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HomeMy WebLinkAboutCity Council Agenda Packet 09-11-19901. 2. 3. 4. 5. 6. 7. 8. 9. Lake _'E Is in ore City Council Agenda 545 CHANEY STREET _ LAKE ELSINORE SCHOOL DISTRICT BOARD ROOM TUESDAY SEPTEMBER 11 1990 - 7:00 P.M. POLICY OF THE CITY COUNCIL: "Only those items filed with the City Clerk's Office by oon, ues ay, prior o e following Tuesday meeting, not requiring departmental investigation will be considered by the City Council at said meeting". CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL PUBLIC COMMENTS Note: Any person wishing to address City Council on any matter not on the Agenda, must complete a request form available at the speakers podium and submit it to the City Clerk prior to commencement of the meeting. (Comments limited to3 minutes). PRESENTATIONS CEREMONIALS A. Presentation_- Design Review Committee - George Alongi. CONSENT CALENDAR Minutes a. City Council Meeting - August 28, 1990. Building Activity Report - August, 1990. Code Enforcement Activity Report - August, 1990. Structure Abatement Activity Report -_August, 1990. Warrant List - August 31, 1990. Application to File Late Claim - Thomas & Timothy Russo. Assessment District 88-3 - West End - Construction Management and Funding and Acquisition Agreement. Resolution No. 90-84. Assessment District 86-1 - Northwest Sewer. Resolution No. 90-85. Resolution of Necessity to Order Acquisition by Eminent Domain & Resolution Setting Public Hearing (Ayres). Resolution Nos. 90-86 & 90-87. Dedication of Additional Right -of -Way - Various Locations. Approve. Rec. & File. Rec. & File. Rec. & File. Ratify. Rej. & Ref. Adopt Res. No. 90-84. Adopt Res. No. 90-85. Adopt Res. Nos. 90-86 & 90-87. Accept Dedications. 11. 31. 32. 51. 52. 53. 54. 55. 56. PAGE TWO - CITY COUNCIL AGENDA - SEPTEMBER 11, 1990 Acceptance of Quitclaim Deeds for Water Rights - Various Locations. PUBLIC HEARINGS Tentative Parcel Map 26326 & Industrial Prot 90-5 = Brookstone Development. A request for approval of a 25 lot industrial subdivision with reciprocal access and maintenance agreements and design review approval for approximately 202,000 square feet of industrial buildings. APPEAL Appeal of Planning Commission Conditions of Approval = George Alongi. Appeal of Conditions 13, 15, 17, 23, 25, 26, 29, 39, 42 and 43 for Residential Project 90-10. BUSINESS DISCUSSION ITEMS Extension of Time Tract 20472. Revised - Friedman Homes. A request for a one-year extension of time for Tentative Tract 20472 Revised. This constitutes the first extension of time request for the revised map. The Tentative Tract is located in the easter-most planning area of the Canyon Creek Specific Plan and is adjacent to, and both northerly and southerly of Railroad Canyon Road. Tentative Parcel Map 23411 - _Gabel. Cook & Becklund Inc. A request to extend the above referenced industrial Map for a period of one year. The site is located at the northwest corner of Dexter Avenue and Second Street. Request for Waiver of Conditional. Use Pernit Fees for Lake Elsinore Christian Fellowshi . BUSINESS ITEMS Second Reading = Ordinance No. 903. Relating to Zone Change 90-7 - Coastal Valley Development. Second Reading - Ordinance No. 904. Relating to Zone Change 90-10 - George Alongi. Second Reading - Ordinance No. 905. Relating to Kangaroo Rat Mitigation Fees. CITY MANAGER COMMENTS CITY COUNCIL COMMENTS CLOSED SESSION ADJOURNMENT Accept Deeds. Adopt Neg. Dec. 90-20; Approve Tent. Parcel Map 26326 & IP 90-5 Based on Fndgs & Cond. Uphold Planning Commission Decision, Except 26 & 42. Grant One Year Extension Based on Findings & Subject to Revised Conditions. Extend TPM 23411 for One Year Based on Findings. Approve Request. Adopt Ord. No. 903. Adopt Ord. No. 904. Adopt Ord. No. 905. A G E N D A REDEVELOPMENT AGENCY CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 11, 1990 POLICY OF THE REDEVELOPMENT AGENCY: "Only those items filed with the Secretary of the Reuevelopi7-ier-it Ageiiuy 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. August 28, 1990 — Regular Redevelopment Agency Meeting. ' B. Warrant List — August 31, 1990. C. Tentative Parcel Map 26326 and Industrial Project 90-5 — Brookstone Development. 4. PUBLIC HEARINGS 5. BUSINESS ITEMS 6. EXECUTIVE DIRECTORS REPORT 7. REPORTS AND RECOMMENDATIONS 8. CLOSED SESSION 9. ADJOURNMENT RECOMMENDATION Approve. Ratify. Concur with Council Action. MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 28, 1990 ****************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:01 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Clerk Kasad. ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, Bob Hessel (representing the City Attorney), Administrative Services Director Wood, Community Development Director Gunderman, Community Services Manager Sapp (representing Community Services Director), Public Services Director Kirchner and City Clerk Kasad. PUBLIC COMMENTS None. PRESENTATIONS CEREMONIALS Mayor Washburn commented on the new "Temecula Neighborhood" GTE phone books and suggested that all Lake Elsinore residents deliver their copies to the Community Center so they can be returned to GTE. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 9, 12 and 13 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: 2. 3. 4. a. City Council Meeting - August 14, 1990. b. Adjourned City Council Meeting - August 20, 1990. The following Minutes were received and ordered filed: c. Planning Commission Meeting - August 1, 1990. Received and ordered filed the Investment Report for July 31, 1990. Ratified Warrant List for August 15, 1990. Approved Agreement relating to the California Identification System. AGENDA ITEM NO. .0� PAGE, OF PAGE TWO - CITY COUNCIL MINUTES - AUGUST 28, 1990 5. Awarded Contract for the Machado Park Project to J & R Landscaping Company in the amount of $151,353.60. 6. Accepted Proposal from Greg Smith for Shoreline Clean-up in the amount of $11,000.00. 7. Adopted Resolution No. 90-80 Designating the Location of a Stop Intersection on Chaney Street at the West Leg of Sumner Avenue. RESOLUTION NO. 90-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, DESIGNATING THE LOCATIONS OF CERTAIN STOP INTERSECTIONS. 8. Adopted Truck Route Resolution No. 90-81. RESOLUTION NO. 90-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DESIGNATING CERTAIN STREETS WITHIN THE CITY AS TRUCK ROUTES. 10. Awarded Contracts for Community Center Roofing to Desert Valley Construction in the amount of $16,344 and Stucco to Harrington and Sons in the amount of $13,000. 11. Awarded Bids for Capital Equipment as follows: 3 - S-10 Pick-ups - Lakeside Chevrolet 1 - Tractor Mower - AA Equipment 1 - Dump Truck - Lakeside Chevrolet 1 - Front Loader - Case Power and Equipment ITEMS PULLED FROM CONSENT CALENDAR 9. FZ�est for Waiver of Prezoninand Request for Authorization to Initiate an Annexation Information Program. Mr. Fred Christensen, Consultant, for Special Projects/Annexations, explained this proposal relating to a "hammerhead" shaped County island. He further explained LAFCO's feeling that City need to be proactive in eliminating County islands surrounded by City territory. He detailed the information and public notifications which will occur for the residents of the area basically bounded by Lincoln Street, Machado Street, Lakeshore Drive and Lash Street. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO PROCEED WITH INITIATION OF THE PROPOSED ANNEXATION AND AUTHORIZE THE MAYOR TO SIGN A LETTER TO LAFCO NOTIFYING THEM OF THE CITY'S INTENTION TO INITIATE ANNEXATION. 12. Developer Fees for Parks and Recreation - Resolution No. 90-82. City Manager Molendyk advised that staff is continuing to review the appropriate fees for commercial and industrial development and recommended continuance of this item to the next meeting. MOVED BY DOMINGUEZ, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO SEPTEMBER 11, 1990. AGENDA ITEM NO. PAGE OF. PAGE THREE - CITY COUNCIL MINUTES - AUGUST 28, 1990 13. Set public hearing for September 11, 1990 for the following: a. Tentative Parcel MaD 26326 _ Brookstone Development, Inc. A request to consider Tentative Parcel Map to subdivide approximately 20.4 acres into 26 lots. This project is located on the northwest corner of Collier and Central Avenue. Councilman Buck expressed concern with the number of small industrial projects being planned and directed staff to work to hold larger parcels of land for bigger use businesses. MOVED BY BUCK, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE PUBLIC HEARING DATE OF SEPTEMBER 11, 1990 FOR THE ABOVE MENTIONED PROJECT. PUBLIC HEARINGS 31. Tentative Tract Map 26142 _ South Lake Estates. A request for approval of a 114 lot single- family subdivision on a 29.5 acre parcel. The subject property is located on the east side of Stoneman and the south side of the existing City limits. Community Development Director Gunderman detailed this project and explained that due to some reconfigurations this map is two lots larger than those approved by the Planning Commission. He also explained that the City Attorney had confirmed that this would not substantively change the project. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:14 p.m. asking those in favor of Tentative Tract Map 26142 to speak. The following person spoke: John Elmajian, representing the applicant, advised that they are in concurrence with all proposed conditions and requested Council approval. Mayor Washburn asked those in opposition to this map to speak. Hearing no one, the public hearing was closed at 7:15 p.m. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT NEGATIVE DECLARATION 90-12 AND APPROVE TENTATIVE TRACT MAP 26142 BASED ON THE FINDINGS AND SUBJECT TO THE CONDITIONS OF APPROVAL. Findings 1. The project meets the Goals and Objectives of the General Plan and R-1 Zoning Ordinance. 2. The project, as conditioned, complies with the City's subdivision standards. 3. The proposal, as conditioned, will be compatible with existing and proposed development in the area; therefore, it will not create any adverse effect on abutting properties. 4. The site is physically suitable for this type of density of development. AGENDA ITEM NO. 1' ' PAGE OF PAGE FOUR - CITY COUNCIL MINUTES - AUGUST 28, 1990 5. The project, as conditioned, will not have a significant impact on the environment. 6. The revised Tentative Tract map is in substantial compliance with the Tentative Tract Map reviewed by the Planning Commission. Conditions 1. Tentative Tract Map 26142 is approved subject to the approval of Annexation. Number 53 by LAFCO. 2. Tentative Tract Map will expire two (2) years from date of approval unless an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 3. The Tentative Tract Map shall comply with the State of California Subdivision Map Act and shall comply to all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by the Conditions of Approval.. 4. A precise survey with closures for boundaries and all lots shall be provided, per City Ordinance. 5. Signage for this subdivision shall require City Permits. 6. The City's Noise Ordinance must be met during all site preparation activity. 7. Street names within the subdivision shall be approved by the Planning Commission. 8. All grading shall conform to the requirements of Section 6.11 of the Subdivision Ordinance and Chapter 70 of the Uniform Building Code. 9. Applicant shall bond for all public improvements and grading for subject development as required by the City Engineer and Chief Building Official. 10. Pay all applicable fees in force at time of issuance of building permits. 11. Class II bicycle lane to be provided along Stoneman Avenue. 12. Prior to final approval of Tract Map 261.42 the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or the bonds and agreement for said improvements, shall be submitted to the City, and all other stated conditions shall be complied with. 13. Prior to Final Tract Map approval by the City Council, all lots within this subdivision shall conform to the minimum dimensional standards of the R-1 Zoning District. 14. DELETED. 15. Prior to Final Map approval, applicant shall obtain • off-site slope easements for grading from adjacent property owners. Such easements shall be approved by the City Engineer and. City Attorney and recorded. AGENDA ITEM NO. PAGE OF PAGE FIVE - CITY COUNCIL MINUTES - AUGUST 28, 1990 16. Final Map shall reflect plotting as approved on plans date stamped July 13, 1990. 17. Building permits shall not be issued until proof of Payment of school mitigation fee is presented to City Building Division. 18. All of the improvements shall be designed by developer's civil engineer to the specifications of the City of Lake Elsinore. 19. Comply with all conditions of the Riverside County Fire Department. 20. Provide fire buffer zone around entire tract perimeter and landscape for fire retardant and erosion control as required by the Riverside County Fire Department and the Community Development Director. 21. Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 22. The applicant shall provide connection to public sewer for each lot within the su3;division. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the Elsinore Valley Municipal Water District (EVMWD). 23. The developer shall submit plans to Southern California Edison for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and/or the association. Said plans shall be approved by the City and shall be installed in accordance with the City standards. 24. Meet all requirements of Southern California Edison Company. 25. Meet all requirements of Southern California Gas Company. 26. Meet all requirements of General Telephone. 27. All trailers used during construction, mailboxes and signage shall be subject to Planning Division review and approval prior to installation. 28. Trailers or mobile homes utilized during the construction phase of this project shall be subject to approval of the Community Development Director. 29. Annexation to the City's Landscaping and Lighting District is required prior to approval of a Final Tract/Parcel Map. 30. Subdivider shall record CC & R's for the project prohibiting on -street storage of boats, motorhomes, trailers and trucks over one (1) ton capacity. Cc & R's shall also include screening any ground base disk and no roof -mounted or front yard disk shall be allowed. It should also indicate that the project is within the Alquist-Priol.o special studies zone. CC & R's shall be subject to the approval of the Community AGENDA ITEM NO. PAGE OF,� PAGE SIX - CITY COUNCIL MINUTES - AUGUST 28, 1990 Development Director, or his designee, prior to recordation of any deeds or final map. CC & R's shall be recorded prior to issuance of any Certificate of Occupan---y for the units when developed in the future. 31. House plotting, architectural drawings, floor plans, landscaping and fences,/walls shall require Minor Design Review approval prior to issuance of building permits. All standards of development and procedural steps in effect at the Minor Design Review submittal shall apply for this project. 32. A decorative block or masonry wall shall be constructed around the perimeter of the subdivision. Precise design, materials; and location to be determined through Minor Design Review process. 33. Any alterations to the: topography, ground surface, or any other site preparation activity will require the appropriate City permits. A geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the Chief Building Official and Planning Division. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. 34. All development associated with this map requires separate Design Review approval and shall be subject to further environmental review and project conditions in accordance with the provisions of the California Environmental Quality Act (CEQA) Guidelines. 35. Prior to issuance of any grading permit or building permit, subdivider shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to -the Community Development Department. 36. Submit a comprehensive soils and geology report and grading plan. Analysis of impacts of fills and cuts greater than 60 feet shall be provided. Submit details of grading plan phasing and erosion control measures. 37. All residences shall be served by a sidewalk along lot frontage. 38. All sidewalks shall be separated from curb with parkway which shall be subject to the approval of the Community Development: Director. 39. Conceptual and Final Landscape and Irrigation Plans for all project slopes areas and fire breaks shall be approved by the Community Development Director prior to issuance of building permits for any phase of development. Improvements shall be installed prior to Certificate of Occupancy. 40. Provide the following environmental mitigation measures: AGENDA ITEM NO...��� PAGE OF �3� PAGE SEVEN - CITY COUNCIL MINUTES - AUGUST 28, 1990 A. Liquefaction Mitigation Measures, Implementing Agency - Building/safety Department: (Refer to Figure 31 Exploratory boring and trench location map, dated February 9, 1989 in the preliminary soil and foundation investigation report). 1. Provide at least five (5) feet of compacted fill under the bottom of footings for all structures. 2. All homes shall have post tensioned foundations and flexible gas line connections. 3. Alternatives to removal and recompaction of soils include compaction grouting, in-place densification, or a combination of a thin compacted fill blanket, drain rock fill and mat foundation. B. Backfill, Implementing Agency - Building/Safety Department: The exploratory trench backfill shall be removed and recompacted during site grading to a minimum of ninety percent (90$) of the laboratory maximum dry density before placement of additional fill or structures. C. Setbacks for structures, Implementing Agency - Planning : A twenty-five (25) foot setback for human occupancy structures shall be established as delineated on Figure 6, Exploratory Trench Location Map, revised July 16, 1990. D. Final Map approval, Implementing Agency - Engineering: 1. The building setback line shown on the Exploratory Trench Location Map, Figure 6, revised July 16, 1990, shall be delineated on the project Final Map. This area shall be labeled "Fault Hazard Area". 2. The following shall be noted on the Final Map: - This property is affected'by earthquake faulting. Structures for human occupancy shall not be allowed in the Fault Hazard Area. Riverside County Geologic Report Number 739 was prepared for this property by Western Technologies in February 12, 1990 and is on file at the City of Lake Elsinore and Riverside County Planning Departments: The specific items of concern are surface fault rupture, liquefaction, seiching, flooding and uncompacted trench backfill. 3. Final map shall be approved by the Riverside County Planning Department Engineering Geologist. 41. Final Map shall incorporate lots 110 and 113 as one lot or applicant may grant said Lot 113 to adjacent property owners at applican_t's discretion prior to final map approval. AGENDA ITEM NO.i PAGE OF PAGE EIGHT - CITY COUNCIL MEETING - AUGUST 28, 1990 42. An avigation easement shall be granted to the Skylark Airport. 43. Final Map shall show easements or other mapped provisions for the placement of centralized mail delivery units. Specific locations for such units shall be to the satisfaction of the Postal Service and the Public Works Department. Riverside County Fire Department 44. Schedule A fire protection approved standard fire hydrants, (6" x 4" x 2 1/211) located one (1) at each street intersection and spaced no more than 330 feet apart in any direction, with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 1000 GPM for two (2) hours duration at 20 PSI. 45. Applicant/developer shall furnish one (1) copy of the water system plans to the Fire Department for review. Plans shall be signed by a registered Civil Engineer, containing a Fire Department approval signature block, and shall conform to hydrant type, location, spacing and minimum fire flow. Once plans are signed by the local water company, the originals shall be presented to the Fire Department for signature. 46. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. Elsinore Valley Municipal_ Water District (EVMWD) 47. This property is in the 1434 pressure zone with a maximum serviceable pad elevation of 1314. 48. Pay water and/or sewer connection fee per Resolution No. 971.5 prior to Certificate of Occupancy issuance. 49. Submit hydraulic analysis to determine off=site sewer line sizing and on-site sewer facilities sizing to meet EVMWD Standards. 50. Submit hydraulic analysis to size on-site and/or off-site water lines to meet Riverside County Fire Department requirements using fire flow plus maximum day demand. 51. Design and construct: water and/or sewer line along entire project frontage, and surrounding areas, to EVMWD Standards and Specifications Water 1. Water Mains to be extended from Tract 24139, adjacent at the: southeast end of development. 2. A Hydraulic Analysis will dictate the tract's water main sizing requirements. Sewer 1. Logical sewer main extensions, eight (8) inch minimum. AGENDA ITEM NO. \ PAGE OF PAGE NINE - CITY COUNCIL MINUTES - AUGUST 28, 1990 2. Re-evaluate sewer system flows: to drain to Ontario way and "B" Streets, and possibly eliminating sewer easement and system line and manhole at Lot Number 41. 3. Potential sewer easement problems to address: (existing at northern end of development); require continuous access, no slopes or dirt mounds, and driveway approaches within easement, reference: Lot Number 41. General 1. Pay-off Proportionate Assessment District 84-1 participation bonds. 52. Prepare a focused water and sewer Master Plan for this project. 53. Any off-site street improvement extensions require water and/or sewer line extensions within the new street. 54. All facilities must be designed and constructed at the owner/developer's expense and to the current District's Standards Specifications and Master Plan. 55. The Elsinore Valley Municipal Water District anticipates providing sanitary sewer service for the above referenced property based upon the completion of the 1 m.g.d. expansion of the Regional Wastewater Reclamation Plant. It is estimated that an additional 1 m.g.d. sewage treatment capacity will be available by July 1990. EVMWD has also programmed additional expansion of the treatment plant by currently preparing an EIR for the next phase of construction. By this condition of service the District expresses no warranties as to the availability of sewer service for the above referenced property of such time as applications for sewer service to the property are accepted or approved. Engineering Department 56. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal code prior to final map' approval. 57. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52.030). Document can be obtained from the Engineering Department. 58. Dedicate sufficient right-of-way on "A", "B", "D". "F". "G", and "H" Streets to provide for a sixty (60) foot right-of-way width and forty (40) foot curb -to -curb the full length of each street. 59. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16.34; Resolution No. 85-26). 60. Submit a "Will -Serve" letter to the City Engineering Department, from the applicable water district, AGENDA ITEM NO. • PAGE.. OF_, PAGE TEN - CITY COUNCIL MINUTES - AUGUST 28, 1990 stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. 61. Construct all public work 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). 62. Street improvement plans and specifications shall be prepared by a Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (Lake Elsinore Municipal Code 12.04 and ;16.34). 63. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of public: works improvements (Municipal Code, Title 12, Chapter 12.08 and Resolution No. 83-78). 64. 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. 65. Provide fire protection facilities as required in writing by Riverside county Fire Department. 66. Provide street lighting and show lighting improvements on street improvements plans, as required by the City Engineer. 67. Lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 68. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of final map. Developer shall mitigate any flooding and/or erosion downstream caused by development of site and diversion of drainage. 69. All drainage facilities :in this tract shall be constructed to Riverside County Flood Control' District Standards. 7a. Developer shall provide necessary flood hazard protection and all lots shall be graded above 12671. Developer shall meet special flood protection requirements, building within lake perimeter streets (Lake Elsinore Munic_pal Code 15.68). 71. Site development along the lake perimeter will require special grading and flood proofing requirements (Lake Elsinore Municipal Code 15). 72. Meet all requirements of Chapter 15.64 of the Municipal Code regarding flood hazard regulations. 73. Developer shall contribute $7,000 towards the design and construction of a traffic signal at the intersection of Corydon Road and Grand Avenue. This development will increase traffic at the intersection AGENDA ITEM NO. # PAGE J-.0— OF PAGE ELEVEN - CITY COUNCIL MINUTES - AUGUST 28, 1990 at least 6% and should contribute 6% ($7,000) towards construction. 74. Contribute $290 towards the City's Master Entryway Sign Program. 75. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds. 76. Applicant shall cooperate with developer of Tract 24139 and provide full street improvement on Ontario Way along the southerly boundary. 77. Provide Soils, Geology and Seismic reports including street design recommendations. Provide final soils Report showing compliance with preliminary and finish grade certification. 78. No lot shall have ingress or egress to Stoneman Avenue. 79. Applicant shall obtain off-site drainage acceptance letters from affected adjacent property owners to be recorded prior to or with final map. 80. All tracts and engineering shall be digitized by developer per City standard, tapes to be provided prior to issuance of Certificate of Occupancy. If at the time of Certificate of Occupancy no system has been established by the City, this condition shall be waived, and the developer will pay a fee of $1,D00.00 per sheet for future final tract digitizing. 81. The developer shall pay for "No parking" and Street sweeping signs. 82. Utility companies shall approve their easements as to size and location on map prior to final map approval. 83. Grading, footings, foundation slabs and gas line connections shall meet requirements of the geotechnical report prepared by Aragon Geotechnical Consultants. 84. Wall along southwest boundary shall be adjacent to property line, concrete swale shall be on southeast side of wall. Boundary wall shall be provided with weep holes. 85. Drainage easements along southwest boundary shall be in private ownership except where drainage is from public right-of-way. 86. Developer shall provide sufficient dedication for a sixty-six (66) foot right-of-way (thirty-three (33) foot half -street) for Stoneman Avenue. 87. Stoneman shall be improved to a twenty-four foot roadbed (half -width) from centerline and a sloped AC parkway five (5) foot from property line subject to the approval of the City Engineer and permitting continued use as a storm drain channel. 88. Applicant shall annex to the City's Lighting and Landscaping Maintenance District prior to final map approval. AGENDA ITEM NO. PAGEJL DF A A PAGE TWELVE - CITY COUNCIL MINUTES - AUGUST 28, 1990 89. No lots shall front Stoneman Avenue. 90. Pad elevation of lots adjacent to Stoneman Avenue must meet the approval of Riverside County Flood Control District. 32. Tentative Parcel Map 25717 & Industrial Project 89-12 Brookstone Devel❑ meet. A request to allow for the subdivision of a 15.29 acre site into eleven (11) lots and for construction of eleven (11) concrete tilt -up buildings located at the northeast corner of Silver and Flint Streets. Community Development Director Gu.nderman highlighted this project and recommended an additional condition regarding the landscaping and easements for maintenance of the landscaping. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:18 p.m. asking those in favor of the project to speak. The following person spoke: Steve Brown, representing Brookstone Development, advised that they are in concurrence with all proposed conditions and requested approval. He also advised that in relation to Mr. Buck's earlier concern for larger user business facilities, his company is planning some facilities on 2 plus acres and with 30,000 to 50,000 square foot: buildings. Their goal is to draw higher end development. Mayor Washburn asked those in opposition to speak. Hearing no one the public hearing was closed at 7:19 p.m. Mayor Washburn questioned the view for the residents of the Senior Citizen facility on the other side of the hill. Staff advised that the view would remain approximately the same with the proposed additional landscape condition. MOVED BY DOMINGUEZ, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO ADOPT THE MITIGATED NEGATIVE DECLARATION 89-57 AND APPROVE TENTATIVE PARCEL MAP 25717 AND INDUSTRIAL PROJECT 89-12 BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS WITH THE INCLUSION OF AN ADDITIONAL CONDITION REFERRING TO THE LANDSCAPE MAINTENANCE. Findings = Tentative Parcel Map 25717 1. This project as conditioned would not have: significant impact upon the environment. 2. The Tentative Parcel Map as conditioned complies with the Goals, Policies and Objectives of the General Plan and the M-1 Zoning Standards. 3. The project as conditioned, complies with the City's Subdivision Standards. 4. The proposed subdivision is consistent with the findings established in the State Subdivision Map Act, Section 66474. Findinas = Industrial Project 89-12 1. Subject to the attached. Conditions of Approval, the proposed project is not. expected to result in any AGENDA ITEM NO. - 12h-4-PAGEE OF PAGE THIRTEEN - CITY COUNCIL MINUTES - AUGUST 28, 1990 significant adverse environmental impacts. 2. The project as conditioned complies with the Goals and objectives of the General Plan and meets all the minimum requirements of the M-1 Zoning District. 3. The project as conditioned 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 proposed project to insure development of the property in accordance with the Objectives of this Chapter in the M-1 District in which the site is located. Planning Division Conditions 1. Tentative Parcel Map 25717 shall expire two (2) years from date of approval unless extended pursuant to State and local law or recordation of Final Map. 2. The applicant shall comply with all mitigation measures as stated in Negative Declaration 89-57. 3. Meet all Riverside County Flood Control District requirements. 4. All lots shall hook up to sewer. 5. Prior to Final Map, the applicant shall sign and complete the "Acknowledgment of Conditions" form and shall return the executed original to the Community Development Department for inclusion in the case records. 6. DELETED. Engineerin-g Department Conditions 7. 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. 8. Provide in -lieu payment for future off-site improvements on Flint Street from Lewis to Lowell or apply for and complete the street abandonment process on Flint Street. 9. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52.030). Document can be obtained from the Engineering Department. 10. "A" Street and Silver Street shall have a sixty (6o) foot right-of-way with forty (40) foot curb -to -curb. 11. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16.34; Resolution No. 85-26). 12. Submit a "will -serve', letter to the City Engineering Department, from the applicable water agency stating that water and sewer arrangements have been made for AGENDA ITEM No. PAGE OF..J • PAGE FOURTEEN - CITY COUNCIL MINUTES - AUGUST 28, 1990 this project. Submit this letter prior to applying for a building permit. 13. Construct all off-site public works improvements per approved street plans (Municipal Code, Title 12). Plans must be approved and signed by the City Engineer prior to final :yap approval (Lake Elsinore Municipal Code 16.34). 14. Street improvement plans and specifications shall be prepared by a Civil Engineer. Improvements shall be to Riverside County Road Department Standards, latest edition, and city codes (Lake Elsinore Municipal Code 12.04 and 16.34). 15. 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). All requirements for encroachment permit shall be fulfilled before Certificate of Occupancy'. 16. Provide Soils, Geology and Seismic reports including street design recommendation prior to recordation of Final Map. Provide final Soils Report showing compliance with preliminary and finish grade certification. 17. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 18. Provide fire protection facilities as required in writing by Riverside County Fire Department. 19. Provide street lighting and show lighting improvements on street improvement plans as required by the City Engineer. 20. Lot drainage shall; be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 21. All natural drainage traversing site shall be conveyed through site, or provided for by a method approved by the City Engineer. 22. Applicant shall provide all necessary off-site easements for off-site grading from the adjacent property owners prior to Final Map approval. 23. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of Final Map. Developer shall mitigate any flooding and/or erosion downstream caused by development of site and diversion of drainage. 24. Contribute $153.00 towards the City's Master Entryway Sign Program 25. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds. AGENDA ITEM NO. PAGE R OF PAGE FIFTEEN - CITY COUNCIL MINUTES - AUGUST 28, 1990 26. Silver Street shall be improved to provide for half street improvements plus an additional twelve (12) feet of pavement west of centerline. 27. Developer shall contribute $3,900 towards the design and construction of a traffic signal at the intersection of Central and Collier. This development will increase traffic at the intersection at least three percent (3%) and should contribute three percent (3%) towards construction. 28. The developer shall pay for "No parking" and Street Sweeping signs. 29. Applicant shall provide written approval from Riverside County Fire Department approving street circulation for site. 30. With the development of this site, all storm facilities shall provide tract and downstream property owners with 100 year storm flood protection. 