwelling unit or office or commercial or
industrial space by Developer to a member of the public, but not
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AGENDA ITEM to32_
PAGE�OF_ S_
upon the bulk sale thereof to any person or entity for resale to
the public, such residential unit or office, commercial or
industrial space shall be automatically released from the terms,
provisions, covenants and obligations of this Agreement without
the necessity of executing or recording any specific instrument
of release.
21. EFFECT OF AGREEMENT
City and Developer agree that unless this Agreement is
amended or terminated pursuant to its provisions, this Agreement
shall be enforceable by any party hereto notwithstanding any
change hereafter enacted or adopted in any General Plan
amendment, Specific Plan, zoning ordinance, subdivision
ordinance, or any other land use ordinances or building
ordinances, resolutions or other rules, regulations or policies
of City which change, alter or amend the rules, regulations and
policies applicable to the Development of the Project as of the
Effective Date of this Agreement as provided by Government Code
Section 65866. This Agreement shall not prevent the City from
taking subsequent actions applicable to the project from applying
new rules, regulations and policies which (1) are necessary to
protect the public health and safety, (2) are not directly or
indirectly in conflict with those rules, regulations, policies
applicable to the Project as set forth herein, and (3) do not
prevent or materially frustrate the Development of the Project as
contemplated herein.
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AGENDA ITEM N0._ 2
PAGE y OF
22. CONSISTENCY FINDING
By approving and executing this Agreement, City finds that
its provisions are consistent with City's General Plan and with
Specific Plan No. 89-2, and City further finds and determines
that execution of this Agreement is in the best interests of the
public health, safety and general welfare of City's residents,
property owners and taxpayers.
23. TERMS OF CONSTRUCTION
23.1 Severability. If any term, provisions, covenant or
condition of this Agreement shall be determined invalid, void or
unenforceable by judgment or court order, the remainder of this
Agreement shall remain in full force and effect, unless
enforcement of this Agreement as so invalidated would be
unreasonable or grossly inequitable under all the circumstances,
or would frustrate the stated purposes of this Agreement.
23.2 Entire agreement. This written Agreement contains all
the representations and the entire agreement between City and
Developer. Any prior correspondence, memoranda, agreements,
warranties or representations are superseded in total by this
Agreement. This Agreement shall be construed as a whole
according to its common meaning and not strictly for or against
any party in order to achieve the objectives and purposes of the
parties hereunder. Whenever required by the context of this
Agreement, the singular shall include the plural and vice versa,
and the masculine gender shall include the feminine or neutered
genders. 'Shall' is mandatory and "may" is permissive.
-38-
23.3 Signature pages. For convenience, the signatures of
the parties to this Agreement may be executed and acknowledged on
separate pages which, when attached to this Agreement, shall
constitute this document as one complete Agreement.
23.4 Time. Time is of the essence of this Agreement and of
each and every term and condition hereof.
24. CONSENT OF OTHER PARTIES
Developer may, at its discretion, elect to have other
holders of legal, equitable or beneficial interests in the
Project, the Property or portions thereof, acknowledge and
consent to the execution and recordation of this Agreement by
executing an appropriate instrument therefor. It is understood
by the parties that the execution of such document by other
holders of legal, equitable, or beneficial interest in the
Project is not a condition precedent to this Agreement.
25. ASSIGNMENT AND NOTICE
Developer shall have the right to assign or transfer all or
any portion of its interests, rights or obligations under this
Agreement to third parties acquiring an interest or estate in
Project, the Property or portions thereof, including but not
limited to purchasers or long-term ground lessees of individual
lots, parcels, or of any of the buildings located within the
Project. Developer shall give prior written notice to the City
of its intention to assign or transfer any of its interest,
rights or obligations under this Agreement. Any failure by
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PAGE_ 0G_��
Developer to provide said notice shall be curable in accordance
with the provisions of Section 15 hereof. The express assumption
of any of Developer's obligations under this Agreement by its
assignee or transferee shall thereby relieve Developer of any
further obligations under this Agreement. Notwithstanding the
foregoing, Developer shall have no obligation whatsoever to
provide said notice when it intends to assign an interest in this
Agreement in connection with a conveyance or transfer to a bank
or other financial institution or corporation for financing
purposes of an equitable interest in the Project and/or the
Property whether by means of a deed of trust or other instrument.
26. ENCUMBRANCES AND RELEASES ON REAL PROPERTY
26.1 Discretion to encumber. The parties hereto agree that
this Agreement shall not prevent or limit Developer in any
manner, at Developer's sole discretion, from encumbering the
subject real Property or any portion of any improvement thereon
by any mortgage, deed of trust or other security device securing
financing with respect to the Property. City acknowledges that
the lenders providing such financing may require certain
modifications and City agrees, upon request, from time to time,
to meet with Developer and/or representatives of such lenders to
negotiate in good faith any such request for modification. City
further agrees that it will not unreasonably withhold its consent
to any such requested modification so long as the modifications
do not materially alter this Agreement.
AGENDA ITEM N0. 32 -
PACE
ZPACE 7 OF,rjT
26.2 Entitlement to written notice of default. The
mortgagee of a mortgage or beneficiary of a deed of trust, and
their successors and assigns, or any mortgage or deed of trust
encumbering the property, or any part thereof, which mortgagee,
beneficiary, successor or assign has requested notice in writing
received by City, shall be entitled to receive written
notification from City of any default by Developer in the
performance of Developer's obligations under this Agreement which
is not cured within thirty (30) days.
26.3 Property subiect to pro rata claims. Any mortgagee
who comes into possession of the property, or any part thereof,
pursuant to foreclosure of the mortgage or deed of trust, or deed
in lieu of such foreclosure, shall take the Property, or part
thereof, subject to any pro rata claims for payments or charges
against the Property, or part thereof secured by such mortgage
which accrue prior to the time such mortgagee comes into
possession of the Property or part thereof.
26.4 Releases. City hereby covenants and agrees that upon
completion of the public improvements and payment of all fees
required under this Agreement with respect to the Property, or
any portion thereof, City shall execute and deliver to the
Riverside County Recorder appropriate release or releases of
further obligations in form and substance acceptable to the
County Recorder or as may otherwise be necessary to effect such
release.
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AGENDA ITEM N0. ✓ 1
PAGE OF 53
27. OPERATING MEMORANDA
The parties acknowledge that from time to time it may be in
the mutual interest of the parties that certain details relative
to performance of this Agreement be refined. Therefor, to the
extent allowable by law, the parties retain a certain degree of
flexibility with respect to those provisions covered in general
under this Agreement which do not relate to the term, permitted
uses, density or intensity of use, height or size of buildings,
provisions for reservation and dedication of land, timing, rate
or sequence of development, conditions, terms, restrictions and
requirements relating to subsequent discretionary actions,
development of public improvements or monetary contributions by
Developer or any conditions or covenants relating to the use of
the Property. When and if the parties find it necessary or
appropriate to make changes or adjustments to such provisions,
they shall effectuate changes or adjustments through operating
memoranda in recordable form approved by the parties in writing
which reference this Section 27. For purposes of this Section
27, the City Manager or his/her designee upon report to and
approval by the City Council, shall have the authority to approve
the operating memoranda on behalf of City. No operating
memoranda shall require notice or hearing or shall be deemed to
constitute an amendment to his Agreement.
28. INSTITUTION OF LEGAL ACTION.
In addition to any other rights or remedies, either party
may institute legal action to cure, correct or remedy any
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AGENDA iTE.M r4D. 32
PAGE_ Hq`G� S 3
default, to enforce any covenants or agreements herein or to
enjoin any threatened or attempted violation thereof or to obtain
any remedies consistent with the purpose of this Agreement. In
the event of any such legal action involving or arising out of
this Agreement, the prevailing party shall be entitled to recover
reasonable litigation expenses, attorneys' fees and costs
incurred. It is understood between the parties that in the event
a breach of this Agreement by City occurs, irreparable harm is
likely to occur to Developer and damages may be an inadequate
remedy. To the extent permitted by law, therefore, it is
expressly recognized that specific enforcement of this Agreement
by Developer is a proper and desirable remedy in addition to any
and all other remedies which may be available to Developer under
law or at equity.
29. INSURANCE.
Developer agrees to and shall hold City, its officers,
agents, employees and representatives harmless from liability for
damage or claims for damage for personal injury including death
and claims for property damage which may arise out of the direct
or indirect operation of Developer or those of their contractors,
subcontractors, agents, employees or other persons acting on
their behalf which relate to the Project. Developer agrees to
and shall defend City and its officers, agents, employees and
representatives from actions for damages caused or alleged to
have been caused by reason of Developer's activities in
connection with the Project.
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AGENDA ITEM i o. 3P,
PAUE,� 0 _oF-
This hold harmless agreement applies to all damages and
claims for damages suffered or alleged to have been suffered by
reason of the operations referred to in this paragraph,
regardless of whether or not the City prepared, supplied, or
approved plans or specifications or both for the Project and
regardless of whether or not the insurance policies referred to
below are applicable.
Before beginning work on the Project, Developer shall obtain
the insurance required under this paragraph and receive the
approval of City Attorney as to form, content, amount and
carrier. Developer shall maintain the insurance during the term
of this Development Agreement. The insurance shall extend to
City, its elective and appointive boards, commissions, officers,
agents, employees and representatives and to Developer and each
contractor and subcontractor performing work on the Property:
29.1 Compensation Insurance. Developer shall maintain
Workers Compensation Insurance for all persons employed at the
site of Project. Developer shall require each contractor and
subcontractor similarly to provide Workers Compensation Insurance
for their respective employees. Developer agrees to indemnify
City for damage resulting from the failure to take out and
maintain such insurance.
29.2 Public Liability and Property Damage Insurance.
Developer shall maintain public liability insurance in an amount
not less than One Million Dollars ($1,000,000.00) for injuries
(including death) to any one person and in an amount not less
than One Million Dollars ($1,000,000.00) on account of any one
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AGENDA TEPA No. 3
PAGE 5 �_C;_
occurrence; and property damage insurance in an amount not less
than One Hundred Thousand Dollars ($100,000.00) for damage to the
property of each person on account of any one occurrence.
Developer shall furnish City before beginning work on the
Project with a Certificate of Insurance constituting satisfactory
evidence of the insurance required and providing that each
carrier is required to give City at least ten (10) days prior
written notice by certified mail of the cancellation or reduction
in coverage of any insurance.
DEVELOPER:
BRIGHTON ALBERHILL ASSOCIATES, a
California general partnership
By:
CITY:
General Partner
CITY OF LAKE ELSINORE, a
municipal corporation and political
subdivision of the State of
California
By:
-45-
Mayor
ACE C)A ITEPA P Q.___2 2
PACE.5 �, OF 5 3
ATTEST:
City Clerk
STATE OF CALIFORNIA
ss.
COUNTY OF
On this day of , 1990, before me the
undersigned, a Notary Public in and for said State, personally
appeared , personally known to me (or
proved to me on the basis of satisfactory evidence) to be the
person who executed the within instrument as the General Partner
of Brighton Alberhill Associates.
WITNESS my hand and official seal.
Notary Public
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
On this day of , 1990, before me the
undersigned, a Notary Public in and for said State, personally
appeared , personally known to me
(or proved to me on the basis of satisfactory evidence) to be the
person who executed the within instrument as the Mayor of the
City of Lake Elsinore, California, and acknowledged to me that
said City of Lake Elsinore, California executed it.
WITNESS my hand and official seal.
Notary Public
8/066/012051/0001/OO6
AGENDA ITEM NO.
PAGE�3
REPORT TO THE CITY COUNCIL/REDEVELOPMENT AGENCY
DATE: June 26, 1990
SUBJECT: Stephens' Kangaroo Rat Short Term
Habitat Conservation Plan; EIS/EIR
for Section 10(a) Permit; Implementa-
Agreement; Agreement Regarding
Allocation of the Take; Memorandtun of
Understanding.
PREPARED BY: Hardy M. Strozier APPROVED BY: Dave Gunderman
Hardy M. Strozier Dave Gunderman
The Planning Assoc' Comm. Dev. Dir.
APPROVED BY:
Ron olendy
City anager
On October 31, 19ss, the U.S. Fish and Wildlife Service
listed the Stephens' kangaroo rat (SKR) as an endangered
species. Federal law prohibits any "taking" of an endangered
species. "Taking" is defined as any activity that would
harm, kill or harass these animals.
Federal law also provides for a method to allow "incidental"
takings subject to a "Section 10(a)" Permit. This permit
process requires the development of a plan which provides for
the continued existence of the species. Such a plan, called
a Habitat Conservation Plan must accompany any Section 10(a)
permit application.
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 Section 10(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 Section 10(a) 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 4,400 acres (20 percent) of the
approximately 22,000 acres of remaining occupied habitat for
the species.
Prior to obtaining the Section 10 (a) Permit, the applicant
jurisdictions, including Lake Elsinore, must review and adopt
the following:
1. Interim Habitat Conservation Plan
2. FEIR/FEIS for the Interim Habitat Conservation Plan
3. Joint Exercise of Powers Agreement
4. Memorandum of Understanding
5. Implementation Agreement
6. Allocation of the Take
AGENDA ITEM NO.
PAGE OF�
Page 2
June 26, 19909
Subject: Stephens' kangaroo rat
These documents were previously discussed at a City Council
workshop on February 13, 1990. Except for the Joint Exercise
of Powers Agreement (which was previously adopted) all of
these documents were adopted by the Board of Supervisors on
May 29, 1990.
Interim Habitat Conservation Plan
The "Interim Habitat 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 supports the 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
also provides for mitigation of the take allowed during such
two-year period. It 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.
Environmental Impact Report for the Interim Habitat
Conservation Plan
A joint EIR/EIS was prepared for the Interim Habitat
Conservation Plan. The County of Riverside was the Lead
Agency under the California Environmental Quality Act (CEQA)
for the EIR, and, as such, had primary responsibility for
completing and certifying the EIR. In terms of this EIR the
City can be considered a "responsible agency" under CEQA
Section 15381 of the CEQA guidelines defines a responsible
agency as follows:
"A public agency which proposes to carry out or approve a
project for which a Lead Agency is preparing or has prepared
an EIR or Negative Declaration. For the purposes of CEQA the
term "Responsible Agency" includes all public agencies other
than the Lead Agency which have discretionary approval power
over the project."