31. All tracts and engineering shall be digitized by developer per City standard, tapes to be provided prior to issuance of Certificate of Occupancy. If at the time of Certificate of Occupancy no system has been established by the City, this condition shall be waived, and the Developer will pay a fee of $1,000.00 per sheet for future final tract digitizing. 32. Southerly tract boundary shall be extended to centerline of Flint Street and abandoned on map, Southern half of Flint Street from Lewis to Lowell shall be processed for abandonment by the applicant and southern half of street shall be vacated concurrently with Final Map approval. 33. Applicant shall cooperate with property owner of Lot 19 and 20 for the development of Flint Street between Lewis and Silver Streets. 34. Applicant shall provide cash deposit for possible road repair caused by hauling export from site prior to grading permit. 35. Developer shall grade and provide two (2) paved travel lanes (25 feet) on Flint from Silver to existing improvements. Improvements shall match existing grade on Flint subject to the approval of the City Engineer. 36. Conditions, Covenants and Restrictions shall be established for the overall development which defines the responsibilities of the landscape maintenance for the entire development. Said CC & R's shall establish landscape easements to ensure access to all landscaped areas on each lot. 33. Annexation No. 55 and Zone Change 90-7 - Coastal Valley Development. A request to annex unincorporated County of Riverside Land into the City of Lake Elsinore and Pre -Zone the 10.68 acres to allow for commercial uses. The subject property is located between Dexter on the northeast and Interstate 15 AGENDA ITEM NO. - L. !6.. -1 PAGE OF-Jila- PAGE SIXTEEN - CITY COUNCIL MINUTES -• AUGUST 28, 1990 Freeway on the southwest and the existing city Boundaries on the northwest and southeast. Resolution No. 90-83 & Ordinance No. 903. Community Development Director Gunderman detailed this request. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:21 p.m. asking those in favor of this item to speak. No one spoke. Mayor Washburn asked those in opposition to speak. Hearing no one, the public hearing was closed at 7:22 p.m. MOVED BY WINKLER, SECONDED BY STARKEY AND CARRIED BY A VOTE OF 4 TO 0 WITH WASHBURN ABSTAINING TO ADOPT NEGATIVE DECLARATION 90-22, APPROVE ANNEXATION NO. 55 AND ADOPT RESOLUTION NO. 90-53 AND APPROVE ZONE CHANGE 90-7 AND ADOPT ORDINANCE NO. 903 BASED ON THE FOLLOWING FINDINGS: RESOLUTION NO. 90-83 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. 55 - COASTAL VALLEY DEVELOPMENT". ORDINANCE NO. 903 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 10.68 ACRES FROM RURAL RESIDENTIAL (R -R) TO GENERAL COMMERCIAL (C-2) LOCATED BETWEEN DEXTER ON THE NORTHEAST AND INTERSTATE 15 FREEWAY ON THE SOUTHWEST AND THE EXISTING CITY BOUNDARIES ON THE NORTHWEST AND SOUTHEAST. (ZONE CHANGE 90-7; COASTAL VALLEY DEVELOPMENT) UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Findincrs BUCK, DOMINGUEZ, STARKEY, WINKLER NONE NONE WASHBURN 1. The proposed project will not have a significant impact on the environment. 2. The proposed project is within the City's sphere of influence and abuts the City limits. Therefore, the request is a logical extension to the City limits. 1. The project as conditioned will provide the necessary public services to allow development. 34. Zone Change 90-10 - George Alongi. A request to rezone from R-2 (Medium Density Residential) to R-3 (High Density Residential) three adjacent parcels located at the southeast corner of the intersection of Pottery and Langstaff Streets. Ordinance No. 904. AGENDA ITEM NO. PAGE OF PAGE SEVENTEEN - CITY COUNCIL MINUTES - AUGUST 28, 1990 Community Development Director Gunderman detailed this request. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:24 p.m. asking those in favor of this zone change to speak. No one spoke. Mayor Washburn asked those in opposition to speak. Hearing no one, the public hearing was closed at 7:25 p.m. MOVED BY BUCK, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO ADOPT NEGATIVE DECLARATION 90-24, APPROVE ZONE CHANGE 90-10 AND ADOPT ORDINANCE NO. 904 BASED ON THE FOLLOWING FINDINGS: ORDINANCE NO. 904 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING .62 ACRES FROM R-2 (MEDIUM DENSITY RESIDENTIAL) TO R-3 (HIGH DENSITY RESIDENTIAL) LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF POTTERY AND LANGSTAFF STREETS (ZONE CHANGE 90-10: GEORGE ALONGI). UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Findings 1. This request is consistent with the Goals, Policies and Objectives of the General Plan. 2. This request will bring the zoning for the site into conformance with the General Plan. 3. This request will not result in any significant adverse impact on the environment. 35. Ste hens' Kangaroo_ Rat Mitt ativn Fee Ordinance. Ordinance No. 905. Community Development Director Gunderman detailed the background of this ordinance and advised that this will replace the interim ordinance for a two year period. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:26 p.m. asking those persons interested in this ordinance to speak. Hearing no one, -the public hearing was closed at 7:26 p.m. MOVED BY BUCK, SECONDED BY WINKLER TO ADOPT ORDINANCE NO. 905: ORDINANCE NO. 905 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING ORDINANCE NOS. 866, 859, AND 869 AND ADOPTING THE STEPHENS' KANGAROO RAT MITIGATION FEE ORDINANCE. AGENDA ITEM NO. PAGE OF PAGE EIGHTEEN - CITY COUNCIL MINUTES - AUGUST 28, 1990 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: BUSINESS DISCUSSION ITEMS BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NONE NONE NONE 51. Industrial Project 90-6 - Deleo Clay Tile. A request for a 14, 960 square foot addition to an existing 47,953 square foot industrial building located at the southeast corner of Collier Avenue and Chaney Street. Community Development Director Gunderman detailed this request and emphasized some clean up and screening requirements from the conditions of approval. Councilman Buck expressed concern with the fencing requirement and the limitation of storage in the areas held for future parking needs. Mayor Washburn questioned the fencing requirement„ Staff reviewed and confirmed that the fencing requirement had not been required by the Planning Commission and was not proposed. Councilman Buck concurred with staff's recommendation based on the clarification. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT NEGATIVE DECLARATION 90-29 AND APPROVE INDUSTRIAL PROJECT 90-6 BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS: Findings 1. Subject to the attached conditions of the proposed project is not anticipated to result in any significant environmental impacts. 2. This project, as approved, complies with the Goals and Objectives of the General Plan and the Limited Manufacturing Zoning District. 3. This project complies with the design directives contained in Section :17.82.060 and all other applicable provisions of the Lake Elsinore 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 property in accordance with the objectives of Chapter 17.82.060 and the Planning District in which it is located. Planning Division Conditions 1. Approval of Industrial Project 90-6 is contingent upon the approval of Parking Determination 90-1. Parking Determination 90-1 must be reviewed one (1) year from the anniversary date of the release of AGENDA ITEM NO. PAGE -_l d OF,� PAGE NINETEEN - CITY COUNCIL MINUTES - AUGUST 28, 1990 Certificate of Occupancy for Industrial Project 90-6. 2. Design Review Board approval will lapse and be void unless Building Permits are issued within one(1) year. An extension of time up to one (1) year per extension, may be granted by the Planning Commission prior to the expiration of the initial design review approval upon application by the developer one (1) month prior to expiration. 3. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 4. All site improvements shall be constructed as indicated on the approved plan and/or as modified by these Conditions of Approval or the Planning Commission through subsequent action. Materials and colors shall be as shown on exhibits stamped approved in case file. a) All existing and proposed elevations must be of the same color, with the addition that white trim may be used to enhance the side elevations, subject to the approval of the Community Development Director or his designee. b) Loading zones shall be striped on-site in accordance with Section 17.66.050 of the Municipal Code and/or a truck storage area shall be delineated on the site plan providing the area specified by the aforementioned Section, subject to the approval of the Community Development Director or his designee. 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 meet all applicable City Codes and Ordinances. 7. Meet all County Fire Department requirements for fire protection or alternative requirements as modified in writing by the Fire Marshal. S. All undeveloped and/or construction areas associated with the site shall be maintained in a safe and neat manner at all times. 9. Construction generated dust and erosion shall be contained in accordance with the provisions of the Municipal Code using best construction practices. Interim erosion control measures shall be taken within 30 days after rough grading, as approved by the Chief Building Official. 10. No exterior roof ladders shall be permitted. 11. Trash enclosure shall be constructed per City Standards, and provide for two (2) trash bins subject to the approval of the Community Development Director. AGENDA ITEM NO. a►' PAGE OF PAGE TWENTY - CITY COUNCIL MINUTES - AUGUST 28, 1990 12. All exterior lighting sources 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 fixture. No wall pack units shall be permitted. 13. A final grading plan shall be submitted and approved by the Chief Building Official. 14. The project shall connect to sewer. 15. All outdoor ground mounted utility equipment shall be consolidated in a central location and screened architecturally with substantial landscaping, subject to the approval of the Community Development Director. 16. A minimum six-foot (6') high decorative block wall shall be installed along the eastern property line and continuing along the Collier property line. Said wall to connect to the wall adjacent to the Minthorn parking facilities construction as a Condition of approval of Industrial Project 67-1. 17. All signs shall be by City permit only. 18. Applicant shall submit a Final Landscape and Irrigation Plan, which shall place Eucalyptus Trees further from building.,, Revised plan should enhance the decorative screening wall and all existing and new metal building facades visible from the public right-of-way. the reviewed plan shall be subject to the approval of the City's Landscape Architect. The plan shall be approved prior to the Certificate of Occupancy and the release of utilities. 19. The final landscaping, irrigation plan is to be revised and approved by the City's Landscape Architect Consultant for 100% of the City Consultant costs and 20% consultant cost for Planning Department processing. a) All planting areas shall have permanent and automatic sprinkler system with 100% watering coverage. b) Applicant shall plant street trees, selected from the City Street Tree List, a maximum of 30 -feet apart and at least 24 inch box in size, as approved by the Community Development Director c) All planting areas shall be separated from paved areas with a six-inch (611) high and six-inch (611) wide concrete curb. d) Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (3611). e) The landscape plan cover, shrubs, and requirements of the Guidelines. shall provide for ground trees and meet all City's adopted Landscape f) Final landscape plan must be consistent with approved site plan. AGENDA ITEM NO. PAGE OF PAGE TWENTY-ONE - CITY COUNCIL MINUTES - AUGUST 28, 1990 g) Final landscape plans to include planting and irrigation details. 20. Prior to issuance of building permits applicant to complete cleanup of the project site and vacant property west of Minthorn Street removing all unusable equipment and debris. No Outdoor storage shall be allowed on vacant property south or west of the site, without Planning Commission and City Council approval in accordance with the restrictions, provisions and requirements of the Municipal Code. 21. All Conditions of Approval for Industrial Project 87-1 and 87-3 shall apply to this project. All outstanding conditions shall be fulfilled and completed prior to release of Certificate of Occupancy. 22. Applicant to meet all requirements of the Elsinore Valley Municipal Water District. 23. All landscape, parking and screening improvements to be bonded 120%, Faithful Performance Bond, and released at completion of installation of landscape requirements approval/acceptance, and bond 100% for materials and labor for one year. A completion bond shall be posted for all site improvements. 24. Prior to issuance of any grading permits 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. 25. Meet all County Fire Department requirements including emergency vehicle turning radius and fire resistance requirements for all building including sprinklers where required. A letter shall be submitted verifying compliance prior to issuance of building permits. 26. This Parking Determination may be revoked when evidence of spill-over parking is evident onto adjacent vacant lots and onto Chaney, Collier and Minthorn Streets. If revoked, the original application shall be reconsidered by the Planning Commission at a fee set for a new Parking Determination application. En ineerin Department Conditions 27. Construct all off-site improvements and improvements shall be delineated on street improvement plans and must be approved and signed by the City Engineer prior to issuance of building permit (Lake Elsinore Municipal Code 16.34) 28. Street improvement plan and specifications shall be prepared by a civil engineer and improvements shall be to Riverside County Road Department standards and City Codes (Lake Elsinore Municipal Code 12.04 and 16.34). 29. For construction of public works off-site improvements pay all fees and meet all requirements of encroachment permit issued by the Engineering Department (Lake Elsinore Municipal Code 12.08). AGENDA ITEM NO. • PAGE OF PAGE TWENTY-TWO - CITY COUNCIL MINUTES - AUGUST 28, 1990 30. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52.030). 31. Sign agreement for City Landscaping and Street Lighting District (Resolution No. 16.52.030). 32. On-site drainage shall be conveyed to a public facility or accepted by adjacent property owner or conveyed to a drainage easement. 33. Pay all Capital Improvement and plan check fees (Lake Elsinore Municipal Code 16.34). 34. All public work requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code. 35. All compaction reports,, grade certifications, 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. 36. Provide fire protection facilities as required in writing by Riverside county Fire Department for fire protection. 37. Provide street lighting an indicate on street improvement plans as required by the City Engineer. 38. DELETED. 39. Provide corner cut-off dedication on the north and west corners of the property. 40. DELETED. 41. Conditions of Approval of Industrial Project 87-1 and 87-3 incorporated herein by reference where applicable. 42. The site plan, that is a part of the building permit plans, shall designate the dedicated future parking area. Said property can be used for storage until a determination by the Community Development Director is made that parking spaces be provided. 52. Commercial Pr_�ect 89-1 = Design ReviewTime Extension = Sam Hsieh. A request for a one-year time extension on the Design Review approval of an 18,000 square foot commercial/office project located at the northwest corner of San Jacinto Road and Casino Drive. Community Development Director Gunderman advised 'that this extension of time is being recommended by staff because the project is very near the building permit stage and the delays to date have been due to the need to obtain easements. Councilman Dominguez questioned whether a full year is necessary. Mr. Gunderman advised that the easements had not all been finalized and the year would surely give them enough time to begin work. MOVED BY STARKEY, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO EXTEND THE DESIGN REVIEW APPROVAL FOR COMMERCIAL PROJECT 89-1 AGENDA ITEM NO. PAGE OF PAGE TWENTY-THREE - CITY COUNCIL MINUTES - AUGUST 28, 1990 FOR A PERIOD OF ONE YEAR BASED ON THE FOLLOWING FINDINGS: Findings 1. The project will not result in environmental impacts. 2. The project meets the design review requirements of the Municipal Code. 53. Time Extension Request for Tentative Parcel Mau 23381 - Camelot Pra erties. Community Development Director Gunderman detailed previous concerns with the site and the improvements which have been completed to date, including debris clean-up and replaced landscaping. Additional landscaping work will be continuing. He recommended continuance to September 25. Councilman Starkey inquired whether additional landscaping work would be done on the slopes. Community Development Director Gunderman confirmed that additional landscaping would be done with completion the end of September. Councilman Starkey emphasized the need for additional work. Councilman Buck questioned the future improvement of Malaga Road and suggested that it not be postponed until the Casino improvements occur, those improvements need to begin right away. Community Development Director Gunderman advised that he would convey that information to the developer and provide a report back on the timing. City Manager Molendyk advised that this is the last time staff will be recommending an extension. Councilman Dominguez recommended that in the future projects stand alone and are not tied to each other. MOVED BY BUCK, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO REAFFIRM NEGATIVE DECLARATION N0. 90-38 AND CONTINUE THIS EXTENSION TO SEPTEMBER 25, 1990. 54. Appeal of Planning Commission Conditions of Approval Numbers 13, 15, 17, 23� 25, 26, 29, 39, 42 and 43 for Residential Project 90-10 - George Alongi. Community Development Director Gunderman detailed the above mentioned conditions and explained the purpose of each condition. Councilman Buck expressed concern with the requirement for a trash enclosure as one is not required by law, but the applicant has planned to build one. He also advised that the applicant has approached the fire department but not received a response with regard to the project. Staff clarified that as long has he has given the Fire Department the opportunity to respond, he has complied with the Condition. Councilman Buck questioned the need for the bonding in condition #43 and why it would not be adequate to condition the applicant to build the improvements. Mayor Washburn emphasized that these are standard conditions of approval required of all developers. Councilman Buck questioned the viability of these conditions. AGENDA ITEM NO. PAGE QI^ PAGE TWENTY-FOUR - CITY COUNCIL MINUTES - AUGUST 28, 1990 Councilman Dominguez inquired about the City Entry Sign Program and whether these fees are required by Ordinance. Public Services Director Kirchner advised that this is not required by Ordinance, but by previous Council direction. He explained the method of imposing the fee. Extensive Council discussion of conditions and existing policy ensued. Mayor Washburn suggested that since this project was not originally heard by the City Council, this item be continued for two weeks to allow them to review it. MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM FOR TWO WEEKS. BUSINESS ITEMS 55. Separation of Inland Empire Division - League of California Cities. Councilman Winkler detailed the background of this ,item and advised that the Mayor's and Councilmembers Conference Dinner Meeting in Perris on September 12. He advised that the City of Corona has proceeded to initiate this item at the State level of the League for possible consideration at the Annual Conference in October, 1990. After Council discussion the City Council concurred to support Councilman Franklin of Corona's position for separation of the Riverside County Cities from the Inland Empire Division. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY 'UNANIMOUS VOTE TO SUPPORT COUNCILMAN FRANKLIN'S POSITION AT THE SEPTEMBER 12TH MEETING. 56. ApRointment of Downtown Desitin Review Committee Members. Mayor Washburn detailed the work of this committee and advised that 14 applications had been received and reviewed, and recommendations received from D.B.A. He recommended appointment of Sonja Matthies and Ray Grage. MOVED BY BUCK, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS COTE TO APPOINT SONJA MATTHIES AND RAY GRAGE TO THE DOWNTOWN DESIGN REVIEW COMMITTEE. 57. Second Readin = ordinance No. 900. Relating to Zone Change 90-11 - The Clurman Company. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO. 900: ORDINANCE NO. 900 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 50 ACRES LOCATED SUCH THAT IT IS SURROUNDED ON THREE SIDES BY THE RAMSGATE SPECIFIC PLAN AND THE WESTERN BOUNDARY IS ALONG THE SOUTHERLY EXTENSION OF TRELLIS LANE, SOUTH OF HIGHWAY 74 FROM RURAL RESIDENTIAL TO SPECIFIC PLAN. (THE CLURMAN COMPANY ZONE CHANGE 90-11). UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE AGENDA ITEM NO. PAGE 0& OF PAGE TWENTY-FIVE - CITY COUNCIL MINUTES - AUGUST 28, 1990 ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 58. Second Reading = Ordinance No. 901. Relating to Zone Change 89-13 - R. Bruce Kemper. MOVED BY STARKEY, SECONDED BY BUCK TO ADOPT ORDINANCE NO. 901: ORDINANCE NO. 901 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 160 ACRES LOCATED NORTH OF TUSCANY HILLS SPECIFIC PLAN AREA AND GREENWALD AVENUE NORTHWEST OF CANYON LAKE, AND SOUTHERLY OF DORCHESTER LANE TO R-1 (HPD) (SINGLE-FAMILY RESIDENTIAL DISTRICT -HILLSIDE PLANNED DISTRICT) (NORTH GATE DOWNS - R. BRUCE KEMPER ZONE CHANGE 89-13). UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 59. Second Reading = Ordinance No. 902. Relating to Second Amendment to Ramsgate Specific Plan. MOVED BY STARKEY, SECONDED BY BUCK TO ADOPT ORDINANCE NO. 902: ORDINANCE NO. 902 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING THE SECOND AMENDMENT TO THE SPECIFIC PLAN FOR THE RAMSGATE DEVELOPMENT AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE CITY MANAGER COMMENTS City Manager Molendyk reminded Council of the upcoming Study Sessions with the Public Safety Committee on September 5 and the School Board on September 20. CITY COUNCIL COMMENTS Councilman Dominguez detailed the events scheduled for the Labor Day Weekend including a concert, antique auction and classic car show. AGENDA ITEM NO_ F ■ PAGE OF PAGE TWENTY-SIX - CITY COUNCIL MINUTES - AUGUST 28, 1990 Councilman Starkey requested an update on the problems at Chaney and Sumner. Public Services Director Kirchner advised, that the second stop sign had been approved this evening and a barricade should be installed some time this week pursuant to the traffic engineer's recommendation. Councilman Starkey commended staff on the Recreation Brochure and requested that staff detail its features. Community Services Manager Sapp advised that the brochure had gone out to 20,000 residents this time and detailed some of the upcoming activities. Councilman Buck congratulated Jim Rhoades on his appointment as President of the Chamber of Commerce. He also reminded local residents of the improvement program underway in the Downtown area. Councilman Winkler wished former Chamber of Commerce President Arta Valenzuela well and commented that she will be messed. Mayor Washburn congratulated the Chamber of Commerce on their new directory. He reminded the community of the upcoming town hall meeting on the General Plan which is scheduled for August 30th. He detailed the progress to date on Railroad Canyon Road and advised that through extensive efforts by the City and Pardee the road could be open with two lanes by October 15, 1990.. CLOSED SESSION None. ADJOURNMENT MOVED BY BUCK, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 8:29 P.M. ATTEST: VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE GARY M. WASHBURN, MAYOR CITY OF LAKE ELSINORE AGENDA ITEM NO. da &1 - PAGE OF REPORT TO THE CITY COUNCIL DATE: September 11, 1990 SUBJECT: Building Activity Report. Month of August 1990 PREPARED BY APPROVED BYrf� Community Developme Director C' Mana Dave Gunde n Ron Molendyk DISCUSSION: Attached is the Building Activity Report which also includes information for year-to-date and last twelve (12) months for comparison. RECOMMENDATION: Receive and file. AGENDA ITEM NO. PAGE/ OF2-- C I T Y O F L A K E E L S I N O R E DIVISION OF BUILDING AND SAFETY ACTIVITY REPORT - August 1990 NEW 7 - Single Family Residence ...................••.... $ 831,000 0 - Duplexes - Bldgs - 0 Units - 0... ................• 0 0 - Multiple Family - Bldgs - 0 Units - 0 .......... 0 5 - Commercial Crehan 526,465 62,700 ....................................... 32790 Royal Oak Osborne Construction 0 0 - Industrial ........................................ . .............. 0 - Mobile Home Installations ........................ 0 ADDITIONS/ALTERATIONS 34 - Residential ...................................... L. Larson $ 124,092 7 - Commercial ...................................... Pantoja $ 21,990 4 - Industrial ..................................... Crehan $ 62,700 0 - Mobile Home ...................................... 32790 Royal Oak Osborne Construction $ 0 18 - Swimming Pool/Signs/Blockwall/Misc . .............. 280,420 5 - GRADING .......................................... 13,600 ANNUAL COMPARISON CURRENT _YEAR PRECEDING YEAR No. Permits Valuation No. Permits Valuation Month of: August 80 $ 1,860,267 75 $ 1,239,306 Calendar Year: 701 $21,898,976 727 $29,701,349 Last 12 Months: 1063 $42,558,749 1094 $47,249,110 Plumbing Permits: 28 30 Electrical Permits: 43 37 Mechanical Permits: 19 16 Description Owner Valuation NEW SINGLE FAMILY 310 Scrivener L. Larson $ 126,000 311 Lewis Street Pantoja $ 156,000 212 Kellogg Crehan $ 91,000 32795, 32805, 32800, 32790 Royal Oak Osborne Construction $ 458,000 NEW COMMERCIAL 31315 Chaney (Foundations Only) Elsinore Valley Municipal Water District $ 386,465 16820 Lakeshore S S Burger Basket $ 140,000 PORT TO CITY COUNCIL September 11, 1990 SUBJECT: CODE ENFORCEMENT ACTIVITY REPORT MONTH OF AUGUST 2994 PREPARED BY: p� . Dave Gun an R ole Communi Development C y Manage Direct DISCUSSION Attached is the Code Enforcement Activity Report for the month of August, which also includes information on the previous month and year-to-date. RECOMMENDATION Receive and file AGENDA ITEM NO. PAGE__L_OF '` CITY OF LAKE ELSINORE DIVISION OF CODE ENFORCEMENT ACTIVITY REPORT - AUGUST, 1990 AGENDA ITEM NO.� PAGE a.2 0F_eL,) CURRENT PREVIOUS YEAR -TO MONTH MONTH DATE COMPLAINTS: Resident Complaints 28 16 170 Staff Initiated Complaints 21 61 375 Total Complaints Received 49 77 545 Total Violations Corrected 29 52 563 REFERRALS TO OTHER AGENCIES/DIVISIONS Animal Control 01 03 09 Building & Safety 28 06 117 Business Licensing 02 01 034 Health Department 0 0 0 Public Works 12 06 101 Sheriff's Department 22 22 155 Water Department 0 0 0 COURT CASES: Court Hearings (Disputed Citations) 0 0 1 Violations Corrected 0 0 0 NUSIANCE ABATEMENT: Cases Set for Nuisance Abatement Hearing 05 05 29 Total Abatement Completed 03 03 10 TOTAL CASES CLOSED: 97 93 989 AGENDA ITEM NO.� PAGE a.2 0F_eL,) REPORT TO THE CITY COUNCIL DATE: September 11 1990 SUBJECT: Structure Abatement Activit Report - August 1990 PREPARED BY: APPROVED B Community Develop nt Director ity e Dave Gu erman Ron Mole dyk DISCUSSION: Attached is the Structure Abatement Activity Report which contains information on monthly activity and the number of properties involved in the abatement program and their status. RECOMMENDATION: Receive and file. ADEN^A !TE M" NA C I T Y O F L A K E E L S I N O R E DIVISION OF BUILDING AND SAFETY ACTIVITY REPORT ON STRUCTURE ABATEMENT - AUGUST ,1990 New structures in abatement ................. Properties currently being demolished........ Total structures being rehabilitated ........ Structures at Intent Notice ................. Structures at First Notice .................. Structures at Second Notice ................. (For addresses of properties see attached sheet) Current Month Previous Month 0 5 0 2 6 5 2 4 3 6 6 4 STATUS OF STRUCTURE ABATEMENT PROGRAM TO -DATE Total structures that have been demolished by owner......... 57 Total structures that have been rehabilitated ............... 38 Structures demolished by the City ........................... 8 Total structures in the abatement program ................... 120 AGE -WA ITEM 11110. __ i-. FAGS• CSF ACTIVITY REPORT ON STRUCTURE ABATEMENT - AUGUST 1990 NEW STRUCTURES IN ABATEMENT PROPERTIES BEING DEMOLISHED STRUCTURES BEING REHABILITATED 16550 Arnold Avenue - SFR Hazardous 16313 Arnold Avenue - SFR hazardous 309 Lowell Street - SFR hazardous 208 N. Lowell - SFR 212 North Riley - SFR hazardous 29492 Nichols - SFR STRUCTURES AT INTENT NOTICE Camino Del Norte X Main Street - Abandon Structures 30181 Riverside Drive - Triplex abandon STRUCTURES AT FIRST NOTICE 29492 Nichols - SFR Marion Street X Lakeshore Avenue - Structures hazardous 31715 Mission Trail - Illegal structure STRUCTURES AT SECOND NOTICE 303 West Pottery - Multi -Family substandard 30490 Wilson Way - SFR poorly maintained 18010 Heald Avenue - SFR hazardous 31071 Wisonsin - SFR evicted 506 Minthorn - Commercial 29351 Riverside Drive - SFR hazardous AGENDA ITEM ND. PAGE 3 OF_-,f— LAKE ELSINORE DEMAND/WARRANT REGISTER NO. 91-022 PAYEE R DETAIL OF DEMANDS PRESENTED DESCRIPTION A. A. EQUIPMENT RENTAL CO.I A — Z BUS SALES ABILITY SIGNS ACE LOCK 6 KEY ALEXAS MUSIC PRODUCTIONS ALLANS POWER 6 EQUIPMENT RE AMERICAN EXPRESS CO. AMERICAN RED CROSS APPLE ONE ARTISAN GOLDSMITHS 6 AWARDS BARTON—ASCHMAN ASSOCIATES, I BEST CONCRETE CO. BIG AL OIL CO. BISHOP CO. CYNTHIA BLOOD—WILSON MICHAEL BRANDMAN ASSOCIATES PAM BRINLEY BROTHERS TOWING JEFF BROWN dILLIAM S. BUCK C.M.S. BUSINESS FORMS DEPT. OF TRANSPORTATION ACCOUNT CHG'D INV. NO. PAGE NO. 1 DATE 08/31/90 WARRANT CHECK WRITTEN AMOUNT NO. AMOUNT 0395 494.92 0396 3370.71 0397 804.16 0398 79.80 0390 18838.08 20399 69.90 20400 85.00 > 0380 3372.75 0401 670.87 >f 0402 69.22 + 0403 1495.00 >! 0255 700.00 s 0404 3237.56 040 92.48 s 0406 344.80 • 0407 5261.94 s 0408 50.00 >R 0409 75.00 0410 100.00 >R 0411 300.00 0412 1410.29 s 04131 100.19 ITEM lio. S LAKE ELSINORE DEMAND/WARRANT REGISTER NO. 91-022 PAGE NO. DATE 08/31/90 ER PAYEE DETAIL OF DEMANDS PRESENTED WARRANT CHECK WRITTEN DESCRIPTION ACCOUNT CHG'D INV. NO, AMOUNT NO. AMOUNT CALIF. EMPLOYMENT DEVELOPME P-0414 2831.64 * CALIF. EMPLOYMENT DEVELOPME 20415 134.41 * CALIF. PARK 6 RECREATION 20416 40.00 * TERESA CHERVENY 20417 150.00 * CODED SYSTEMS CORPORATION 2041 1186.25 * COM SER CO. 2041 130.00 * CONTINENTAL AIR TOOL, INC. 2042 1504.50 * CURTIS—ELSINORE RANCH CO. 20421 60.00 * DANIEL'S TIRE SERVICE 2042 1129.00 * MICHELLE DAVENPORT 2042 16.65 * DIETRICH INT.TRUCK SALES, I 2042 308.51 * FRED DOMINGUEZ 2042 300.00 * E.V.M.W.D. 20426 218.06 * EASTMAN KODAK COMPANY 204E7 324.25 * EKCC 2042e 1509.25 * EBERHARD EQUIPMENT 20429 489.04 * ELSINORE ELECTRICAL SUPPLY,l 20430 1814.56 * ELSINORE OFFICE PRODUCTS 20431 166.43 * ELSINORE PIONEER LUMBER CO. 20432 1593.64 * ELSINORE READY MIX CO., INC. 20433 1887.05 * ELSINORE VALLEY LITTLE LEAGL 20381 500.00 * ELSINORE VALLEY RENTALS 2043 872.71 * Ar,Et DA 1TE I NO PAGE OF IE LAKE ELSINORE DEMAND/WARRANT REGISTER NO. 91-022 PAYEE DETAIL OF DEMANDS PRESENTED DESCRIPTION ACCOUNT CHG'D FEDERAL EXPRESS CORP. FINAL TOUCH MARKETING FIRST AMERICAN TITLE INS. C FIRST TRUST BANK FONTANA PAVING, INC. FORD MOTOR CREDIT CO. FRED'S ELECTRIC GENERAL TELEPHONE CO. GENERAL TELEPHONE CO. TONY GILENSON GOLDEN OFFICE TRAILERS, INC. GOVERNMENT FINANCE OFFICERS GRAHAM BRAKE & DIESEL CO. GRAINGER GREINER, INC. DAVID A. GUNDERMAN BROWN,HARPER,BURNS,6 HENTSG DIANA L. HEERS HERRERA INTERIORSCAPES HEWLETT PACKARD CO. HORIZON WATERS I. C. B. 0. INV. NO. PAGE NO. 3 DATE 08/31/90 WARRANT CHECK WRITTEN AMOUNT NO. AMOUNT 0435 15.50 0436 820.80 0437 75.00 0388 22893.25 0438 96.05 s 20439 1666.75 * 20440 1750.00 * 20441 75.07 * 2038 2748.48 * 2044 100.00 * 20443 240.19 * 0444 32.00 * 0445 144.72 * 0446 580.70 * 0447 1859.00 * 0448 512.50 s 20449 3000.00 * 20450 560.00 * 20451 154.00 * 0452 1270.00 * 0453 226.10 * 0454 99.87 0 ACEND ITEM 0. POE OF 0 LAKE ELSINORE PAGE NO. 4 DEMAND/WARRANT REGISTER NO. 91-022 DATE 08/31/90 PAYEE WARRANT CHECK ER 3. DETAIL OF DEMANDS PRESENTED WRITTEN DESCRIPTION ACCOUNT CHG'D INV. NO. AMOUNT NO. AMOUNT I.C.M.A. 204SS 235.55 * J b R LANDSCAPE MAINTENANCE 20456 4266.26 * JOHN'S SERVICE CENTER 20457 178.10 * STEVE KARVELOT P-0456 528.00 * VICKI LYNN KASAD 2045 200.00 KLEEN LINE CORPORATION 2046C 346.45 * KLEINFELDER 20461 1826.00 * LAKE ELSINORE ANIMAL FRIENDI 20462 5181.66 * LAKE ELSINORE AUTO PARTS 2046 812.30 * CITY OF LAKE ELSINORE 20389 57851.55 * CITY OF LAKE ELSINORE 20386 823.90 * LAKE ELSINORE FLORIST b GIF 20464 43.77 * LAKE ELSINORE SCHOOL DISTRI 20465 30.00 * MAC FARLANE 6 ASSOCIATES, It 20466 2112.33 * MAYHALL PRINT SHOP 20467 556.59 * RON MOLENDYK 20468 399.50 * MORROW PLUMBING 20469 198.15 * N.B.S./ LOWRY 20470 1192.91 * COUNTY OF ORANGE 20471 115.00 * ORTEGA STATIONERS 20472 67.17 * P. E. R. C. 20473 210.00 * PMW ASSOCIATES 204741 8650.77 r LAKE ELSINORE DEMAND/WARRANT REGISTER NO. 91-022 PAYEE A DETAIL OF DEMANDS PRESENTED DESCRIPTION ACCOUNT CHG'D PACTEL CELLULAR - LA PACTEL CELLULAR - LA t PACTEL CELLULAR - LA {p PAGE TRUCK EQUIPMENT THE PHOTO PLACE THE PLANNING ASSOCIATES PITNEY BOWES INC. THE PRESS ENTERPRISE PRICE SECURITY SYSTEMS PROTECTION ONE PRUDENTIAL OVERALL SUPPLY PRUDENTIAL OVERALL SUPPLY QUAST TREE SERVICE, INC. QUILL CORPORATION RJM DESIGN R.C.C.A.D.V. COUNTY OF RIVERSIDE OFFICE OF THE COUNTY RECORD COUNTY OF RIVERSIDE - SHERI RODRIGUEZ DISPOSAL CO. OHYLLIS ROGERS D.M. SINGLETARY INV. NO. PAGE NO. 5 DATE 08/31/90 WARRANT CHECK WRITTEN AMOUNT NO. AMOUNT 0475 288.88 0476 246.63 * 20477 26.03 * 20478 143.00 * 20479 54.05 * 20480 30977.47 * 0481 426.00 * 0482 764.80 * 0483 2493.75 * 0484 70.00 * 2048 202.40 * 20486 3S2.02 20487 3224.50 * 20488 626.79 * 0489 440.73 * 0256 880.99 0490 75.00 20491 5.00 20492 256.80 0493 36S . 