A responsible agency must, however, make certain independent
findings based on the Lead Agency's EIR. Before approving
the project, a responsible agency must consider the
environmental effects of the project as shown in the EIR. A
responsible agency must reach its own conclusion on whether
and how to approve the project, and must decide for itself
how to respond to significant effects that will result from
the responsible agency's own decision to carry out, finance,
or approve the project. The responsible agency must also
adopt any feasible alternatives and mitigation measures that
will substantially lessen such effects (Guidelines Section
15096 (g)). However, a responsible agency has responsibility
for mitigating or avoiding only the environmental effects of
those parts of the project it decides to carry out or
approve.
The responsible agency must also make its own findings and
prepare a statement of overriding considerations if necessary
(Guidelines Section 15096 (h); 15091; 15093). It must also
certify that its decision-making body (i.e., the City
Council) reviewed and considered the EIR (Guidelines Section
15050 (b)). In addition, a responsible agency must file its
AGENDA ITEM NO. —3 �,
PAGE OF_1�,
June 26, 1990
Page 3
Subject: Stephens' kangaroo rat
own Notice of Determination (NOD) in the same manner as the
Lead Agency except that the responsible agency does not need
to state that the EIR complies with CEQA. Instead, the
responsible agency must state in its NOD that it "considered"
the lead agency's EIR (Guidelines Section 15096 (i)). The
NOD must be filed with the Clerk of the Board of Supervisors
in order to trigger a thirty (30) day Statue of Limitations
during which legal challenges may be filed. Otherwise, a 180
day Statue of Limitations will apply (Id).
Joint Exercise of Powers Agreement
On May 22, 1990, the City Council adopted a Resolution to
become a party to the Joint Powers Agency with the County of
Riverside, the City of Riverside, the City of Hemet, the City
of Perris and the City of Moreno Valley 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.
Each of the Cities and the County
to purchase and maintain real
ecosystem conservation plans,
habitat conservation plans fo
Stephens' kangaroo rat and
threatened or endangered species.
Memorandum of Understanding
has the authority and power
property and to establish
and to design and implement
r the protection of the
other listed or candidate
The Memorandum of Understanding is an agreement between the
applicant jurisdictions and the United States Fish and
Wildlife since authorizing incidental take of the SKR and its
habitat in accordance with the terms of the Interim Habitat
Conservation Plan and its implementing agreements.
Implementation Agreement
The purpose of the Implementation Agreement is to define the
respective rights and obligations of the applicant
jurisdictions as well as State and Federal agencies with
respect to the implementation of the HCP. The Implementation
Agreement specifies: (1) the responsibilities of each of the
applicant jurisdictions as well as those of relevant State
and Federal agencies; (2) 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.
Allocation of the Take
The Section 10(a) Permit will only cover incidental take
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 (20)
percent (i.e., 4,400 acres) of the total amount of occupied
SKR habitat within the HCP study area.
Under the Agreement Regarding Allocation of Take, the City of
Lake Elsinore will be allocated a fixed percentage of the
permitted take during the two-year term of the Interim
AGENDA ITEM NO. 33
PAGE OF
June 26, 1990
Page 4
Subject: Stephens' kangaroo rat
Habitat Conservation Plan of eight (8) percent. In order to
calculate the City's total permitted take during the two-year
term of the HCP, the City's fixed percentage is multiplied by
the total number of acres subject to takes, as follows:
4,400 acres x 8% = 352 acres
However, after the first semi-annual period following the
issuance of the Section 10(a) Permit, the City will be
allocated five (5) percent of the permitted take resulting
from impact fee acquisitions. Commencing with the second
semi-annual period following the issuance of the Section
10(a) permit, the proportionate share of permitted take
resulting from acquisitions of replacement habitat using
impact fees during any semi-annual period will be based
solely on the cumulative impact fees contributed to the Joint
Powers Authority.
Based on the limited amount of impact fees collected by the
City, the second semi-annual share of permitted take for the
City will be very small. The Agreement Regarding Allocation
of Take does, increase its allocation, including independent
purchase of suitable SKR habitat.
It is recommended that the City Council:
1. Adopt the Short-term Habitat Conservation Plan for the
Stephens' kangaroo rat and addendum and modification
(dated May 22, 1990) thereto;
2. Adopt the Final Environmental Impact Report for the
Section 10(a) Permit to Allow Incidental Take of the
Endangered Stephens' kangaroo rat in Riverside County,
California, including the addendum (dated June 5, 1990)
thereto;
3. Adopt the Implementation Agreement;
4. Adopt the Agreement Regarding Allocation Take; and
5. Adopt the Memorandum of Understanding
AGENDA ITEM N0. 33
PAGE OF -11L„„
RESOLUTION NO. 90-�7,
A RESOLUTION OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING THE APPLICATION FOR A
PERMIT TO ALLOW INCIDENTAL TAKE OF STEPHENS'
KANGAROO RATS IN THE CITY OF LAKE ELSINORE,
ADOPTING THE FINAL ENVIRONMENTAL IMPACT
STATEMENT AND ENVIRONMENTAL IMPACT REPORT FOR
THE PERMIT APPLICATION PROJECT AND APPROVING THE
FINDINGS, FACTS IN SUPPORT OF FINDINGS AND
STATEMENT OF OVERRIDING CONSIDERATIONS
WHEREAS, the Stephens' kangaroo rat was listed as an
endangered species by the U.S. Fish and Wildlife Service on
October 31, 1988 pursuant to the Federal Endangered Species
Act of 1973 (16 U.S.C. SS1531 et seq.); and
WHEREAS, the Federal Endangered Species Act prohibits
the taking of any endangered species within the United States
without a permit issued pursuant to Section 10 of the Act;
and
WHEREAS, Section 10(a) (1) (B) of the Act (16 U.S.C.
SS 1539 (a) (1) (B)) provides that the U.S. Fish and Wildlife
Service may permit the taking of an endangered species if
such taking is incidental to, and not the purpose of, the
carrying out of an otherwise lawful activity, and if the
applicant submits a conservation plan specifying the
information required by Section 1539 (a) (2) (A); and
WHEREAS, the County of Riverside and the City of Lake
Elsinore determined it was desirable to obtain a taking
permit pursuant to Section 10 (a) (1) (B) in order to allow
for needed development in areas the Stephens' kangaroo rat
may inhabit; and
WHEREAS, Riverside County, in consultation with the
U.S. Fish and Wildlife Service, has developed a Habitat
Conservation Plan for the Stephens' kangaroo rat; and
WHEREAS, it was determined that the provisions of the
California Environmental Quality Act (CEQA) of 1970 as
amended and the National Environmental Policy Act (NEPA)
applied to the application for and proposed issuance of an
incidental taking permit for the Stephens' kangaroo rat; and
WHEREAS, it was determined that the U.S. Fish and
Wildlife Service would act as Federal Lead Agency pursuant to
NEPA and the County of Riverside would act as Local Lead
Agency pursuant to CEQA for the permit application project;
and
WHEREAS, the Board of Supervisors of the County of
Riverside determined, on the basis of an initial study, that
a joint Environmental Impact Statement and Environmental
Impact Report (EIR/EIS) was necessary to study and disclose
the environmental impacts associated with the proposed permit
application; and
WHEREAS, a Final EIR/EIS dated March 1990 and an
addendum to the EIR dated May 25, 1990 (hereafter
collectively the "EIR), have been prepared assessing the
potential environmental impacts associated with applying for
and issuing a permit to allow the incidental take of
Stephens' kangaroo rats in Riverside County in accordance
with all procedures set forth in NEPA, the NEPA Guidelines,
CEQA, the State CEQA Guidelines and the Riverside County
Rules to Implement CEQA; and
AGENDA ITEM N0. 33
PAGE_ OF
WHEREAS, the City of Lake Elsinore is a responsible
agency under Section 15381 of the California Environmental
Quality Act; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Lake Elsinore, California:
1. The Final EIS/EIR, contains a complete, objective and
accurate reporting of the environmental impacts
associated with the application for and issuance of a
permit to allow incidental take of Stephens' kangaroo
rats in Riverside County.
2. The City Council hereby adopts the Final EIS/EIR and the
Addendum thereto, have been completed in compliance with
CEQA, the State CEQA Guidelines and the Riverside County
Rules to Implement CEQA.
3. The City Council further certifies that it reviewed and
considered the information contained in the Final EIS/EIR
and the Addendum thereto prior to approving the
Short-term Habitat Conservation Plan for the Section
10(a) Permit (incorporated herein by reference).
BE IT FURTHER RESOLVED by the City Council that the
following environmental impacts are significant and that
despite incorporation of specific mitigation measures to
lessen such impacts, are not mitigable to a level of
insignificance:
1. Biology - The project will allow a 4,400 acre or a
twenty (20) percent reduction in occupied habitat,
whichever is less, of the Stephens' kangaroo rat
pursuant to the issuance of a Section 10(a) Permit.
Although this impact will be mitigated through the
imposition of a mitigation fee and the acquisition
and management of permanent Stephens' kangaroo rat
reserves, the impact of the habitat reduction
cannot be mitigated to a level of insignificance.
2. Public Improvements - The project will allow the
construction of public improvement facilities which
will result in incidental take of Stephens'
kangaroo rat Habitat. Although the twenty (20)
percent or 4,400 acres habitat reduction figure
cannot be exceeded and acquisition and funding of
Stephens' kangaroo rat habitat will occur on a one
for one basis, this effect cannot be mitigated to a
level of insignificance.
3. Cumulative Impacts - The development of future
projects could potentially generate the need for
various new regional public works projects.
Together with the current project, these projects
contribute to the general level of urbanization in
Western Riverside County. Thus, it is anticipated
that the project as proposed, together with other
past, present and planned projects in the region
could have a cumulative impact on the continued
existence of the Stephens' kangaroo rat.
BE IT FURTHER RESOLVED by the City Council that it has
balanced the benefits of the project against the unavoidable
environmental impacts associated therewith in deciding to
approve the project pursuant to the Statement of Overriding
Considerations attached hereto as Exhibit "A". The City
Council has determined that the benefits specified in Exhibit
"A" outweigh the unavoidable environmental effects, thereby
rendering those effects acceptable.
AGENDA ITEMN0.
PAGE ,
= O-F�j 1__
BE IT FURTHER RESOLVED by the City Council that it
hereby adopts the Findings and Facts in Support of Findings
attached hereto as Exhibit "A" which conclude that all other
environmental impacts of the project will be mitigated to a
level of insignificance pursuant to mitigation measures
outlined in the Final EIS/EIR. All mitigation measures as
described in the Final EIS/EIR and the attached Findings and
Facts in Support of Findings are hereby adopted and shall be
incorporated within the project.
BE IT FURTHER RESOLVED by the City Council that the
following reporting and monitoring program is hereby adopted
to ensure that all project mitigation measures are properly
implemented:
The Short -Term Habitat Conservation Plan prepared for
the Stephens' kangaroo rat, the Implementation
Agreement and the Memorandum of Understanding with the
Department of Fish and Game (collectively the
"implementing documents") contain detailed and
comprehensive mitigation measures for lessening impacts
to the habitat of the Stephens' kangaroo rat,
including: (i) requiring daily monitoring by each City
and the County of the collection of mitigation fees and
of the amount and location of all habitat authorized to
be taken; (ii) requiring the acquisition of one acre of
suitable replacement habitat for each acre of habitat
authorized to be taken; (iii) limiting the development
of non -occupied habitat within reserve study areas; and
(iv) establishing special accounts funded by impact
mitigation fees and administered by the Rivei:ide
County Habitat Conservation Agency (the "Conservation
Agency") for the purpose of managing and operatin*
lands acquired for Stephens' kangaroo rat reserves.
the Conservation Agency will be principally responsible
for insuring that all mitigation measures set forth in
the implementing documents are followed and implemented
in a timely manner. Pursuant to Public Resources Code
Section 21091.06, the United States Fish and Wildlife
Service and the Department of Fish and Game are
agencies with jurisdiction by law over the Stephens'
kangaroo rat and each shall have significant
involvement in insuring that all mitigation measures
are submit detailed reports on a monthly and quarterly
basis to the United States Fish and Wildlife Service
and the Department of Fish and Game to insure that the
mitigation measures set forth in the implementing
documents and in the Final EIS/EIR are implemented in a
timely manner.
BE IT FURTHER RESOLVED by the City Council that various
alternatives to the project were evaluated in the Final
EIS/EIR and rejected as infeasible for reasons specified in
the Final EIS/EIR and in the attached Findings and Facts in
Support of Findings (Exhibit "A"). The City Council hereby
adopts the Findings attached as Exhibit "A: with regard to
these alternatives.
BE IT FURTHER RESOLVED by the City Council that the
project of applying for a permit to allow incidental take of
Stephens' Kangaroo rats in Riverside County is hereby
approved and that the EIS/EIR prepared for this project is
hereby adopted as final.
BE IT FURTHER RESOLVED by the City Council that a
Notice of Determination will be filed within five working
days of project approval.
PASSED, APPROVED AND ADOPTED this 26th day of June,
1990, upon the following vote:
AGENDA ITEM NO. �--
PAGE --2- _OF._115 ,
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ATTEST:
Vicki Lynne Kasad, City Clerk
City of Lake Elsinore
SEAL
APPROVED AS TO FORM AND LEGALITY:
John Harper, City Attorney
City of Lake Elsinore
Gary M. Washburn, Mayor
City of Lake Elsinore
AGENDA ITEM NO. 33
PAGE OFI �
ikv
1 Il.1 't 'i:+t 'ill[ iCl 11•: :/'•':
... 15091 of the =A G�Wliws. • • . •... q?p: • _ or
•r - - which .n
r• . has . . i -• ono cc More
siPifIcIng cffecuto make Q= or nam• . • ... •. supported
explanation of the rarional
for each Anding. Under CEQA,; the poWble find.
inp am
i. Changes or alterations have been rcquaed in, cc incarpocats into, the
psgject which avW of substantially lcsson the sig ;MfI nt tittvitanmen-
tai effects ideati&d in the Final Hilt.
2. Such changes cc aitcradoa,s are within the responsibility Cr jutisdic-
tiou of another publicncy and not the 04=cy mal i the finding.
Such charips havo been by such other agency or can and, should be
adapted by such other agency,
.... N .... r '1 . .. . u 'u- ... • , .. amu.. • •
The st atnent . of facts in suppm of each finding al*o discugscs, whets
appropriate, the ressans why the Short -Tom HCP .4ltetaadvC 4 was dczrrminod to
be more a nvirottmiontally desirable, as compared to the alteta tivcs with
tsspect to each particular significant e&M All other altetaaUVC* not Spe-
df=Uy idonrifled were detoanined to be less dosimble thea the pro*t on
other grouads lot the rsasoas.discussed in Section M
71 •w. 1 t jr
• b'• �' ill• •• _•.. _• .• .- -
AGENDA ITEM NO. 33
PAGE OF.„
Regmadmi Facwtke
V I. .'AS citedon papon Fing jointHll
Projectnu. effect 02..• . w and Do ..\ .•• Was could 1 \ • I
is required.
b. F&= in S Of 1:42diAg. INOrmal use of recrtadongl
r•..• •...the .•r «.bwi* ... _
be probib5cd.
ICowry•- .\•• the w•
•- of LAim 7.. Perril, lkiyasida6��.\
Moreno VaUcy will not besigniftandy affected by the project. N� MidIA
is asocssay (see pap, 140 of &be Final Joint EIS/MQ.
b. in 1.1! \.\ • • .. 1MAOSt brush management
County have recently bow modiL-d
w to the endangered S=4WS
SKIL Coq •. n: ..• r. Ia u• • • i.
in the
ied
• •o .. .• n1. .•. .• .�'These.•.••• ,•
o be implemmtedthe of inwim x
u
'v I.. I •-\ on page 135 of the Findjoint CIO' S1
•o• .men , • •a of dw Short-TermM• is not 1 gi&nific
..use impm.Nomitiption Is necessary.
b. Face in 3 R2 itttpc rant to note that
present Land use caatcrainra a$ ting S�KR habitat do not stem ft = the Short -
program. Rather, they 'result ft:om the provisLCnsl against tak: con-
taiuod in Section 9 : of the FSA. The implementation of the Shos-Tam HCP and
the issuance of a Section :10(a) parmit would remove a substantial Land use con-
snaint presently affecting mach of western Riverside County. Tots; conspraint
would be confuted to the study areas only.
4. \ w 1 . ♦ f l
J•. �. . •.1 . • I •1. is •..• • •.1 • • ..• a may1
U1 y be so However, the Botud. 1;U& tws impact to
be • . 11 wv . 1 . I • I U • • • • necessary. The project will also U4 an
average• of • i 1 to the costof new I \ • ..... • . o
•. home .. 111
141 •1 .- .. • r 'P' not .• n. .n..
.• • the project wouldSign-1 op On tile *&%oWing
Wan= Froblans in the County. 7be !=—I �Iof costs for funding is'l,not
the .• 1 ' apFwbmob • cmb=zdup4on ... with
AGENDA ITEM NO.
PAGE 10 OFI�
N ... . \ �_ ••.r... . ..... •.� 1.11•..\.
b. U V n. •u
iveY t -• • , NI 11 .•«111..'11• . •l • •'1 . M. .•r.. 1._
wth
And Umial
lad p
•:• • •,, r..1 m 1 F. ,
of tbs PMJOct Mentioned
umder,1 Growth
. • `• . II M . •.. ..
thO i •1 H •GII
dye • • - CM 1 •of diii ... B• 1 .
M\. I 1w� ♦.�
ue not Seen as sipdftaw� by the fee
As tOY •.I . ,.._ about I «..i •1 11.
.
. n . 1. • . • . • •:. w .11..:1 • 1 1 1 • .+
1 111 1.. r
1 119A
Cost e. . 1 ..u....i.�'Media*_. ..
tbc
an.i. Pl 1 m « � iL r•
L Ending. Cuuwth.Mdaang effem are = atuieipatod to accts
as a result of the Short -Term HCP (see papa 143 of the Final 10fin EI /E1R). No
mitigation is na elmy.:
to rt.u7 ..a
• 11.
.1 . •• .1 1 .. 1 N
4,400 fir. or 4 0 20
wfm be allowod pt rfmt to
issuatm Of a sic* 10(a)
total occupied habitat within
20,000 to 26,000 a1 tss. �e
dtdfi=t (rcc pig" 129 to
b. Eadinp. with resect to the sigaificattt, and !'Wolo&al
effecu listed: above, the Board hereby fads and carditea that the 14, pifigant
AGENDA ITEM NO.
PAGE \\ OF�
M. .•
• I • \�. '1_ • .1 1.1.•1 •. _
N • . I rw. I y 1 . . ' 11• •l • •.f
1.
•rl ..
� - 1 1. I - •. 1 .
. q • 1 I •••^ _ an11. • S • • _
Vil 11.
• :Lam
a•
m.
AGENDA ITEM NO -33,
PAGE I 1 OF�_
i:.rsr/Ti:T:�
r : . • - vn i �. a ..uw - s..
I..: • \ • • . •I• . . •a. .• 1, . • • ../I : • 1 , \ �\
/ _ v.. / •� a ,31•
I MI'Maliw RI 11
AGENDA ( i ci�i ivU. 33
' PAGE 1 OF-�k—
;F M, 110111
.•
In the f011OWing discussion,
are compared the _ of • . .• r ell • : ..•
the n
u•. •.•n_r•._. fr ..•n•'•' h. •• _
at
4ternativas
Which • meet the . • obioctives,
The Finast j drat sdid ite not axpbm sa mdWnM rite bee W iocadng
the fixsh the Pinel Joint HISMM.�As stet kwthh in t eXojpeto�da> oomvps n, the
pm t 4*Pxcunve n0gtl3r+es management of the SXR thmugh {
H in Riverside Co To the exwnt that a permit could ben"'m o ano�ICP
implemented outside Riverside County, the inaa�ty J4Cp alternative is
discussed in the Final Joint EISAM A description of this ahemadvo as well
as all other alternatives identified in the Final Joint P.14 t is! provided
below.
.r . :141fiNts ..
Yds .. V LIJ XV .1 a I•, AlZr.T4 4P 111PQ; k. ..r tt is 0; 1:1; 41• ,ti I U:"47%76",
The .Yalternative elifftinmdf • .•further.on
Long -Term M' .• • • • M' .Long -Tenn M' . • . f • aSS4=d
tbax a conservatioa prosram. and Section 10(a) permit a lication 'would be
This
alt
rnative would protect occupied habitat and require embroement of the taldng
prohibition wr . completion of the HCP and approval •. • of • .
This al=mdvp was rejected as infeasible for a varioV of rea-
soar. Rear the :approach did -not protect potential reserve airas i'rom
encroachment due to deveiopmeat of non -habitat areas durin rho planning pro-
txss. Areas of proventiy occupied habitat could therefore by circumscribed as
this development occurred. resulting in Inmeatat on of the occupied habitat.
It was also anticipated that the existing habitat would change over time and
that the enforcement of the Section 9 prohibition agaitrst take during tte plan-
ninS periodi would not insure the species would be able to move into suitable
habitat as that habitat cbanged. The Losse -Term HCP also did not provide incen-
tives to local agencies to adopt immediate measures to fund ncthe ipendf tion
and acquisition of SKR reserves. iFimdy, lite alterative con did not not ddmssl the
oppmont ress in Riversifor des Coanry. moval �of the regulatory
this altenuu�efailed planned
J moot tthe
project objectiNvs of providing for immediam funds for the identification and
AGENDA ITEMj
NO. �
PAGE H OFI_
.1. 1.•. of X: holom With
• • r .;dvm projects 1RiversideC=rywhiCh were
stalled dUe to. the
. •. • . •1 rir,&iAgmtof tWm. Forof the &boy@ masams, the : •.: . • ••.
this aawaadve to be biftsible.
2. . •bi •.moi
The • • M' w4.•..
progr= and Swdm 10(a) Permit VP
Ladlbc u.,_ PnVoncuts.Continuedu•_on of•. n_1
b4at would
be vided
doa
••.•ft 1 • • • 1 - r o a. .• .•n of occupied Y"{7" •: 1 ...•
•. • .n rrM' ,•
County Inqptsiblo. Even if multiple =$we m" would �c amblislied via
r 1 . M• • - . •would 1 1 . •'.
1 for
• nerwat or • M= •cy su"mWxdcw of the
swvivLl of ... SKR vA wu rejected u inhuible.
Riverside3. kMLQMaWJi2
• t { •111 • • 4••.
. 1 . 1 •' •rt . • •.• {Permit . • . •.•
Protectim of
u' would as desczibcd under the LourTerto HK
through«_
P • • • M t b 1•b•. 1/ • • • 1/
• ••. a •1.� a/ • 1 • 1. ff Ir.- •
•I r• r :rf • •'- 1 fir• • �• f r• • •• 1 1._ �• J •". • 1.• I .
11.11 •.• f.• ••1.• 1- .• 11-1 .r •11
.• l •• ••1 • f • •1 1• •r ...M / J•_• h 1 1.
• � ./a J 1. { r• f •.J .t�. 1�• 1 I •In•.a
la 11.1 «� _a 1 • _ N• t In 1•� •: _ l f
. Iw .• 1 ,«a
This
alwmadve suggests the
establishment of d
4KR Captive breed-
ing program on
public
lands within wm=
Rlvmido County.
lids alternative
is considered as
infeasiblo
for Several
masms. In and
of ita4 such I
pmgrant does not
em=;
the recovery of
the species. There
am other biological
consmats, such
Ls
introducing! now
individuals to
ES=L Also. there
"ting populations
is not enough
resulting is nagative
occupied habitat within
impacts to existing
pub& ownership
in the area. As discussed under the
AGENDA ITEM iv,;. 33
�-' PAGE 1< OF.14,
Findings for the Lin « of
plannedthe yroject, A program dm mot Provide Wmwdim fands for
acquUmon of
.^ r,. This d
approach • •establish a•..: .r • •: the. speciss
andrely
Captive B=diug program thera is not amough land in public owi m the
sm to ensure preservation
peciom As also Wintifled for the CAptive
Breeding
• _•11' ...n .•. remove do J• ..resulatory
F= this di
• 1 . r • .\ in - M -i • 1
jective& For Olts* M0001, 'ft
Xtwd finds -this almn4tive to be infeei
While this alternative would- yrovide for presavai of �KR hai
=all ii parock of Iland would We
premygdW • • 1
• r .1 1 • • - County •.1 r.• yled, 1U . • .. • ..
s this
davolalW. tobe inhtasi6la for •t.above teamm.
recovery7. 11=3Wdm%1m=UP11S
plan for this
SXRwould
• •.•
as •r.., • 1 rl • NI• w. • • 1 . . • v to 6...m wu
logs. Mile this ternadve would provi__ for eavtommitel, b=4,,m similar
to it= gpoloi pmect, the Sbort-T= HCP, it would provide no authorizadon
for i1x
• •• • •• • no
Cu
• it.• •-
y.
• sr • •. a.-• • would •r• 1 -which will••1 r •1
It
. •.1 i • • y l: u n r 1he HCP-
the sl= -Te= HCF A=madvw discussed in the Final Joint EWMC
1. MW KQ:emJI= Absoadve
lihe no -project .
alternative assurnes that no dim
would bip mada
to
prepare1 «• and dat a
sce• •1 .1. ofexisting
Section •-. luwould•be
occupied .� habitat .. •
pursued. ltd
0== through
1 is
the
• 1 ' prohiWtion by,
'J t • through Y b •• 1
.• t.• • t ' •.. i 1 •. •would occur •1 1. ..
Ir. • 1 .'yt.•
of
AGENDA ITEM NO. 33
�
PAGE _! YJ_ OF 16
REPORT TO CITY COUNCIL
DATE: JUNE 26lQQn
S JE T:, 1990/1991
PREPARED BY: `� 7 ��ROVED BY:
Ray Wood, Administrative-_, Ron
Services Director
Each fiscal year the City Council and Board of Directors
consider and adopt a budget as a financial plan of operations
for that fiscal year.
The budget for the 1990/1991 Fiscal Year has been prepared and
presented to the City Council Finance Committee and to the
City Council. The budget is presented herein for final
consideration and adoption.
The budget as presented is balanced and represents a very
ambitious program for the 1990/1991 Fiscal Year. It provides
for an on going high level of services to the citizens of Lake
Elsinore.
FISCAL IMPACT
The budget is balanced with respect to all funds and will
allow some growth in the City's reserves.
RECOMMENDATION
It is recommended that the City Council approve and adopt the
budget as presented.
AGENDA ITEM NO. .=^ 1—
PAGE OF d^
RESOLUTION NO. q0_ �5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING AND
ADOPTING THE BUDGET FOR FISCAL YEAR 1990/1991 AND
APPROPRIATING THE FUNDS NECESSARY TO MEET THE
EXPENDITURES SET FORTH THEREIN.
WHEREAS, the City Manager has submitted to the
City Council of the City of Lake Elsinore a budget for
Fiscal Year 1990/1991, having proposed expenditures for
the general fund in the amount of $8,364,000 and
available revenues and carry-over funds which total
$9,171,3000; and
WHEREAS, the City Manager has submitted to the City
Council of the City of Lake Elsinore a Budget for Fiscal Year
1990/1991 having proposed expenditures for Capital
Improvements and Restricted funds in the amount of
$4,154,000 and available revenues and carry-over funds
which total $5,636,900; and
NOW, THEREFORE, the City Council of the City of Lake
Elsinore, California, does hereby find, determine and declare
that the budget for the Fiscal Year 1990/1991 is hereby
PASSED, APPROVED AND ADOPTED this 26th day of June, 1990, by
the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENTS: COUNCILMEMBERS:
ABSTENTIONS: COUNCILMEMBERS:
GARY M. WASHBURN, MAYOR
CITY OF LAKE ELSINORE
ATTEST:
VICKI L. KASAD, CITY CLERK
APPROVED AS TO FORM AND LEGALITY:
JOHN HARPER, CITY ATTORNEY
AGENDA ITEM NO—2-4--
PAGE OF�
REPORT TO THE CITY COUNCIL
DATE: JUNE 26, 1990
SUBJECT: Recovery of Expenditures
for the demolition of
�` 18520 Collier Street
APPROVED BY: &Ve^ D BY'
Dave Gun an Ron Mol dyk
Communit evelopment City Manager
Director
BACKGROUND:
Pursuant to City Ordinance 797 and the State Health and
Safety Code for the abatement of substandard buildings, the
structure at 18520 Collier Street has been demolished by a
demolition contractor hired by the City.