25 �* 0494 107.00 0495 154.28'* ACE QA ITC AGE. -OE_ . LAKE ELSINORE DEMAND/WARRANT REGISTER NO. 91-022 PAGE NO. DATE 08/31/90 PAYEE DETAIL OF DEMANDS PRESENTED WARRANT CHECK WRITTEN OESCRIPTION ACCOUNT CMG'D INV. NO. AMOUNT NO AMOUNT BILL SAATHOFF 20496 100.00 * KEVIN SHEAR 20497 300.00 * SOUTHERN CALIFORNIA EDISON 2049e 3627.69 SOUTHERN CALIFORNIA EDISON C 20499 931.16 * SOUTHERN CALIFORNIA EDISON 20500 7772.24 * STANDARD INSURANCE 20501 1065.00 * STANDARD INSURANCE 2050 261.25 * STANDARD INSURANCE 2050 38.40 * BILL STARKEY 20SOA 300.00 * STATE COMPENSATION INSURANC 20sos 1405.65 * STEWART PACIFIC CORP. 20506 9703.55 * STOCKWELL 6 BINNEY 20507 377.10 * TEMECULA VALLEY PERSONNEL 20508 1140.00 * TEXACO REFINING -MARKETING IIS 20509 56.03 * THOMAS TEMPS aoslo 2071.43 * TOP -LINE INDUSTRIAL 2051t 429.50 s RUSSELL TOURVILLE CONSTRUCT 2051 2140.00 * U. P. S. 20513 55.29 * U.S. DIARY COMPANY 20514 140.84 * UNITED STATES POSTMASTER 20382 1919.00 * UNIVERSAL COACH PARTS INC. 20515 697.76 * VALLEY INLAND PHYSICIANS 20516 54.00 * AGEN )AM I NO. AGE OF E LAKE ELSINORE DEMAND/WARRANT REGISTER NO. 91-022 PAYEE R DETAIL OF DEMANDS PRESENTED DESCRIPTION GARY WASHBURN RICHARD WATENPAUGH WHITNEY MACHINERY AL WILSEY JIM WINKLER RAY WOOD ASSOCIATES RAY WOOD ASSOCIATES RAY WOOD ASSOCIATES ZEE MEDICAL KNIGHT PRINTING 6 COPY CENT SMART d FINAL EXCALIBUR SECURITY SERVICES FRATELLI MELLONI AUTO BODY MP CONCRETE PUMPING SERVICE CREATIVE CULINARY CONCEPTS TRANSWORLD SYSTEMS INC. ALL AMERICAN HEATING MOLIFUA SECURITY REDI NATIONAL SPORTS PINS MJM TRUSS CO., INC. DIANNA PERKINS ACCOUNT CHG'D + INV. NO. AMOUNT PAGE NO. 7 DATE 08/31/90 WARRANT CHECK WRITTEN N0. T AMOUNT 0517 300. Of 0518 500.0c 0519 571.91 0520 100.00 20521 300:00 20522 3825.00 20384 300.00 0385 150.00 0523 15.32 0524 392.84 20525 170.14 20526 310.00 20527 681.36 20528 204.00 20387 950.00 20529 9.00 20530 177.00 20531 2800.00 20532 130.00 20533 127.54 20534 30.00 20535 249.00 AGE4ITEM O. LAKE ELSINORE EMAND/WARRANT REGISTER NO. 91'i PAYEE DETAIL OF DEMANDS PRESENTED DESCRIPTION I MARIA ALVARADO DANEEN HARDER PATRICIA DAVIS KATHY HEINRICHS MRS. SOL RIVERA BUILDER A S L CONSULTING ENGINEERS DIANE MC ALARY CA. MUNICIPAL BUSINESS TAX SANDRA PARTIN MURRAY'S HOTEL & RESTAURANT PRECINCT REPORTER RANCHO CRANE RENTAL MARK BLAZEK FENCING DENVER MARRIOTT EL CHICANO D. W. JENSEN CORPORATION MORRISON HOPE INC. CANTERBURY INTERNATIONAL IN( EXTERIOR DESIGNS MR. TOM SHIPLEY COMMUNITY NEWS NETWORK I ?22 ACCOUNT CHG'D INV. NO. PAGE NO. 8 DATE 08/31/90 WARRANT CHECK WRITTEN AMOUNT NO. AMOUNT 20536 500.00 20531 25.00 + 2053 20.00 2053 25.00 * 20540 25.00 * 20541 29.9s * 20542 2539.75 * 20543 85.00 * 2054 40.00 * 2054B 52.50 20546 1994.50 * .20547 159.60 * 20,548 170.00 * 20549 400.00 * 20550 528.00 * 20551 228.00 * aosse 14255.28 20551 82.50 * 20554 861.76 * 20555 55.00 * 20556 250.00 * 20557 405.28 * ITEM 0- LAKE ELSINORE )EMAND/WARRANT REGISTER NO. PAYEE DETAIL OF DEMANDS PRESENTED DESCRIPTION IWITHROW RANCH INC. 91-022 PAGE NO. 9 DATE 08/31/90 WARRANT CHECK WRITTEN ACCOUNT CHO'D INV. NO. AMOUNT NO. AMOUNT 0558 250.00 14 OF LAKE ELSINORE DEMAND/WARRANT REGISTER NO. 91-022 PAYEE DETAIL OF DEMANDS PRESENTED DESCRIPTION I ACCOUNT CHG'D RECAP BY FUND GENERAL FUND 100 TRANSPORTATION FUND 112 LIGHTING/LANDSCAPE DISTR 130 STREET CAPITAL PROJECTS 201 BRIDGE CAPITAL PROJECTS 202 PARK CAPITAL PROJECTS F0221 L.E.T.S. FUND 450 OTHER FUNDS 999 PAGE NO. 10 DATE 08/31/90 WARRANT CHECK WRITTEN INV. NO. AMOUNT NO. AMOUNT WRITTEN 183049.05 PREPAID 111928.00 ACCRUED .00 TOTAL 294977.05 RE -PAID WRITTEN 107619.04 105872.38 .00 17475.79 4.89 15225.79 .00 1826.00 .00 5261.94 .00 24404.03 50.33 9677.88 4253.74 3305.24 DA ITEM NO. %5 CARL WARREN 81 CO. Insurance Adiusrcrs Claims Admimsrramrs P O Boz 25180 Santa Ana, CA 92799-5180 (714) 972.3146 (800) 572.6900 TO: City of Lake Elsinore Attention: Vickie Kasad Date: SEPT. 4, 1990 Re: Claim: Russo vs Lake Elsinore Claimant: Thomas & Timothy Russo D/Event: 8-16-89 Rec'd Y/Office: 8-27-90 Our File: S 64887 DK We have reviewed the above captioned claim and request that you take the action indicated below: 0 CLAIM REJECTION: Send a standard rejection letter to the claimant. Q CLAIM INSUFFICIENCY: In accordance with the telephone conversation of , 19 , a notice of insufficiency must be mailed to the claimant no later than , 19.THIS MUST BE MAILED TO THE CLAIMANT WITHIN 20 DAYS OF RECEIPT OF THE ORIGINAL CLAIM IN YOUR OFFICE. DO NOT SUBMIT A "REJECTION" LETTER. See Government Code Sections 910 and/or 910.2 and/or 910.4. L] AMENDED/SUPPLEMENTAL CLAIM: Send a standard rejection letter to the claimant, rejecting this additional/amended claim. I� LATE CLAIM RESPONSE: Return the original claim material to the claimant, advising that the claim is late and that their only recourse is to file a written "Application for Leave to Present a Late Claim". (Retain copies in your file.) THIS MUST BE MAILED TO THE CLAIMANT WITHIN 45 DAYS OF RECEIPT OF THE CLAIM IN YOUR OFFICE. DO NOT SEND A "REJECTION" LETTER. See Government Code Section 911.4. APPLICATION REJECTION: Reject claimant's "Application for Leave to Present a Late Claim". See Government Code Section 911.8. D TAKE NO ACTION: Defer any written response to the claimant pending our further advice. Please provide us with a copy of the notice sent, as requested above. If you have any questions, please contact the undersigned. cc: S.C.J.P.I.A. Very,truly yours, CARLIWARREN & COMPANY AGENDA ITEM NO. _(Q� F PAGE OF�.� APPLICATION TO FILE LATE CLAIM AGAINST PUBLIC ENTITY In the Matter of the Application for Permission to File Late Claim of: SHARRI JORDAN RUSSO, Guardian ad Litem of THOMAS RUSSO and TIMOTHY RUSSO, Minors, Claimants, VS. The City of Lake Elsinore. 1. RONALD J. RICHARD, Attorney of Record for and on behalf of SHARRI JORDAN RUSSO, Guardian ad Litem of the minors THOMAS RUSSO and TIMOTHY RUSSO, (Claimants) hereby applies to the City Council of the City of Lake Elsinore for leave to present a claim against said City, pursuant to Section 911.4 of the California Government Code and the declaration of Ronald J. Richard attached hereto. 2. The cause of action of RONALD J. RICHARD, Attorney of Record for and on behalf of SHARRI JORDAN RUSSO, Guardian ad Litem of the minors, THOMAS RUSSO and TIMOTHY RUSSO, (Claimants) as set forth in his proposed claim attached hereto, accrued on August 16, 1989, a period within one year from the filing of this application. 3. RONALD J. RICHARD, Attorney of Record for and on behalf of SHARRI JORDAN RUSSO, Guardian ad Litem of the minors, THOMAS RUSSO and TIMOTHY RUSSO, (Claimants') reason for the delay in presenting claim against the City of Lake Elsinore is as follows: 1. Sharri Jordan Russo, Guardian ad Litem of the minors, Thomas Russo and Timothy Russo, (Claimants herein) is the natural mother, has legal physical custody and is the managing conservator of said minor children all of whom reside within the State of Texas. The delay in presenting this claim is partially due to the distance of her residence, the place where the accident took place and the proper place to file a claim. 2. To further complicate matters and thereby cause delay in filing a claim the paternal parent of the minor children herein and the ex-husband of the Guardian ad Litem of the minor children also initiated investigative and legal proceedings relating to the accident with another law office located in Los Angeles. Because the minors' paternal parent did not have legal custody of said minor children, he has no standing to in'tiate�rocee gs on their behalf and it has taken time to res ve th's matter' wi h the other law firm. DATED: August 1990 of Claimant by R'-4gte/ .' RICHARD, Attorney finant AGENDA ITEM NO.� `` PAGE. OF _ REPORT TO CITY COUNCIL DATE: SEPTEMBER 11, 1990 SUBJECT: ASSESSMENT DISTRICT 88-3 - WEST END PREPARED BY: -cep APPROVED B C. Ray mood, Administrat '40 end ,Services Director Manager BACKGROUND. Proceedings have been in progress for several years to form and fund Assessment District 88-3, a Community Facilities District, for the purpose of construction of various infrastructures in west Lake Elsinore, as part of development in that area. A development agreement with the various developers has been previously approved. A Construction Management and Funding and Acquisition Agreement has been negotiated and is presented for your consideration. It should be noted that staff does not agree with Section 2 of the Covenants of the Agreement. It was left in tact for City Council consideration at the specific request of Developers. FISCAL. IMPACT• The agreement has no negative fiscal impact upon the City since all costs will be paid by the Assessment District. RECOMMENDATION: It is recommended that the City Council approve and authorize the Mayor to sign the proposed agreement subject to: I. Removal of Section 2 of Covenants. 2. Final execution by Developers of the previously approved Development Agreement. AGENDA ITEM NO - PAGE DF RESOLUTION NO. "1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING A FORM OF CONSTRUCTION MANAGEMENT AND FUNDING AND ACQUISITION AGREEMENT AND RESCHEDULING 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 WHEREAS, the City Council (the "City Council") of the City of Lake Elsinore ("the City") has heretofore on November 14, 1989, duly adopted Resolution No. 89-64 declaring its intention to establish a community facilities district and to levy a special tag to pay for certain public facilities in and for such community facilities district under and pursuant to the terms and provisions of the "Mello -Roos Community Facilities Act of 1982" (the "Act"), being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, which such community facilities district was designated as "City of Lake Elsinore Community Facilities District No. 88-3 (West Lake Elsinore)" (the "Community Facilities District"); and WHEREAS, the City Council has heretofore on November 14, 1989, duly adopted Resolution No. 89-65 declaring its intention to incur a bonded indebtedness in the amount of thirty million dollars ($30,000,000) to finance certain public infrastructure facilities, including streets, drainage, sewer and water improvements, fire protection and park facilities, together with necessary appurtenances thereto and site and right-of-way acquisition (the "Facilities") within the Community Facilities District, such bonded indebtedness to be secured by the levy of a special tag within the Community Facilities District; and WHEREAS, pursuant to Resolution No. 89-64, a public hearing was held by the City Council on December 26, 1989, at which hearing all persons interested, including all taxpayers, property owners and registered voters within the Community Facilities District were given an opportunity to appear and be 2280c5 AGENDA ITEM NO. PAGE OF heard, and the testimony of all interested persons or taxpayers for or against the establishment of the Community Facilities District and the levy of the special tax therein, or the extent of the Community Facilities District, or the furnishing of the Facilities, or the establishment of an appropriations limit therefor, or any other matters set forth in said Resolution No. 89-64, was heard and considered; and WHEREAS, at the end of said public hearing the City Council duly adopted a Resolution of the City establishing the Community Facilities District and calling an election in the Community Facilities District for Wednesday, June 13, 1990, to submit to the qualified electors within the Community Facilities District the combined ballot proposition of levying a special tax, of establishing an appropriations limit and of incurring a bonded indebtedness, such combined ballot proposition to read substantially as set forth in Exhibit A thereto; and WHEREAS, pursuant to said Resolution No. 89-65, a public hearing was held by the City Council on December 26, 1989, at which hearing any persons interested, including all taxpayers, property owners and registered voters within the CommunitJ Facilities District, were given an opportunity to appear and be heard on the proposed debt issue or any other matters set forth in said Resolution No. 89-65, and they were permitted to present any matters relating to the necessity for incurring such bonded indebtedness to pay for all or a portion of the Facilities and to be secured by a special tax to be levied within the Community Facilities District; and WHEREAS, at the end of said public hearing the City Council duly adopted a Resolution of the City declaring the necessity to incur a bonded indebtedness to finance all or a portion of the Facilities for the Community Facilities District and calling an election in the Community Facilities District for Wednesday, June 13, 1990, to submit to the qualified electors within the Community Facilities District the combined ballot proposition of levying a special tau, of 2633c5 2 AGENDA ITEM NO. PAGE OF establishing an appropriations limit and of incurring a bonded indebtedness, such combined ballot proposition to read substantially as set forth in Exhibit A thereto; and WHEREAS, a form of Construction Management and Funding and Acquisition Agreement pertaining to the construction and acquisition of facilities in the Community Facilities District by and between the City and the developers and/or owners of land within the Community Facilities District (the "Construction Management and Funding and Acquisition Agreement") has been prepared and filed with the City Clerk; and WHEREAS, due to the concurrent processing of the land within the Community Facilities District for subdivision approvals and the negotiation of development agreements and financing parameters with the various parties to the financing, the City Council has postponed and rescheduled the election approving the levy of the special tax; and WHEREAS, the City Council is fully advised in the premises; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, AS FOLLOWS: -Section 1. All of the above recitals are true and correct. Section 2. The City Council hereby approves the Construction Management and Funding and Acquisition Agreement in substantially the form on file with the City Clerk, with such changes therein as the Finance Director of the City and bond counsel may require and approve, and the City Manager or the Finance Director is directed to execute such agreement, such execution constituting approval thereof by the City. Section 3. The City Council hereby declares and deems that the public convenience and necessity require that the election scheduled for September 12, 1990 in the Community Facilities District be postponed. Section 4. The election shall be and is hereby called and ordered to be held in the Community Facilities 2633c5 3 AGENDA ITEM NO. PAGE OF District on Wednesday, September 19, 1990, at which election there shall be submitted to the qualified electors within the Community Facilities District the combined ballot proposition of levying a special tax, of establishing an appropriations limit and of incurring such bonded indebtedness, such combined ballot proposition to read substantially as set forth in Exhibit A hereto, with such changes therein as shall be requested by the City Clerk as the designated election official of the Community Facilities District. Section 5. If the combined proposition for the levying of such special tax, the establishing of such appropriations limit and the incurring of such bonded indebtedness receives the approval of more than two-thirds (2/3) of the votes cast on the proposition, the bonds may be issued and sold for the purpose for which authorized, and the bonds (except where funds are otherwise available) shall be paid exclusively from the annual levy of such special tax and are not and shall not be secured by any other taxing power or funds of the City or other public agency or the Community Facilities District. Section 6. The City Council does hereby submit to the qualified electors within the Community Facilities District at said special election the combined ballot proposition described in Section 4 of this resolution, and designates and refers to said proposition in the form of ballot hereinafter prescribed for use at said election. (a) Said special election shall be held and conducted, and the votes thereat canvassed and the returns thereof made, and the results thereof ascertained and determined, as herein provided; and in all particulars not prescribed by this resolution said special election shall be held and conducted and the votes received and canvassed in the manner provided by the laws regulating elections of the City and consistent with the Act. (b) The requirements of Section 53326 of the Act have been waived by each landowner; the ballots for the 2633c5 4 AGENDA ITEM NO. PAGE OF special election shall be distributed by personal or mailed delivery to each of the landowners within the Community Facilities District. Each landowner shall have one vote for each acre or portion thereof that he, she or it owns within the Community Facilities District, as provided in Section 53326 of the Act. (c) All qualified electors qualified to vote at elections in the Community Facilities District upon the date of the special election herein provided for shall be qualified to vote upon the measure submitted at said special election. (d) On the ballots to be used at said special election, in addition to all other matters required by law to be printed thereon, shall appear the measure described in Section 3 hereof. Each voter to vote for said measure and for levying said special tax, establishing such appropriations limit and incurring said bonded indebtedness shall mark the ballot card in the space opposite the word "YES" or to vote against said measure and against levying said special tax, establishing such appropriations limit and incurring said bonded indebtedness shall mark the ballot card in the space opposite the word "NO." (e) The ballots to be used at said special election must be received in the office of the City Clerk by 5:00 o'clock p.m. the date of the election; if all qualified electors have voted by such time, the election shall be closed. (f) The City Clerk shall commence the canvass of the returns of the special election at 9:00 A.M. on the day following the date of the special election and at the conclusion thereof shall determine the results of the special election and shall certify said results to the City Council. (g) The City Council shall declare the results of said special election at the next regular meeting following receipt of the certificate from the City Clerk, and shall cause to be spread upon its minutes a statement of the results of said special election as ascertained by said canvass. 2633c5 5 AGENDA ITEM NO. PAGE OF Section Z. The City Clerk is hereby directed upon the passage and adoption of this resolution to publish a copy of the same once in the Sun Tribune, a newspaper of general circulation in the area of the Community Facilities District, in accordance with Section 53352 of the Act. This publication shall constitute notice of said special election at which the combined proposition of levying a special tax, establishing an appropriations limit and incurring a bonded indebtedness is submitted to the qualified electors within the Community Facilities District, and no other notice of said special election need be given. 2633c5 6 AGENDA ITEM NO. — *17 P PAGE OF PASSED, APPROVED and ADOPTED this 11th day of September, 1990. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTENTIONS: COUNCILMEMBERS: GARY M. WASHBURN, MAYOR ATTEST: VICKI LYNNE KASAD, City Clerk APPROVED AS TO FORM AND LEGALITY: JOHN R. HARPER, CITY ATTORNEY 2633c5 AGENDA ITEM NO. PAGE � OF EXHIBIT A PROPOSITION XXX: Shall City of Lake Elsinore Community Facilities District No. 88-3 (West Lake Elsinore) be authorized to finance all or a portion of the acquisition and construction of public infrastructure facilities, including streets, drainage, sewer and water improvements, fire protection and park facilities, together with necessary appurtenances thereto and site and right-of-way acquisition, by incurring a bonded indebtedness in the principal amount of $30,000,000 and shall an appropriations limit in the amount of $3,000,000 per fiscal year in connection therewith be established for the Community Facilities District, and shall a special tax with a maximum rate and method of apportionment as provided in Exhibit C to Resolution No. 89-64 adopted by the City Council of the City of Lake Elsinore on November 14, 1989, which is incorporated by reference herein, be levied to pay for such public facilities, including the payment of current and future principal of and interest on such bonds and the annual administration expenses of the City and the Community Facilities District in determining, apportioning, levying and collecting the special tax, and including the repayment of funds advanced to or on behalf of the Community Facilities District? 2633c5 8 AGENDA ITEM NO. PAGE 3— OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 88-3 (WEST LAKE ELSINORE) CONSTRUCTION MANAGEMENT AND DING AND ACQUISITION AGREEMENT THIS AGREEMENT is made and entered into as of the day of , 1990, by and between the CITY OF LAKE ELSINORE, a municipal corporation organized and existing under the constitution and laws of the State of California (hereinafter referred to as the "City"), and certain owners and/or developers of land within the boundaries of City of Lake Elsinore Community Facilities District No. 89-1 (West Lake Elsinore) listed on the execution page as parties hereto (each, together with their successors and assigns, being hereinafter referred to as a "Landowner" and together, the "Landowners"). 1. Landowners are the owners of approximately acres of land located in the City of Lake Elsinore, California, which is within an area of land to be subject to a special tax to pay for the acquisition of certain public facilities (such area of land hereinafter referred to as the "Property" as shown on Exhibit "A" hereto). Each Landowner, being a landowner or its designated representative within the 2604m5 AGENDA ITEM NO. r1 PAGE OF SA proposed Community Facilities District (the "District"), has participated in the proceedings for the establishment of a community facilities district pursuant to the "Mello -Roos Community Facilities Act of 19820, as amended, being Chapter 2.5 of Division 2 of Title 5 (commencing with Section 53311) of the Government Code of the State of California (the "Act") over and including the Property, and to provide for the levy of a special tax and the sale of bonds to finance the construction and/or acquisition of certain public improvements which are described in Exhibit '8" hereto (hereinafter referred to as the "Facilities"). 2. The City, a Public Agency (as defined below) or a Landowner may perform the construction of any of the Facilities with the objective of expediting the installation of the Facilities to meet the needs of such Landowner, subject to the approval of the Construction Manager (as defined below) consistent with this Agreement. 3. The City is authorized by Sections 53313.5 of the Act to acquire and finance the acquisition of authorized public improvements pursuant to the requirements of the Act. 4. The purpose of this Agreement is to provide for coordination between City and each Landowner with regard to the design and construction of the Facilities, the establishment of a Community Facilities District over and including the Property, the levy of a special tax on properties within the District and the sale of bonds by the District to finance the construction of Facilities by the City 2 2604m5 AGENDA ITEM NO, PAGE p� and/or the acquisition of Facilities by a Public Agency from a Landowner when the construction thereof has been completed by such Landowner to the satisfaction of the City and such Public Agency, and to provide for certain other matters related to the design, construction and acquisition of the Facilities. 5. The City and the Landowners are entering into Development Agreements (the "Development Agreements") setting forth certain rights of the Landowners with respect to their development of Land within the District. 6. In the context of this Agreement, the term "Public Agency" shall include the City, the Riverside County Flood Control and water Conservation District or any other public agency which will own, operate or manage any of the Facilities described herein. NOW, THEREFORE, in consideration of the preceding recitals and the mutual promises and covenants hereinafter contained, the parties agree as follows: Section 1. Sale of Bonds. Upon the completion of the proceedings for the establishment of the District, the City shall proceed, as hereinafter provided, with the sale of bonds for the District in an aggregate principal amount not to exceed $30,000,000 (the •Bonds"), which Bonds may be issued in series from time to time, for the purpose of raising an amount sufficient to pay for the design and construction and/or acquisition of the public facilities (the 'Facilities") which 3 2604m5 AGENDA ITEM NO. PAGE f� OFA^_ are generally described in Exhibit "B" attached hereto. The timing of the issuance and sale of the Bonds, or any series thereof, the aggregate principal amount thereof, and the terms and conditions upon which they shall be sold shall be determined by the City in consultation with the Landowners' Representatives (as defined in Section 20 hereof). In general, the timing of the issuance and sale of the Bonds, or any series thereof, shall be determined by taking into account the schedule for the completion of the design and construction of the Facilities and the schedule for the development of the Property. The special tax to be levied on the Property shall be apportioned among the lots and parcels comprising the Property based on the Rate and Method of Apportionment of Special Tax prepared for the District. The City shall not issue and sell Bonds in an amount in excess of the amount, including administrative costs, which may be supported by the special tax on the Property. Notwithstanding any provision of this Agreement, if for any reason the proceedings for the establishment of the District are net completed or if City does not sell Bonds for any reason whatsoever, City shall be relieved of its obligations under this Agreement with respect to the construction and/or acquisition of Facilities or reimbursement of costs advanced by Landowners. Section 2. Cgnstructign Eund Shortfall. It is anticipated that the Bonds will be purchased by the Lake Elsinore Public Financing Authority under its Marks -Roos Bond 4 2604m5 AGENDA ITEM NO. — "7 PAGE, OF, Program. If such purchase results in less Construction Fund proceeds than would have been available had the Bonds been sold through a conventional underwriting, the City shall commit the use of the balance of the Development Agreement Fee paid by the Landowners to the City, to fund such shortfall. Section 3. jkdvance for i Expenses,. The City may require the Landowners to advance moneys for paying costs associated with the District and any moneys so advanced shall be held and invested by City and utilized to pay the City's costs associated with the inspection and evaluation of the construction of the Facilities until such time as Bond - proceeds shall be available to pay such expenses. Such expenses may include expenses associated with the review and approval of the Plans and Specifications, fees and expenses of the Construction Manager as well as costs incurred in the inspection of the construction of the Facilities. upon sale of Bonds, Landowners shall be credited with any such amounts previously paid to the City, and all investment earnings thereon. If the City determines prior to the sale of the initial series of Bonds for the District that its expenses will exceed amounts advanced by Landowners, City shall notify Landowners in writing of such additional amount which City estimates will be required in order to pay the balance of said expenses, and each Landowner shall deposit its Pro Rata Share (as defined in Section 20 hereof) with City within fifteen (15) business days after receipt of such notice of the additional amount estimated by City. All such amounts paid to 5 2604m5 AGENDP► ITEM NO. PAGE OF or deposited with City by Landowners for said expenses, including interest thereon, shall be reimbursed by City to Landowners based on each Landowner's Pro Rata Share from the proceeds of the sale of the initial series of Bonds for the District, subject to the limitations contained in this Agreement. - =_i.. . MIUM aggregate principal amount of the Bonds and of each series thereof shall include an amount needed to fund the Facilities to be financed from the proceeds of such series of Bonds, such reserve fund for the payment of principal of and interest on the Bonds as is determined by the City to be necessary and appropriate, capitalized interest on the Bonds of such series for a period of two years or such lessor amount as is agreed upon by the Landowners and the City, the amount of the discount of the underwriter who purchases the Bonds of such series, and other expenses incurred by the City in connection with the issuance and sale of such series of Bonds, including bond counsel fees, legal fees, fees of the bank which will act as transfer agent, registrar and paying agent for such series of the Bonds, other fees and costs normally incidental to the sale of bonds, and such other fees and costs enumerated in Section 53345.3 of the Government Code as the City determines are necessary or appropriate. The City shall also include within the aggregate principal amount of the Bonds of each series an amount to reimburse Landowners for costs and expenses incurred by them which are related to the A 2604m5 AGENDA ITEM NO. PAGE OF establishment of the District and the design and construction of the Facilities, such amounts shall include, but not be limited to, costs of legal counsel, engineers and consultants retained by Landowners. Section 5. pgsian• The Landowners shall cause the Facilities which have not yet been designed to be expeditiously designed so that design thereof will be completed as soon as practicable. The Landowners' Representatives and their design engineer shall consult with the City's Public works Department or representatives of applicable Public Agencies at regular intervals as prescribed by said department and said representatives as design progresses. Upon completion of the design of each such Facility to the satisfaction of the applicable Public Agency and when all applicable plan checking and other fees have been paid, or funds are available to the District for such purposes, the City and any applicable Public Agency shall notify the design engineer that the design of such Facility is completed and acceptable to the City or such Public Agency, as the case may be. The Landowners have been authorized by the City to commence the design of the Facilities, and the City has approved the retention of The Keith Companies/Butterfield Engineers, to design the Facilities. The Landowners' Representatives may retain other qualified professionals to design such portions of the Facilities as the Landowners' Representatives shall determine to have designed other than by 7 2604m5 AGENDA ITEM NO. PAGE OF The Keith Companies/Butterfield Engineers, subject to written notice by the Landowners' Representatives to the City. The Landowners shall be reimbursed out of the proceeds of the sale of the Bonds each Landowner's Pro Rata Share of expenses incurred in designing the Facilities, including all applicable plan checking and other fees paid by the Landowners as provided above in this section. Section 6. CQnstruction Management. The City and the Landowners have determined that because of the construction activities which will be ongoing in the District concurrently with the construction of the Facilities, which will necessitate continuous coordination between the various contractors and Public Agencies, it is in the best interests of the City, the Public Agencies and the Landowners that the City retain [Paul Moot & Associates], (the 'Construction Manager") to manage the construction of the Facilities. As construction manager with respect to the construction of the Facilities, the Construction Manager's duties and responsibilities shall include the scope of work attached as Exhibit C hereto and shall also include the following: (a) The Construction Manager shall manage, in consultation with and with direction from the Landowners' Representatives, the Public Agencies and the City, all aspects and phases of the construction of the Facilities and shall act as the City's representative in all dealings with the contractors who will construct the Facilities pursuant to contracts with the City. 8 2604m5 AGENDA ITEM NO. PAGE OF -.5_2= (b) Upon approval by the applicable Public Agency of the construction documents, which include the plans, specifications and bidding and contract documents for the construction of the Facilities, or such specified portion thereof, and obtaining competitive bids therefor, and upon the sale of the Bonds, or a series thereof, in aggregate principal amount sufficient to finance the construction of such Facilities, or a specified portion thereof, the Construction Manager shall advertise for and obtain competitive bids for the construction of the Facilities or such specified portion thereof in accordance with the applicable Public Agency's - standard requirements therefor. All such bids shall be addressed to the Construction Manager who shall process and open the bids in accordance with the applicable Public Agency's standard requirements. (c) Upon receipt of bids for the construction of the Facilities or such specified portion thereof, the Construction Manager shall promptly review and analyze the bids which have been received and shall prepare a report to the City and the Landowners' Representatives with respect to the bids and the awards of contracts. (d) Each contract shall be entered into between the City and the successful bidder therefor; provided that the Construction Manager shall be named as an additional insured as to all insurance policies to be provided by the contractors pursuant to the specifications for the construction of Facilities, and provided that each contract shall provide that 9 2604m5 AGENDA ITEM N .