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 $8.352.00
2. Building Department administrative
cost $ 195.00
3. Administrative services cost (9%) $ 751.68
TOTAL $9,298.68
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 lien on the
property to recover all pertinent costs and interest accrued
thereon.
STATEMENT OF EXPENSE
for the abatement of
18520 Collier Street
Contract to demolish structures $8,352.00
Building Department administration
costs $ 195.00
Administrative Services cost (9%) $ 751.68
TOTAL $9,298.68
Owner Information: Jerry Reis
16141 Malaga Lane Apt B.
Huntington Beach, CA 92647
Property Address: Known as 18520 Collier (all structures on
parcel)
Assessor's Parcel #: 377-080-026-5
Legal Description: .50 Acres M/L in Por Lot 5 Blk 4 MB 005/105
North Elsinore Tr and Por Lot 15 MB 013/620
SD Walls First Add
Date: Signed By:
TO:
FROM:
DATE:
SUBJECT:
CITY OF LAKE ELSINORE
Pimm' 01111'1'
Honorable Mayor & City Council
Dave Gunderman, Community Development Director
June 26, 1990
Rancon, Freeway Landscaping
The attached letter has been received by staff on June 21,
1990. The letter outlines an implementation program to
landscape the freeway off -ramp area adjacent to Rancon's
parcel at Central and Collier. Although Rancon again has
asked for reconsideration of this condition, staff would
suggest Council review the attached letter and advise
regarding the implementation program.
/bd
AGENDA ITEM NO. � J
PAGE OF J D
Mr. Dave Gunderman
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92330
June 18, 1990
RE: PETITION FOR RECONSIDERATION OF CONDITION NUMBER 42 OF
APPROVAL OF TENTATIVE MAP NO. 24571
Dear Mr. Gunderman:
We have spent considerable time, effort and money to attempt to
understand the implications of the .imposed condition on our
project.
We hired HRP LanDesign to investigate the issues, and following is
their understanding of what it will take to comply with the City
of Lake Elsinore's Condition of Approval Number 42 requiring
landscaping within the CalTrans right-of-way:
42. The property owner, or any subsequent property owner or
assigns, shall design and provide for the landscaping along
off -ramp from freeway off -ramp to project site and participate
in any freeway landscaping funding mechanisms subsequently
approved and adopted by the City and/or CalTrans.
Implementation steps are as follows:
STEP 1 - LAKE ELSINORE I-15 CORRIDOR CONCEPTUAL LANDSCAPE PLAN
The City of Lake Elsinore shall provide Rancon with a CalTrans
approved conceptual landscape plan for use in implementing the
freeway landscaping program between the Rancon commercial
project and I-15 off -ramp at Central. This program/ landscape
plan is in the process of being submitted to CalTrans by the
City of Lake Elsinore as discussed with Dick Watenpaugh with
Community Services, City of Lake Elsinore, April 26, 1990.
STEP 2 - LANDSCAPE WORKING DRAWINGS
The developer will then have landscape working drawings
prepared conforming to the state highway standards and
specifications. These standards will include the following
requirements unique to the state:
A. State testing of all materials used on the project
B. State testing of all root stock for all plant material
27720 Jefferson Avenue
Temecula. California 92390 !r
(713) 676-666.4
AGENDA ITEM NO.
PAGE OF� 1D_
Dave Gunderman
June 18, 1990
Page two -
C. The developer must locate all existing utilities that may
cross the state right-of-way
D. Restricted planting area of 10' from the right-of-way
fence
E. Restricted planting area of 30' from the edge of traveled
way (ETW)
Landscape plans are then submitted and approved through the
CalTrans permit office and the City of Lake Elsinore.
STEP 3 - CONSTRUCTION CONTRACT
Once the plans are approved CalTrans requires a public bid
with prevailing wage and provisions for disadvantaged and
minority businesses. The contractor will also be required to
provide a construction and payment bond to CalTrans.
STEP 4 - CONSTRUCTION INSTALLATION
The state will require Cal -Trans inspection by their permit
inspector during the construction of the project.
STEP 5 - LANDSCAPE MAINTENANCE
The installing contractor will be required to provide one year
of establishment maintenance once the project installation
phase is accepted by CalTrans. After the one year
establishment maintenance, the state will accept the project.
At that point the developer will then be required to provide
nineteen years of permanent maintenance guaranteed by a
performance and maintenance bond, secured by a signed
agreement between the city, developer and CalTrans.
RANCON COMMENTS•
The conceptual landscape plan has yet to be submitted to CalTrans.
During our original "conceptual site plan" submittals, in which we
were required to donate 4,200 square feet of land at the corner of
the freeway off -ramp and Central Avenue, we were assured that we
would have the opportunity to review the freeway landscape plan
prior to submittal to CalTrans. The design was to incorporate
plantings assuring visibility to our project by the important Z-15
traveler/consumer. We have yet to see the plan, and respectfully
request the city to hold up its end of the bargain since Rancon has
already provided the easements for the 4,200 square feet of land.
Due to the 10' set -back from right-of-way fence, and 30' from the
edge of the traveled way, the areas available to be landscaped are
minimal in size and are mostly in slopes only visible from the
backside of our proposed project.
AGENDA ITEM 140.. �, „
PAGE OF1_
Dave Gunderman
June 18, 1990
Page three -
Regarding the developer being required to provide nineteen years
of permanent maintenance guaranteed by a performance and
maintenance bond, it was our understanding that the city was to
provide on-going maintenance after installation by the city's
lighting, landscape, and maintenance district, and not the
developer.
In closing I would like once again to restate our position of what
is more fair and equitable, and still obtain the city's goal of
having landscaped freeways along the I-15 corridor.
The freeway landscaping program, when planned and implemented, will
become a benefit to all the people who live in Lake Elsinore. The
landscape plan cost and timing are issues which are undetermined
at this time. We have always felt that landscaping the freeway was
of benefit to all, and that we should be required to participate
in a future freeway landscape program, but not required to install
the undetermined landscape program at this time.
It is our hopes that the information and comments provided herein
will enable you to grant our request for reconsideration of
Condition No. 42.
Respectfully submitted,
Owner of Property in Map 24571
Rancon Realty Fund IV,
a California Limited Partnership
By: Rancon Financial Corporation
a California Corporation
General Partner
By: �Wm
Len J. Vi
LJV:ls
Attachments:
President,
ect Manager
cc: Ronald Molendyk, City Manager, City of Lake Elsinore
John Harper, Esq., City Attorney, City of Lake Elsinore
Ron Kirchner, City Engineer, City of Lake Elsinore
Gary Washburn, Mayor, City of Lake Elsinore
Roger G. Galloway, General Counsel, Rancon Financial Corp.
Ronald E. Douglas, President, Rancon Financial Corp.
John M. Shaw, Senior Vice President, Development
AGENDA ITEM No. "5,
PAGE OF�"_
June 18, 1990
Mr. Dave Gunderman
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92330
RE: STAFF'S RECOMMENDATION TO CITY COUNCIL ON MAY 22,
1990, CONDITION NO. 42, TENTATIVE MAP NO. 24571
Dear Mr. Gunderman:
Regarding the memorandum written by yourself, and heard at City
Council on May 22, 1990, we have the following comments:
RECOMMENDATIONS: - Council appears to have three options:
STAFF OPTION A•
Require Rancon to comply with Condition No. 42 as approved and
designed, and provide for landscaping along the freeway off -
ramp.
RANCON COMMENTS:
Enclosed is another copy of our original request for
reconsideration dated January 25, 1990. We still feel that
all issues addressed in this letter are still valid. Please
review again and see if you don't agree also.
STAFF OPTION B•
Require Rancon to participate in a future freeway landscaping
program, but not install the landscape at this time.
RANCON COMMENTS:
We have always felt that landscaping the freeway was of
benefit to all, and agree to participate on an equitable basis
in a future freeway landscaping program.
STAFF OPTION C:
Approve a modification of Condition No. 42, which requires
Rancon to install 24" box trees in keeping with the conceptual
plans previously discussed, and provide temporary irrigation
to those trees at this time, but not require ground cover or
other landscaping and permanent irrigation to the area until
the city adopts a city-wide program for implementation and
funding of the freeway landscaping scheme.
27720 Jefferson .Avenue
Temecula. California 92390
(714) 676-6664
AGENDA ITEM NO• L—
/ \
PAGE OFS�O
---
Dave Gunderman - Petition
June 18, 1990
Page two -
RANCON COMMENTS•
We are very concerned about the type and location of any trees
proposed to be installed which will affect the visibility of
our project to the I-15 traveler/consumer. We feel the city
should be too; therefore, we request that any freeway
landscape plans not be formally adopted by the city or
submitted to CalTrans for processing without first considering
its impact on our site visibility. Also, "temporary" water
and maintenance for undefined period is onerous.
DISCUSSION•
Staff has reviewed conceptual landscape plans for freeway rights-
of-way. These plans identify plant materials and landscape themes
to be used uniformly along the freeway and at freeway interchanges.
These plans have not been formally adopted by the city, nor has a
funding mechanism been established. Also, CalTrans has not
approved the plans.
RANCON COMMENTS•
Again, we are very concerned about the type and location of
any trees proposed to be installed which will affect the
visibility of our project to the I-15 traveler/consumer. We
feel the city should be too; therefore, we request that any
freeway landscape plans not be formally adopted by the city
or submitted to CalTrans for processing without first
considering its impact on our site visibility.
In closing I would like once again to restate our position of what
is more fair and equitable, and still obtain the city's goal of
having landscaped freeways along the I-15 corridor.
The freeway landscaping program, when planned and implemented, will
become a benefit to all the people who live in Lake Elsinore. The
landscape plan costs and timing are issues which are undetermined
at this time. We have always felt that landscaping the freeway was
of benefit to all and that we should be required to participate in
a future freeway landscape program and not be required to install
an undetermined landscape program at this time.
It is our hopes that the information and comments provided herein
will enable you to grant our request for reconsideration of
Condition No. 42.
AGENDA ITEM NO. IIS
PAGE OF_1 v
Dave Gunderman - Petition
June 18, 1990
Page three -
Respectfully submitted,
Owner of Property in Map 24571
Rancon Realty Fund IV
a California Limited Partnership
By: Rancon Financial Corporation
a California Corporation
General Partner
By:
LJV:1s
Len J. Vierra Vice President Project Manager
Attachments:
cc: Ronald Molendyk, City Manager, City of Lake Elsinore
John Harper, Esq., City Attorney, City of Lake Elsinore
Ron Kirchner, City Engineer, City of Lake Elsinore
Gary Washburn, Mayor, City of Lake Elsinore
Roger G. Galloway, General Counsel, Rancon Financial Corp.
Ronald E. Douglas, President, Rancon Financial Corp.
John M. Shaw, Senior Vice President, Development
AGENDA ITEM NO. —6 —
PAGE-2—OF-1.9—
January 25, 1990
Mayor and City Council of the
City of Lake Elsinore
130 S. Main Street
Lake Elsinore, CA 92330
Re: Petition for Re -Consideration of Conditions Number 42 of
Approval of Tentative Map No. 24571
Dear Mayor and City Council:
At the regular meeting of the City Council on Tuesday, January 9, 1990, the Council
considered approval of Tentative Tract Map 24571 and related matters as set forth in the
report submitted by Mr. Dave Gunderman, Community Development Director. A copy of
said report is attached hereto for each of reference.
The Council approved the map subject to certain conditions which included Condition
Number 42. A copy of the Council's action is also attached.
Petitioner is the applicant and developer of the proposed tract which is intended to be
developed as a multi -use commercial retail development.
Petitioner objects to Condition Number 42 on the grounds that it is unfair, inequitable, and
constitutes an onerous economic burden on the subject project and is unlawful.
Petitioner respectfully requests that the Council reconsider Condition Number 42 and delete
such Condition. Petitioner requests the Council to substitute in lieu thereof the Condition
Number 42 in the referenced report of January 9, 1990 from the Community Development
Director.
The Condition is unfair and inequitable in its present form because there are other projects
similarly located adjacent to the same freeway within the City which have not been required
to bear such burden. Such projects are:
77720 Jefferson Avenue
Tcmccula. California 92390
(714) 676-6664
AGENDA ITEM NO. t� I
PAGE OF
Mayor and City Council of the
City of Lake Elsinore
January 25, 1990
Page 2
Project
Shoppers Square
In & Out Burger
Carls Jr. Center and
Travel Lodge Motel
Chevron Gas Station
Friedman Homes
Railroad Canyon Road
Railroad Canyon Road
Railroad Canyon Road
Central Avenue
Railroad Canyon Road
I-15 Freeway Location
Southbound onramp
Northbound onramp
Southbound offramp
Northbound offramp
Northbound onramp
The condition in its present form is unfair in that no standards or guidelines uniformly
applied have been promulgated or furnished to Developer. Therefore Developer is subject
to arbitrary and capricious requirements and standards for the required landscaping and the
resultant cost.
The Condition in its present form constitutes an onerous economic burden. The
landscaping outline suggested by John Ballew, the City's consultant, was estimated to cost
upwards of One Million Dollars (51,000,000.00) per freeway interchange or Two Hundred
dcaoll az(S250,000-00)
per
offramp. This
tmaintenance of
landscapingexceeds thecostof one acre oand in he pojectofscarelytwenty
acres!
The condition in its present form is unlawful. Developer does not own the real property
to be landscaped and maintained nor does it have any rights whatsoever in such land. It
is entirely speculative whether the federal agency which owns the property will specify
particular conditions to such rights, including the type and form of landscaping, leaving the
cost of acquiring the necessary rights and definition of specifications and ultimate costs to
further speculation, making it nearly impossible to comply with the condition to design and
install the landscaping.
AGENDA ITEM NO. Q
PAGE ` OF � ( ,
Mayor andCity Council of the
City of Lake Elsinore
January 25, 1990
Page 3
The Developer respectfully suggests that the equitable and economically fair method of
securing the admittedly necessary landscaping is to form a landscaping maintenance
assessment/benefit district of which Developer's property would be an appropriate part.
Respectfully submitted,
Owner of Property in Map 24571,
RANCON REALTY FUND IV,
a California limited partnership
By: Ranco Fr ancial Corporation,
a Cali i corporation,
M
RGG/pd
Attachment
Douglas, President
cc: John Harper, Esq., City Attorney, City of Lake Elsinore
Ronald Molendyk, City Manager, City of Lake Elsinore
Gary Thornhill, City PIanner, City of Lake Elsinore
John Ballew, Special Projects Manager, City of Lake Elsinore
AGENDA ITEM No.
PAGE oF- 1L0
CITY OF LAKE ELSINORE
MEMORANDUM
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: DAVE GUNDERMAN, COMMUNITY DEVELOPMENT DIRECTOR
DATE: JUNE 20, 1990
SUBJECT: TIME EXTENSION FOR TENTATIVE PARCEL MAP 23381
(K -MART)
BACKGROUND
The applicant is requesting a one (1) year time extension on
the Tentative Parcel Map that expires on June 26, 1990.
Grading, drainage, landscaping and outside storage has been a
concern to the City since construction of K -Mart. Staff has
had extensive contacts with Mr. Leonard O'Byrne and the
K -Mart Corporation.
Grading and drainage issues are still unresolved. These
issues are a result of grading not in conformance with
approved grading plans including off-site grading performed
by Camelot Properties. The development of the Days Inn on
Parcel No. 3 will solve these issues; however, it will cost
the developer extra to correct the drainage problems. Also,
illegal dirt piling on Parcel No. 2 is not in conformance
with the approved grading plans.
Landscaping issues have been discussed with staff. A new
water pump has been installed on the Mission Trail property
line to provide necessary pressure for irrigation. The
applicant claims improvements to the existing landscaping
will shortly follow.
Outside storage of Garden Center has been partially cleaned
up; however, staff is not satisfied with the progress.
Storage containers in the back of the K -Mart building are
expected to be removed by July 15, 1990. Staff site
inspections have revealed that one of the containers was
removed from site but now it is back on the premises which is
in conflict with the agreement reached between the staff and
applicant.
Staff recommends approval of the Time Extension for a ninety
(90) day period extending the Tentative Parcel Map till
September 26, 1990. Issues discussed in the Staff Report and
the attached letters shall be in full compliance to the
satisfaction of the Community Development Director before
additional extensions are granted.
/cm
AGENDA ITEM NO. _LZ_ —
PAGE / OF-:-
April 24, 1990
(✓ify o fake a5ino2e
CITY HALL
130 SOUTH MAIN STREET
LAKE ELSINORE, CALIFORNIA 92330
Telephone (714) 674-3125
Scott A. Mommer
President
Lars Andersen & Associates, Inc.
3040 E. Olive Avenue, Suite 103
Fresno, CA 93701-1395
Re: Time extension for Tentative Parcel Map 23381, Kmart
Dear Mr. Mommer,
The Planning Division has received your request for a time
extension for Tentative Parcel Map 23381 which expires April
26, 1990. With the receipt of your request, the Subdivision
Map Act grants an automatic sixty ( 60 ) day extension on the
map. The time extension must be heard by the City Council
within these sixty days. The City has taken a position to
deny the time extension if the following concerns are not
addressed:
1. Parking lot -
a) Restripe the whole parking lot to its original
approved state (refer to Conditions of Approval 29
through 36 for Commercial Project 87-13).
b) Remove all the Garden Center items from the north
parking lot.
c) Remove all the storage containers from the east
parking lot, post it as employee parking and
require Kmart employees to park in the designated
spaces (Condition 32).
2. Landscaping (Condition 37 and 38)-
a) Replant and maintain slopes.
b) Replace broken irrigation line on pads and
replant.
PAGE Z OF 14
April 24, 1990
Gcty c j fake Glsincte
CITY HALL
130 SOUTH MAIN STREET
LAKE ELSINOR E, CALIFORNIA 92330
Telephone (714) 6743125
Scott A. Mommer
President
Lars Andersen & Associates, Inc.
3040 E. Olive Avenue, Suite 103
Fresno, CA 93701-1395
Re: Time extension for Tentative Parcel Map 23381, Kmart
Page 2
c) Comply with all approved landscaping
and plans.
3. Grading of the unimproved pads and
satisfaction of the Building Official.
conditions
lots to the
It is best to reply to all the above concerns promptly and in
writing; giving the Planning Division a time table on the
expected dates of compliance.
Please refer to the enclosed submittal requirements for
Tentative Parcel Maps and submit all the circled items no
latter than May 17, 1990. Consideration by the City Council
for your time extension application has been scheduled for
June 26, 1990. If you have any concerns, please call me at
(714) 674-3124, ext. 279.
Sincerely,
CITY OF LAKE ELSINO$X"
Saied aaseh
Associate Planner
SN:bd
cc: Richard Williams, Kmart Corp.
T. Leonard O'Byrne, Camelot Property
AGENDA ITEM, NO. 5a
PAGE ) OF.!' -.---
#Cm4w-l� corporation
Saied Naaseh-Shahry
Associate PLanner
130 s. Main Street
Lake Elsinore, CA
Dear Mr. Naaseh-Shahry,
_. K 6�; t ! Y rb-0 v
STORE NO.
17th MAy 1990
As per our conversation yesterday, please find below a list of actions
requested by your office and our expected date of compliance.
Merchandise presentations outside perimeter of building removed from area
will be completed by May 30th, 1990.
Restripping of parkinglot back to orginal site plan has been completed.
Removal of storage containers from rear of building will be accomplished
by July 15th. Currently there are 3 containers and we expect to remove one
unit every 3 weeks. The attached request for a 60 day time frame has been
forwarded to Mr. Gunnerman per your suggestion.
Landscape improvements to the front of the site(facing Mission Trail) will
be started as soon as the pump(irrigation pressure boosting pump) is repaired
and we expect significant improvement to be noted within 30 days.
As per our conversation the landscaping of the rear area will be completed
when the neighboring projects are installed to eliminate duplicate effort.
PL.ease do not hestitate to call me should you require any additional infor-
mation or follow-up. Also, as we discussed, should any of your code enforcement
personnel wish to discuss with me any matter, please make them feel free to call
apon me here at the store.
I trust this will enable you to approve our request for additional pads to be
converted to parking.
REspectfully,
-z'6?dj.4�'`"
Wm./ (Bill) Chas. Boyer, IV
Manager KMArt #3704
(43) 0-944007-111
AGENDA ITEM( NO. 5a
AQF
RAGE ` �
�R1C7r* Corporation
Planning Department
City of Lake Elsinore
Main Street
Lake Elsinore, CA
Re;KMart Maintenance Status
'_b whom it may concern;
K LUL._.►' -
J U'" 131990
STORE NO.
June 15th, 1990
To bring you up to date asto our progress regarding compliance to City
codes and ordinances(re; letter May 16th 1990);
Garden Corral has been eliminated (area behind Garden Center) as agreed.
Trailers are being emptied and will be Off site by July 15th, as agreed.
Pump has been replaced (was re -installed 6-14-90)
Three landscape contracters have been solicitated for bids to bring the
project back to the specifications required under the terms of approval.
Mr. Richard Reinhart (Regional Maintenance Manager) has taken full respon-
sibility to see that this project is brought back to standards. The contract
to relandscape the property will be given to the chcosen landscape contracter
and this firm will also be awarded the maintenance contract for the property.
This will insure that the property will not revert once completed. Asto the
details of this, feel free to contact Mr. Reinhart at our Regional office.
(1-818-915-7233, Covina, CA)
The delay in starting the landscape improvements has been soley due to the
sprinkler pressure pump repair, which took longer than expected to re -install.
As we had -indicated in the previous letter, it would have been fool -hardy to
replace the landscape material before adequate watering could be provided.
outside merchandise displays are now limited to those which a permit has been
issued for, with the exception of rolling bedding racy: displays. These racks
are in use in a variety of retailers in town, therefore we assume that these
are not prohibited.
Please feel free to contact myself or Mr. Reinhart should you require any in-
formation. Thank you for your continued patience, we are co=tted to fulfilling
our community committments!
Regards,
Bill Boyer
Manager KMart #3704
(43) 0.944007-111
AGENDA ITEM NO.
PAGE 5 OF T
OF APPROVAL FOR TENTATIVE PARCEL MAP 23381
1. Tentative Parcel Map 23381 shall expire two (2) years from date
of approval unless extended pursuant to State and Local Law or
recordation of Final Map occurs.
2. Development of Parcels 1-6 of Parcel Map 23381 shall conform to
Commercial Project 87-13 Design Review Conditions of Approval
granted by City Council on February 9, 1988. Conditions #5,
#11, #13, #23, #24, #26, #45, #48, #49, #51, #52, #54 through
#66, #68, #70, #71, #75, #76, #78 of the Design Review
Conditions for Commercial Project 87-13 shall apply to the
Parcel Map and shall be satisfied prior to recordation of a
Final Map.
ENGINEERING DEPARTMENT CONDITIONS
3. Prior to recordation of Final Map, applicant shall dedicate by
separate instrument or as certificate upon the Final Map the
following for road purposes:
a) 10 feet along the Malaga Road frontage of
Parcel 2;
b) 20 feet along the Mission Trail frontage
of Parcel 1, 2, 5 and 6.
& A 0 0 22
f 16-85 'O'~
A IID
52'
AGENDA ITEM NO.
LL
PACE OFA
I. Approval of Commercial Project 87-13 is subject to approval of
Zone Change 87-10.
2. Design Review approval for F -Mart will lapse and f a void unless
date
Building Permits are issued within one (1) year
of City Council approval.
3. All conditions of approval, except as modified herein, shall be
fully implemented within the project design in all phases
and/or strictly adhered to.
4. The project shall be constructed in substantial conformance
with submitted revised development plans dated stamped January
4, 19ss, except as modified by conditions herein.
5. All required off-site improvements, including street lighting,
shall be completed in accordance with improvement plans
approved by the City Engineer prior to release of utilities and
issuance of Certificate of Occupancy.
6. Applicant shall comply with all applicable City Codes and
ordinances.
7. Applicant shall comply with City Noise and Grading Standards
during construction phases of development.
a. Plot plan approval is granted for Phase I. Phase II is shown
in concept only and shall be subject to full Design Review
approval with regard to building elevations, floor plans, site
and grading plans, and parking. All aspects of Phase III shall
require additional Design Review once a design concept is
proposed.
9 Free-standing buildings, "B", "C", and "D", of Phase I shall
recraire Design Review approval of the elevations and specific
site plans.
1o. Applicant shall record a parcel map that is consistent with the
Phasing plans of the center.
11. The project shall connect to sewer.
12. Trash enclosures shall be constructed per City Standards as
approved by the Community Development Director.
13. Applicant shall paint the curb red and shall stripe a Class II
bikeway to Cal Trans standards along Mission Trail to the
satisfaction of the City Engineer.
14. Bicycle racks shall be provided adjacent to major commercial
uses and fast food restaurants. Placement, design and quantity
shall be indicated on the final Landscaping Plan, and subject
to the approval of the Director of Community Development.
15. 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
requirea prior to the erection of each sign.
16. All exterior lighting sources shall be shielded and directed
on-site so as to not create glare onto neighboring property and
streets, or allow illumination above the horizontal plane of
the fixture. Except for mininumly required security lighting,
AGENDA ITEM NO. L' i
{ ,
Y
• • *Ijvw•y;•e; '•; •ytypl;•l IC•J 4
all exterior lighting shall be placed upon timers such that
Chase lights turn off and remain off one (1) hour after closing
to the following evening. This shall include building and
parking lot lighting systems.
17. No outdoor storage shall be allowed for any tenant, unless
completely screened with solid screening from public view to
the satisfaction of the Community Development Director.
18. All remaining buildings within the center shall incorporate
similar or compatible architectural treatment as indicated upon
the X -Mart structure.
19. All loading doors, and trash compactors shall be screened from
adjacent properties or streets. This screening shall include a
combination of decorative block walls and landscaping subject
to review and approval of the Community Development Director or
his designee.
20. Proposed restaurant uses shall comply with the parking
standards provided in Title 17, and provide a parking analysis
for the entire center to determine parking compliance.
21. Construction generated dust and erosion shall be contained in
accordance with the provisions of the Municipal Code and using
best construction practices. Interim erosion control measures
shall be taken 30 days after rough grading, as approved by the
Chief Building Official.
22. All undeveloped and/orconstruction areas associated wi`.h the
site shall be maintained in a safe and neat manner an all
times.
23. On-site surface water run-off shall not cross the sidewalks.
24. F final grading plan shall be submitted and shall be subject to
the approval of the Chief Building Official.
25. Drainage from the garden center shall not flow directly into
the storm drain system, this shall be to the satisfaction of
the Chief Building Official and the City Engineer.
26. The toe of any slope shall not be within two -feet (2') of any
property line.
27. Surface drainage fron,;Phase III shall be diverted to down
drains and not sheet flow over `she slope behind Phase I.
28. Any proposed metal mailboxes shall be treated to blend with the
center's design theme. A detail shall be included in the
building plans, subject to the approval of the Postal Service
and `she Director of Community Development.
29. Meet all State handicap requirements. Relocate one (1)
handicap stall from building "B" to the front parking area of
X -Mart.
30. Parking stalls shall be double -striped with four -inch (0)
lines two -feet (2') apart.
31. Painted arrows on the asphalt shall be located at all internal
one-way drive aisles.
32. The parking stalls provided to the rear of X -Mart shall contain
at least 50€ standard size parking stalls. These stalls should
be designated for employee parking, and commitment for security
lighting in the employee parking lot shall be provided to the
satisfaction of the Community Development Director.
FP
AGENDA rrCM NO. L i
PAGE OF T
33. All compact parking spaces shall be cleanly marked "compact
cars only".
34. All internal intersections shall have painted stop signage on
the asphalt and to meet the satisfaction of the Community
Development Director.
35. Brick pavers or decorative paving other than Bomanite shall be
edestrian
entrancested of atheheR Mart aisle
thefor
satn at isfaction of theCommunity
Development Director.