� PAGE OF the City shall have no obligation to pay the contract amount, except from funds available to the District, or from funds provided pursuant to Section 20 hereof. (e) The Construction Manager shall be responsible for ensuring that each successful bidder returns all contracts, bond forms, insurance certificates and endorsements, and other certifications and documents required to be submitted pursuant to the specifications in a timely manner, including certifications with regard to the payment of prevailing wages. The Construction Manager shall consult with and take direction from the City Attorney as to the adequacy of compliance of each successful bidder with the requirements of the specifications as to all such matters. When a successful bidder has satisfactorily completed the submission of executed and acknowledged contracts, bond forms, insurance certificates and endorsements and other certifications and documents required by the specifications, the Construction Manager shall notify the Landowners' Representatives and the Public Works Department thereof, and the Directors of that department shall in turn notify the City Council that such successful bidder has satisfied all such requirements and that the related contract is ready for execution on behalf of the City. The City shall thereafter execute such contract within 10 business days of being provided notice by the Construction Manager that such contract is ready for e=ecution. (f) The Construction Manager shall in cooperation with the Landowners' Representatives and the public Works 10 2604m5 AGENDA ITEM No. 7 PAGE OF Department schedule and coordinate preconstruction meetings with all contractors, and as a result thereof, shall develop in coordination with the Landowners' Representatives schedules for the completion of the construction of the Facilities which shall be coordinated with schedules for the completion of other construction work which Landowners will have concurrently ongoing in connection with their development projects. (g) Upon execution of a contract, as provided in (e) above, the Construction Manager shall issue a notice to proceed to such contractor. (h) During construction of the Facilities or any portions thereof, the Construction Manager shall coordinate with the contractors and deliver instructions and requirements to the contractors, and shall consult with the Landowners' Representatives. The Construction Manager shall cooperate and consult with the Landowners' Representatives, the City's Public Works Department and the applicable Public Agency's inspectors as required by the City or the inspectors. (i) The Construction Manager shall in coordination with the applicable Public Agency's inspectors at all times keep the Landowners' Representatives and the Public Works Department advised of the progress of construction of the Facilities. (j) The Construction Manager shall make all necessary arrangements with the contractors to afford the applicable Public Agency's inspectors adequate access to job 11 2604m5 AGENDA ITEM UO.. - OF sites at all times required by the inspectors for purposes of performing their inspection services. (k) The Construction Manager shall be responsible for resolving any dispute with any contractor with regard to the interpretation of the plans and specifications or contract documents, the progress of work, or the adequacy of the contractor's performance. (1) The Construction Manager shall analyze and certify to the Public Works Department the progress payment requests of the contractors, advising that department as to whether or not the contractor's estimate of the percentage of completion of the construction of the related portion of the Facilities is correct and of the amount to be paid by the City to the contractor on the basis of each progress payment request and as to the status with respect to the release of any claims of liens recorded by any person, firm or corporation with respect to such work. (m) Upon completion of the construction of the Facilities, or any portion thereof, the Construction Manager shall determine whether construction of the Facilities or the portion thereof which is then completed has been satisfactorily completed in accordance with the plans and specifications therefor, and shall report to the Public Works Department and the Landowners' Representatives the results of such analysis and investigation. (n) The Construction Manager shall notify the City and the Landowners' Representatives that the time for 12 2604m5 AGENDA ITEM NO. PAGE OF recording claims of liens has expired and that no claims of liens have been recorded by or on behalf of any person, firm or corporations with respect to the relevant Facilities, and when the release of the retention amount is to be made to a contractor upon completion of the construction of the Facilities which such contractor is constructing. (o) If any contractor requests a change order to its contract with respect to portions of the Facilities which the contractor is constructing or for an increase in the contract price for the construction of such Facilities, the Construction Manager shall determine whether such request is - meritorious and make a report to the City and the Landowners' Representatives. All change orders and increases in contract prices shall be approved by the Director of the Public Works Department within 10 business days of the Construction Manager presenting the above referenced report to the City. (p) The Construction Manager shall monitor construction of Facilities to be constructed by a Landowner pursuant to Sections 12 through 19 hereof so as to assure timely completion of such Facilities and compliance with requirements of Sections 14 through 19 hereof, including the requirements relating to public bidding of the construction contract, the payment of prevailing wages and the release of any claims of liens. In performing its construction management services pursuant to Section 5 hereof, the Construction Manager shall employ or 13 2604m5 AGENDA ITEM NO. PAGE OF designate and make available for the performance of such services a project manager who shall have experience satisfactory to the City and the Landowners' Representatives in the management of similar construction projects. Prior to employing or designating that person, the Construction Manager shall submit his name and qualifications to the City's Public Works Department and the Landowners' Representatives and shall not retain or designate that person until his retention or designation is approved by the Director of the Public works Department and the Landowners' Representatives. For performing its services as construction manager, the Construction Manager shall receive a fee to be determined by the City and Construction Manager after consulting with Landowners' Representatives. Construction Manager's fee with respect to each construction contract shall be calculated on a time and materials basis in accordance with Exhibit D hereto; provided, however, that the sole source of payment of Construction Manager's fee shall be the proceeds of the sale of the related series of Bonds, or the other amounts available pursuant to Section 20 hereof. Services. The City shall terminate the Construction Manager's construction services for cause or shall terminate the Construction Manager's construction management services upon written request of the Landowners' Representatives by delivering to the Construction Manager written notice Of such termination 14 days in advance of the date of termination 14 2604m5 AGENDA ITEM NO. PAGE OF specified in the notice. The City may, or upon the written request of the Landowners' Representatives shall, terminate the Construction Manager's construction management services in the event the Construction Manager or any employee shall engage in any criminal activity, such termination to be effective immediately upon delivering to the Construction Manager written notice of such termination. The Construction Manager may terminate its services as construction manager by delivering written notice to the City 30 days in advance of the date of termination specified in the notice; provided that such termination may be effective upon less than 30 days _ written notice with the written consent of the City and the Landowners' Representatives. Upon termination of the Construction Manager's construction management services, the Construction Manager shall be paid the portion of its fee which is then due. In the event the contract with the Construction Manager is terminated the Landowners' Representatives shall suggest at least 2 qualified managers to undertake the Construction Manager's obligations under this Agreement, and City shall select one of the managers suggested by the Landowners' Representatives. Section 9. Manager indemnification and Inspranu.. The Construction Manager shall indemnify and hold harmless the City, the District, each applicable Public Agency and the Landowners from any and all claims, actions, liability, damages and costs arising out of the Construction Manager's performance of its duties and responsibilities as construction 15 2604m5 AGENDA ITEM NO. — 71 PAGE OF�L manager. To secure its indemnification obligation, the Construction Manager shall obtain and maintain throughout the period of its construction management services a broad form comprehensive liability policy of insurance in a form and with coverages acceptable to the City, having a single aggregate limit of liability as to all coverages provided thereby in the amount of $2,000,000, and naming the City, the District, each applicable Public Agency and the Landowners and their officers, agents and employees as additional insurers. The Construction Manager shall provide to the City a copy of the policy for such insurance or a certificate of such insurance coverage in a form satisfactory to the City. Any such certificate of insurance shall include an endorsement providing that the City, the District, each applicable Public Agency and the Landowners and their officers, agents and employees are additional insurers under the comprehensive general liability policy, and shall provide that the policy may only be cancelled upon 30 days' advance written notice to the City. The Construction Manager shall also maintain throughout the period of its construction management services workers' compensation insurance as required by the laws of the State of California. Section 10. Independent Contractor. In performing its construction management services, the Construction Manager shall be an independent contractor, and this agreement shall not and does not create a joint venture or partnership between 16 2604m5 AGENDA ITEM NO. I PAGE —aCF-61 the City, the Public Agencies, the Landowners and Construction Manager. The City shall have no responsibility or liability for the payment of any amount to any employee or subcontractor of Construction Manager. Section 11. v Sgils Engineering. The City and the Landowners have determined that because of the complex nature of the construction of the Facilities which will necessitate continuous coordination between the Construction Manager, the design engineer for the Facilities, the City and the other Public Agencies, it is in the best interest of the City and the Landowners that the City retain The Reith Companies/Butterfield, (the Design Engineering Firm`) as the design engineer to provide all surveying, construction staking and soils engineering required for the satisfactory completion of the Facilities pursuant to the plans and specifications thereof. The basis for determining the compensation for such services shall be provided to the City and the Landowners and agreed upon prior to commencing any such services. All surveying, construction staking and soils engineering shall be coordinated, scheduled, and billed through the Construction Manager. The City shall pay, solely from the proceeds of the sale of the related series of Bonds, from moneys advanced pursuant to Section 3 hereof or from other amounts available pursuant to Section 20 hereof, the amounts owed to the Design 17 2604m5 AGENDA ITEM NO. PAGE OF Engineering Firm for performing surveying and construction staking services and soils engineering services. Section 12. Construction for Acguisition. The City and Landowners recognize that it may be in their mutual best interests for certain Landowners to construct portions of the Facilities specified in Exhibit B hereto, in accordance with the requirements of Section 13 hereof, with the understanding that the applicable Public Agency shall acquire the portions of the Facilities constructed by each such Landowner and that the District shall pay for said Facilities with the proceeds of the sale of a series of the Bonds. If a Landowner determines that it is desirable for it to construct portions of the Facilities for acquisition by the applicable Public Agency, such Landowner shall notify the City and the Construction Manager in writing as to the portions of the Facilities which such Landowner desires to construct, provided that such notice must be provided so as to enable completion of such Facilities within the time specified in Exhibit B and may only be provided with respect to Facilities identified with such Landowner on Exhibit B. Upon receiving such notification, the City shall notify the Construction Manager and the Landowner that the Facility identified in the notice shall be constructed by the Landowner identified in the notice for acquisition by the applicable Public Agency. Thereafter, such Landowner shall proceed with the construction of the portions of the Facilities specified therein in accordance with this Agreement. 18 2604m5 AGENDA ITEM NO. PAGE , OF�_ Notwithstanding anything herein to the contrary, in the event the Construction Manager determines that the construction of a Facility for acquisition by a Public Agency will adversely affect the construction and timely completion I of all the Facilities the Construction Manager shall notify the Landowner not to proceed to construct such Facility for acquisition. In addition, if a Landowner fails to complete the construction of a Facility to be constructed by such Landowner for acquisition by a Public Agency in the time specified in Exhibit H hereof, the Construction Manager shall have the right and may elect to take over the construction of _ such Facility, or any part thereof, if it determines it is necessary for it to so proceed in order to avoid having the construction of other Facilities delayed. If the Construction Manager elects to so proceed, it shall notify the responsible Landowner in writing that if such Landowner does not complete the construction of the relevant Facility within 30 days after receipt of such notice, the Construction Manager will take over the construction of such Facility. If after receiving such a written notification the responsible Landowner does not complete the construction of the Facility identified therein to the satisfaction of the Construction Manager, such Landowner shall relinquish to the Construction Manager all design documents, and shall cooperate with the Construction Manager in every way to ensure that the construction of such Facility will be completed in a timely manner. 19 2604m5 AGENDA ITEM NO. PAGE sk 0 OF Section 13. Constructio . Upon completion of the design of Facilities as specified in Section 4 hereof and upon receiving written authorization from the City to proceed with the construction of the portion of such Facilities to be constructed by a Landowner for acquisition by the applicable Public Agency, such Landowner shall proceed to obtain bids for the construction of such Facilities and shall construct such Facilities in accordance with the requirements of Section 13 hereof. Such Landowner shall cause such Facilities to be constructed in an expeditious manner so that construction of all such Facilities shall be completed in accordance with the construction schedule set forth in Exhibit "B" hereto. Section 14. Public Works Reguirements. In order to insure that the Facilities to be constructed by a Landowner for acquisition by a Public Agency will be constructed as if they had been constructed under the direction and supervision, or under the authority of, the Public Agency, so that they may be acquired by the Public Agency and the acquisition price therefor paid by the District from proceeds of the sale of the Bonds pursuant to Section 53313.5 of the Government Code, each Landowner responsible for constructing a Facility for acquisition by a Public Agency shall comply with all of the following requirements: (a) The plans and specifications and the bidding and contract documents shall be approved by the City's Public Works Department or by the representatives of the q$1 2604m5 AGENDA ITEM NO. PAGE _Qa 0,,r,;L_ applicable Public Agency, and all such documents shall conform to the procurement and bidding requirements of the applicable Public Agency with respect to public works projects. (b) The Landowner shall advertise for bids for the construction of such Facility in conformance with the standard procedures and requirements of the applicable Public Agency with respect to its public works projects. (c) The contract or contracts for the construction of such Facility shall be awarded to the responsible bidder(s) submitting the lowest responsive bid(s) for the_ construction of such Facility. (d) The Landowner shall require, and the specifications and bid and contract documents shall require all such contractors and/or subcontractors to pay prevailing wages as determined by the Director of the Department of Industrial Relations pursuant to Section 1770 Zt sec. of the Labor Code and to otherwise comply with applicable provisions of the Labor Code, Government Code and Public Contracts Code relating to public works projects of cities and as required by the procedures and standards of the City with respect to the construction of its public works projects. (e) All such contractors shall be required to provide proof of insurance coverage throughout the term of the construction of the Facility being constructed for acquisition by the City, including casualty insurance and 21 2604m5 AGENDA ITEM NO. *7 PAGE OF workers' compensation insurance, which Facilities such contractors will construct in conformance with the Public Agency's standard procedures and requirements. (f) Each contractor shall provide a one-year materials and workmanship guarantee with respect to the Facilities. (g) Landowner and all such contractors shall comply with such other requirements relating to the construction of the Facility being constructed for acquisition by the Public Agency which the applicable Public Agency may impose by written notification delivered to the _ responsible Landowner and each such contractor at any time prior to the receipt of bids by such Landowner for the construction of such Facility. The responsible Landowner shall provide proof to the applicable Public Agency, at such intervals and in such form as the City may require, that the foregoing requirements have been satisfied as to each Facility to be constructed by such Landowner. j .� _�. . ■y ■� The applicable Public Agency shall provide such level of inspection of the progress of construction of the Facilities to be constructed by a Landowner for acquisition as it deems necessary, and its inspectors shall have access to the construction sites at all times for purposes of conducting their inspection. Each Landowner and its contractors shall cooperate in every way with the applicable Public Agency, it■ 22 2604m5 AGENDA ITEM NO.� PAGE OF� inspectors and the Construction Manager to ensure that they are afforded an adequate opportunity to inspect each and every phase of the progress of construction of each and every such Facility or portion thereof. Upon completion of the construction of a Facility, or portion thereof, constructed by a Landowner and upon receipt of written notification from the applicable Public Agency's inspectors that construction thereof has been completed in accordance with the plans and specifications therefor and the Public Agency's standard requirements, and satisfactory proof, based on the records of the responsible Landowner, the applicable Public Agency and the City and such certifications as the City may require, that the requirements of Section 14 hereof have been satisfied, the City shall notify such Landowner in writing that the construction of such Facility, or portion thereof, has been satisfactorily completed. Upon receiving such notification, such Landowner shall forthwith file with the County Recorder of the County of Riverside a Notice of Completion with respect to such Facility, or portion thereof, pursuant to the provisions of Section 3093 of the Civil Code. Such Landowner shall furnish to the City a duplicate copy of each such Notice of Completion showing thereon the date of filing with the County Recorder. The costs incurred by the applicable Public Agency in inspecting and approving the construction of such Facility shall be paid from the proceeds of the sale of Bonds by the District. 23 2604m5 AGENDA ITEM NO. _! PAGE I a' Section 16. res. Upon the expiration of the time for the recording of claims of liens as prescribed by Sections 3115 and 3116 of the Civil Code, a Landowner shall provide to the City, the applicable Public Agency and the Construction Manager such evidence or proof as the City or the Construction Manager shall require that all persons, firms and corporations supplying work, labor, materials, supplies and equipment to the construction of the Facilities constructed by such Landowner for acquisition by the applicable Public Agency have been paid, and that no claims of liens have been recorded by or on behalf of any such person, firm or corporation. Section 17. Acouisitian. Upon completion of the construction of each Facility, or portion thereof, identified in Exhibit B hereto constructed by a Landowner for acquisition by the applicable Public Agency and upon satisfaction of the requirements of Sections 13 through 16 hereof, the City shall determine the acquisition price to be paid by the District for the acquisition of such completed Facility, or portion thereof. In the aggregate, the acquisition price as to each Facility shall be the lesser of (i) the aggregate price of such Facility listed in Exhibit B hereto or (ii) the actual cost of construction of such Facility as determined by the contract prices as set forth in contracts and purchase orders entered into by such Landowner with its contractors and suppliers and said costs shall not include any amount for interest during construction of such Facilities. The actual costs shall include an amount for such Landowner's internal 24 2604m5 AGENDA ITEM NO. PAGE OF costs or overhead directly attributable to the supervision and management of the construction of such Facility, not to exceed an amount of 2% of the actual costs of such Facility. Such Landowner shall furnish to the City such proof of the amounts which Landowner contends should be included in the acquisition price for a completed Facility, or portion thereof, as the Citi* shall require. Upon determining the acquisition price for a completed Facility, or portion thereof, the City shall promptly notify the appropriate Landowner of such acquisition price in writing and upon presentation by such Landowner to the applicable Public Agency of such documents as the applicable Public Agency shall require with respect to the transfer of ownership of the completed Facility to the applicable Public Agency, the City shall promptly pay from the proceeds of the sale of the Bonds the amount of the acquisition price for such completed Facility or portion thereof. The sole source of funds for the acquisition by City of the Facilities or any portion thereof shall be the proceeds from the sale of the Bonds of the District or such other funds as shall be available in accordance with the applicable Development Agreements. If for any reason the proceedings for the establishment of the District are not completed or the Bonds therefor are not sold, City shall not be required to acquire Facilities from a Landowner or to reimburse any advance for City's expenses which has been paid to City for services provided. Upon payment and acceptance of the 25 2604m!', AGENDA ITEM NO. �r PAGE OF acquisition price for each completed Facility, or portion thereof, the responsible Landowner with respect to such Facility, or portion thereof, shall have no further claim for payment from the City with respect to such Facility, or portion thereof. If Bonds are not sold and the City has waived conditions to the recordation of the subdivision map for the Property on the basis that such Facilities were to be constructed with the proceeds of the Bonds, then the Landowner shall complete the design and construction and transfer to City ownership of such of the Facilities as were required to - be constructed by Landowner as a condition to recordation of the subdivision map for the Property. The Landowner need not construct any portion of the Facilities which it was not so required to construct. Section 18. Indemnification: Insurance. Each Landowner constructing Facilities shall assume the defense of, indemnify and save harmless, City, the applicable Public Agency, their officers, employees and agents, and each and every one of them, from and against all actions, damages, claims, losses or expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, this Agreement and the design, engineering and construction of the Facilities being constructed by such Landowner. No provision of this agreement shall in any way limit the extent of a Landowner's responsibility for payment of damages resulting from the operations of such Landowner and 26 2604m5 AGENDA ITEM NO. PAGE OF its contractors in the case of Facilities designed and constructed by a Landowner for acquisition by a Public Agency. At the request of the City, each Landowner constructing Facilities shall furnish to the City a certificate or certificates of insurance in a form acceptable to the City substantiating that it has obtained for the entire period of the construction of such Facilities to be constructed by such Landowner after the date hereof, a policy of comprehensive general liability insurance with coverage broad enough to include such Landowner's contractual obligations under this Agreement and having a combined single _ limit of liability in the amount of $2,000,000. Said certificate of insurance shall include an endorsement naming the City, the District, the applicable Public Agency and their officers, employees and agents as additional insureds. Each such policy shall provide that it may only be cancelled upon 30 days advance notice to the City. Each Landowner responsible for the construction of a Facility for acquisition by the City shall also furnish to the City prior to awarding a contract for the construction of such Facility a certificate of insurance evidencing that such Landowner has procured and has in force a current policy of workers' compensation insurance in compliance with California law as to all workers to be employed by such Landowner in connection with the construction of such Facility. Such Landowner shall also require each person, firm or corporation with whom it contracts in connection with the construction of 27 2604m5 AGENDA ITEM NO. " PAGE OF� such Facility to provide and maintain such workers' compensation insurance and a broad form comprehensive general liability insurance policy in the amount hereinabove specified and in a form acceptable to the City. Upon request, such Landowner shall provide to the City proof in a form acceptable to the City that each contractor with whom it contracts has procured and is maintaining such insurance. Each such policy shall provide that it may only be cancelled upon 30 days advance notice to the City. The premiums paid by the Landowner for the insurance required by this section shall be included in determining the actual cost of the Facility pursuant to Section 17 hereof. Notwithstanding the preceding provisions of this section, if the contractors with whom a Landowner contracts for the construction of a Facility which will be acquired by a Public Agency provide the insurance policies herein required in a form acceptable to the City and which name the City, the District, the applicable Public Agency and their officers, agents and employees as additional insurers, the Landowner responsible for constructing such Facility shall be relieved of its obligation under this section to provide such insurance coverage so long as such contractor or contractors have maintained such insurance policies; provided, however, that should any contractor at any time fail to provide or maintain any insurance policy required by this section.or in a form required by this section, the responsible Landowner's 28 2604m5 "44 pAW OFS-1_ obligation under this section shall continue as to such insurance policy. Section 19. Ownership of FaCLUt,. fA- Notwithstanding the fact that some of the Facilities to be constructed by a Landowner for acquisition by a Public Agency may be constructed in dedicated street rights-of-way or on property which has been or will be dedicated or offered for dedication to the Public Agency, such Facilities shall be and remain the property of the Landowner constructing the Facility until such Facilities are acquired by the Public Agency as provided in the preceding sections of this Agreement. Such _ ownership by a Landowner shall likewise not be affected by any agreement which a Landowner may have entered into or may enter into with the City pursuant to the provisions of the Subdivision Map Act, Section 66410 At sear. of the Government Code, which may contain or include provisions with respect to the construction and ownership of public facilities which may seem to be contradictory to the provisions of this Agreement, and the provisions of this section shall control. Section 20. plioritization !2f Fagilities 191 For purposes of determining which of the Facilities listed -in Exhibit B attached hereto will be constructed or acquired by the City with the proceeds of the sale of a series of Bonds, the Facilities shall be prioritized in the manner provided in Exhibit B. 29 2604m5 AGENDA ITEM NO. ` � PAGE OF If Bonds are issued in an aggregate principal amount which is not adequate to finance the construction and acquisition of all of the Facilities, the City shall construct or acquire the Facilities based on the prioritization set forth in Exhibit B, and then only to the extent of the amount of the proceeds from the sale of the Bonds which is available for construction or acquisition of the Facilities. If the proceeds of the Bonds and all other funds available to construct the Facilities (including, but not limited, to funds available as reimbursements for Facilities which have been oversized) are not sufficient to construct and acquire all - Facilities and except as other moneys are available in accordance with the Development Agreements, each Landowner hereby agrees to pay its Pro Rata Share (as defined below) with respect to costs of the Facilities so that the Facilities required by the Specific Plan and the conditions of approval of subdivision maps and parcel maps for portions of the Property (the "Primary Facilities") shall be constructed. In the event that at any time the City after consulting with the Construction Manager and the Landowners' Representatives determines that insufficient funds will be available to construct all of the Primary Facilities, the Construction Manager shall so notify each Landowner and request that each such Landowner shall deposit within 15 business days its Pro Rata Share. In the event a Landowner does not deposit the necessary funds within the specified time period (referred to below as a "Defaulting Landowner"), City shall undertake all 30 2604m5 AGENDA ITEM NO. PAGE OF -w -i reasonable actions to collect such funds. In addition, in order to facilitate the construction or acquisition of Facilities, in the event a Landowner does not deposit the necessary funds within the specified time period, the remaining Landowners ("Non -defaulting Landowners") shall deposit such funds as are necessary to construct all of the Primary Facilities. Each Non -defaulting Landowner shall deposit its Pro Rata Share of such amounts (for purposes of such calculation the Defaulting Landowner shall be excluded from the calculation of Pro Rata Share for purposes of determining the amounts to be deposited). Thereafter, upon the City's receipt of funds from a Defaulting Landowner, the City shall, after reimbursement for its costs of collecting such amounts, including attorney's fees, reimburse Non -defaulting Landowners pro rata, based on the amounts paid by such Non -defaulting Landowners to satisfy the deficiency caused by the Defaulting Landowner's failure to pay. For purposes of this Agreement, Pro Rats Share shall mean as of the date of calculation the percentage determined pursuant to Exhibit E to this Agreement. Section 21. Landowner's Reeresentafi-y?s. Landowners' Representatives, shall mean of of and of After the date of this Agreement, the Landowners representing 66% of the "dwelling unit basis" determined in accordance with Exhibit C to this Agreement for which certificates of occupancy have not been issued may, by 31 F311f-1 AGENDA ITEM NO. - I PAGE OF� written notice to the City, designate any other individual to act in the capacity of Landowners' Representatives for purposes of the Construction Management and Funding and Acquisition Agreement. The Landowners may, by written notice to the City signed on behalf of Landowners representing 66% of the "dwelling unit basis" change the number of individuals which act as Landowner's Representatives or the percentage of the Landowners required to designate Landowner's Representatives. Any two of the Landowner's Representatives may act for and on behalf of all Landowners. For the purposes of determining the "dwelling unit basis" on any date, all units for which a certificate of occupancy has been issued prior to the date of calculation shall be excluded from the denominator and the numerator when determining each Landowner's share of the aggregate "dwelling unit basis." Section 22. B igbt of way. To the extent not previously dedicated, conveyed or transferred, each applicable Landowner shall dedicate, convey or transfer, as provided in Section 17 hereof, to City at the time City acquires Facilities, all rights-of-way in which such Facilities are located. Such Landowner shall also at such time grant to City, by an appropriate instrument prescribed by City, all easements on private property which may be necessary for the proper operation and maintenance of such Facilities or any part thereof. Section 23. haintenance. Prior to the transfer of ownership of Facilities by a Landowner to the applicable 32 2604m5 AGENDA ITEM NG• PAGE- DF� Public Agency, as provided in Section 17 hereof, Landowner shall be responsible for the maintenance of such Facilities and shall maintain and transfer same to the applicable Public Agency in as good condition as they were at the time Landowner notified the City that construction of same had been completed in accordance with the Plans and Specifications. Section 24. Ins2ection of Recoids. The City shall have the right to review all books and records of a Landowner pertaining to costs and expenses incurred by such Landowner pursuant to Section 16 hereof. The City shall have the right to request and review final cost records, and any reimbursement for costs incurred by a Landowner hereunder shall not exceed the estimates approved by the City Engineer without his prior review and written approval. Section 25. Improvement Security. Notwithstanding the provisions of this Agreement, if the Construction Manager and the City shall determine, after consultation with a Landowner, that the costs of construction of a Facility to be constructed by such Landowner may be in excess of the acquisition price to be paid for said Facility pursuant to Section 16 hereof, the Landowner shall, at the request of City, secure the construction and completion of construction of such Facilities by providing faithful performance and labor and materials bonds in form and amounts acceptable to the City and the Construction Manager as required by Section 66499 through 66499.10 of the Government Code of the State of California. 