36. All ingress/egress drives shall provide decorative pavers or
stamped concrete. The northern most driveway on Mission Trail
shall be reduced to one lane ingress and one lane egress. A
center landscape median shall be provided between the lanes of
all driveways on Mission Trail.
37. All landscaping and irrigation shall be installed within the
affected portion of any phase at the time a Certificate of
Occupancy is requested for any building.
3S. Applicant shall submit a Final Landscape Plan that includes
planting and irrigation specifications in addition to the
following items, to be approved by the City's Consulting
Landscape Architect and the Community Development Director or
his designee.
a) Temporary turf or groundcover and irrigation
shall be installed on all vacant building pads
not under construction within 30 days after
final grading.
b) The Final Landscape Plan shall include
screening of all transformers, backflow
or metering devices and other ground mounted
equipment.
C) All planting areas shall be separated from
paved areas with a six-inch (6") high concrete
Curb.
d) Planting within fifteen -feet (151) of ingress/
egress points shall be no higher than
ti,irty-six inches (36").
e) Interior planter island shall be five -feet
(5') wide and at least ten -feet (10') long and
planted with an appropriate parking lot shade
tree to provide a tree for every ten (10)
stalls on each row. Irrigation and ground
cover shall be provided.
f) Provide for twenty -four -inch (2411) box trees
adjacent to the K -Mart building. Applicant
shall provide proof on the Building Plans that
the building footing will not interfere with
such plantings.
h) All cut or fill slopes in excess of three -feet
(3') shall be planted and automatically
irrigated as follows:
it
2
AGENDA ITEM NO.
PAGE q _ OF--�-
100% coverage with a ground cover of
a permanent variety.
40% coverage or 25 shrubs per 1,000
square feet which ever is greater;
70$ to be one (1) gallon in size,
the remaining five (5) gallon.
�oxDlTToxs QF APPRO4AL PSR Co?p== PRQ:MQ 67-13 Cox^_7xyED
3. Two (2) trees per 1,000 square feet
or one (1) tree per 30 lineal feet,
whichever is greater; 75t to be five
(5) gallon in size, the remaining
fifteen (15) gallon.
4, on the south elevation replace the
slower growing trees, such as Crepe
Myrtle, with faster growing trees
such as Canary Island Pine.
i) All cut or filled slopes less than three -feet
(3') in vertical height shall provide 100%
coverage with ground cover and automatic
irrigation.
j) Climbing vines or smallplanters with small
accent trees to be provided on the south
elevation underneath the trellis.
35. Splitface block shall be used at the front elevation of R -Mart
and as the pillar element of the garden center, also the south
elevation as depicted on the exhibit.
40. All roof mounted equipment shall be at lest six -inches (611)
lower than the parapet wall or top of equipment well and shall
be painted to match the building. Freeway visibility of roof
top ecuipment will be addressed to the satisfaction of the
Community Development Director. Evidence -,of compliance shall
be included in building plans.
41. Materials and colors depicted on the materials board, date
stamped 12-10-57, shall be used unless. modified by the
Community Development Director.
42. No exterior roof ladders shall be permitted.
43. All exterior downspouts shall be painted to zatch the building.
and shall be channeled under the sidewalks.
44. At the time of grading operations, the. construction and
landscape superintendent(s) shall meet with City staff to
review conditions and discuss inspection and final building
release procedures.
45. Meet all requirements of the Elsinore Valley Municipal Water
District (EVMR'D). Applicant shall submit water and sewer plans
to to Z%rX6D and shall incorporate all district conditions and
standards.
46. Meet all requirements of the Riverside County Health Depart-
ment.
COUNTY FI RD D'PAR"=-NT CONDITIONS:
47. Meet all recruirements of the Riverside County Fire Department:
a) The Fire Department is requried to set a
minimum fire flow for the remodel or
construction of all commercial buildings using
the procedure established in Ordinance Noi
546.
b) Provide or show there exists a water system
capable of delivering 6500 GPM for a 3 hour
duration at 20 PSI residual operating pressure
which must be available before any combustible
material is placed on the job site.
71
AGENDA ITEM NO.
PAGE--LbOF 14 L�
•s
C)
A combination of on and off -cite super
fire hydrants, on a looped system
(6"x4",2 -1/2x2-1/2), will be located not less
than 25 feet or more than 3.65 feet
from
along
portion of the buildingmeasured
approved vehicular travelways. The required
nssieale from any �c
ent
fire
)n thesyst
d) Applicant/developer shall furnish one copy of
the water system plans to the Fire Department
for review. Plans shall conform to the fiirree
hydrant types, location and spacing, and,
system shall meet de fire flow
by requirements.
Plans shall be sign /aPP
a registered
civil engineer and the .local water company
with the following certification: "I certify
that the design of the water system is in
accordance
Ri Riverside county Firer Departmenirements escribed by
the
e) Comply with Title 19 of the California
Administrative Code.
f) Install panic hardware and exit signs as per
Chapter 33 of the Uniform Building Code.
g) Certain designated areas will be required to
be maintained as fire lanes.
h) Install portable fire extinguishers with a
minimus rating of 2P.-100- pCopeacplacemen�lo`
extinguisher company
ec.:ipment.
i) Install a complete fire sprinkler system in
all buildings 12,000 square foot or larger.
The post indicator valve and fire department
be located to the front,
connection shall
within 50 feet of a hydrant, and a minimum of
25 feet from '..he building(s). A statement
that the build- ing(s) will be automatically
fire sprinklered must be included on the title
page of the building plans.
j) Install a supervised waterflow fire alarm
system as required by the Uniform Building
Code.
k) Applicant/developer shall be responsible to
provide or show there exists conditions set
forth by the Fire Department.
i) Final conditions will be addressed when
building plans are reviewed in Building and
Safety.
ENGT N--RT1 ?2-- Ti''�T CDi'D NS t
sunce
48. Dedicate undergrounddocumenticanwater rghtsbeoobtainedthe Cityinrthe Engineering
opior to is
f building Permit,
Department.
d cooperate with the City in forming a
49. Sign agreement an
Lighting and Landscaping District (Resolution 86-26, 86-27,
86-36); document can be obtained in the Engineering Department.
50. Eydrolocy and hydraulics study shall be submitted to the
Engineering Department for review and approval.
r�Crr�� ; ,
L
AGENDA. !TES,' NQ.
Q��
U
51. 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.
52. Submit a letter of verification to the City Engineering
Department, from the applicable water district, stating water
and sewer arrangements have been made for this project prior to
applying for encroachment permit.
53. Provide street lighting and indicate on street improvement
plans as required by the City Engineer.
54. work done under encroachment permit for off-site improvements
shall be delineated on street improvement plans and be approved
and signed by the City Engineer prior to issuance of grading
permit.
55. Public works Improvement plans and specifications shall be
prepared by a civil engineer and include signing and striping
plans and must be approved before issuance of grading permit.
Be..Post required bonds for public works improvements as
established by the City Engineer.
57. Meet all requirements of Chapter 12.08 of the Municipal Code
regarding encroachment permits.
58. Meet all requirements of Chapter 16.34 of the Municipal Code
regarding public improvements for buildings and subdivisions.
59. Meet all requirements of Chapter 15.72 of the Municipal Code
regarding grading.
60. Meet all requirements of Chapter 15.64 of the Municipal Code
regarding flood hazard regulations.
61. Meet all requirements of Resolution No. 77-39 regarding capital
improvement fees and encineering plan check fees for other than
subdivisions, Chapter 13.20 and 16.56.
62. Meet all requirements of Resolution No. 83-12 regarding,_:.
installation of improvements as a condition of building
permits.
63. Pay all public safety fees for land use projects subject to
discretionary approval (Resolution 83-87).
64. Coordinate with T & S Development Company in the installation
and upgrade of the traffic signal on Mission Trail, including
contributing for costs of upgrading.
65. Southern and northern driveway's ingress/egress on Mission
Trail shall be limited to right -turn in and right turn out
only. Applicant shall install additional exit lane at the
signal main driveway to the center.
66. Accept and provide for drainage from culverts under Casino
Drive on-site.
67. Acquire slope easements upon abutting property necessary for
construction subject to approval of City Engineer.
68. Design and construct a median on Mission Trail along property
frontage subject to approval of the City Engineer prior to
completion of the first building.
69. T_nsta'_1 a catch basin and street improvements on Malaga Road
prior to completion of the first building at Phase II.
P.GEr'JOA ITEM NO.
PAGE JZ�L -
• • • - Jai •1'R l•J" •S• : J: • � •1• V9�1•
70. Design a traffic signal at Mission Trail and Malaga Road and
transition alignments on Mission Trail south of Malaga Road at
Phase Z, subject to approval of the City Engineer. Contribute
50$ of construction cost for the traffic signal prior to
completion of the first building, Phase II.
71. Construct full street improvements along Mission Trail, prior
to completion of the first building in Phase S.
72. Construct all street improvements on Casino Drive, prior to
completion of the first building in Phase III.
73. Check and verify that the existing thirty-six inch (3E")
corrugated metal pipe crossing Mission Trail has capacity for
R -Mart site d.-ainage. If not, additional drainage system will
need to be installed subject to City Engineer approval. Verify
that twenty-four inch (24") storm drain pipe in Mission Trail
at Malaga Road is outleting at approved location, and that
drainage is accepted and provided for by downstream property
owners.
74. Provide bus stop facility on Mission Trail to be approved by
Lake Elsinore Transit System (L.E.T.S.) and the City Engineer.
75. Contribute $50,000 deposit toward widening of San Jacinto River
B-idae at Lakeshore Drive, if bridge if funded from another
source at time of building permit issuance, deposit will be
refunded.
7E. The applicant shall cause to be recorded an irrevocable
reciprocal parting, circulation and landscape maintenance
easement in favor of all lots, subject to the approval of the
Director of Community Development. In addition, CC & R's shall
be approved by the City attorney and D. ectcr of Cc=='.:-: ty
Development which enforce standards of building maintenance,
participation in landscape maintenance, prohibition of outside
vehicle or material storage.
77. There shall be some sort of provision for pedestrian access
from the Casino/Bctel to the project site.
7E. if reciprocal access can be obtained from the Stater Brother
Shopping Center `when that shall be provided, but if not it can
be waived by the Community Development Director.
PAGE '� OFA -
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`,I5
AGENDA ITEM NO
PAGE- eL OF -L+
ORDINANCE NO. 895
AN ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, REZONING 29.5 ACRES LOCATED ON THE
EAST SIDE OF STONEMAN AND THE SOUTH SIDE OF THE
CURRENT CITY LIMITS FROM RURAL RESIDENTIAL (R -R)
TO SINGLE-FAMILY RESIDENTIAL (R-1). (SOUTH LAKE
ESTATES JOINT VENTURE).
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION ONE: ZONING RECLASSIFICATION
The Zoning Map of the City of Lake Elsinore,
California, is hereby amended by changing, reclassifying and
rezoning the following described property, to wit:
Assessor's Parcel Number 370-120-022
from Rural Residential (R -R) to Single -Family Residential
(R-1) on approximately 29.5 acres, as illustrated in Exhibit
"A" attached hereto, and the said real property shall
hereafter be subject to the provisions and regulations of the
Zoning Ordinance relating to property located within such R-1
Zoning District.
Approval is based on the following:
1. The project will not have a significant impact on
the environment.
2. The project is consistent with the General Plan
Land Use designation.
3. The project is consistent with the pattern of
recent approvals in the area.
by law.
SECTION TWO:
This ordinance shall become effective as provided
AGENDA ITEM NO.
PAGE _ _t — OF C4—
ORDINANCE NO. 895
AN ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, REZONING 29.5 ACRES LOCATED ON THE
EAST SIDE OF STONEMAN AND THE SOUTH SIDE OF THE
CURRENT CITY LIMITS FROM RURAL RESIDENTIAL (R -R)
TO SINGLE-FAMILY RESIDENTIAL (R-1). (SOUTH LAKE
ESTATES JOINT VENTURE).
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION ONE: ZONING RECLASSIFICATION
The Zoning Map of the City of Lake Elsinore,
California, is hereby amended by changing, reclassifying and
rezoning the following described property, to wit:
Assessor's Parcel Number 370-120-022
from Rural Residential (R -R) to Single -Family Residential
(R-1) on approximately 29.5 acres, as illustrated in Exhibit
"A" attached hereto, and the said real property shall
hereafter be subject to the provisions and regulations of the
Zoning Ordinance relating to property located within such R-1
Zoning District.
Approval is based on the following:
1. The project will not have a significant impact on
the environment.
2. The project is consistent with the General Plan
Land Use designation.
3. The project is consistent with the pattern of
recent approvals in the area.
by law.
SECTION TWO:
This ordinance shall become effective as provided
AGENDA ITEM NO. s�
P,GE..L. OF
INTRODUCED AND APPROVED UPON FIRST READING this
12th day of June, 1990, upon the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS:
ABSTENTIONS: COUNCILMEMBERS:
BUCK, DOMINGUEZ, STARKEY, WINKLER,
WASHBURN
NONE
NONE
NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING
this 26th day of June, 1990, upon the following roll call
vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTENTIONS: COUNCILMEMBERS:
ATTEST:
Vicki Lynne Kasad, City Clerk
City of Lake Elsinore
(SEAL)
APPROVED AS TO FORM AND LEGATITY:
City of
, �IZy—Attorney
e lsinore
Gary M. Washburn, Mayor
City of Lake Elsinore
AGENDA ITEM NO.
PAGE M� OF
ORDINANCE NO. 896
ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE APPROVING THE LAKE
ELSINORE OUTLET CENTER SPECIFIC PLAN
MAKING CERTAIN FINDINGS WITH RESPECT
THERETO (MCARTHUR/GLEN GROUP)
WHEREAS, there has been tried an application by the
nter
McArthur/Glen Groan area heLake
aconsists nofeOutlet
for43 acres feland
Specific Plan,
generally bounded by Nichols Road to the west, E1 Toro Road
to the east, Collier Avenue to the south and Interstate 15 to
the north for a retail outlet center; and
WHEREAS, the Planning Commission has previously
reviewed the EIR and has recommended that the City Council
(1) certify that the EIR has been prepared in accordance with
the requirements of the California Enviornmental Quality Act
and the City's CEQA Guidelines; and (2) approve the amended
Specific Plan for the Project; and
WHEREAS, the City Council has reviewed the EIR prepared
in accordance with the California Environmental Quality Act,
and has considered the information contained therein and in
the other documents referred to therein.
WHEREAS, the City Council has certified theEtheand has
State
made the Findings required by Section 15091 (a) of
CEQA Guidelines, attached hereto as Attachment A.
IT RESOLVED by the City Council
NOW, THEREFORE, BE
that:
Section 1: Upon the recommendation of the Planning
th
Commission and basedupon
the
Findings adopted hedrheretoeby las
he
regard to the app finds that. the
Attachment A, the City Council hereby (�)
i
Specific Plan for the Project area attached hereto as
Attachment B is consistent with the GeneralPl an of
heCity,
(ii) finds that the adoption of the Sp Planis
sc iPlan,
public interest, (iii) approves and adopts the Sp
and (iv) approves and adopts the Mitigation Monitoring
Program attached hereto as Attachment C.
Section 2: This Ordinance shalltake eff ct thirty
Clerk
(30) days after the date of its passage.
shall certify as to land posted inon of this dthencmannercause
required
Ordinance to be published
by law.
PASSED, UPON FIRST READING this 12th day of June, 1990,
by the following roll call vote:
AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTENTIONS: COUNCILMEMBERS: 41ASHBURN
PASSED, APPROVED AND ADOPTED UPON
26th day of June, 1990, by the following
AYES: COUNCILMEMBERS:
SECOND READING this
roll call vote:
AGENDA ITEM NO. .—.
PAGE I OF
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTENTIONS: COUNCILMEMBERS:
Gary M. Washburn, Mayor
City of Lake Elsinore
ATTEST:
Vicki Lynne Kasad, City Clerk
City of Lake Elsinore
(SEAL)
APPROVED AS TO FORM AND LEGALITY:
Z hn Harpe, City -Attorney
City of Lae Elsinore
AGENDA ITEM NO. s2..4 -
PAGE OF -12.—
AGENDA
REDEVELOPMENT AGENCY
CITY OF LAKE ELSINORE
545 CHANEY STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, JUNE 26, 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
specific item.
A. Minutes
1. June 12, 1990 - Regular Redevelopment
Agency Meeting.
B. General Plan Amendment 90-1 & Zone Change
90-2 - Pentagon Development & Hunsaker &
Associates.
C. Stephen's Kangaroo Rat Short Term Habitat
Conservation Plan.
D. Time Extension for Tentative Parcel Map 23381
(K -Mart).
4. PUBLIC HEARINGS
5. BUSINESS ITEMS
6. EXECUTIVE DIRECTORS REPORT
7. REPORTS AND RECOMMENDATIONS
8. CLOSED SESSION
9. ADJOURNMENT
RECOMMENDATION
Approve.
Concur with
Council
Action.
Concur with
Council
Action.
Concur with
Council.
Action.
CITY OF LAKE ELSINORE
MEMORANDUM
TO: Honorable Mayor and City Council
FROM: Dave Gunderman, Community Development Director
DATE: June 19, 1990
SUBJECT: General Plan Amendment 90-1 & Zone Change 90 2
Pentagon Development and Hunsaker & Associates
This project is a continuance from the May 22, 1990 City
Council meeting. Since then, the developer has made several
attempts to meet with the neighborhood group to discuss
project issues and alternatives. The neighborhood group has
refused to meet, talk, or negotiate with the developer. As a
result, the issues which are outlined in the staff report of
April 24, 1990 remain unresolved.
At the meeting of May 9, 1990, attended by the neighborhood
group and the applicant, the applicant proposed the following
to try to mitigate some of the impacts on the neighborhood:
o Applicant to donate and improve a small park site on
Macy Street side of the project to buffer the residences
and provide playing ground for children.
o Applicant to contribute a pro -rate share for improvement
of Grand Avenue and for a signal on Grand Avenue and the
Ortega Freeway (these contributions would have been
standard conditions of approval) and applicant to
install a traffic light on Macy Street and Grand Avenue
and to be reimbursed by future development.
o Applicant to design project with no access to and from
Macy Street and two access points from Grand Avenue.
o Applicant to conduct a vacant land survey and to
recommend uses for those sites as a frame work for a
Master Plan of the area.
No meetings have taken place since the May 9, 1990 meeting;
therefore, agreements have not been reached between the
developer and the neighborhood group.
/bd
AGENDA ! 7 EN1 NO..
-Q�
PAC-',Fi -_OFr
REPORT TO THE CITY COUNCIL/REDEVELOPMENT AGENCY
DATE: June 26, 1990
SUBJECT: Stephens' Kangaroo Rat Short Term
Habitat Conservation Plan; EIS/EIR
for Section 10(a) Permit; Implementa-
Agreement; Agreement Regarding
Allocation of the Take; Menorandunof
Understanding.
PREPARED BY: Hardy M. Strozier APPROVED BY: Dave Gtmderman
Hardy M. Strozier Dave Gunderman
The Planning Assoc' Comm. Dev. Dir.
APPROVED BY: L
Ron olendy
City'Manager
BACKGROUND
On October 31, 1988, the U.S. Fish and Wildlife Service
listed the Stephens' kangaroo rat (SKR) as an endangered
species. Federal law prohibits any "taking" of an endangered
species. "Taking" is defined as any activity that would
harm, kill or harass these animals.
Federal law also provides for a method to allow "incidental"
takings subject to a "Section 10(a)" Permit. This permit
process requires the development of a plan which provides for
the continued existence of the species. Such a plan, called
a Habitat Conservation Plan must accompany any Section 10(a)
permit application.
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 Section 10(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 Section 10(a) 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 4,400 acres (20 percent) of the
approximately 22,000 acres of remaining occupied habitat for
the species.
Prior to obtaining the Section 10 (a) Permit, the applicant
jurisdictions, including Lake Elsinore, must review and adopt
the following:
1. Interim Habitat Conservation Plan
2. FEIR/FEIS for the Interim Habitat Conservation Plan
3. Joint Exercise of Powers Agreement
4. Memorandum of Understanding
5. Implementation Agreement
6. Allocation of the Take
AGENDA ITEM No'
-
PAGE..-�
Page 2
June 26, 19909
Subject: Stephens' kangaroo rat
These documents were previously discussed at a City Council
workshop on February 13, 1990. Except for the Joint Exercise
of Powers Agreement (which was previously adopted) all of
these documents were adopted by the Board of Supervisors on
May 29, 1990.
DISCUSSION
Interim Habitat Conservation Plan
The "Interim Habitat 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 supports the 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
also provides for mitigation of the take allowed during such
two-year period. It 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.
Environmental Impact Report for the Interim Habitat
Conservation Plan
A joint EIR/EIS was prepared for the Interim Habitat
Conservation Plan. The County of Riverside was the Lead
Agency under the California Environmental Quality Act (CEQA)
for the EIR, and, as such, had primary responsibility for
completing and certifying the EIR. In terms of this EIR the
City can be considered a "responsible agency" under CEQA
Section 15381 of the CEQA guidelines defines a responsible
agency as follows:
"A public agency which proposes to carry out or approve a
project for which a Lead Agency is preparing or has prepared
an EIR or Negative Declaration. For the purposes of CEQA the
term "Responsible Agency" includes all public agencies other
than the Lead Agency which have discretionary approval power
over the project."
A responsible agency must, however, make certain independent
findings based on the Lead Agency's EIR. Before approving
the project, a responsible agency must consider the
environmental effects of the project as shown in the EIR. A
responsible agency must reach its own conclusion on whether
and how to approve the project, and must decide for itself
how to respond to significant effects that will result from
the responsible agency's own decision to carry out, finance,
or approve the project. The responsible agency must also
adopt any feasible alternatives and mitigation measures that
will substantially lessen such effects (Guidelines Section
15096 (g)). However, a responsible agency has responsibility
for mitigating or avoiding only the environmental effects of
those parts of the project it decides to carry out or
approve.
The responsible agency must also make its own findings and
prepare a statement of overriding considerations if necessary
(Guidelines Section 15096 (h); 15091; 15093). It must also
certify that its decision-making body (i.e., the City
Council) reviewed and considered the EIR (Guidelines Section
15050 (b)). In addition, a responsible agency must file its
AGENDA ITEM NO... ;;
4
"N PAG OF
10Ai K
June 26, 1990
Page 3
Subject: Stephens' kangaroo rat
own Notice of Determination (NOD) in the same manner as the
Lead Agency except that the responsible agency does not need
to state that the EIR complies with CEQA. Instead, the
responsible agency must state in its NOD that it "considered"
the lead agency's EIR (Guidelines Section 15096 (i)). The
NOD must be filed with the Clerk of the Board of Supervisors
in order to trigger a thirty (30) day Statue of Limitations
during which legal challenges may be filed. Otherwise, a 180
day Statue of Limitations will apply (Id).
Joint Exercise of Powers Agreement
On May 22, 1990, the City Council adopted a Resolution to
become a party to the Joint Powers Agency with the County of
Riverside, the City of Riverside, the City of Hemet, the City
of Perris and the City of Moreno Valley 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.
Each of the Cities and the County
to purchase and maintain real
ecosystem conservation plans,
habitat conservation plans fo
Stephens' kangaroo rat and
threatened or endangered species.
Memorandum of Understanding
has the authority and power
property and to establish
and to design and implement
r the protection of the
other listed or candidate
The Memorandum of Understanding is an agreement between the
applicant jurisdictions and the United States Fish and
Wildlife since authorizing incidental take of the SKR and its
habitat in accordance with the terms of the Interim Habitat
Conservation Plan and its implementing agreements.
Implementation Agreement
The purpose of the Implementation Agreement is to define the
respective rights and obligations of the applicant
jurisdictions as well as State and Federal agencies with
respect to the implementation of the HCP. The Implementation
Agreement specifies: (1) the responsibilities of each of the
applicant jurisdictions as well as those of relevant State
and Federal agencies; (2) 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.
Allocation of the Take
The Section 10(a) Permit will only cover incidental take
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 (20)
percent (i.e., 4,400 acres) of the total amount of occupied
SKR habitat within the HCP study area.
Under the Agreement Regarding Allocation of Take, the City of
Lake Elsinore will be allocated a fixed percentage of the
permitted take during the two-year term of the Interim
NQA ITEM NO. 3
•tGK
GE -L OF --
June 26, 1990
Page 4
Subject: Stephens' kangaroo rat
Habitat Conservation Plan of eight (8) percent. In order to
calculate the City's total permitted take during the two-year
term of the HCP, the City's fixed percentage is multiplied by
the total number of acres subject to takes, as follows:
4,400 acres x 8% = 352 acres
However, after the first semi-annual period following the
issuance of the Section 10(a) Permit, the City will be
allocated five (5) percent of the permitted take resulting
from impact fee acquisitions. Commencing with the second
semi-annual period following the issuance of the Section
10(a) permit, the proportionate share of permitted take
resulting from acquisitions of replacement habitat using
impact fees during any semi-annual period will be based
solely on the cumulative impact fees contributed to the Joint
Powers Authority.
Based on the limited amo
City, the second semi -a
City will be very small.
of Take does, increase
purchase of suitable SYR
RECOMMENDATION
unt of impact fees collected by the
nnual share of permitted take for the
The Agreement Regarding Allocation
its allocation, including independent
habitat.
It is recommended that the City Council:
Adopt the Short-term Habitat Conservation Plan for the
Stephens' kangaroo rat and addendum and modification
(dated May 22, 1990) thereto;
2. Adopt the Final Environmental Impact Report for the
Section 10(a) Permit to Allow Incidental Take of the
Endangered Stephens' kangaroo rat in Riverside County,
California, including the addendum (dated June 5, 1990)
thereto;
3. Adopt the Implementation Agreement;
4. Adopt the Agreement Regarding Allocation Take; and
5. Adopt the Memorandum of Understanding
AGENDA ITEM NO.�
PAGEL.OP�—
CITY OF LAKE ELSINORE
MEMORANDUM
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: DAVE GUNDERMAN, COMMUNITY DEVELOPMENT DIRECTOR
DATE: JUNE 20, 1990
SUBJECT: TIME EXTENSION FOR TENTATIVE PARCEL MAP 23381
(K -MART)
BACKGROUND
The applicant is requesting a one (1) year time extension on
the Tentative Parcel Map that expires on June 26, 1990.
Grading, drainage, landscaping and outside storage has been a
concern to the City since construction of K -Mart. Staff has
had extensive contacts with Mr. Leonard O'Byrne and the
K -Mart Corporation.
Grading and drainage issues are still unresolved. These
issues are a result of grading not in conformance with
approved grading plans including off-site grading performed
by Camelot Properties. The development of the Days Inn on
Parcel No. 3 will solve these issues; however, it will cost
the developer extra to correct the drainage problems. Also,
illegal dirt piling on Parcel No. 2 is not in conformance
with the approved grading plans.
Landscaping issues have been discussed with staff. A new
water pump has been installed on the Mission Trail property
line to provide necessary pressure for irrigation. The
applicant claims improvements to the existing landscaping
will shortly follow.
Outside storage of Garden Center has been partially cleaned
up; however, staff is not satisfied with the progress.
Storage containers in the back of the K -Mart building are
expected to be removed by July 15, 1990. Staff site
inspections have revealed. that one of the containers was
removed from site but now it is back on the premises which is
in conflict with the agreement reached between the staff and
applicant.
Staff recommends approval of the Time Extension for a ninety
(90) day period extending the Tentative Parcel Map till
September 26, 1990. Issues discussed in the Staff Report and
the attached letters shall be in full compliance to the
satisfaction of the Community Development Director before
additional extensions are granted.
/cm
AGENDA ITEM NO. 3
PAGE / OF 1--
3
4.
5.
6.
7.
8.
A G E N D A
LAKE ELSINORE TRANSIT SYSTEM
CITY OF LAKE ELSINORE
545 CHANEY STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, JUNE 26, 1990
POLICY OF THE LAKE ELSINORE TRANSIT SYSTEM BOARD:
"Only those items filed with the Secretary of the
Board by Noon on Tuesday, prior to the following
Tuesday meeting, will be considered by the Board
at said meeting.,,
CALL TO ORDER
ROLL CALL
CONSENT CALENDAR
All matters on the Consent Calendar are to be
approved on one motion unless a Boardmember
requests separate action on a specific item.