33 2604m5 AGENDA ITEM NO. PAGE 0r Section 26. actog. In performing its obligations under this Agreement, each Landowner is an independent contractor and not the agent of City. City shall have no responsibility for payment to any contractor or supplier of a Landowner. Section 27. Termin gtion. The City may, in its sole discretion, terminate this Agreement if any legal challenge is filed relating to the validity or enforceability of this Agreement or the District proceedings. Section 28. Assianmgnt.. This Agreement shall be assignable by each Landowner to the successor to such Landowner's interest as the owner or representative of the owner of the land included within the District. Section 29. AttgrneY-s Fees. If any legal action is necessary to enforce this Agreement, the prevailing party shall be entitled to reasonable attorney's fees in addition to any other relief to which that party may be entitled. Section 30. General. This Agreement contains the entire agreement between the parties with respect to the matters herein provided for, and may only be amended by a subsequent written agreement executed by all parties. This Agreement may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute a single agreement. 34 2604m5 AGENDA ITEM NO - PAGE u _ OF IN WITNESS WHEREOF, the parties have caused this agreement to be executed as of the date first above written. ATTEST: City Clerk A -P. Nos. 389-060-011 391-260-034 389-040-052 A.P. NOS. 389-060-004 389-060-005 389-060-006 389-060-007 389-060-008 2604m5 CITY OF LAKE ELSINORE By: Mayor CENTEX REAL ESTATE CORPORATION, a Nevada corporation By: — Name: Title: PREMIER HOMES a By: Name: Title: 35 AGENDA ITEM NO. PAGE OF� A.P. No. 387-030-003 387-030-004 A.P. No. 387-030-005 A.P. No. 389-060-003 2604m5 MEEKER DEVELOPMENT By: Name: Title: MARINITA DEVELOPMENT By: Name: Title: JONES/TOMICH By: Anthony Tomich By: Joann Tomich By: Raymond E. Jones By: Janice N. Jones 36 AGENDA ITEM NO. _ PAGE �' OF A.P. Nos. 389-050-015 389-050-026 389-050-017 389-050-027 389-070-016 389-070-004 389-070-005 389-070-014 A.P. Nos. 391-026-002 391-026-003 A.P. Nos. 391-026-018 391-026-017 2604m5 TORN/CURTIS BY: Ralph Torn By: Milton B. Torn MARGARET SUSAN TORN, NANCY B. TORN, LINDA GAIL TORN, JUDITH SARA TORN ALLEN, HOWARD ALBERT TORN, KALI MARIAM TORN JOHNSON AND ELIZABETH JO TORN By: Ralph Torn, Trustee By: Milton B. Torn, Trustee WESTERN COMPANY By: Name: Title: LA LAGUNA ESTATES, a California limited partnership By: 37 General Partner AGENDA ITEM NO. ........Iw..- PAGE OF APPROVED AS TO FORM: City Attorney 38 2604m5 AGENDA ITEM NO. PAGE. OF EXHIBIT A [MAP OR PLAT SHOWING PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT INDICATING FACILITIES TO BE CONSTRUCTED IN SCHEMATIC FORM] A-1 2604m5 AGENDA ITEM NO. PAGE OF J5- EXHIBIT B DESCRIPTION OF FACILITIES Time for Part Landowner Facility DescXjption Completion Estimated Cost [TO BE PROVIDED IN GREATER DETAIL SO AS TO IDENTIFY COMPLETED FACILITIES OR PORTIONS THEREOF WITH A USEFUL LIFE OF 5 YEARS OR MORE TO BE ACQUIRED BY THE PUBLIC AGENCIES) STREET IMPROVEMENTS: Construction Grand Ave. Lincoln Street DRAINAGE IMPROVEMENTS: Construct B-1 Channel Line C & C-1 Storm Drain Rice Canyon Improvements SANITARY SEWER IMPROVEMENTS: Construct Sewer Truck Lines A-1 and A-2 Lift Stations WATER IMPROVEMENTS: Construct Lucerne 2.0 MG Water Reservoir Mountain Rd. 1.5 MG Water Reservoir and the Robb Rd. Booster Pump Station FIRE PROTECTION IMPROVEMENTS: Fire Station PARK IMPROVEMENTS: Park B-1 2604m5 $2,517,300 1,019,612 3,447,158 4,472,888 574,430 821,355 651,323 1,179,507 999,018 1,030,500 1,980,000 AGENDA ITEM NO PAGE 0 iDF �4 EXHIBIT C [ATTACH SCOPE OF WORK OF CONSTRUCTION !MANAGER] C-1 2604m5 AGENDA ITEM NO. -PAGE OF EXHIBIT D [ATTACH FEE AGREEMENT WITH CONSTRUCTION MANAGER] D-1 2604m5 AtiENCM TTEM Np PACE OF EXHIBIT E DISTRICT COST SHORTFALL ALLOCATION * May be adjusted received as to with commercial units per acre. 2604m5 Dwelling Buis*Unit Percentages based on further subdivision approvals any parcel prior to date,of calculation acreage being included at a rate of E-1 AGENDA ITEM NO. PAGE OF. iia. REPORT TO CITY COUNCIL DATE: SEPTEMBER 11, 1990 SUBJECT: ASSESSMENT DISTRICT 86-1 PREPARED BY:� APPROVED 8' C. Ray Wood, Admlhistrative R olendy Services Director C y Manager BACKGROUND: Assessment District 86-1, Northwest Sewer, has been previously established and is in the final procedural stage leading to funding. An adjustment to the Assessment roll is necessary prior to final proceedings. FISCAL IMPACT: There is no fiscal impact on the City. RECOMMENDATION: It is recommended that City Council adopt Resolution No. 90- effecting the adjustment to the assessment roll of A.D. 86-1, Northwest Sewer. AGENDA ITEM NO PACE—/--OF� RESOLUTION NO. 90-_Sjr� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDERING CHANGES AND MODIFICATIONS IN PROCEEDINGS AND ASSESSMENTS IN A SPECIAL ASSESSMENT DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF LAKE ELSINORE, CALIFORNIA, has previously adopted its Resolution of Intention and confirmed an assessment for certain works cf improvement in a special assessment district, pursuant to the terms and provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code -of the State of California; said special assessment district known and designated as NORTHWEST SEWER ASSESSMENT DISTRICT NO. 86-1 (hereinafter referred to as the "Assessment District"); and, WHEREAS, subsequent to the confirmation of the assessment and after the improvements were ordered, but during the pendency of these proceedings, it appears to be in the best public interest to order certain changes and modifications to the proceedings, the Engineer's "Report", and certain individual assessments. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That the above recitals are all true and correct. 2. That it is hereby ordered that the changes be made as set forth in the attached Exhibit "A", and the assessment roll shall be modified and amended to reflect the modifications as set forth in said Exhibit "A", and the Engineer is directed to proceed to so modify the Engineer's "Report", assessment roll and diagram where appropriate. 3. That said changes and modifications are hereby ordered pursuant to the provisions of Section 10352 of the Streets and Highways Code and said changes and modifications will not result in the increase in any individual assessment or result in the inclusion of any properties not originally within the boundaries of the Assessment District. 4. That said changes and modifications, as so ordered, are to the best. interests of the property owners within the boundaries of the Assessment District and the assessment roll and Engineer's "Report", as modified, shall now stand as the "Report" for all subsequent proceedings relating to this Assessment District. AGENDA ITEM NO.--?;,— pAGE OF 5. That no public hearing is required for these changes and modifications inasmuch as said modifications meet the intent and requirements of said Section 10352 of the Streets and Highways Code, and it is further hereby determined that said changes and modifications are in the best public interest and convenience for the Assessment District and the property owners affected thereby. 6. That said changes and modifications will cause a reduction in certain assessments as set forth in the previously referenced Exhibit "A:. The amount of credit given to the respective properties as set forth should be shown on the "Paid and Unpaid List", as certified by the Treasurer, as a credit pursuant to action ordered through the adoption of this Resolution. A copy of this Resolution, immediately upon adoption, shall be transmitted to the Office of the Treasurer so that said credit amount can be immediately added to said list; a copy of said list shall be kept on file in the Office of the Treasurer, with a duplicate copy of file with the transcript of these proceedings. PASSED, APPROVED AND ADOPTED this day of , 1990. ATTEST: VICKI LYNNE KASAD, CITY CLERK CITY OF LAKE ELSINORE APPROVED AS TO FORM: JOHN R. HARPER, CITY ATTORNEY CITY OF LAKE ELSINORE GARY M. WASHBURN, MAYOR CITY OF LAKE ELSINORE STATE OF CALIFORNIA AGENDA ITEM NO. PAGE, k 0F CITY OF LAKE ELSINORE NORTHWEST SEWER ASSESSMENT DISTRICT NO. 86-1 EXHIBIT "A" The following changes and modifications are hereby ordered to be made: ASSESSMENT AND CONFIRMED MODIFIED ASSESSOR'S PARCEL NO. ASSESSMENT ASSESSMENT 377-150-003 $ 89,662.00 $ 71,898.33 REASON FOR CHANGE: To properly reflect benefits received from the works of improvement and to be consistent with the Elsinore Valley Municipal Water District special sewer charge. AGENDA ITEM N PACEDF , STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE I', VICKI LYNNE KASAD, CITY CLERK of the CITY OF LAKE ELSINORE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 90- , was duly passed, approved and adopted by the City Council, approved and signed by the Mayor, and attested by the City Clerk, all at the meeting of said City Council held on the day of , 1990, and that the same was passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: EXECUTED this California. [SEAL] COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: day of , 1990, at Lake Elsinore, VICKI LYNNE KASAD, CITY CLERK CITY OF LAKE ELSINORE STATE OF CALIFORNIA AGENDA ITEM No. PACE �- -OF REPORT TO CITY COUNCIL SEPTEMBER 11, 1990 SUBJECT: RESOLUTION OF NECESSITY TO ORDER ACQUISITION BY EMINENT DOMAIN (AYRES) PREPARED BY: Zt'V74�APPROVED: c Ron Kirchner R6*)Molerl4k Director of Public City Manager Services BACKGROUND The sanitary sewer proposed to provide service to the Summerhill, Tuscany Hills, and other tracts connects to the existing regional intercepter sewer on Lakeshore Drive. Much of the alignment is through private property, thereby requiring easements from those owners. FINDINGS All appropriate easements have been secured by the developer (Homestead) except for the line across the Tustin Village Incorporated property, paralleling Lakeshore Drive. Negotiations with the owners, (Ayres) have been unsuccessful and the developer has requested the City to initiate Eminent Domain procedures. Presented herewith is a proposed Resolution of Necessity (Exhibit A) for this purpose and a Resolution setting Public Hearing (Exhibit B). FISCAL IMPACT All costs associated with this action are funded by the developers. RECOMMENDATION Adopt the attached Resolutions. AGENDA ITEM NO. C1 PACE[_, OF2,15 RESOLUTION NO. 9 o -,i 6 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAZE ELSINORE, RIVERSIDE COUNTY, CALIFORNIA, DESCRIBING A CERTAIN PROJECT; MAKING A STATEMENT OF THE PUBLIC USE FOR WHICH CERTAIN PROPERTIES TO BE TARN AND REFERENCE TO STATUTORY AUTHORITY TO ACQUIRE SAID PROPERTY BY EMINENT DOMAIN; DESCRIBING THE GENERAL LOCATION AND EXTENT OF SAID PROPERTY TO BE TAKEN; DECLARING FINDINGS AND DETERMINATIONS ON THE PUBLIC INTEREST AND NECESSITY FOR SAID PROPERTY; AUTHORIZING AND DIRECTING EIrI.IN= DOMAIN PROCEEDINGS TO BE COMMENCED IN SUPERIOR COURT TO ACQUIRE SAID PROPERTY INCLUDING APPLICATION FOR POSSESSION OF SAID PROPERTY PRIOR TO JUDMCENT; AND MAKING OTHER DETERMINATIONS WHEREAS, the City of Lake Elsinore is a public entity organized and existing pursuant to the laws of the State of California; and, WHEREAS, the City Council of the City of Lake Elsinore intends to undertake a certain project for public purposes; and WHEREAS, in order to accomplish said project, the City Council believes that it is necessary to acquire by eminent domain certain property, hereinafter collectively called *subject property"; and, WHEREAS, pursuant to Section 1245.235 of the Code of Civil Procedure, the City Council has fixed a time and place for the public hearing on the matters referred to in Section 1240.030 of the Code of Civil Procedure; and, WHEREAS, the City Council has given each person who owns or claims a right in said subject property proposed to be acquired by eminent domain and whose name and address appears on the last Equalized County Assessment Roll noticed, a zeasonable opportunity AGENDA ITEM NO....��._.. EXHIBIT A PAGE OF to be heard in the time, form and manner required by Section 1245.235 of the Code of Civil Procedure; and, WHEREAS, the City has complied with the requirements of Government Code Section 7267.2 in making a fair market value offer to acquire subject property; and, WHEREAS, at said public hearing, the City Council did hear and consider all testimony, written and oral, to the matters referred to in Section 1240.030 of the Code of Civil Procedure: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitals are all true and correct. Section 2. That said subject property be taken by eminent domain is for a public use, to -wit: Acquisition of property for the construction of sewer line facilities HEREINAFTER called "Project"; and, Section 3. That the City is authorized and empowered to commence eminent domain proceedings to acquire said subject property pursuant to the eminent domain law, being Title 7, Part III of the Code of Civil Procedure. Section 4. That a description of the general location and extent of said subject property to be taken by eminent domain is set forth on Exhibit "A", attached hereto and made a part hereof. -2- AGENDA ITEM NO. PAGE OF�� Section 5. That this City Council does find, determine and declare as follows: (a) That, to the extent acquisition of said subject property results in a remnant, said remnant shall be acquired by eminent domain herein, pursuant to Section 1240.410 of the Code of Civil Procedure; (b) That, to the extent that said subject property or interest therein is already appropriated to a public use, the proposed use for the subject property will not unreasonably interfere with or impair the continuance of said public use as it presently exists or may reasonably be expected to exist in the future, pursuant to Section 1240.510 of the Code of Civil Procedure; and (c) That, to the extent said subject property or interest therein is already appropriated to a public use, the use proposed herein is a more necessary public use than that use to which said subject property is presently appropriated, pursuant to Section 1240.-610 of the Code of Civil Procedure, or, in the alternative, the use proposed herein is a compatible public use which will not unreasonably interfere with the continuance of the existing public use, pursuant to 1240.630(a) of the Code of Civil Procedure. Section 6. That this City Council does hereby further find, determine and declare as follows: (a) That the public interest and necessity requires the Project; -3 - AGENDA ITEM NO. PAGE OF /- ; (b) That said Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and (c) That said subject property sought to be acquired is necessary for said Project. Section 7. That Brown, Harper, Burns & Hentschke, Attorneys for the City of Lake Elsinore, are hereby authorized and directed to commence an action in the Superior Court of the State of California, for the County of Riverside, in the name and on the behalf of the City, against those persons who appear on record or who are known to have a claim or interest in said subject property described in the Exhibit "A", for the purpose of acquiring said subject property by eminent domain for the public use described herein and to make application for possession of said subject property prior to Judgment. Section 8. That the officers of the City are hereby authorized and directed to withdraw necessary sums to deposit with the Superior Court as the probable compensation that will be awarded in the eminent domain proceedings to acquire said subject property described in Exhibit "A". -4- ANDA ITEM NO. PAGE � OF. Section 9. That the officers of the City are hereby authorized and directed to take any appropriate action consistent with the purposes of this Resolution. APPROVED AND ADOPTED THIS ' day of ATTEST: VICKI LYNNE KASAD City Clerk CITY OF LAKE ELSINORE APPROVED AS TO FORM: JOHN R. HARPER City Attorney CITY OF LAKE ELSINORE GARY WASHBURN, Mayor CITY OF LAKE ELSINORE ff 1990. -5- AGENDA ITEM NO. PAGE / OF STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE I, , CITY CLERK of the City of Lake Elsinore, California, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. was duly passed, approved and adopted by the City Council, approved and signed by the Mayor, and attested by the City Clerk, all at the meeting of said City Council held on the day of , 1990, and that the same was passed and adopted by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMF.MBERS ABSTAIN: COUNCILMEMBERS EXECUTED this day of , 1990, at Lake Elsinore, California. City Clerk City of Lake Elsinore State of California [SEAL] -6- (LE113/Reso2/p.1-6) AGENDA ITEM NO. PAGE, OFL3-, Part Taken A L J L J ,ate PARKWAY � JON N. �. ..~Arlo 0r oo� Ir• Ar • a s # V a©M ■ a !!O 'k so ' a aOm a a : i ! • � . n : N 7 JS ' a ' p� 7 121 122 123 I Ric � w 4 a i ® aO /7 ' ■ x © ow ow .� a �► nowiC h N' i lbw, 1 Ale 4 HUE' t AGENDA ITEM N0. EXHIBIT A PACS OF / URBAN PACIFIC SERVICES CORP G. jggjJ DescriFtion A complete legal description of the easement for sewer right-of-way (Part Taken) is as follows: A portion of the west half of the northwest quarter of Section 9, Township 6 south, Range 4 west, San Bernardino Meridian, Riverside County, California Commencing at the most southeasterly corner of the Elsinore Heights Tract, Unit No. 5, as shown on Map Book 12/95, Riverside County Records; Thence south 00° 32' 45" east on the southerly projection of the east line of said Elsinore Heights Tract No. 5, 17.77 feet to the Point of Beginning. Thence north 80° .16' 00" west, and parallel with the Rancho La Laguna line, 359.68 feet; Thence south 46° 15' 44" west, 70.93 feet Thence south 80° 16' 00" east, 65.43 feet; Thence north 07° 08' 55" east, 27.03 feet; Thence south 80° 16' 00" east, and parallel with the Rancho La Laguna line, 332.96 feet; Thence south 00° 32' 45" east, 15.75 feet; Thence south 80° 16' 00" east, 10.16 feet to a point on the southerly projection of the east line of said Elsinore Heights Tract No. 5; Thence north 00'32'45" west along said projected line, 46.24 feet to the Point of Beginning, containing 0.29 acres more or less. H. nwnerkf R c r and Propetry History The owner of record of the fee simple estate of the parcel from which the sewer easement is taken is as follows: Assessors Parcel No.: 3663-130-055 Tustin Village, Inc. The deed was recorded 26 June, 1986 Instrument No. 148215 51 AGENDA ITEM NO. PAGE.' OFLI� RESOLUTION NO. 95-9]. RESOLUTION OF THE CITY COUNCIL OF THE CITY COUNCIL OF THE CITY OF LAM ELSINORE, RIVERSIDE COUNTY, CALIFORNIA SETTING 'SINE AND PLACE FOR PUBLIC EY-ARTNG ON THE ADOPTION OF A RESOLUTION OF NECESSITY TO ORDER THE ACQUISITION OF CERTAIN PROPERTY BY E14IINENT DOMAIN WHEREAS, the City of Lake Elsinore and the City Council intend to undertake a certain project generally described as follows: Acquisition of property for the construction of sewer line facilities. HEREINAFTER called "Project"; and, WHEREAS, in order to accomplish said project, it appears necessary to acquire certain property, hereinafter called "Subject Property"; and, WHEREAS, the City Council desires to fix a time and place for a public hearing on the matter of the adoption of a Resolution of Necessity to acquire said subject property by eminent domain, pursuant to Sections 1245.210 et seq. of the Code of Civil Procedure; and, WHEREAS, this City Council has received, considered and ordered filed in the office of the City Clerk a copy of a proposed Resolution of Necessity to acquire said subject property by eminent domain: AGENDA ITEM NO. F�3 E�� EXHIBIT B C NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above Recitals are all true and correct. Section 2. That the acquisition of said subject property appears necessary to accomplish said project and that a proper and legal description of said subject property is set forth in said proposed Resolution of Necessity, a copy of which is on file in the office of the City Clerk. Section 3. That the City Council hereby calls a hearing on the matter of the adoption of said Resolution of Necessity to acquire said subject property by eminent domain at the time and place specified as follows: DATE AND TIME PLACE TUESDAY, ELSINORE SCHOOL DISTRICT SEPTEMBER 25, 1990 BOARD OF EDUCATION 7:00 P.M. MEETING ROOM 545 Chaney Street Lake Elsinore, California 92330 Section 4. That each person owning or claiming a right in said subject property to be acquired by eminent domain shall be given a reasonable opportunity to appear and be heard at said public hearing on the matter specified as follows: (a) That the public interest and necessity requires the project; (b) That the project is planned or located in the manner that will be most compatable with the greatest public good and least private injury; and -2- AGENDA ITEM NO. C1 PAGE 1L OF (c) That the property sought to be acquired is necessary for said project. Section 5. That, pursuant to Section 1245.325 of the Code of Civil Procedure, the City Clerk is hereby authorized and directed to give mail notice of said public hearing, within fifteen (15) days prior thereto, first class and postage prepaid, to each person owning or claiming a right to said subject property proposed to be acquired by eminent domain and whose name and address appears on the last equalized County Assessment Roll. Section 6. That, for further particulars, reference is made to said proposed Resolution of Necessity on file in the office of the City Clerk and to Section 1245.235 of the Code of Civil Procedure and the Sections related thereto. APPROVED AND ADOPTED this day of 1990. ATTEST: VICKI LYNNE KASAD, City Clerk City of Lake Elsinore APPROVED AS TO FORM: JOHN R. HARPER City Attorney City of Lake Elsinore GARY WASHBURN, Mayor City of Lake Elsinore -3- -ka EM NO. �JA IT PAGE OF STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE I, , CITY CLERK of the City of Lake Elsinore, California, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. was duly passed, approved and adopted by the City Council, approved and signed by the Mayor, and attested by the City Clerk, all at the meeting of said City Council held on the day of , 1990 and that the same was passed and adopted by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS EXECUTED this day of , 1990, at Lake Elsinore, California. City Clerk City of Lake Elsinore State of California [SEAL] -4- (LE113/Resol/p.l-4) AGENDA ITEM NO..�1� PAGE OF REPORT TO CITY COUNCIL SEPTEMBER 11, 1990 DEDICATION OF ADDITIONAL RIGHT OF WAY PREPARED BY:/f'�4�22APPROVED BY: Ray 'Donnell Ron Kirchner Senior Civil Engineer Director of Public Services APPROVED B : Mole yk City Manager BACKGROUND These projects were approved by the Design Review Board and conditioned to make additional right of way dedication. SUMMARY As noted below, the following projects have submitted the appropriate documents, thereby satisfying the Engineering Department requirements. Attachment "A" Attachment "B" Attachment "C" Attachment "D" Attachment "E" Attachment "F" FISCAL IMPACT None Parcel Map 23910 415 Granite Street 415 Granite Street 308 Lowell 321 Acacia Storm Drain Homestead Land Dev. Lechman Lechman Denk Cook Torn RECOMMENDATION Staff recommends that the City Council accept the documents for recordation and authorization the City Clerk to execute same. AGENDA ITEM NO. 10 PAGE / OF Order No. Escrow No. Loan No. WHEN RECORDED MAIL TO: HCMES'!EM LAND DEVE OPNENT COR 355 N. Sheridan St., #117 Corona, CA 93720 MAIL TAX STATEMENTS TO: SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX ....» Computed on the consideration or value of property conveyed; OR .»... Computed on the consideration or value lets liens or encombrerim remaining at time of rale. Signature of Declarant or Avant determining tare — Firm Name EASEMENT ONLY CORPORATION GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, HOMESTEAD LAND DEVELOPMENT CORPORATION a corporation orcanized under the laws of the State of California , does hereby GRANT to THE CITY OF LAKE ELSINORE an easement for slope purposes over portions of Parcel 7 of Parcel Map No. 23910, the real property in the City of Lake Elsinore Countyof Riverside State of California, described as AS MORE PARTICULARLY DESCRIBED ON EXHIBIT"A" AND SHOWN ON EXHIBIT aB BOTH ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Dated Anrntat 9- 19R9 1 STATE OF CALIFORNIA Riverside COUNTY OF _ Au u s t 9 F 1989 beforo me, the undersigned a Notary Public in and for said State, personally appear ad Pit-hx7-rl T ['rank N A personally known to me (or proved to me on the basis of setrstactory evidence) to be the persons who executed the within instrument as V ice President and N.7A Secretary, on behalf of unto sT-r A n CORPORATION the Corporation therein named and acknowledged to me that such COr poration exemited the within instrument pursuant to Its by-laws Or a resolution d its board of directors VffrNESS rrry h a al. Signature All A -I -V C -r Tre�rA�T� a t - a . is W0130=AAMI, By— 01i Vice— P-esident By Secretary c�laAL stx ROxArM LOW NOTA" RIVERstCE COUNTT IONYCOMM. Exp. APR. 2, A ITEM NO. PAGE Z _ OF /# (This arae for official notarial anal) 1144 (6182) .n I".11'1Pp\T PI"\ Ani\\IP EXHIBIT W LEGAL DESCRIPTION Easements for slope purposes over portions of Parcel 7 of Parcel Map No. 23.910, In the City of Lake Elsinore, County of Riverside, State of Cal'rfomia, as per map filed in Book 154, Pages 7 through 14, inclusive, of Parcel Maps in the office of the County Recorder of said County described as follows: PARCEL 1 Beginning at a point In the South line of said Parcel 7, said point being South 88°09'55" East 411.15 feet from the Southeast comer of said Parcel Map No. 23910; thence leaving said South line North 18°00'00" East, 34.72 feet; thence North 30°00'00" West, 41.00 feet; thence North 14000'00" West, 22.00 feet; thence South 62000'00' East, 38.00 feet; thence South 38000'00" East, 34.00 feet; thence South 69000'00" East, 38.00 feet; thence South 01050'0.7 West, 34.00 feet to a point In said South line; thence along said South line North 88°09'55" West, 73.82 feet to the Point of Beginning. PARCEL 2 Beginning at a point in the South line of said Parcel 7, said point being South 88009'55" East 461.15 feet from the Southeast comer of said Parcel Map No. 23910; thence North 01 050'05" East, 46.00 feet; thence North 73°00'00" East, 20.00 feet; thence South 70000'00" East, 48.00 feet; thence South 87°00'00" West, 2200 feet; thence North 77°00'00" West, 21.00 feet; thence South 00000'00" East, 18.00 feet; thence South 29°00'00" West, 19.00 feet; thence South 11°00'00" East, 4.93 feet to a point in said South line; thence along said South line North 88°09'55" West, 15.01 feet to the Point of Beginning. As shown on Exhibit "B" attached hereto and by this reference made a part hereof. LA N0 S R c GILL W. 5780 J es R. Gill LS. 5780 � OF CA10 Sheet 1 d 1 Sheet July 21, 1989 W.O. 6223x H & A Legal No..2479 kd ^A ITEM NO. PAGE oF� 1 EXHIBIT W LEGAL DESCRIPTION Easements for slope purposes over portions of Parcel 7 of Parcel Map No. 23.910, In the City of Lake Elsinore, County of Riverside, State of Cal'rfomia, as per map filed in Book 154, Pages 7 through 14, inclusive, of Parcel Maps in the office of the County Recorder of said County described as follows: PARCEL 1 Beginning at a point In the South line of said Parcel 7, said point being South 88°09'55" East 411.15 feet from the Southeast comer of said Parcel Map No. 23910; thence leaving said South line North 18°00'00" East, 34.72 feet; thence North 30°00'00" West, 41.00 feet; thence North 14000'00" West, 22.00 feet; thence South 62000'00' East, 38.00 feet; thence South 38000'00" East, 34.00 feet; thence South 69000'00" East, 38.00 feet; thence South 01050'0.7 West, 34.00 feet to a point In said South line; thence along said South line North 88°09'55" West, 73.82 feet to the Point of Beginning. PARCEL 2 Beginning at a point in the South line of said Parcel 7, said point being South 88009'55" East 461.15 feet from the Southeast comer of said Parcel Map No. 23910; thence North 01 050'05" East, 46.00 feet; thence North 73°00'00" East, 20.00 feet; thence South 70000'00" East, 48.00 feet; thence South 87°00'00" West, 2200 feet; thence North 77°00'00" West, 21.00 feet; thence South 00000'00" East, 18.00 feet; thence South 29°00'00" West, 19.00 feet; thence South 11°00'00" East, 4.93 feet to a point in said South line; thence along said South line North 88°09'55" West, 15.01 feet to the Point of Beginning. As shown on Exhibit "B" attached hereto and by this reference made a part hereof. LA N0 S R c GILL W. 5780 J es R. Gill LS. 5780 � OF CA10 Sheet 1 d 1 Sheet July 21, 1989 W.O. 6223x H & A Legal No..2479 kd ^A ITEM NO. PAGE oF� EXHIBIT "B it SKETCH TO ACCOMPANY LEGAL DESCRIPTION IWS P. GLL No. 55780 a 7 Ei.63092 &ES R. GILL L.S. 5780 �rF OF CAO SHEET 1 OF 1 SHEET SCALE: 1" a 30' JULY 21, 1989 H & A LEGAL No. 2479 W.O. 622-3X kd AGENDA ITEM y�. O �t g Qom. W D Q W N Clio 16 - 6-Clio00. 00, 0 00•� D W o3B oc y PARCEL 2 .r�p SLOPE EASEMENT D ❑ Q N js9a0�'O o° N 700 o .18 X000 V J P.O.B. PCL. �Ati PARCEL 1 1 00 fl � o o Ca N 7roo•oo•voo v SLOPE EASEMENT o� a %6 "1 Z 21.00In4 0 -4 °i N 290001001E o 411.1 73.82 C Zsp.pp z 19.00 00100' V 10, Z 5.01 4.93 534.97 ~ — N 88009' 55' V SOUTHEAST CORNER P.O.B. 1203.52 PARCEL MAP No. 23910 PCL. 2 IWS P. GLL No. 55780 a 7 Ei.63092 &ES R. GILL L.S. 5780 �rF OF CAO SHEET 1 OF 1 SHEET SCALE: 1" a 30' JULY 21, 1989 H & A LEGAL No. 2479 W.O. 622-3X kd AGENDA ITEM y�. RECORDING REQUESTED BY AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENTS TO: r City of Lake Elsinorel STKUs 130 S. Main St CITY. BID PAT' Lake Elsinore, CA9233 LJ Order No. Escrow No. GRANT DEED ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX T O computed on full value of property conveyed, or O computed on full value less liens and encumbrances remaining at time of sale. ftmiurs al 0"sM a"DMrr m q tau. Fm N" FOR VALID BLE CONSIDERATION, receipt of which is acknowledged, I (We), Robert L. Le chman and Irwna aOr► ► Bar tiara D. Lechman husband and wife as oint tenmahan , grantto CitY of Lake Elsinore lssme a panlaMs► ) all that real property situated in the City of Lake Elsinore (or in an unincorporated area of) Riverside lwna of camtl County, California, described as follows (insert legal description): 3 foot wide strip along the North property line of Lot 8 in block 510 of Smiths Addition as per map recorded hn Book 2. Page 135 of Maps, in the office of the County Recorder of Riverside County. For the purpose of additional alley right of way. Address: 415 Granite St. Ldke Elsinore, CA Assessor's parcel No. 377-283-019-6 Executed on 1996, at _ ��'► �a� 3 6 torr ansf stases STATE OF CALIFORNIA S5 X/7 4 COUNTY OF On this -If— day Of In the year 190, before me, the u rs1 neo, a NDIa l,c m and ter said State, personally appeared personalty known to me for proved to me on the basis of satisfactory evidence) to be the person whose named _AV- subscribed to the within Instrument, and acknowl- edged to me that Theo executed ft. WITNESS my hand and official seal. qOFFICIAL SEAL GLORIA FERRARO r 1.0 #KTI'My RLC—CA FC1M P MWIPAL OFM at R►4 t w COUNTY _ra�llrt�^�t5►w �•w.nrI171 Y 23. 1903 1 Notary Public in and for said State. (This area for official notarial se)OENDA ITEM N0. MAIL TAX STATEMENTS TO — Fi - _- OF� HAIR E ADDRESS 6erare yw vee rnr, ren . rae +!. iw w M nam.:. ane WW&1 VftMW 0**jrs a. aan "k0 w n.c+lw l a 1w wDLCOTTS FORM 176—Raw 12-M (Prig Ons 3) pan cuut ti anlagen [~ a owfw A rev OOU nu rano s rt 0S b rwr OW PO and rY NA71CtMt7 RWNn np GRANT DEED rrpysenta"w a wr,4", *Was or .npNa, wmr resW M Ire rwcRarxan+a y or 1rt ws of rrn Kmn wan r+t+�DeE esa or PwPM ®1lISwOlC01T5,MIC. RECORDING REQUESTED BY AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW. MAIL TAX STATEMENTS TO: r City of Lake Elsinore ITIW 130 S. Main St. Lake Elsinore, Ca. STVI IV 92330 J LTft on* No. Eaaow No. GRANT DEED Alley easement ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX S O computed oa full value of property conveyed, or O computed on full value less liens and encumbrances remaining at time of sale. &rename d owwml ar " Dow, 00 To. Flea flier FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We), Denk,Hasband and Wife as Joint tenants grant to y Cit of Lake Elsinore _ all that real property situated in the City of Lake El s=A'"" ) (or In an unincorporated area of) Riverside County, California, trim K Ceu+srl described as follows (insert legal de riDt1_0n): An allev easement described as follows: e The two and one half of the southerly one hundred fifty feet east and west. Property described as follows: Lot 8 i in the City of Elsinore,as shown byMap of Maps, Records of San Diego County, side of rectangular lot for n BLOCK61 of HAZARD'S SUBDIVISION on file in Bool 1 page 47, California. ADDRESS: 308 Lowell St. Lake Elsinore, Ca. 92330 Assassor's parcel No. 37 404 3010 Executed on August 20, 19 90, at _ Lake Elsinore, California lc.Y ane s"") STATE OF CALIFORNIA a es en COUNTY OF Riverside }SS on mis 2044 rn August in ttte rear I9 g0, btfore nx, Davetta Denk the undmrs)gned, a Notary Public in and fDr said State. Pe, 10P appeared .fames P. Denk and Davetta Denk personally known to fM (or proved to M on the basis of satisfactory evidence) to be the person_ OFFICIAL SEAL ADRIA LEP BRYNING WM10" naM S aresub�bed to the within instrument, and acknowl- NOTARY PUBLIC -CALIFORNIA iped to me Mat �ejumted it. �% RIVERSIDE mfr (A[llrTl w � eomin. explsrs MYIRi yC�P•Q�J V •G•a•r3•� Cep wiTNE,Sj my hand and Ofticiai seal. N&A c In and for said (TT)Is uea for offidal 1logrlal seal) MAIL TAX AGENDA ITEM N0. 01 STATEMENTS TO NAME ADDRESS 0F_4�- e.+a. Yea rse +Ms M" n DU: . ne a* na�as. anc era. wew�.r errpn s. aaanarMw ane * pw HM fent TTa—aw 12-0 (fes dm 3) WM.LV gran at -w ciftw a wo w r 1rr eam nr 1"'$ iwws wr "W P" M &" on AUMN P"" M e1MNT KED W*~ a .w7anry, a.p sn w uro S. wA �nprri a11M wlydrrriGMf ar W Mn 0 ps W" IR M wl,neaa race war PM O++rswxmns, mc. J RECORDING REQUESTED BY AND WHEN RECORDED MAIL THIS DEED AND. UNLESS OTHERWISE SHOWN BELOW. MAIL TAX STATEMENTS TO: now F—City of Lake Elsinore 130 S. Main St. ao Lake Elsinore, CA 92330 CrTr 3"14ZTP L "Wollm""D SPACE ABOVE TMS LINE FOR RECORDER'S USE GRANT DEED THE UNDERSIGNED GRANTOR(s) DECLARE($) DOCUMENTARY TRANSFER TAX is $ • computed on full value of property conveyed, or O computed on full value less value of liens or encumbrances remaining at'time of sale, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Robert Cook and Laurie Cook, Husband and Wife as Joint Tenants hereby GRANT(s) to City of Lake Elsinore the following described real property in the City of Lake Elsinore County of Riverside , State of California: A slope easement described as follows: Extending -from the most westerly property line to the most easterly property line, the southeasterly ten (10) feet of Lot 11, Block 11 of Country.Club Heights Unit No. 3, as shown by Map on file in Book - 11, Page 34 of Maps, records of Riverside County, California. Address: 321 Acacia St., Lake Elsinore., California Assessor's Parcel Number: 373-133-010-5 Dated STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss. On -TIMY 11 1990 before me, the undersigned, a Notary Public in and for said State. personally ePPe- _ **ROBERT COOK aTRTF rnnx********_ ********************************* 4NOWeraon R whose name S— subscribed to the within MSVu Al-an&ackna Wedged that THEY executed the same. lmVliryiTy , r % I PROVED TO HE ON THE BASIS OF SATISFACTORY EVIDENCE TO BE*THE OFFICIAL SEAL a "�'�q�Irr�Ir.S►exRtm AUGAUG 23, 1991 PR -6 (10) MAIC TAX STATEMENTS AS DIRECTED ABOWENDA ITEM NO. PAGE OF ✓ EXHIBIT B A PORTION OF LOTS 7 THRU 15 INCLUSIVE OF BLOCK:1, TOGETHER WM THE ALLEY BETWEEN AS WELL AS BELMONT AVENUE (VACATED) OF THE TOWfF:OF LUCERNE AS SHOWN ON A MAP RECORDED IN BOOK 11, PAGE 499 OFRECORDS OF SAN DIEGO COUNTY, CALIFORNIA; SITUATED IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NEW CENTERLINE INTERSECTION OF ROBS ROAD AND LAKESHORE DRIVE AS ESTABLISHED BY BUTTERFIELD ENGINEERING INTERSECTION IMPROVEMENT PLANS DATED 6/14/89: THENCE SOUTH 1° 21132" EAST ALONG. THE CENTERLINE OF GRAND AVENUE (MICHIGAN STREET) 246.72 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 43038'28" EAST, 280.00 FEET; THENCE' NORTH 46021132" EAST, 30.00 FEET; THENCE SOUTH 43038'28" EAST, 100.00 FEET; THENCE SOUTH 46021'32" WEST, 100.00 FEET; THENCE NORTH 43038'28" WEST, 100.00 FEET; THENCE NORTH 46021'32" EAST, 30.00 FEET; THENCE NORTH 43038'28" WEST, 240.00 FEET TO AN INTERSECTION WITH THE CENTERLINE OF GRAND AVENUE (MICHIGAN STREET); THENCE NORTH 1° 21'32" WEST ALONG SAID CENTERLINE, 56.57 FEET TO THE TRUE POINT OF BEGINNING. PREMIER ROBB RD. STORM DRAIN -TEMP. EASEMENT JOB NO. 860215 2/13/90 (Revised 4/1/90) (Revised 8/27/90) A '"!!JA ITEM NO. PAGE OF T10E ENGINEERING SERIACES' 17611 Yorba Linda Wvd. Yorba Lindr, Glifortlia 92686 LAICESPOZE DR- O FANO S No 5196 DoE NG Sf]Ul t)-"T----OFs� PP40JECT RUBE XUAU-STCRM ^RAIN DATEf.:7. .lt v7V Y tr.v►.i. V � NEW CENTERLINE PER STREET DIVROVEMENT PLANS FOR ROBS ROAD/LAKr'gnORE DRIVE INTERSECTION BY BUTTERFIELD ENGINEERINEL DATED- 6-14-a%. This map' was prepared by ne:or under my supervisf oh. G - T! L5 1 p: 1 rpm 4���o��� OF CA 7 t 1 3�,�•y 17 1 � Q y I , 10 N Q - IZ - (VAC1ZM ) Basis of Bearings: Michigan St. being N 1 °2113211 hese Qer PIS 5-0182-8 if . is AGENDA ITEM N0. PAGE OF ul-r PREP CK FILE PLOT MIF Thla is to certify that the interest In real property conveyed by the within Inst u. w . being on easement from ........ hereby accepted by order of the city Council. and the grantee ennsenh to the recordation thereof by its duty author ted etkff. 06ted: ................................ I............... SPACE ABOVE THIS UNE FOR RECORDER'S UBE When recorded retum to EASEMENT Ir -OR A VALUABLE CONSIDERATION. receipt of which is hereby acknowledged. ............... ............................. . Does.-..Herebyerom to The City of Lake Elsinore; .............................. �1L'Tt3inporary: Storm -Urai n -easement- and -acceptance of the Storm .run _off, , , ... . ........ : . lems the real property In the City of Lake Elsinore, County of Riverside, State of California, as shown on a Plat attached hereto as Exhibit A, and described in Exhibit B attached hereto. GENERAL ACKNOWLEDGMENT State of Californi�_ Onthlsthe 9t Riverside July gp 18_y before me, County of Riverside Dale J Eichler the undersigned Notary Public, personally appeared Ralph TORN oFFIC14 S- O personally known to me DALE J. EICHLER *roved to me on the basis of satisfaoro, evidence PMNCIP& OFFICE IN to be the person(s) whose name(s) is ubscribed to the LA MY rlrveas rt . Xv. 2 within instrument, and acknowledged that �0f'""'�70" �� >tn. 2fI. 1892 g he executed It. WET S my han of i I seal. Notary's sign re - -.�rrrrrr.�l�.rlrrtl�.IJ1.�1.r.�lll.��C�.Ir_IYlr�1,�,Il,.rJ1� ACKNOWLEDGMENTNERAL MCMouAW 1 day o196g6fore me, STATE OF CALIFp IA F D' ss �+I+d, N'ur)' PU in in and ror aald C�kr and Sym, . o+►aonalry 400"Pea to Demon (Or ppm nye On IAa baW or yyWa . Porsonally la XC'ft'jNd to ft Alin r Who" name oGpry *] to be u* IS w j��� tvv �I?y, orP y Nsmr [Typ[tl or rr....._, Fon Normy SUL on $T,wp OFFII ,IAL M , o �. KE+?DE U5- 1902 9/aa6�62S AGENDA ITEM NO. I I PAGE l0 OF PREP CK PLOT M/F This Is to certify that the Interest In real property conveyed by the within instrument being an easement from ........ hereby accepted by order of the City Council. and the grantee eonsents to the recordation thereof by Its duly authorized officer. Diced: ..................................... ..... i i - 0 i am SPACE ABOVE THIS UNE FOR RECORDER'S USE When recorded return to - EASEMENT. FOR A VALUABLE CONSIDERATION. recelpt of which Is herebyacknowledged................................ . ....... . ....................................................... .. ...............................................................:.. I t S.....Hereby Grant to The City of Lake Elsinore; A.Temporary, Storm Drain easement and acceptance of .the storm run-off,,,., :. ,•'.; - ��e���•w�.ti�i:•f.��ti ..�7'~' .- M1y,� �.:.' S�- ,,!�' •_iii •a •.. .1' •�•'��r'w'�{.'!: �•..�::�x�'.L��:'f 3_•�•. issth!'i'est.properfyln the `City orf Lake -Elsinore, County'of` Riv s1de",''Scotia'" I• CaFi`forn "as shown on a Plat attached hereto as Exhibit A, and described in Exhibit B attached hereto. The easement granted herein is a temporary easement for the construction of temporary drainage £acilitic!s:.and will terminate on the earlier of (a) the recording of a,. quitclaim, release or similar document re easing the easement -rights grahted herein; or (b) ollko, 19 9,2 . As consideration for the granting of this easement, the City of. Lake Elsinore covenants and agrees, upon the ` expiration or sooner termination of. this temporary easement, to restore the surface'of'the subject real property to a condition reasonably equal to or better- than etterthan its condition prior to construction of. the drainage improvements which are the subject of this easement. Voted ............�✓� 96 .... `... .. t9.... . Signed In the presence of COUNTY OF Lapp - } .SS. On July 31, 1920 before me. the undersigned. a Notary Public In and for sold County and Stale, personally appeared Judit 5� Tornallen known to me to be the person whose nerna--subscribed to the wtthin Instrument end acknowledged that she, ecu' led the sarin. Barbara J. Wuest My commission expires: 5-16-911 Mary (Typed of Printed) FOR NOTARY SEAL OR STAMP O ...AGENDA ITEM N0. PAGE OF 1 PREP CK PLOT M/r This Is to certify that the Interest In real property conveyed by the within Instrument being an easement from ........ hereby accepted by order of the City Council. and the grantee consents to the recordation thereof by Its duly authorized etfleer.• Oiled: , -- SPACE AIIOVE THIS UNE FOR neCOROER-9 USE When recorded return to EASEMENT DR A VALUABLE CONSIDERATION. receipt of whlch .h hereby acknowledged. ........................................... . ...................... DOES.. ..Hereby Gant to - The City of lake Elsinore; . R.r.Tempora ry Storm Aram-eosement and aCc!kpt.niic9 af.,the $.t -arm rUn-4f = �f1�Ji71�14��1L.�,r�.:��e, s. •.��4.... .r.. !:-��.7�__-.•eco". .r �i:..i._.. .�r�_�. __... u,:._',asiT.�:.r,.: :'+��_:�e�d_�. ,i: �:i.JLl ._ �l�Ei�!t:i—Ytl_�•1'�lY l•*.•.��. J�,,nr�'. . I the rtai property +nthe 'City of take''Elsinore; Courify of Ri'vrsMideate of Ce7ifflr In a shown on a Plat attached hereto as Exhibit A, and described in Exhibit B attached hereto. The easement granted herein is a temporary easement for the construction of temporary drainage facilities .and will terminate on the earlier of (a) the recording of aA ___quitclaim, release or similar document re easing the easement rights granted herein; or (b) - ---�-- 19 9a . As consideration for the granting of this easement,the City of. Lake Elsinore covenants and agrees, upon the expiration or sooner termination of this temporary easement, to restore the surface of -the subject real property to a condition reasonably equal to or better F than its condition prior to con$truction of the drainage improvements whic.h are the subject of this easement. In Dated... ....... .� ................ Signed In the presence of STATE or CAL1roRN1A COUNTY or_rPn 61'* �.} ss." t7n19QLQ6efort me. the undenlgned. a Notary Public In 8"4jfor laid County and /matt, personally appeared I& n .773y- r\ vird known to nye to be the person,5_.rhoss nem :subscribed to the within Instrument and acknowledged that 46bi.—asecvled th■ sore. L/ mzo Norma hyped or Primed) ron NOTARY oFFICIAISEAL USA K DERENZO Nopaypumr-CUFOWR PMdpal OfFim In MARIN County My pon>rniracn E*u Nou 12, IM O p4GSNDA .ITEM N0. 0F PACE . fnEP CK PLOT M/F Thls Is to certify that the Interest In reel property conveyed by the within Instrument being an easement from ........ hereby eeeepted by order of the City Council. and the grantee consents to the recordation thereof by Its duly authorized officer. - [Bled: _4 .. SPACE ABOVE THIS LINE FOR RECORDER'S USE When recorded return to EASEMENT FOR A VALUABLE CONSIDERATION. receipt of which Is hereby acknowledged .. .......................................... . ..... . . . . . . .... . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . .. .. i .. . .. . ... .. . .. . ... .. • . .. . . . .. . . . . . . ....................................................................................................... . ....Hereby Grant to The City of Lake Elsinore; A Temporary Storm Oram easement And acce tan_ee of..th;e torm -ry o. • . .. -_.r ` ••r . t>rolxrt7► the'Cit `of ice' lsint�re "Cour• ' eery:: ll,e`rtai ln. La t Orli V d' r' .'F �`�f Y y e s e, tta€e of"' Ti forri i*,• as _ shown on a Plat attached hereto as Exhibit A, and describe(! in Exhibit B attached hereto. The easement granted herein is a temporary easement for the construction of temporary drainage facilities and will terminate on the earlier of (a) the recording of a„ quitclaim, release or similar document re asing the �--_.easement rights granted herein; or (b); , As consideration for the granting of this easement,•the City of. Lake Elsinore covenants and agrees, upon the expiration or sooner termination of this temporary easement, to restore the surface of -the subject real property to a condition reasonably equal to or better s than its condition prior to construction of the drainage ' improvements which are the subject of,.this easement. dated... . • • 6• . .. 3... .................... t9.. D ....... . Signed In the pre nce or . • . . • ..... . . .. 4 ... ........... .......... STATE or_gAgFORN1A ) COU Q` • ? SS. Cn before me. the undersigned, a otary Public In ends for laid CoU'18,n..d� State. personally appea►tdi=iQft']_ f1 LU1!'3 knowto me to be the person—whose nem■ subscdbed to the within Instrument mrd acknowledged that '& he .aseculed the Some. Nance (Typed or Printed) FOR NOTARY SEAL OR STAMP OFFICIALSEAL usA M. DERENzo NouwRaCcALFOFM pdWpN oviee in MAS 1Cotr V My0mvnission E3Virse O AGENDA ITEM NO. PAGE OF i PREP CK. PLOT M/F This Is to certify that the Interest in real property conveyed by the within Instrument being an easement from :....... hereby accepted by order of the City CounelL and the grantee consents to the recordation thereof by its duly wthorited Officer. Med: or. h ......... ........................................ [_ SPACE ABOVE THIS LINE FOR RECORDER'$ USE When recorded return to EASEMENT FOR A VALUABLE CONSIDERATION. receipt of which Is hereby acknowledged ............................................... .... Hereby Grant to The City of Lake Elsinore; Mance of .1 a tn,a real Propertyin: rtnef-vi ty -of � ake, fl s i pore; ' County -of', R vers`i*-`ttati`' f ` Cai' forrrfa�; Shown on a Plat attached hereto as Exhibit A, and described in Exhibit B attached hereto. The easement granted herein is a temporary easement for.. the construction of temporary drainage facilities and. will terminate on the earlier of (a) the recording of a quitclaim, release or similar document re asing the easement rights granted herein; or (b) - 199. As consideration for the granting of this easement, t,he' City of Lake Elsinore covenants and agrees, upon the expiration or sooner termination of this temporary easement, to restore the surface of the subject real property to a condition reasonably equal to or better than its condition prior to construction of the drainage improvements which are the subject of this easement. Dated...... ................... Signed M the presents of zo STATE OF CALIFORNIA_. COUNTYr OFkr/1-It F1 , before me. the onderslgned. a Notary Public and saki County and State. personally smsred nk_ 7PT trnewe to me !a be the personname 1r., OUbscrlbad to the within lnsfrvrnent and acknowledged thesecvted the dame. �' r Naar! (Typed of Printed) FOR NOTARY SEAL OR STAMP . OFMCIAL SEAL - USA M DERENZO M>VXPL8UCC&FGRN1A indpW Moe in MANN County Mmmissim E:Veea Nov 12,1993 AGENDA ITEM NO. J PACS OF ......... ........................................ [_ SPACE ABOVE THIS LINE FOR RECORDER'$ USE When recorded return to EASEMENT FOR A VALUABLE CONSIDERATION. receipt of which Is hereby acknowledged ............................................... .... Hereby Grant to The City of Lake Elsinore; Mance of .1 a tn,a real Propertyin: rtnef-vi ty -of � ake, fl s i pore; ' County -of', R vers`i*-`ttati`' f ` Cai' forrrfa�; Shown on a Plat attached hereto as Exhibit A, and described in Exhibit B attached hereto. The easement granted herein is a temporary easement for.. the construction of temporary drainage facilities and. will terminate on the earlier of (a) the recording of a quitclaim, release or similar document re asing the easement rights granted herein; or (b) - 199. As consideration for the granting of this easement, t,he' City of Lake Elsinore covenants and agrees, upon the expiration or sooner termination of this temporary easement, to restore the surface of the subject real property to a condition reasonably equal to or better than its condition prior to construction of the drainage improvements which are the subject of this easement. Dated...... ................... Signed M the presents of zo STATE OF CALIFORNIA_. COUNTYr OFkr/1-It F1 , before me. the onderslgned. a Notary Public and saki County and State. personally smsred nk_ 7PT trnewe to me !a be the personname 1r., OUbscrlbad to the within lnsfrvrnent and acknowledged thesecvted the dame. �' r Naar! (Typed of Printed) FOR NOTARY SEAL OR STAMP . OFMCIAL SEAL - USA M DERENZO M>VXPL8UCC&FGRN1A indpW Moe in MANN County Mmmissim E:Veea Nov 12,1993 AGENDA ITEM NO. J PACS OF CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL SEPTEMBER 11, 1990 SUBJECT: ACCEPTANCE OF QUITCLAIM DEEDS FOR WATER RIGHTS 1 PREPARED BY: 2 APPROVED BY: O'Donnell Ron Kirchner Senior Civil Engineer Director of Public Services APPROVED BY Rv olend k City Manager BACKGROUND These projects were approved by the Design Review Board and conditioned to dedicate the Underground Water Rights to the City. SUMMARY The following attachments are copies of these documents dedicating said Water Rights to this Agency or its assignees. Attachment "A" Attachment "B" Attachment "C" Attachment "D" Attachment "E" Attachment "F" Attachment "G" Attachment "H" Attachment "I" Attachment "J" FISCAL IMPACT None RECOMMENDATION Staff recommends recordation. Denk Cantrell Hummel1 PAI -36, LTD. Larson Juhasz Rorabaugh/Dotts Crehan Cook Panto] a 374 043 010 374 102 023 373 115 012 379 131 009-1 379 131 007-9 374 083 009 379 382 001-9 373 145 004 373 291 003 374 143 006 374 133 010-5 374 081 012-4 that the City Council accept documents for Authorize the City Clerk to record said documents on behalf of the City. AGENDA ITEM NO. PAGE OF�� Recording requested by: CITY OF LAKE ELSINORE A municipal corporation -When recorded, mail to: CITY OF LAKE ELSINORE 130 South Main Street Lake Elsinore, CA 92330 Above space for Recorder QUIT CLAIM DEED Water Rights APN#374043010 For a valuable consideration, receipt of which is hereby acknowledged, James and Davetta Denk does/do hereby REMISE, RELEASE, DEDICATE AND FOREVER QUITCLAIM to the City of lake Elsinore, a municipal corporation or its assignees, any and all water rights incidents and appurtenant to the real property located in the City of Lake Elsinore, County of Riverside, State of California, described as: Lot 8 in BLOCK 61 of Hazard's Subdivision in *hA I!i j`�v �f F siur����c shnwn_.by MnD_.an fil p _in , n k 9 aga 47, of Maps, Records of San Diego County,California 308 Lowell Street Dated August 20, 1990 STATE OF CALIFORNIA) )ss COUNTY OF RIVERSIDE) On August 20, _ _ _.,1990 , before me, the undersigned, a Notary Public in and for said State, personally appeared James P. Denk and Davetta Denk known to me, whose names are subscribed to the within instrument and acknowledged that they executed the same. Witness my hand and official seal., OFFICIAL SEAL AGENDA ITEM N ADRIA LBRYNING .2-1 OF 4 NOTARY PUBLIC LIC -CALIFORNIA PA ,�- RIVERSIDE OOUNTY Recording requested by: CITY OF LAKE ELSINORE A municipal corporation When recorded, mail to: .CITY OF LAKE ELSINORE 130 South Main Street Lake Elsinore, CA 92330 Above space for Recorder QUIT CLAIM DEED Water Rights APN# —3:74-100 023 For a valuable consideration, receipt of which is hereby acknowltd4ed;"-`. _. . Anne Cantrell does/do hereby REMISE, RELEASE, DEDICATE AND FOREVER QUITCLAIM to the City of lake Elsinore, a municipal corporation or its assignees, any and all water rights incidents and appurtenant to the real property located in the City of Lake Elsinore, County of Riverside, State of California, described as: Lot 13 Healds Re - Dated April 2, 1990 �tje=ora�hA neC ell By STATE OF CALIFORNIA) fIND1vj0w„4y )ss 6James L. Cantrell STATE OF CALIFORNIA COUNrYOF Riverside On �5yth A xz3 1990 1 ss. 8ig"d*%kYarryy Pubii m nd for ae b001unde►- 3njf? S ` an t rel1'#y and State. P6�sonally apparsd (0► Proved t0 me on the basis ofeMil� Person is factory Arid-eg) to be the *11086 name 3.S """'bed to the within inStR n*nt and aclt e Oanowbdged that wrrN executed OW hand and OryiCiel Susan E Geudtndr NP -1 (Rev 4/&) N3rne (ryPed Or Pnnted) 2 �'%A _ FOR NOTARY REAL OR iTAMP AGENDA ITEM NO. --IL PAGE OF-2XI-- err ��DmcR orary �- � R ` CCL� o SOYP'T. }+lret Recording requested by: CITY OF LAKE ELSINORE A municipal corporation When recorded, mail to: CITY OF LAKE ELSINORE 130 South Main Street Lake Elsinore, CA 92330 Above space for Recorder QUIT CLAIM DEED Water Rights APN# 373_115-012 For a valuable consideration, receipt of which is hereby acknowledged,GEORGE HUMMELL AND NADINE HUMMELL,HUSBAND AND WIFE, Ab cJ ulA l' '1�1V1ilV'1'J 'i does/do hereby REMISE, RELEASE, DEDICATE AND FOREVER QUITCLAIM to the City of lake Elsinore, a municipal corporation or its assignees, any and all water rights incidents and appurtenant to the real property located in the City of Lake Elsinore, County of Riverside, State of California, described as: LEGAL DES. LOT #24 BLK, # 1 COUNTRY CLUB HEIGHTS UNIT # 1 788 MILL ST. LAKE ELSINORE, CALIF. Dated August 1 1990 By_ STATE OF CALIFORNIA) )ss COUNTY OF RIVERSIDE) On August 13 ,19 90, before me, the undersigned, a Notary Public in and for said State, personally appeared George mme l l and Nadine Hummel l known to me, whose names are subscribed to the within instrument and acknowledged that they executed the same. Witness my hand and official OFFICAAL SEAL L LIkCA L FARRARARRNOTARY PUBLIC-CALIFORml AGENDA iTE1V1 N SAM BIW Cato FOMMOW. E%?. JAM. 7, 1991 PAIGE . OFA Recording requested by: CITY OF LAKE ELSINORE A municipal corporation When recorded, mail to: CITY OF LAKE ELSINORE 130 South Main Street Lake Elsinore, CA 92330 Above space for Recorder QUIT CLAIM DEED Water Rights 379-131-009--1 APN# 379-131-007-9 For a valuable consideration, receipt of which is hereby acknowledged,AT- 6 LTD. does/do hereby REMISE, RELEASE, DEDICATE AND FOREVER QUITCLAIM to the City of lake Elsinore, a municipal corporation or its assignees, any and all water rights incidents and appurtenant to the real property located in the City of Lake Elsinore, County of Riverside, State of California, described as: LOIS 19 THORUGH 22, INCLUSIVE OF LA FRANCE ACRES AS SHOWN BY MAP ON FILE IN BOOK 14, PAGE 41, OF MAPS, RECORDS OF RIVERSIDE COUIFY, CALIF. EXCEPT THEREFROM THAT PORTION THEREOF CONVEYED TO THE COUNTY OF RIVERSIDE BY DEED RECORDED JUNE 22, 1964 A.�' INSUMU NO. 76391 OFFICIAL RECOI Dated it-, G By_ 6 06, LAPD. ; PA pEVEDOPME"NT CO., ERAL PARTNER /VINAY PAI, PRES. STATE OF CALIFORNIA) )ss STATE OF COUNTY Qrr-AlJF°RNA ),as the undersigned, --)eared p°'sonelly 4Aaeared - _ be," � lown to cf'a�r a" iwary�c P ent and be Me in and for e moons w►b exoc � P"*Wy k i P►bsidern ted Within nown b (or and -+ and �f<umRrlt as Proves ►o ms on ea m arion rharain the basis ror ex urs "ame,7, c a=sera or q of,� within �r k��9e0 to � .m fY, on bellav( of purr"Jan; to said kn 'r'eto be o+ie o � v► dr�e0ors, sa'a 6Y fl Mem of �rr+8illillillillillllllllIIIIIIIIIIIIIIIIIIIIIIlI to rr� [hle a+Ch exrnii pa • .� "` IN is that r,acut arigaxe" a rtAa r��en 3i1p &RiB 83 ffUChe1[eyu[lld the Sa�tGj S 7"tur and ofhcial (This area for official sea AGENDA ITEM NO. PAGES OFA. Recording requested by: CITY OF LAKE ELSINORE A municipal corporation When recorded, mail to: CITY OF LAKE ELSINORE 130 South Main Street Lake Elsinore, CA 92330 Above space for Recorder QUIT CLAIM DEED Water Rights APN# 374-083-009 For a valuable consideration, receipt of which is hereby acknowledged, LARS NILS LARSSON does/do hereby REMISE, RELEASE, DEDICATE AND FOREVER QUITCLAIM to the City of lake Elsinore, a municipal corporation or its assignees, any and all water rights incidents and appurtenant to the real property located in the City of Lake Elsinore, County of Riverside, State of California, described as:QO BLOCK52 310 SCRIVENER LAKE ELSINORE CA. 92330 Dated 08-01-90 STATE OF CALIFORNIA) )ss COUNTY OF RIVERSIDE) By LARS NILS LARSSON By iA�6 On August 8 ,1990 , before me, the undersigned, a Notary Public in and for said State, personally appeared Lars Nils Larsson known to me, whose names are subscribed to the within instrument and acknowledged that they executed the sw. Witness my hand and official seal PAGE OF -j Recording requested by: CITY OF LAKE ELSINORE Amunicipal corporation When recorded, mail to: CITY OF LAKE ELSINORE 130 South Main Street Lake Elsinore, CA 92330 Above space for Recorder QUIT CLAIM DEED Water Rights APN# 379-382-001-9 For a valuable consideration, receipt of which is hereby acknowledged, Jeffery R. Juhasz does/do hereby REMISE, RELEASE, DEDICATE AND FOREVER QUITCLAIM to the City of lake Elsinore, a municipal corporation or its assigneesp any and all water rights incidents and appurtenant to the real property located in the City of Lake Elsinore, County of Riverside, State of California, described as: .16 Acres Net in Lot 1 MB 126/092 of Tract 15480 ADDRESS: 745A and 7456 Quail Drive Dated July 6, 1990 STATE OF CALIFORNIA) )ss COUNTY OF RIVERSIDE) ■WqWA. f I� � 1 �� •�7 On July 6, —.1990,, before me, the undersigned, a Notary Public in and for said State, personally appeared o Jeffery R. Juhasz known me, whose names are subscribed to the within instr=ent and acknowledged that they executed the she. r Witness my hand and official seal. AdENDA ITEM PAGE ZZOF Recording requested by: CITY OF LAKE ELSINORE A municipal corporation 'When recorded, mail to: CITY OF LAKE ELSINORE 130 South Main Street Lake Elsinore, CA 92330 Above space for Recorder QUIT CLAIM DEED Water Rights ApN# For a valuable consideration, receipt of which is hereby acknowledged, JQaAL e,QE__4A1 does/do hereby REMISE, RELEASE, DEDICATE AND FOREVER QUITCLAIM to the City of lake Elsinore, a municipal corporation or its assignees, any and all water rights incidents and appurtenant to the real property located in the City of Lake Elsinore, County of Riverside, State of California, described as: .2/,2Ea�C' St LoT' 2 Dated By_ STATE OF CALIFORNIA) )ss COUNTY OF RIVERSIDE) 10hn G►_&fin On , 29 ,199; before me, the undersigned, a Notary Vublic in and for said State, personally appeared —.Anle r (_yuan known to me, whose names are subscribed to the within instrument and acknowledged that they executed the same. Witness my hand and OFFIGIAL SEAL DEBRA a ARAGON NOTARY PUBUC • CALFORNIR +' SMI DIEGO COIBITY Ay Comm.E&OssAut 30,1!93 official seal. 6.__ AGENDA ITEM NO. FnGE OF�. BiTI'TERFIEW ' ENGINEERING & SURVEYING t �, A Division of The Keith Companies T ETM OF T . N �(�jr�7 Planning • Civil Engineering • Environmental Services js1 Landscape Architecture • land Surveying • Public Works TO 1 OF1C �L1��oiLG WE ARE SENDING YOU ❑ Attached ❑ Under separate rover via the following items: t lk COPIES DATE NO. DESCRIPTION iT LAM a�rt~Tz s THESE ARE TRANSMITTED as checked below: ❑ For approval For your use ❑ As requested ❑ For review and comment ❑ FOR BIDS DUE COFY TO 565 Chaney Street Suite F lake Elsinore, CA 92330 (714) 674-1481 D Approved as submitted ❑ Approved as noted D Returned for corrections ❑ Resubmit copies for approval D Submit copies for distribution D Return corrected prints 19 ❑ PRINTS RETURNED AFTER MAN TO US SIGNED ✓�� 66A AGENDA ITEM NO. PAGE OF 1 Recording requested by: CITY OF LAKE ELSINORE A municipal corporation When recorded, mail to: .'CITY OF LAKE ELSINORE 130 South Main Street Lake Elsinore, CA 92330 Above space for Recorder QUIT CLAIM DEED Water Rights APN# 373-133-010-5 For a valuable consideration, receipt of which is hereby acknowledged, Robert Hal Cook does/do hereby REMISE, RELEASE, DEDICATE AND FOREVER QUITCLAIM to the City of lake Elsinore, a municipal corporation or its assignees, any and all water rights incidents ofnLakeappurtenant Elsinore,to the Countyreal iverside,located ofn the Ci y California, described as: 2n the city of Take Elsinore Tot 17 in block 11 of Country Club Heights, Unit 3, as shown by map on file in book 11, Page 34 of maps, Riverside County, (incorporated). AKA; 321 Acacia Street Dated June 15, 1990 STATE OF CALIFORNIA) )ss COUNTY OF RIVERSIDE) By ��40 �- Robert Hal Cook By On June 15,,1990, before me, the undersigned, a Notary Public in and for said State, personally appeared known to Robert Hal Cook me, whose names are subscribed to the within instrument and acknowledged that they executed the same. • 4 Witness my hand and official seal. C1FFi!`T e T c V A T AGENT A ITEM N pACE16.OF1 MAR 1 5 1990 Recording requested by: CITY OF LAKE ELSINORE A municipal corporation When recorded, mail to: •CITY OF LAKE ELSINORE 130 South Main Street Lake Elsinore,"CA 92330 Above space for Recorder _QUIT CLAIM DEED_. _ Water Rights ApN# 373-145-004,373-291-003 For a valuable consideration, receipt of which is hereby acknowledged, D.A. Rorabaugh and Lorraine Rorabaugh Stan P. Dotts and Laurie J. Dotts. does/do hereby REMISE, RELEASE, -DEDICATE AND FOREVER QUITCLAIM to the City of lake Elsinore, a municipal corporation or its assignees, any and all water rights incidents and appurtenant to the real property located in the City of Lake Elsinore, County of Riverside, State of California, described as: Lots 3 through 28 as depicted in Map Book 4/267 of the San Diego County Records. . Dated By. On this 12I,5rd dayof"' , in the year 19�, before rnjj&-f f P�O�rd n a Notary Public in and for the sai luny n�tate.r l dingtherejn duly commissioned* an sworn, personally appeared -- .�^ `�.f1 Personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (a): .... (W INDIVIDUAL) Whose name is subscribed to this instrument, and acknowledged X1-1 that 6&they) executed it to CORPORATION) Who sxecuted the within instrument as president and secretary, on behalf of the corporation therein named, and acknowledged to ms that such corporation executed the within instrument pursuant to its articles and by-laws and a resolution of (0 PARTNERSHIP) Its Board of Directors. That —_executed the within instrument on behalf of the part- nership, and acknowledged to me that the partnership executed it. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official se I, ' n th and ear first v ritten. State, OFFICIAL SEAL " N Public in and for said Coup and State of California JULY A COR7C RAN w NOTARY PUBLIC - CALIFORNIA Iv4y omm:'scion expires: a3 �� aN t11EC0 ODIiM CO -15 My =nrr =Ira JIM 23, 1993 AGENDA ITEM NO. PAGE OF Recording requested by: CITY OF LAKE ELSINORE A municipal corporation When recorded, mail to: CITY OF LAKE ELSINORE 130 South Main Street Lake -Elsinore, CA 92330 Above space for Recorder QUIT CLAIM DEED Water Rights APN# 374-081-012-4 For a valuable consideration, receipt of which is hereby acknowledged, _ Leonard John Pantoja and Cheryl Lyn Pantoja does/do hereby REMISE, RELEASE, DEDICATE AND FOREVER QUITCLAIM to the City of lake Elsinore, a municipal corporation or its assignees, any and all water rights incidents and appurtenant to the real property located in the City of Lake Elsinore, County of Riverside, State of California, described as: 311 Lewis Street, Lake Elsinore, California, 92330 / Lot 11, Block 64 MB 008/378 SD Healds Resub Dated August 23, 1990 By Leormird JoM Pantoja By U STATE OF CALIFORNIA) yn toja )ss COUNTY OF RIVERSIDE) On August 23► 1990 ,19_, before me, the undersigned, a Notary Public in and for said State, personally appeared Leonard John Pantoia and Cheryl Lyn Pantoja known to me, whose names are subscribed to the within instrument and acknowledged that they executed the game. ial seal. e,ftc- Moo A05N ITEM N,,--'. -AL PAX � 0z2 REPORT TO CITY COUNCIL/REDEVELOPMENT AGENCY DATE: September il_, 1990 SUBJECT: Tentative Parcel Map 26326 and Industrial Project 90-5: Brookstone Development; a request for approval of a 25 _ lot industrial subdivision with reciprocal access and maintenance agreements and design review approval for approximately 202,000 square feet of industrial buildings. PREPARED BY: APPROVED BY: Saied Naaseh Dave nderman Associate Planner Comm Dev. Dir. APPROVED BY• mon Mo e'ra City Manager BACKGROUND On August 15, 1990 the Planning Commission held a public hearing and recommended the City Council adopt Negative Declaration 90-20 and approve Tentative Parcel Map 26326 and Industrial Project 90-5 by a 5-0 vote. DISCUSSION The Planning Commission expressed major concerns regarding the proposed forty foot (401), two-way, private drive and the fifteen foot (151) landscaping on each side of it. They determined that the only reason the applicant proposed the private drive was to avoid the required twenty foot (201) landscape setback. This twenty foot (201) setback would have been required if it was a public street. The Planning Commission felt that approving the project as proposed would set a precedent for future developments in regards to providing the required landscaping and private streets. Therefore, the project was conditioned (Condition No. 63) to have a thirty foot (301) one-way private drive and twenty feet (201) of landscaping on each side of it. The applicant agreed with the conditions and the project was approved with the addition of this condition. However, since then, the applicant has proposed a new site plan retaining the forty foot (401) two-way private drive and providing the required twenty foot (201) landscaping on each side of it. This new site plan was designed, since the applicant did not feel the one-way private drive would serve the project adequately. The desired landscaping was achieved through a 6,500 square foot reduction in total building area. Staff has determined that the change is in substantial compliance with the approved site plan and has addressed the Planning Commission's concerns about landscaping. AGENDA ITEM NO. PAG E ! OF 51 Page 2 September 11, 1990 Subject: Tentative Parcel Map 26326; Industrial Project 90-5 It should be noted that in order to change this private drive to a public street it would require an additional ten feet (101) of parkway landscaping for a total right-of-way width of fifty feet (501) and landscaping of twenty-five (251) on each side of it. The applicant has expressed that this scenario would make the project infeasible due to substantial reduction in building square footage. Condition Number 63 has been amended to read as follows: "The private two-way street shall have a forty foot (401) width and twenty foot (201) landscaping on each side of it." RECOMMENDATION It is recommended City Council adopt Negative Declaration 90-20, approve Tentative Parcel Map 26326 and Industrial Project 90-5 based on the Findings and subject to the attached Conditions of Approval. FINDINGS For Private Streets 1. There are adequate provisions for their construction and continued maintenance. 