A. Minutes
1. Regular Meeting Lake Elsinore Transit
System - May 22, 1990.
B. Monthly Financial Statement - May, 1990.
1. Warrant List - May, 1990.
2. Statement of Operation.
3. Monthly Performance Report.
4. Operation Summarization - May, 1990.
C. Resolution No. LETS 90-2 - Adopting the
Fiscal Year 1990/91 Budget.
PUBLIC HEARINGS
BUSINESS ITEMS
TRANSIT COORDINATORS REPORT
REPORTS & RECOMMENDATIONS
ADJOURNMENT
RECOMMENDATION
Approve.
Ratify.
Rec. & File.
Rec. & File.
Rec. & File.
Adopt Res.
No. LETS 90-2.
MINUTES
REGULAR BOARD MEETING
LAKE ELSINORE TRANSIT SYSTEM
CITY OF LAKE ELSINORE
545 CHANEY STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, MAY 22, 1990
1. CALL TO ORDER
The Regular Lake Elsinore Transit System Board Meeting was
called to order by Chairman Dominguez at 10:01 p.m.
2. ROLL CALL
PRESENT: BOARDMEMBERS: BUCK, STARKEY, WASHBURN, WINKLER,
DOMINGUEZ
ABSENT: BOARDMEMBERS: NONE
Also present were: General Manager 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
MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS
VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED.
A. The following Minutes were approved:
1. Regular Meeting Lake Elsinore Transit System -
April 24, 1990.
B. Monthly Financial Statement - April, 1990.
1.
Ratified
Warrant List
for April, 1990.
2.
Received
and ordered
filed the Statement
of Operation.
3. Received and ordered filed the Monthly Performance
Report.
4. Received and ordered filed the Operation Summarization
for April, 1990.
4. PUBLIC HEARINGS
None.
5. BUSINESS ITEMS
None.
G. TRANSIT COORDINATORS REPORT
None.
7. REPORTS & RECOMMENDATIONS
None.
AGENDA ITEM N0.
3.A_
PAGE OF
PAGE TWO - LAKE ELSINORE TRANSIT SYSTEM MINUTES - MAY 22, 1990
WF
MOVED BY BUCK, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE
TO ADJOURN THE REGULAR LAKE ELSINORE TRANSIT SYSTEM BOARD MEETING
AT 10:02 P.M.
ATTEST:
VICKI KASAD
CLERK OF THE BOARD
LAKE ELSINORE TRANSIT SYSTEM
FRED DOMINGUEZ, CHAIRMAN
LAKE ELSINORE TRANSIT SYSTEM
AGENDA ITEM NO. 3. Av
PAGE OF21
LAKE
ELSINORE
TRANSIT
SYSTEM
130 SO. MAIN STREET, LAKE ELS INORE, CA.
92330 (714)674-3124 -(714)674-LETS
Chairman of the Board:
FRED DOMINGUEZ
Boardmembers:
WILL BUCK
BILL STARKEY
GARY WASHBURN
JIM WINKLER
General Manager:
RON MOLENDYK
General Counsel:
JOHN HARPER
Clerk:
VICKI KASAD
Treasurer:
TERESA CHERVENY
Controller:
RAY WOOD
Coordinator:
DELORES MCDANIELS
REPORT TO L.E.T.S. BOARD
SUBJECT: MONTHLY FINANCIAL STATEMENT
DATE: MAY 311 1990 CRY: KIMBERLY JONES
APPROVED: � ���✓� %
APPROVED:
ITEM
# 1
WARRANT LIST FOR RATIFICATION
ITEM
# 2
STATEMENT OF OPERATION (INCOME & EXPENSE)
ITEM
# 3
MONTHLY PERFORMANCE REPORT
ITEM
# 4
OPERATION SUMMARIZATION
AGENDA ITEidi NO.
PACES W F
REPORTING PERIOD: MAY 31, 1990
TO: The Honorable Chairman and Directors
Lake Elsinore Transit System
The following list of warrants, drawn on General Demand,
is presented for your ratification:
PAID TO
SERVICE RENDERED
WARRANT #
ACCT #
AMOUNT
CALIF STATE COMP.
WORKERS COMP. MAY, 1990
19418
070
$ 5.29
INSURANCE FUND
STATE COMPENSATION
LETS WORKERS COMP. MAY, 1990 19503
070
745.51
CALIF EMPLOYMENT
SDI TAX P/E 05/18/90
19393
080
26.23
DEVELOPMENT
A -Z BUS SALES
REPAIRS TO V606
19401
110
407.13
DANIELS TIRE'S
TIRES
19423
110
1,142.66
GEARHARTS SERVICE
POWER WASH/TURN DRUM
19439
110
106.00
UNIVERSAL COACH
MAINT. PARTS FOR V609
19518
110
235.94
BACKENS AUTO REPAIR
A/C REPAIR V607
19535
110
373.85
CALIF BOARD OF
USER FUEL TAX -APR, 1990
19386
111
131.31
EQUALIZATION
TEXACO REFINING
DIESEL CHARGES -APR, 1990
19510
111
84.70
SHAMROCK SERVICE
COPIER REPAIR
19490
150
187.13
BARTON-ASCHMAN, INC
TRANSPORTATION STUDY
19408
200
5,260.03
G.T.E.
PHONE BILLINGS
19440
223
55.17
PRUDENTIAL OVERALL
UNIFORMS FOR L.E.T.S.
19476
330
84.50
STATE COMPENSATION
WORKERS COMP FOR APR, 1990
19267
070
5.06
CALIF EMPLOYMENT
SDI TAX W/H P/E 05/04/90
19239
080
26.75
DEVELOPMENT
A -Z BUS SALES
AIR CLEANER
19252
110
336.56
B&L INDUSTRIAL
WELD FRAME4607
19257
110
50.00
B&L SERVICES
WELD SEAT BRACKETS
19258
110
25.00
L.E. AUTO PARTS
MISC AUTO PARTS -APR, 1990
19304
110
79.36
STEVE'S AUTO PARTS
MISC AUTO PARTS -APR, 1990
19340
110
229.15
U.S. AUTO GLASS
DISTINATION SIGN GLASS
19347
110
178.27
BARTON-ASCHMAN, INC.
TRANSIT STUDY
19259
200
1,760.00
LAKE ELSINORE, CITY
PETTY CASH REIMBURSEMENT
19242
210
11.35
G.T.E.
PHONE BILLINGS
19283
223
69.83
LAKE ELSINORE, CITY
PETTY CASH REIMBURSEMENT
19424
330
3.12
PRUDENTIAL OVERALL
UNIFORM SERVICE
19327
330
69.88
TOTAL AMOUNT OF
CHECKS
$
11,689.78
Respectfully submitted,
C. Ray Wood, Controll
AGENDA ITEM NO.
PAG. a OF—kE_
REPORTING PERIOD: MAY 31, 1990
LAKE ELSINORE
TRANSIT
SYSTEM
STATEMENT
OF OPERATION
FISCAL
YEAR 89/90
REVENUES/EXPENSES
YR.TO DATE
PERCENT
OPERATING REVENUES BUDGET
3460 Passenger Fares 32,000
APR
1,781
MAY
2,893
25,027
78.20
3461 Bus Advertising 1,000
TOTAL OP REVENUES-P/Y 32,743
0
2,544
0
2,586
0
30,187
92.19
NON-OPERATING REVENUES
0
0
3329 State Grants 0
0
0
0
0
3339 County Grants 0
0
0
0
0
3349 Federal Grants 264,000
0
0
0
TOTAL NON -OP REVENUE-C/Y 264,000
TOTAL NON -OP REVENUE-P/Y 544,519
0
0
0
58,550
0
463,969
85.21
TOTAL REVENUE -CURRENT: 297,000
1,781
2,893
25,027
8.43
OPERATING EXPENSES
020 Part Time Employees 77,598
6,017
5,849
60,684
78.20
030 Over -time 0
065 F.I.C.A. 8,948
386
490
36
450
4,055
5,297
---
59.20
070 Workers Compensation 9,063
1,591
756
8,944
98.69
080 SUI/SDI 1,990
58
53
665
33.42
SUB -TOTAL: 97,599
8,542
7,144
79,645
81.60
SUPPLIES & SERVICES
100 Advertising 1,500
102
0
1,161
77.40
110 Auto Service 35,000
454
3,164
39,642
113.26
111 Fuel,Oil/Lubricants 20,500
1,938
216
22,947
111.94
140 Insurance 40,000
1,870
1,870
24,087
60.22
150 Maint/Repair-Equip 2,500
6
187
2,180
87.20
160 Maint/Repair-Bldgs 0
0
0
70
---
180 Publication/Member. 450
0
0
0
0
190 Rental-Prop/Equip. 1,500
0
0
153
10.20
200 Prof,Tech,Other 77,000
0
7,020
14,840
19.27
210 Travel & Meetings 3,550
210
11
291
8.20
211 Training/Education 1,500
0
0
0
0
220 Utilities 1,500
202
125
1,641
109.40
300 Office Supplies 0
13
0
1,123
---
330 Special Dept Supply 4,800
151
158
8,975
186.98
340 Tools, Etc. 0
0
0
1,687
---
TOTAL SUPPLIES & SERVICE: 189,900
4,946
12,751
118,797
62.56
CAPITAL OUTLAY
430 Furniture/Equipment 5,000
0
0
1,225
24.50
440 Automotive Equipment 0
0
0
0
0
450 Machinery/Equipment 5,000
0
0
0
0
TOTAL CAPITAL OUTLAY: 10,000
0
0
1,225
12.25
FIXED CHARGES
540 Depreciation Exp* 75,267
6,272
6,272
68,992
91.66
DEPT.OPERATING TOTAL-C/Y 372,766
13,488
19,895
198,142
53.15
DEPT.OPERATING TOTAL-P/Y 299,123
19,857
17,037
170,716
57.07
NET PROFIT (LOSS)-C/Y 499
(11,707)
(17,002)
(173,115)
-34,692.38
NET PROFIT (LOSS)-P/Y (105,123)
(17,313)
44,099
323,442
-307.68
*MEMO ONLY - NOT INCLUDED IN TOTALS
M.
AGENDAITEM NO.
PAGES- Or
F/Y 1898/1990
QTR: 1st 2nd
3rd 4th XX
LAKE ELSINORE TRANSIT SYSTEM
TRANSIT COORDINATOR'S MONTHLY PERFORMANCE REPORT
------------MONTH------------ QUARTERLY
APR. MAY. JUNE TOTAL
OPERATING DATA
Passengers:
Regular
Elderly
Handicapped
Student
Child
Transfers
Tickets
Total PASSENGERS
Total Vehicle MILES
Passengers Per Mile
Total Vehicle HOURS
Passengers Per Hour
FINANCIAL DATA:
Operating Expenses
Revenues:
Fares
Other
Total Revenues
Net Expense (Subsidy):
Subsidy/Passenger
Subsidy/Vehicle Hour
1,672
2,676
4,348
902
944
1,846
267
305
572
1,866
2,066
3,932
578
700
1,278
141
117
P58
148
217
365
5,574
7,025
12,599
11,387
11,889
23,276
2.04
1.69
1.85
626
652
1,P78
8.90
10.77
9.86
13,488
19,895
33,383
1,781
2,893
4,674
0
0
0
1,781
2,893
4,674
(11,707)
(17,002)
(28,709)
2.42
2.83
2.65
21.55
30.51
26.12
AGENDA ITEM NO. 111
PAGE C
Chairman of the Board:
FRED DOMINGUEZ
Boardmembers:
WILL BUCK
BILL STARKEY
GARY WASHBURN
JIM WINKLER
General Manager:
RON MOLENDYK
General Counsel:
JOHN HARPER
Clerk:
VICKI KASAD
Treasurer:
TERESA CHERVENY
Controller:
RAY WOOD
Coordinator:
DELORES MCDANIELS
REPORT TO L.E.T.S. BOARD
SUBJECT: OPERARTION SUMMARIZATION
DATE: MAY 31, 1990
PREPARED BY: DELORES MCDANIELS
APPROVED:
GENERAL MANAGER
Ridership
Operating Days
Ridership/Day of Operation
Non -Operational Hours
Total Fare Revenue
Operating Expense
Expense/Passenger
7,025
26
270
0
1,893
17,037
2.83
AGENDA ITEM NO. M)
PAGE OF S5
RESOLUTION NO. L.E.T.S. O';L
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE LAKE ELSINORE TRANSIT SYSTEM, APPROVING
AND ADOPTING THE BUDGET FOR FISCAL YEAR
1990/1991 AND APPROPRIATING THE FUNDS NECESSARY
TO MEET THE EXPENDITURES SET FORTH THEREIN.
WHEREAS, that certain document entitled "Budget
Fiscal Year 1990/1991, LAKE ELSINORE TRANSIT SYSTEM" on file
in the office of the City Clerk, is hereby approved as the
budget for the Lake Elsinore Transit System for the Fiscal
Year 1990/1991; and
WHEREAS, the General Manager, upon recommendation of
the Controller, may transfer funds within each of the object
category appropriations as required to achieve the purpose of
this agency; and
WHEREAS, the Directors, from time to time, by motion
or resolution, may approve and authorize the payment of
non -budgeted demands from appropriated finds; and may
appropriate funds for budgeted and non -budgeted items, and any
such appropriation for a non -budgeted item shall constitute an
approval to issue a warrant in payment of a proper demand or
demands.
NOW, THEREFORE, the Board of Directors of the Lake
Elsinore Transit System, does hereby find, determine and
declare that the budget for the Fiscal year 1990/1991 is
hereby PASSED, APPROVED AND ADOPTED this 26th day of June,
1990, by the following vote:
AYES: BOARDMEMBERS:
NOES: BOARDMEMBERS:
ABSENTS: BOARDMEMBERS:
ABSTENTIONS: BOARDMEMBERS:
FRED DOMINGUEZ, CHAIRMAN OF THE
LAKE ELSINORE TRANSIT SYSTEM
ATTEST: APPROVED AS TO FORM AND LEGALITY:
VICKI L. KASAD, CITY CLERK
JOHN HARPER, AGENCY ATTORNEY
AGENDA ITEM NO. I L
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