2. Welfare of the occupants of the development will be adequately served. 3. The public welfare will not be impaired. Tentative Parcel Map 26326 1. The project meets the Goals and Objectives of the General Plan and the M-1 Zoning Standards. 2. The project, as conditioned, complies with the City's Subdivision Standards. 3. The proposal, as conditioned, will be compatible with existing and proposed development in the area; therefore, it will not create any adverse effect on abutting properties. 4. The project, as conditioned, will not have significant impact on the environment. Industrial Project 90-5 1. The project, as approved, will comply with the Goals and Objectives of the General Plan and the M-1 Zoning District. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. 3. Conditions and safeguards pursuant to Section 17.82. 070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to insure development of the property in accordance with the objectives of Chapter 17.82 and the M-1 District. 4. The project, as conditioned, will not have significant impact on the environment. 5. The site is suitable for this type of development. AGENDA ITEM NO. 5 PAGE OF'31- C, r CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP 26326 Planning Division: 1. Tentative Parcel Map 26326 will expire two (2) years from date of approval unless an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 2. The Tentative Parcel Map 26326 shall comply with the State of California Subdivision Map Act and shall comply to all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by the Conditions of Approval. 3. A precise survey with closures for boundaries and all lots shall be provided, per City Ordinance. 4. Signage for this subdivision shall require City Permits. 5. The City's Noise Ordinance must be met during all site preparation activity. 6. All grading shall conform to the requirements of Section 6.11 of the Subdivision Ordinance and Chapter 70 of the Uniform Building Code. 7. Pay all applicable fees in force at time of issuance of building permits. 8. Class II bicycle lane to be provided along Central and Collier Avenues subject to approval of Cal -Trans. 9. Prior to final approval of Parcel Map 26326 the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or the bonds and agreement for said improvements, shall be submitted to the City, and all other stated conditions shall be complied with. 10. Prior to Final Map approval, applicant shall obtain off-site slope easements for grading from the required adjacent property owners. Such easements shall be approved by the City Engineer and City Attorney and recorded. 11. Final Map shall reflect plotting as approved on plans date stamped July 23, 1990. 12. Building permits shall not be issued until proof of payment of school mitigation fee is presented to City Building Division. 13. All of the improvements shall be designed by developer's civil engineer to the specifications of the City of Lake Elsinore. 14. The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the Elsinore Valley Municipal Water District (EVMWD). 15. The developer shall submit plans to Southern California Edison for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and/or the association. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 16. Meet all requirements of Southern California Edison Company. 17. Meet all requirements of Southern California Gas Company. 18. Meet all requirements of General Telephone. ACENDA ITEM HO. PAGE OF 'a — _ r CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP 26326 19. Trailers or mobile homes utilized during the construction phase of this project shall be subject to approval of the Community Development Director. 20. Annexation to the City's Landscaping and Lighting District is required prior to approval of a Final Tract/Parcel Map. 21. The developer shall establish and record CC & R's prior to issuance of Certificate of Occupancy for the units. The CC & R's shall impose fees to maintain all landscaping, parking areas, private streets, private drainage facilities, and any other common amenities. CC & R's shall also provide reciprocal easements for parking, access, circulation, loading, landscaping maintenance, signage usage and maintenance in favor of all lots, subject to the approval of the Community Development Director and the City Attorney. The CC & R's shall prohibit outside storage and shall furnish information on any environmental hazards or constraints to all future owners/lessees. 22. A forty -foot (401) wide easement along the private street shall be recorded on the final map and shall be dedicated to the Business Owner's Association. 23. Building plottings, architectural drawings, floor plans, landscaping and fences/walls shall require Design Review approval prior to issuance of building permits. All standards of development and procedural steps in effect at the Design Review submittal shall apply for this project. 24. the, -a pp1-!sar*t-sh&1r1-eause-4G be4-utxur�L--ree-ipreee-lr -P-&rk3-Y1g1r----a-eeessT---moi a iat3 =--- 1ea4iAg--amd--- 1-andseap-i-Rg m&iRt-e*axeer-a�n&-a--r-eei}woea-1-- i-Rgress/egress--agweemerrt--1-cr �a}At.�aAee--ems --signage- ia-€actor-e€-ai-� mete•,--s�j-eet �o-fide $iprev&l--�€---the ---Deve3apment--D-ireetr&r--ver --- iris sh&li--&iso----'-*eILade, - -in 1orm&tierr -ern -awry-ems}ry mert-&1--hazard-s--er--9imi1er-develepment--eonsL-rai 11s 4nelrrd-iAa-- the---is€emat4on---tmat---the-Arte--tay-be-aub-j eet -to ----rep o-rt;---its---f3-ndir�gg----end -raeemnexdat-ierr---she-1-l----be -- e-Ao-- ali---future ewaere�41essees-& DELETE 25. Prior to issuance of any grading permit or building permit, subdivider shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 26. Submit a comprehensive soils and geology report and grading plan. Submit details of grading plan phasing and erosion control measures. Engineering Department: 27. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code prior to final map approval. 28. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52.030). 29. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16.34; Resolution No. 85-26). 30. Submit a letter of verification "will -serve" letter to the City Engineering Department, from the applicable water district, stating that water and sewer arrangements have been made for this project prior to final map approval. AGENDA ITEM 0 PAGEOF r r CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP 26326 31. 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). 32. Street improvement plans and specifications shall be prepared by a Civil Engineer and improvements shall be to Riverside County Road Department Standards, latest edition, and City Codes (Lake Elsinore Municipal Code 12.04 and 16.34). 33. 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). 34. 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. 35. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 36. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 37. Provide fire protection facilities as required in writing by Riverside County Fire Department. 38. Provide street lighting and show lighting improvements on street improvement plans as required by the City Engineer. 39. 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 City Engineer prior to approval of final map. Developer shall mitigate any flooding and/or erosion downstream caused by development of site and diversion of drainage. 42. Applicant shall provide drainage facilities from Pasadena Street to Outlet Channel or applicant shall provide a recorded drainage letter from downstream property owners accepting drainage, subject to the approval of the City Engineer. 43. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 44. Applicant shall obtain any necessary Cal Trans permits and meet all Cal Trans requirements. 45. Contribute $2,040 towards the City's Master Entryway Sign Program. 46. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds. 47. Meet all requirements of Chapter 15.64 of the Municipal Code regarding flood hazard regulations. AGENDA ITEM No. -31 PAGE -f— OF -- --- -=- r CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP 26326 ` 48. Meet all requirements of Chapter 15.68 of the Municipal Code regarding floodplain management. 49. Contribute $15,750 for the design and construction of one-half (1/2) median on Collier Avenue along abutting property line. 50. Ingress and egress to Collier Avenue will be limited to one (1) left turn in/out and one (1) right turn in/out, both subject to Cal -Trans and City Engineer approval. 51. All lots shall have access to public right-of-way or be provided an easement by separate instrument or by CC & R's and be approved by the City Attorney. 52. 100 Year Flood Plain shall be designated on final map. 53. Dedicate sufficient land along Pasadena Street for a 60 -foot street right-of-way with half -street improvements (20 foot) plus 10 -foot south of centerline. 54. Dedicate sufficient land along Central Avenue for a 76 -foot street right-of-way with half -street improvements (32 -foot). 55. Dedicate sufficient land along Collier for a 100 -foot street right-of-way with half -street improvements (43 -foot). If Cal Trans requires 12 -foot minimum travel lanes and 14 -foot minimum curb lanes, Collier Avenue will require 106 -foot right-of-way and additional dedication will be required. 56. Applicant shall contribute for the design and construction of the following signals: Collier/Central (25%) $37,500 Central/I-15 SB Ramps ( 5%) $ 7,500 Central/I-15 NB Ramps ( 5%) $ 7,500 57. Provide Soils, Geology and Seismic Reports including street design recommendations. Provide final Soils Report showing compliance with preliminary and finish grade certification. 58. All tracts and engineering shall be digitized by developer per City Standard, tapes to be provided prior to issuance of Certificate of Occupancy. If at the time of Certificate of Occupancy no system has been established by the City, this condition shall be waived, and the developer will pay a fee of $1,000 per sheet for future final tract digitizing. 59. The developer shall pay for "No Parking" and Street sweeping signs. 60. Utility companies shall approve their easements as to size and location on map prior to final map approval. 61. Prior to final map approval developer shall enter into an agreement with the City to mitigate drainage impacts by payment of a drainage mitigation fee. Whereas the City is in the process of developing a Master Plan of Drainage for this area, and the final plan has not yet been adopted but the previously completed Master Plan for Drainage for the West End indicates a fee of $4,000 per acre, the developer shall deposit such fee which may be partially refunded if the drainage fee for this area plan is lower. 62. When an assessment district is formed for the infrastructure in this area fees required under Conditions Nos. 49, 56, 61 will be refunded to the applicant provided these improve- ments are included in the district. AGENDA ITEM NO. PACE �OE -- - - — - - CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP 26326 63. The private one-way street shall have a 30 -foot width, a 20 -foot landscape setback, and an entry off of Central and exit off of Pasadena, subject to the approval of the County Fire Department and City Engineer. No Parking signs shall be posted on the one-way street. A �F. �, i;=` fit; r CONDITIONS OF APPROVAL FOR INDUSTRIAL PROJECT 90-5 Planning Division 1. Approval of Industrial Project 90-5 is contingent upon the approval of Tentative Parcel Map 26326. 2. Design review approval for Industrial Project 90-5 will lapse and be void unless building permits are issued within one (1) year. An extension of time, up to one (1) year per extension, may be granted by the Planning Commission prior to the expiration of the initial Design Review approval upon application by the developer one (1) month prior to expiration. 3. All Conditions of approval shall be fully implemented within the project design in all phases and/or adhered to strictly. 4. These Conditions of Approval shall be attached or reproduced upon Page One of building plans prior to their acceptance by the Division of Building and Safety. 5. All site improvements shall be constructed as indicated cn the approved plot plan and elevations. Revisions to approved site plans or building elevations shall be subject to Design Review. All plans submitted for Building Division Plan Check shall conform with the submitted plans as modified by Conditions of Approval, or the Planning Commission through subsequent action. 6. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Director or his designee. 7. Buildings shall be constructed as depicted on plans or as modified by the Community Development Director or his designee. 8. 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 plot plan only upon the review and approval by the Community Development Director or his designee. 9. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utili- ties. 10. 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. 11. A final grading plan shall be submitted and shall be subject to the approval of the Chief Building Official. 12. Applicant is to meet all applicable City Codes and Ordinances. 13. Meet all State handicap requirements. 14. Meet all Riverside County Health Department requirements. 15. No outdoor storage shall be allowed for any tenant. 16. Trash enclosures shall be constructed per City standards as approved by the Community Development Director. 17. No roof ladders shall be permitted. AGENDA ITEM o. 8,/57 e11:9 �— PAGE OF__ r C CONDITIONS OF APPROVAL FOR INDUSTRIAL PROJECT 90-5 CONTINUED 18. 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. 19. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be screened so that they are not visible from neighboring property or public streets. Any roof mounted central swamp coolers shall also be screened. 20. All roof mounted equipment shall be at least six -inches (611) lower than the parapet wall or top of equipment well and shall be painted to match the building. Evidence of compliance shall be included in building plans. 21. 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. 22. All exterior downspouts shall be painted to match the building. 23. Any proposed metal mailboxes shall be treated to blend with the center's design theme. Mailbox Plan 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. 24. A six-foot (61) high decorative masonry block wall shall be constructed along the property line abutting Lots 16 through 24 where the parking area abuts the adjacent property. 25. The final landscaping/irrigation plan is to be reviewed and approved by the City's Landscape Architect Consultant for a fee to be determined at the time of submittal, and the Community Development Director or his designee. a) All planting areas shall have permanent and automatic sprinkler system with 100% watering coverage. b) Applicant shall plant street trees, selected from the City Street Tree List, a maximum of 30 -feet apart and at least 24 inch box, as approved by the Community Development Director. c) All planting areas shall be separated from paved areas with a six-inch (611) high and six-inch (611) wide concrete curb. d) Planting within fifteen feet (151) of ingress/egress points shall be no higher than thirty-six inches (3611). e) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. f) Landscape planters shall include an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen years. AGENDA ITEM NO. -3 PAGE "r OF_31___, C CONDITIONS OF APPROVAL FOR INDUSTRIAL PROSECT 90-5 CONTINUED g) Any transformers and trash enclosures/mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. h) All landscape improvements shall be bonded 120% Faithful Performance Bond, and released at completion of installation of landscape requirements approval/acceptance, and bond 100% for material and labor for one (1) year. i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. j) Final landscape plan must be consistent with approved site plan. k) A five-foot (51) wide landscape planter shall be constructed along the wall indicated in condition number 24. 26. Applicant shall plant street trees on each lot, selected from the City Street Tree List, 30 feet apart and at least 24 inch box. A single species shall be used for each street and shall incorporate solar subdivision design principals. The planter island within the driveway area may not encroach into public right-of-way. Plan shall be submitted to the Community Development Director or his designee for approval. 27. All exposed slopes in excess of three feet (31) in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. 28. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. The light fixture proposed is to match the architecture of the building. No wa_1 pack units shall be permitted. 29. 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. 30. Applicant shall annex project into the City's Landscape and Lighting District. 31. DELETE 32. 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 Plann_ng Commission. All signage including free-standing signs shall be by City Permit and in conformance with the approved Master Signage Program. The Master Signage Program shall be approved prior to issuance of Certificate of Occupancy or release of utilities. Individual sign permits are required prior to the erection of each sign. 33. Parking stalls shall be double -striped with four -inch (411) lines two -feet (21) apart. 34. Painted arrows on the asphalt shall be located at all internal one-way drive aisles. AGENDA ITEM NO. PAGE /0J OF 31 - - - - - - - - rd C CONDITIONS OF APPROVAL FOR INDUSTRIAL PROJECT 90-5 CONTINUED 35. This project shall be designed so that every unit is provided with at least one (1) 12' x 20' loading space as required by the City's Municipal Code. a) Loading spaces shall be provided per Code for Buildings Nos. 22, 23 and 24. b) Loading spaces shall be provided as shown on the approved plan. 36. Trailers utilized during construction shall be approved by Planning Division. 37. On-site surface drainage shall not cross sidewalks. 38. A contrasting accent exterior color shall be utilized to break up the continuity of the facade. 39. 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 40. Conditions of Approval for Parcel Map 26326 shall apply to Industrial Project 90-5. Building Permits for I 90-5 will be issued after recordation of Parcel Map 26326. County Fire Department 41. The Fire Department is required to set a minimum fire flow for the remodel or construction of all commercial buildings using the procedure established in Ordinance 546. 42. Provide or show there exists a water system capable of delivering 2500 GPM for a 2 hour duration at 20 PSI residual operating pressure which must be available before any combustible material is placed on the job site. 43. A combination of on-site and off-site super fire hydrants, on a looped system (6"x4"x2-1/2"x2-1/2"), will be located not less than 25 feet or more than 165 -feet from any portion of the building as measured along approved vehicular travelways. The required fire flow shall be available from any adjacent hydrant(s) in the system. 44. The required fire flow may be adjusted at a later point in the permit process to reflect changes in design, construction type, area separation or built-in fire protection measures. 45. Applicant/Developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall conform to the fire hydrant types, location and spacing, and, the system shall meet the fire flow requirements. Plans shall be signed/approved by a registered engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 46. Install a complete fire sprinkler system in all buildings requiring a fire flow of 1500 GPM or greater. The post indicator valve and fire department connection shall be located to the front, within 50 feet of a hydrant, and a minimum of 25 feet from the building(s). A statement that the building(s) will be automatically fire sprinklered must be included on the title page of the building plans. AGENDA ITEM NO. S -/S- J6) CC• PAGE_ // _OF C r CONDITIONS OF APPROVAL FOR INDUSTRIAL PROJECT 90-5 47. Install a supervised water flow monitoring fire alarm system. Plans must be submitted to the Fire Department for approval prior to installation, as per Uniform Building Code. 48. In lieu of fire sprinkler requirements, building(s) must be area separated into square foot compartments, approved by the Fire Department, as per Section 505(e) of the Uniform Building Code. 49. A---stat-ementt --ire- sp�i��C�ere��trs� �gpee-r-arr �l�r�iti�--page--off--tire•--btrtlding p3r&as% DELETE 50. Certain designated areas will be required to be maintained as fire lanes. 51. Install portable fire extinguishers with a minimum rating of 2A-10BC. Contact certified extinguisher conpany for proper placement of equipment. 52. Prior to issuance of building permits, the applicant/developer shall be responsible to submit a check or money order in the amount of $413.00 to the Riverside County Fire Department for plan check fees. 53. Final conditions will be addressed when building plans are reviewed in Building and Safety. Elsinore Valley Municipal Water District 54. This property is in the 1434 pressure zone with a maximum serviceable pad elevation of 1314. 55. Pay water and/or sewer connection fees per Resolution No. 971.6 prior to Certificate of Occupancy issuance. 56. Submit hydraulic analysis to determined on-site and/or off-site sewer facilities sizing to meet E.V.M.W.D. Standards. a) Design and construct 20' waterline in Central Avenue to tie-in to the 27" loop line in the Lake System. b) Mainline extension along Collier Avenue is required; size as hydraulicly determined to meet fire flow needs for parcels 25 and 26. c) Construct sewer facilities as identified in the Sewer Master Plan in Assessment District 86-1. 57. Submit hydraulic analysis to determined on-site and/or off-site water facilities to meet Riverside County Fire Department requirements using fire flow plus maximum day demand. 58. Any required off-site street improvements require water and/or sewer line extensions within the new street. 59. Design and construct water and/or sewer facilities along entire project frontage and to surrounding areas, to E.V.M.W.D. Standards and Specifications. 60. Prepare a water and sewer facilities plot plan for commercial and industrial projects if on-site water and sewer lines and other service facilities are required. 61. Plumbing plans for commercial and industrial units shall be reviewed an approved by E.V.M.W.D. AGENDA ITEM NO, PAG Ir_L2=_OF_ ? 1 rd CONDITIONS OF APPROVAL FOR INDUSTRIAL PROJECT 90-5 CONTINUED 62. All waste discharges shall be subject to E.V.M.W.D. Ordinance No. 71 and industrial wastes may require pre-treatment and/or installation of individual monitoring stations. 63. A commercial/industrial waste survey is to be completed and returned to E.V.M.W.D. c/o Mr. Wally Borchard. 64. A reduced pressure principle backflow device is required after the service meter or after an irrigation meter per Resolution No. 951. 65. Install ultra low flow toilets and water conserving appliances and appropriate landscape irrigation systems. 66. Fire dector check(s) are required for all on-site fire protection facilities. Spring loaded traffic lid and concrete vaults are required. 67. Conditions, covenants and restrictions shall be drafted for this project. The conditions shall be stated as follows: a) Any change in occupancy in the commercial and/or industrial unit shall require the new occupant to make written notification to E.V.M.W.D. The written notification shall include the following information: 1. Name of Occupant 2. Name of Business 3. Business Address 4. Industrial Unit No. 5. Nature of Business Operation 6. Expected Type and Quantity of Industrial Waste to be discharged. 68. Project will provide a will -serve letter and connect to sewer. 69. For projects with conditions to construct regionally sized facilities: a) The developers will have full responsibility for construction and costs of any required regionally sized facilities, required upgrades and/or oversizing of any existing facilities. b) The District's policy and primary method of participant financing of the regional facilities is to develop a reimbursement agreement. On a case by case basis, the District may review the potential for crediting some proportionate amount of the connection charges against the construction costs of the regional facilities. The crediting of connection fees is discretionary and requires the approval of the Board of Directors. AGENDA ITEM N0. PAGE C r MINUTES OF LAKE ELSINORE PLANNING COMMISSION HELD ON THE 15TH DAY OF AUGUST 1990 THE MEETING WAS CALLED TO ORDER AT 7:01 P.M. PLEDGE OF ALLEGIANCE WAS LED BY Commissioner Gilenson. ROLL CALL PRESENT: Commissioners: Gilenson, Brinley, Saathoff, Wilsey and Brown ABSENT: Commissioners: None Also present were Community Development Director Gunderman, Associate Planner Naaseh, Assistant Planners Fairbanks and DeGange and Senior Civil Engineer O'Donnell. NOMINATIONS Community Development Director Gunderman opened nominations for Chairman. Commissioner Brown nominated Commissioner Saathoff, second by Commissioner Gilenson. Commissioner Brinley moved that nominations be closed, second by Commissioner Gilenson. Commissioner Saathoff was elected Chairman by unanimous vote. Chairman Saathoff opened nominations for Vice Chairman. Commissioner Brinley nominated Commissioner Gilenson, second by Commissioner Brown. Commissioner Wilsey moved that nominations be closed, second by Commissioner Brinley. Commissioner Gilenson was elected Vice Chairman by unanimous vote. Chairman Saathoff presented Commissioner Brown with a plaque in recognition of his serving as Planning Commission Chairman for the past two years. MINUTE ACTION Motion by Commissioner Wilsey to approve the minutes of August 1, 1990, second by Commissioner Gilenson with discussion. Commissioner Gilenson referred to page 10, item number 10, commenting on condition number 10, pertaining to the interior clear space for the garage being changed to nine -feet -six -inches by nineteen -feet -six -inches and this not reflected in the motion. Commissioner Wilsey amended his motion to include the correction on page 10, item number 10, second by Commissioner Gilenson. Approved 4-0 (Commissioner Brinley abstaining) PUBLIC COMMENTS There being no requests to speak, Chairman Saathoff closed the PUBLIC COMMENTS section. PUBLIC HEARINGS 1. Tentative Parcel Map 26326 & Industrial Project 90-5 - Elsinore Business Park Investors (Steven M. Brown) - Associate Planner Naaseh presented a request to subdivide 20.4 acres into 25 lots and Design Review for approximately 170,000 square feet of single tenant and 40,000 square feet of multiple tenant industrial buildings, located on the southwest corner of Central and Collier Avenues. Associate Planner Naaseh requested the following amendments to the Conditions of Approval for Tentative Parcel Map 26326: AGENDA ITEM N0, _3 1 FAGE—jy!�OF 3! Minutes of Planning Commission August 15, 1990 Page 2 TENTATIVE ARCEL MAP 26326 & INDUSTRIAL OJ CT 0-5 QONTINUED Condition No. 8: Class II bicycle lane to be provided along Central and Collier Avenues subject to right-of-way availability. Condition No. 21: The developer shall establish and record CC & R's prior to issuance of Certificate of Occupancy for the units. The CC & R's shall impose fees to maintain all landscaping, parking areas, private streets, private drainage facilities, and any other common amenities. CC & R's shall also provide reciprocal easements for parking, access, circulation, loading, landscaping maintenance and signage maintenance in favor of all lots, subject to the approval of the Community Development Director and the City Attorney. The CC & R's shall prohibit outside storage and shall furnish information on any environmental hazards or constraints to all future owners/lessees. Condition No. 24: Delete Condition No. 50: Ingress and egress to Collier Avenue will be limited to one (1) left turn in/out and one (1) right turn in/out, both subject to Cal -Trans and City Engineer approval. Condition No. 62: When an assessment district is formed for the infrastructure in this area fees required under Condition Nos. 49, 56, 61 will be refunded to the applicant provided these improvements are included in the district. Chairman Saathoff opened the public hearing at 7:12 p.m., asking if there was anyone present wishing to speak in favor of the proposal. Mr. Steve Brown, representing Elsinore Business Park Investors, gave a brief overview of the proposal, and stated they were in agreement with all of the Conditions of Approval, except condition number 35.b on Industrial Project 90-5, pertaining to the loading space for Building 5. There are two loading spaces adjacent to Building 5 and we feel that this will more than service that building. We would like the Commission to accept the layout, the way it is now, with the loading spaces the way they are. Chairman Saathoff asked if anyone else wished to speak in favor of the proposal. Receiving no response, Chairman Saathoff asked if anyone wished to speak in opposition. Receiving no response, Chairman Saathoff closed the public hearing at 7:16 p.m. Chairman Saathoff stated that he would prefer to see the Tentative Parcel Map handled and then the Industrial Project handled as a Design Review item. AGENDA ITEM NO. 3 PAGE I OF- - Minutes of Planning Commission August 15, 1990 Page 3 ENTATIVE PARCEL MAP 26326 & INDUSTRIAL EROJECT 90-5 CONTTNUED Commissioner Wilsey asked staff for the reasoning behind the private street for the project. Associate Planner Naaseh responded that the applicant proposed a private street. It was previously proposed as a public street and it required a 20 -foot setback from public right-of- way, so the applicant decided to change it to a private street to reduce the setback. Commissioner Wilsey stated that he has a problem with that --if that street were not a through street, it comes out on both sides and services the majority of that project. We are talking about an industrial project not residential or commercial, so we are talking about heavier truck traffic. I have a problem with going below the minimum requirements in a project like this, and a streetscape such as this. Commissioner Brinley stated that she is in agreement with Commissioner Wilsey and then commented on street improvements being left up to the developer to maintain. Community Development Director Gunderman stated that the street is built to normal street standards, whether public or private. If the situation rises where it is not being maintained or becomes a problem the City could take it over as a public street. However, I think in a situation of an industrial project, of this nature, that having the applicant responsible for maintenance of the street might be a little more desirable than the City. Because they would have the ability to control the use of the street, access to the street. Commissioner Gilenson commented on the private street and this being made a private drive because they do not have the 20 - foot setback. Approve the project with the 15 -foot setback they have now, let the street go to whatever condition it goes to and the City takes it over and they got by with a 15 -foot setback. Commissioner Brown stated that his concern is that this could become a methodology. What is the leverage --because that is what you need when you go to an enforcement issue. Especially, if they sell off the parcels to various owners. If they don't do it we have not collected revenue for that street in the plans as we do for other streets, correct? Community Development Director Gunderman responded in the affirmative. Commissioner Wilsey asked staff what would happen to the design and the rest of the project if we required full street setbacks --would we loose parking spaces that are required? Associate Planner Naaseh responded that this would require redesign of the project and it would reduce the square footage of the buildings. Commissioner Brown stated theoretically the parking would be reduced along with the reduction of the square footage of the building. Commissioner Brown commented on the private street and suggested a hook in the center --change the configuration of Buildings 19 and 20 with parking so it is in effect in the middle of the private street. AGENDA ITEM IVO. PAGE AP__DF Ir r Minutes of Planning Commission August 15, 1990 Page 4 TENTATIVE PARCEL XAP 25326 & INDUSTRIAL PROJECT 90-5 CONTINUED Commissioner Gilenson suggested eliminating the private drive off of Central. Chairman Saathoff commented on the 15 -foot setback; denying the project because of the private street or have the applicant request a variance on the 15 -foot setback. Community Development Director Gunderman suggested approving the project with a condition to redesign the street so that it becomes a private street or meet the setback requirements. Discussion ensued on the private street with regard to having one major entryway to the project off Pasadena rather than off of Pasadena and Central; maintenance of the street; setting a precedence if the 15 -foot setback is allowed, and enforcement. Commissioner Brown commented on condition number 62 pertaining to the assessment district and if it is designed and takes into consideration conditions 49, 56 and 61, and if this is to take care of off-site/on-site infrastructures; condition number 61, is that being taken into consideration, or is it for sewage district only to take care of facilities within the district; signage for the proposal, and maintenance of signage. Mr. Steve Brown stated the boundary of the proposed assessment district would go from Riverside Drive to Chaney, Temescal Water Channel to the freeway. Items 49, 56 and 61 would be included and the drainage fee listed in condition number 61 would be the master drainage fees for the whole area. Our project has no drainage problems in itself. The only signage that would be on the project would be a monument sign proposed at Central and the private drive and then there would be individual channel letter type signs on the buildings. Commissioner Wilsey commented on the amendment to condition number 8, pertaining to the Class II bicycle lane, and stated this should be a part of the Master Trail System. Discussion ensued on condition number 8, pertaining to the bicycle lane, and amending the condition by adding the following verbiage: "Class II bicycle lanes along Collier and Central shall be subject to the approval of Cal -Trans." Commissioner Brown suggested that the right-of-way on the private street be taken down to 30 feet and it be made a one- way street. This will provide required setbacks, extra parking and entry off of Central and exit off of Pasadena. Mr. Brown responded that this was a good solution. Chairman Saathoff asked Senior Civil Engineer O'Donnell if the engineering staff had any comments/concerns on this. Senior Civil Engineer O'Donnell stated that he does not foresee any problem. The only possible problem could be the curve, it may have to be knuckled. Discussion ensued on the proposed amendment to the private street with regard to traffic safety; no parking on the one- way street and posting of no parking signs; County Fire Department review/approval of the proposed one-way street. Motion by Commissioner Brinley to recommend to City Council adoption of Negative Declaration 90-20 and approval of Tentative Parcel Map 26326 based on the Findings and subject AGENDA ITEM ND. ✓ L, PAGE!IICF2J� Minutes of Planning Commission August 15, 1990 Page 5 ENTATIVE PARCEL MAP 26326 & INDUSTRIAL PROJECT 90--5 CONTINUED the 61 Conditions of Approval listed in -the Staff Report, second by Commissioner Wilsey. Commissioner Gilenson asked if the motion included the amendments to the Conditions of Approval as stated in the memorandum, and if it included the change made on the private street and bicycle lane. Commissioner Brinley amended her motion to include the following amendments: Condition No. 8: "Class II bicycle lane to be provided along Central and Collier Avenues subject to approval of Cal - Trans." Condition No. 21: "The developer shall establish and record CC & R's prior to issuance of Certificate of Occupancy for the units. The CC & R's shall impose fees to maintain all landscaping, parking areas, private streets, private drainage facilities, and any other common amenities. CC & R's shall also provide reciprocal easements for parking, access, circulation, loading, landscaping maintenance, signage usage and maintenance in favor of all lots, subject to the approval of the Community Development Director and the City Attorney. The CC & R's shall prohibit outside storage and shall furnish information on any environmental hazards or constraints to all future owners/lessees." Condition No. 24: Delete Condition No. 50: "Ingress and egress to Collier Avenue will be limited to one (1) left turn in/out and one (1) right turn in/out, both subject to Cal - Trans and City Engineer approval." Condition No. 62: "When an assessment district is formed for the infrastructure in this area fees required under Condition Nos. 49, 56, 61 will be refunded to the applicant provided these improvements are included in the district." Condition No. 63: "The private one-way street shall have a 30 -foot width, a 20 -foot landscape setback, and an entry off of Central and exit off of Pasadena, subject to the approval of the County Fire Department and City Engineer. "No Parking" signs shall be posted on the one-way street." Commissioner Wilsey amended his second to include the amendment to the motion. Approved 5-0 AGENDA ITEM N0. PAGE�_0F� r C Minutes of Planning Commission August 15, 1990 Page 6 ENTATIVE PARCEL MAP 263Z6 & INDUSTRIAL PROJECT 90-5 CONTINUED Chairman Saathoff asked for discussion on Industrial Project 90-5, and the applicant's request in regards to the loading space requirements. Associate Planner Naaseh stated that the Code has no provision for location of loading spaces, it is up to the Commission. Community Development Director Gunderman stated that he believes that the provision was provided for large single use buildings rather than multi -tenant buildings. Believes that the applicant has provided more than enough loading space area for those buildings. Commissioner Gilenson commented on condition number 19, 20 and 21, stating these conditions contradict each other, suggested that the first sentence of condition number 21 be deleted; suggested that condition number 31 be deleted as it is covered in condition number 32; suggested that condition number 35.b. be deleted, and require sewer connection. Discussion ensued on condition number 35.b.,loading space requirement. Community Development Director Gunderman recommended that this condition be amended to read: "Loading space shall be provided as shown on the approved plan." Commissioner Gilenson commented on the last sentence in condition number 46 being the same as condition number 49, and recommended that condition number 49 be deleted. Commissioner Wilsey commented on condition number 35, language stating that loading zones shall meet City standards, suggested that language referring to City standards be deleted. Commissioner Gilenson recommended deleting the first sentence of this condition. Commissioner Brown commented on sewer connection and applicant providing a will serve letter from Elsinore Valley Municipal Water District, reference condition number 68 and 69. Discussion ensued on sewer connection and a will serve letter, amending condition number 68, as follows: "Project will provide a will serve letter and connect to sewer." Motion by Commissioner Brinley to recommend to City Council adoption of Negative Declaration 90-20 and approval of Industrial Project 90-5 based on the Findings and subject to the 69 Conditions of Approval listed in the Staff Report with the following amendments: Condition No. 21: "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." Condition No. 31: Delete Condition No. 35: "This project shall be designed so that every unit is provided with at least one (1) 12' x 20' loading space as required by the City's Municipal Code." AGENDA ITEM I0. PAGE�Of Minutes of Planning Commission August 15, 1990 Page 7 INDUSTRIAL PRQJE-U 90-� 90NTINUED Condition No. 35b: "Loading spaces shall be provided as shown on the approved plan." Condition No. 49: Delete Condition No. 68: "Project will provide a will serve letter and connect to sewer." Second by Commissioner Gilenson. Approved 5-0 At this time, 8:13 p.m., the Planning Commission recessed. At this time, 8:21 p.m., the Planning Commission reconvened. BUSINESS ITEMS 1. Single -Family Residences - 16780 Lash and 16789 Hunt - Greg and Mark Futala - Assistant Planner DeGange presented a request for Minor Design Review of two single-family dwellings placed on adjacent lots. The proposed project at 16780 Lash is a 1,833 square foot structure with a 697 square foot garage placed on a 5,117 square foot lot approximately 375 feet east of the intersection of Morberg and Lash Street. The project at 16789 Hunt has 1,805 square feet of living space, a 460 square foot garage and is placed on a 5,144 square foot lot approximately 198 feet east of the intersection of Hague Street and Hunt Street. Chairman Saathoff asked if representing the applicant and Receiving no response, Chairman at the table. there was anyone present if there were any concerns. Saathoff asked for discussion Commissioner Gilenson commented on condition number 23 for Lash Street and condition number 22 for Hunt Street, with regard to foundation plantings, asked whether or not we could require something of a permanent nature--plant-ons or windows. Commissioner Wilsey commented on condition number 13, with regard to existing trees being retained; condition number 29, pertaining to will -serve letter for water and sewer arrange- ments. Commissioner Brown commented on whether or not the City has a tree preservation guideline established; infill -activity --in the County Club Heights area there is no sewer, can we require or work out an arrangement with Elsinore Valley Municipal Water District that with the approval of these projects that the property will always be subject to and included within a benefit assessment district, if the district should ever take the lead in an attempt to form one. Discussion at the table ensued on Commissioner Brown's inquiry, and whether or not this would run with the land if the property should change ownership; obtaining the City Attorney's opinion on whether or not we can get a proxy to automatically include property in any future sewer assessment district. Chairman Saathoff asked how many trees are in front of the property, condition number 13. Assistant Planner DeGange responded that on Lash Street there are 2 mature Palm Trees, and on Hunt there are 3 or 4 large Eucalyptus Trees. Discussion at the table ensued on the condition of the existing trees; giving the applicant the opportunity to AGENDA t'ELI DJD. PACE �O OF: 5-1 CITY OF LAKE ELSINORE MEMORANDUM I TO: PLANNING COMMISSION FROM: SAIED NAASEH, ASSOCIATEPLANNER DATE: AUGUST 15, 1990 SUBJECT: TENTATIVE PARCEL MAP 26326 AND COMMERCIAL PROJECT 90-5 - BROOKSTONE DEVELOPMENT The following conditions have been amended for clarification. i ENTATTVE PARCEL MAP 26326 Condition No. 8 - Class II bicycle lane to be provided along Central and Collier Avenues subject to right- of-way availability. Condition No. 21 - The developer shall establish and record CC&R's prior to issuance of Certificate of Occupancy for the units. The CC&R's shall impose fees oto maintain all landscaping, parking areas, private streets, private drainage facilities, and any other common amenities. CC&R's shall also provide reciprocal easements for parking, access, circulation, loading, landscaping maintenance and signage maintenance in favor of all lots, subject to the approval of the Community Development Director and the City Attorney. The CC&R's shall prohibit outside storage and shall furnish any environmental hazards or constraints to all future owners/lessees. Condition No. 24{- Delete. Condition No. 50 - Ingress and egress to Collier Avenue will be limited to one (1) left turn in/out and' one (1) right turn in/out, both subject to Cal - Trans and City Engineer approval. Condition No. 62 - When an assessment district is formed for the infrastructure in this area fees required under Condition Nos. 49, 56, 61 will be refunded to 'the applicant provided these improvements are included in the district. /cm AGENDA 7EMTN0-_PAGOF ._ PLANNING DIVISION REPORT TO PLANNING COMMISSION Public Hearing TPM 26326 I 90-5 August 15, 1990 PREPARED BY: PPRDVED BY:L-a - a ed Naas eh DavivXunderman Associate Planner comy. Dev. Dir. OWNER Elsinore Business Park Investors P.O. Box 939 Lake Elsinore, CA. 92330 RE UESTED USE APPLICANT Steven M. Brown Brookstone Development, Inc. P.O. Box 939 Lake Elsinore, CA. 92330 The applicant is requesting an approval for a 25 lot industrial subdivision with reciprocal access and maintenance agreements and Design Review approval for approximately 210,000 square feet of industrial buildings. SIZE AND LOCATION The twenty (20) acre parcel is located on the southwest corner of Central and Collier Avenues. APN: 377-120-007 and 377-120-008 ENVIRONMENTAL SETTING EXISTING LAND USE ZONING GENERAL PLAN Project Site - Vacant M-1 Limited Industrial & Floodway Fringe North - Vacant C -P & General Commercial M-2 East - Business Park C -M & Limited Industrial & and Vacant M-2 Commercial Manufacturing South - Vacant M-1 Floodway Fringe West - Manufacturing M-1 Limited Industrial Building PROJECT DESCRIPTION Tentative Parcel Map 26326 The proposed project will result in twenty-five (25) industria_ parcels. These parcels will range from 17,500 square feet to 2.51 acres. Two drive -ways provide access from Central Avenue and one driveway provides access from Pasadena Street. Additionally, an "L" shaped private street connects two access points on Central Avenue and Pasadena Street. AGENDA ITEM N0. PAGE!�OF� Public Hearing TPM 26326 190-5 August 15, 1990 Page 2 Industrial Pro ect 90-5 The proposed project will result in twenty-four (24) buildings that include approximately 170,000 square feet of single tenant and approximately 40,000 square feet of multi -tenant industrial uses. The proposed buildings will be single -story and of concrete tilt -up construction. Blue and green sheet metal accents will be used above the large bronze colored windows to contrast the gray colored exterior wall panels and columns. ANALYSIS Tentative Parcel Map 26326 and Industrial 90-5 Lot sizes Parcels 16 through 22 do not meet the minimum 20,000 square foot lot size requirement for newly created lots in the M-1 Zoning District. However, a provision in Section 17.56.050 of the Zoning Ordinance allows smaller lot sizes if the project is an Industrial Condominium or a Planned Unit Development with reciprocal access and parking agreements. Smaller lot sizes are only allowed if the individual lots meet all the standards of the Zoning Ordinance, with the exception of street frontage width. This project has been conditioned for reciprocal parking, access and maintenance. Therefore, the minimum lot size requirement is met if all standards in the Zoning Ordinance are complied with. Zoning Ordinance Compliance Site plan review has proved that this project meets all minimum requirements for setbacks, building height, landscaping and parking. It should be noted that Section 17.66.040(4) of the Zoning Ordinance does not allow compact parking spaces for industrial developments that have less than twenty (20) parking spaces. Staff has determined that this Section does not apply to parcels 16 through 22 which offer only fourteen (14) parking spaces and provide three (3) compact spaces. The referenced Code Section only applies for individual developments and not to Planned Developments with shared parking spaces. Special Pralect Concerns Loading spaces Buildings 22, 23 and 24 do not have designated loading spaces and are conditioned to have one type "A" loading space each. Building 5 is divided into five (5) individual units and is required to provide one (1) loading space per unit (L.E.M.C. 17.66.050.A.1). However, the site plan shows only two (2) spaces abutting the building and the other three (3) by Building 7. The project has been conditioned to provide the required loading spaces within a reasonable distance of Building 5. E21TVIRONMENTAL The project has been reviewed pursuant to California Environmental Quality Act (CEQA) and it has been found not to have a potential significant impact on the environment. Therefore, Negative Declaration 90-20 has been prepared. QAGF �- OF_�L_ r RECOMMENDATICN r Public Hearing TPM 26326 I 90-5 August 15, 1990 Page 3 Staff recommends that the Planning Commission recommend to the City Council adoption of Negative Declaration 90-20 and approval of Tentative Parcel Map 26326 and Industrial Project 90-5 . FINDINGS For Private Streets 1. There are adequate provisions for their construction and continued maintenance. 2. Welfare of the occupants of the development will be adequately served. 3. The public welfare will not be impaired. Tentative Parcel M,� 26326 1. The project meets the Goals and Objectives of the General Plan and the M-1 Zoning Standards. 2. The project, as conditioned, complies with the City's Subdivision Standards. 3. The proposal, as conditioned, will be compatible with existing and proposed development in the area; therefore, it will not create any adverse effect on abutting properties. 4. The project, as conditioned, will not have a significant impact on the environment. Industrial Project 90-5 1. The project, as approved, will comply with the Goals and Objectives of the General Plan and the M-1 Zoning District. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. 3. Conditions and safeguards pursuant to Section 17.82.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to insure development of the property in accordance with the objectives of Chapter 17.82 and the M-1 District. 4. The project, as conditioned, will not have a significant impact on the environment. 5. The site is suitable for this type of development. AGENDA ITEM N4. 3 PAGE-OP?.W5 +� l OFFICE USE ONLY Negative Declaration No. 90-20 Project: I 90-5, TPM 26326 CITY OF LAKE ELSINORE ENVIRONMENJ ASSESSMENT FORM 1. Developer or Project: Contact Person: Steven M. Brown, Brook Address: P.O. Box 939 City: Lake Elsinore. CA _ Telephone Number: (714 )674-7823 : 92330 nt Inc. 2. Environmental Information Prepared by:The Keith Cos ._Butterfield Address: 565 t.- Ste, F City:Ls Elsinore. CA Zip: 92330 Telephone Number: (714 )674-1481 3. Proposed Project Title: Elsinore Business Park Location: Central Avenue at Collier Avenue Total site acreage: Gross: Net: 18.13 Acres For Residential Project: Number of units: Dwelling units per acre: Unit sizes (square feet): 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. . - - 0;1 - PAGE OF-ar - - GENERAL EXISTING LAND USE ZONING PLAN Project site VACANT M-1 14B & 10 Surrounding North VACANT -P & M-2 7 Surrounding East BUSINESS PARK AND VACANT -M & M-1 V 10 Surrounding South VACANT -1 14B Surrounding West 1 MANUFACTURING BUILDING -1 8 10 & . - - 0;1 - PAGE OF-ar - - I I I I f I 11 I I 7 O .y w •C. 0. O 1 w M w C M N !. . M �++ O• N S ✓CUM •c✓ 0.x a0✓ O O i+■ew4'■■ M ■ON ✓✓ a �• O I. 4 .. U M C Y ■ M .4 N p6p >. 14 .4 r •� • O 14 .1 r a M ■ O• p ..wC A•C a•Cr M +•O CAr AOM 7M✓✓ ■.1 w C 0. a S S M 96 ■ O .1 ■ M .. • R ■ •4 • .. A■ O li C w A ■ ..rh 7M.i ! •• X OI •M■ C C • M• X4 r +1 r +1 YGr sa i Y■MY CcO0. 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O.Hi• On 00 aww O u r> MM aA00C�•GT 6-44.x A O• 00+0. O.~.w OYA a0 A°, �•• d° +C4 0 gL OC 000 C7M1 Cuah a8a .a%4c j0•,Aa 04141. •l w .4 a0p14 4 C a ...4a 41 a .4■ r a 41N°pr ■.4 • MNO u a r C■ ■ O a 97 moo Aj X OC u mUE. 7aaaL PC7 .0 MMr C-44 Ch a0a1�ia9aAC r: °ai ei✓ i0a ■p.tr4a TVM 111 A cC✓ r7.lY ..Ow a u a ZLr UO.. ,,CCMc■ Fi07.. Ce.4 <a a ANt•.OMU4 V rU0aa014 lat 0C c A AGENDA ITEM Z& jrPACE '` • g N� -d XI )d I � III I �d -d �d I I I 1 1-,-4 1 1 1 1 1 1 1 1 1 1 1 1 3 III I I I ! I Xl 4 >1 I I I! 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I -uQrO -+ O al •i O G b ViC a � H 0 .i YH N M> i ■ v 1)/Ca HL 1 0 u100 U A S>. Cwr N• r• •a Hu Y tT a Y a N U H r -4 a. O� 6 0. H ■UGU c �.� Laid -�+ .yL ayt� ■M�OdiO. C '+ • 00 H A -a■C p■ O -/w OH 14 61 AC 0V a v a T•• va O-1 V-0 t O> i.4 �p AJ n4 ■ a~ H • C O ■a C a■vv:LH ."i -° i00. -/1 O av ud \r uH .4H rws/a a.1 CAO -+A►.0 i 000 Uu J., c7 .•+a a C > .1 r Ca- • ■ ••VO Z a 0. .ICc CO a.1 C-// aV COLO c./ -/0■ >> +11 a +f ah V O Ca Ma•VC UA .+-la O1 Oa 0m -+ O a • 601 04 w H M1 VV • r u. N w uY•0 O N • C 1 H■ •> --+ •+ O• U -1 u C 1 -/c O V C .1-/a -/ V 0 Tra -/ O 41 14 +/ C vo +1 tali Y S CCr +1 V • V U aa-� Y ■ H Y a>. F CU q0H mC a-+ • ■a [s■-/ ./Ca xae•.1 aM1 C Nq ••+v O0. a+l Mao a+la a0>N a +a qv.r .rOUYo 4 ■ c a1 C 7 a s• H Y H V .1 ;-.* O• c 0 K al N V h U w C V V ■ rra+ H• 0 0 •V It\ H a ►1 •C•+ • H U NaA ti ti .. c cu.rq •� HO Y O .•1 HU• +/ r ac•.�c -0 aL Vr. •aM1 a •- • 0qu eC .H.N A>.r MO OO41 41 Ou0 -D 0 C a • ■ r. OC >• )1a .V1 G .al� O N C■ -U � UO a0. O r1 O H 16 aa. •L■cUu 5 m as 14-1.4 Y• a.aOMa .cAu "AA 7 a x 0. 7 a c V a Y• q r C.1 u D Y O O~+ ai O w O N w 5.Q 0. e V 0/ Lai x a u L --1 N T ■ A u �' •' N A a o .1 fV A AGENDA ITEM N0. r•1 �/ N r-1 f PA",r-•;070F Supplement to the Environmental Assessment Form Commercial Project 90-9 5. Environmental Setting The subject property proposed for development is surrounded by properties which have been developed, are currently under development or are site -ready for development. The subject parcel was created as a pad site during the development of K - Mart. The site has been graded and there are no significant plants and animal species 'on the site and no cultural, historical or scenic aspects'to it. 7. Environmental Impacts l.b. The proposed project will result in the compaction and displacement of soil, however, the subsequent overcrowding of soil is not expected to be a significant impact. 3.b. Due to the covering of the site with buildings and paved areas, the absorption/percolation ability of the site will be reduced, thereby localizing and intensifying run-off. The run-off and intercepted natural drainage will be controlled and directed by a series of on-site swales. All drainage will be subject to engineered plans reviewed and approved by the City Engineer. This impact is not anticipated to be significant based upon these mitigations incorporated into project design and Conditions of Approval. 6.a. & 7. The project will result in increases to local noise levels and introduce new sources of light and glare in the area. These impacts are not expected to be significant based upon anticipated compliance with City Noise Ordinance and the use of shielded lighting fixtures and project landscaping. 13. The proposed development has potential to add up to 1,200 trips per day to the abutting local street system. The capacity of the major streets serving the project site should be adequate to accommodate the anticipated traffic volume resulting from the development. Sufficient off-street on-site parking consistent with zoning development standards will be provided to service the site conditions. Conditions will be included to aide in mitigation of impacts such as lighting and landscape maintenance district membership. /cm c90-9.eaf AGENDA ITEM Ig. � 2 Cr �l r' . Vol FOR OFFICE USE ONLY ES 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 goals? . . . — 2 c. Does the project have impacts which are individually limited, but cumulatively considerable? All of the above must be answered "no" for a negative declaration to be issued. II. DETERMINATION: The proposed project should not have a significant effect on the environment and a Negative Declaration will be prepared. Although the proposed project could have a signifi- cant effect on the environment, it will not in this case because of the attached mitigation measures. A Negative Declaration will be prepared. The proposed project may have a significant effect on the environment. An EIR is required. III. REVIEWED BY; PLANNING DII TE: / Ir AGENDA ITEM N_0. 31 PAGE 2� OF 3I ♦ _ F %":Z Z O r�Q9 9 �P T Ra+rti a,�d N � s+• a � a C, irn O i0 r T r T m =r O ip m 2a N r n� m CD 0 CD m rr �Drt z� M m y�L�C.rnHF Sr x N�+aau fi rel ~n 100 AVOCADO x r t LANA FORE n ! ~ 1 4� LO ST w TANGERINE N q r 1 '*Ffr O EST ; 9 PALM VIEW AV S D 4 til � • d� be / 6 CA 44, 7IPA a PC > �. rn aC o 's m N 'D r F h - Z Q 9 �NH;B ym � � 11ry �♦CF � K zzs ON -_- ._---____---- RD OF ST LLAV qN AV 0 RD e r 1 1 I r I ! ! r i r L- I wAs 1 1 1 -------.------------------------------------J AGENDA ITEM N0. -3L- PAGE 1 I 1 I I � n TII � s D� + f� pppQ.01MAT 1 T r) = W N M (D L �f N O Z w 0. z Q W Y i= Jt w ' U-1 U . I =k i I W > 2 Q Z W N i r 7. ll.i � o 5_... �(y r —�•� --- - may- 3f•---•--'��=r� i f 1PflI w'+u YABOYSW � 9a r Ea ? is Fj °5 ae �EaRs E i�a Q i t 9 3 e . e � G 1 1 AGENDA ITEM NO.4OF PAGE :!I IIr: y I •i • � r k' k . AGENDA ITEM NO.4OF PAGE :!I CITY OF LAKE ELSINORE MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL FROM: RON MOLENDYK, CITY MANAGER DATE: SEPTEMBER 11, 1990 SUBJECT: APPEAL OF PLANNING COMMISSION CONDITIONS OF APPROVAL 13, 15, 17, 23, 25, 26, 29, 39, 42, AND 43 FOR RESIDENTIAL PROJECT 90-10. On August 28, 1990 the City Council continued an appeal of ten (10) Conditions of Approval for Residential Project 90-10 approved by Planning Commission on July 18, 1990. The appellant, Mr. George Alongi, was instructed to provide each member of the Council the project's site plan and submit in writing a specific description of what aspects of each condition are being appealed. DISCUSSION Staff maintains its position of recommending to City Council all conditions being appealed be upheld with the exception of Conditions 26 and 42. Condition No. 26: Condition 26 states that trash enclosures are to be constructed to City Standards. The applicant has argued that this project which consists of eight (8) units is three separate projects located on three separate parcels. This is in part accurate because even though the two (2) triplex structures are integrated with a common driveway and drive aisle the duplex is not integrated with the other two structures and is located on its own individual parcel. The Municipal Code Section 17.14.120 requires that all projects of eight (8) units or more provide a trash enclosure per City Standards. Being that only the two triplexes (six (6) units) are integrated this project does not require a trash enclosure to be built at City Standards. The applicant however, has stated that he intends to build a trash enclosure for the eight (8) units and that his objection is only that it have to be built to City Standards. Staff would recommend that the condition be altered to allow the applicant to construct a trash enclosure to his own specifications. Condition No. 42: Condition No. 42 requests all new projects to contribute to the City's Master Entryway Sign Program. The applicant does not however, feel compelled to do so and as a result of this condition being discretionary and not obligatory it is not necessary for him to contribute to this program. In the future the funding for this program will be incorporated into the Thoroughfare Fee Program. RECOMMENDATION It is recommended that City Council uphold all conditions being appealed with the exception of Conditions Number 26 and 42 for the above mentioned reasons. AGENDA ITEM NO. OF CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL Policy No. 100-9 SUBJECT: Appeal of Planning Effective Date 12/8/87 Commission Decisions Page No. 1 of 2 BACKGROUND: The Planning Commission of the City of Lake Elsinore is largely responsible for the type of development within the community, working with the professional planning staff and as an advisory board to the City Council in matters relative to planning and land use. The Commission evaluates proposals to assure they conform to the community's goals and general plan with regard to zoning, subdivisions, environmental protection and other related matters. PURPOSE: The purpose of this policy is to provide a standardized procedure for consideration of appeals from decisions of the Planning Commission. POLICY 1. Within ten (10) days of a decision of the Planning Commission, an applicant may appeal that decision to the City Council by filing an "APPEAL OF PLANNING COMMISSION ACTION" form with the City Clerk (Sample form attached), and submitting a Two -Hundred -Dollar ($200) filing fee. Appeal forms are available in the Community Development Department and the office of the City Clerk. 2. Immediately upon request of the Appeal, the City Clerk shall forward a copy to the Community Development Director and shall cause the matter to be scheduled for hearing by the City Council, within sixty days of receipt of the Appeal, by placing the matter on an upcoming Council Agenda. 3. The Community Development Director will prepare a report and supply all background information regarding the Appeal matter, for the appropriate Council Agenda. He will also be responsible for notifying the appellant of the date the matter is scheduled for review by the City Counci AGENDA ITEM NO. PAGE__2, OF Policy No. 100-9 SUBJECT: Appeal of Planning Effective Date 12/8/87 Commission Decisions Page No. 2 of 2 POLICY - Continued. 4. The appellant may submit, in writing, his statement of facts and any other relevant information he may desire to bring before the Council, to the City Clerk, no later than one week prior to the hearing date, for inclusion in the Council Agenda. 5. The appellant may appear in person and present his case to the Council at the time of the hearing. The Community Development Director will present the Department findings, make recommendations and answer any questions Council may have. 6. After presentations have been made and information reviewed, the City Council shall, on motion, render a decision on the Appeal. The decision of the City Council shall be the final administrative remedy. 7. Within ten (10) days after the Council hearing, the City Clerk shall notify the appellant, in writing, of the decision of the City Council. 8. If an applicant does not utilize the aforementioned Appeal process within the specified time period, the original decision of the Planning Commission shall be final. Adopted by Resolution No. 87-73. AGENDA }TEM N0. PAGE __DF September 4, 1990 CITY COUNCIL OF THE CITY OF LAKE ELSINORE Honorable Councilmembers: This letter is written as part of an appeal of Planning Commission Conditions of Approval for Residential Project 90-10. What follows is a response to each condition under appeal. CONDITION # RESPONSE 13. This condition should be waived because there is no City right of way in which to plant street trees. The right of way consists of the concrete curb and the sidewalk. Our property line occurs at the back of the sidewalk. All landscaping shown occurs within our property lines and it is our prerogative which trees we will plant on our residential project. Should this condition be enforced, there will actually be less trees than proposed on our landscape plan. 15. We respectfully request to remove this condition from the appeal. We shall comply with this condition. 17. We request not so much an apoeal as a clarification of the wording of this condition. The "park: -in -lieu fee" wording may be miscounstrued to mean automobile parking which we are sure does not apply to our project. We request that the wording be changed to read "recreational park: -in -lieu fee" which we would agree to pay. These conditions wouldseem to be redundant, a duplication of time and effort. Obviously, the engineering department and building departments will route the construction drawings through the planning deoartment for their +i.nal approval. If the conditions are not met i permit wi l 1 nor be Issued. If they are met then they have certainly been "ack:nowl adged" . Please wai ,.e either condition AGENDA ITEM 0. _ 53% PAGE {. OF CONDITION # RESPONSE ..20. /CC. 20 or 22 or both. 23, We request waiver of this condition because the City of Lake Elsinore has no formal Landscape design guidelines neither inside nor outside of the right of way. This means that the landscape requirements are purely subjective. Given this background, our landscape drawings are as good as or better than the landscape consultants' recommendations. te a. We take strong exception to the requirement of bonds for landscaping work done on private property and request that this condition be waived. The bonds are a redundant means of ensuring that the landscape work is installed. The City inspector can and will withold the Certificate of Occupancy until the landscaping is completed. In our opinion, the bonds will discourage landscaping by reducing the quantity and quality of the landscaping because the dollars normally spent for landscaping would go to secure bonds instead. If this worth: were in the right of way, it would be a different matter. In the area of our project the lighting and landscape assessment should cover maintenance of landscaping in the right of way. The material and labor bond could even be justified for a large commercial project with an absentee owner, however some latitude must be given to the local owner to take some pride and responsibility for maintaining his landscape. ��. We request that this condition be waived because it is simply too broad and general a condition to make. Certainly a tenant should be allowed to store a barbeque on his patio. The enclosure which is required to define private open space for each unit is meant to screen tenant's outdoor storage. If there are other concerns regarding outdoor storage then they should be addressed specifically. Zb. This condition should be waived because it is a misinterpretation of Section 17.14.12oA of the City's Zoning Ordinance. The Ordinance clearly indicates that trash enclosures .ire rf?quired for multi -family projects of eight or more dwelling units. Our project consists of three buildings an three separate lots: two 9 _ ,� * AGENDA ITEM NO. PAGE _ OF C CONDITION # RESPONSE triplexes and one duplex. No one lot has more than three units on it so Section 17.14.120A does not apply. 8. We have entered into an agreement, for a value of consideration, to turn over all water rights to all lots involved to the Elisnore Valley Municipal Water District and the Elsinore Water District. Please waive this condition. 319. We request that this condition be waived because the Riverside County Fire Department will not respond regarding this project since there are not enough units involved per lot. 422. We take extreme exception to this condition because the City of Lake Elsinore has no ordinance nor resolution in place to collect such funds. There is an assessment district which should be funding signs of the type described in the condition. 4 We request that this condition be waived for several reasons. As a point of clarification, we would exclude from this discussion any work done on the corner of Langstaff and Pottery because it is private property until it is deeded to the City. As to the off-site improvements the Bonds conditioned are simply not necessary as a means to insure the completion of the work. The work in the right of way is for a residential project and the City inspectors can and will withhold the Certificate of Occupancy until the off-site work: is completed. The bonds simply drive up the cost of construction and are redundant in as a means of completing the work. The certificate of completion is the correct means to insure completion of off-site improvements. AGENDA ITEM No.— FACE `f OF In summary, the Planning Commission, City Council and Building Department should be concerned for the health and safety of the public, first and foremost, and should be responsible to keep the cost of building housing from escalating beyond the public's ability to acquire it. Many of the conditions of approval that we have appealed have a financial impact on our project because they are redundant, unnecessary, or because they have been misapplied to our project. Respectfully Submitted,,,-' GeQ�, orml4gl A & f� INVESTMENTS P.O. Pox 901 Lake Elinore, CA 92330 AGENDA ITEM NO. pAGE-,_OF PAGE TWENTY-THREE - CITY COUNCIL MINUTES - AUGUST 28, 1990 A PERIOD OF ONE YEAR BASED ON THE FOLLOWING FINDING'S: 1. The project will not result in envir ental impacts. The project meets the design revi requirements of 'll the Municipal Code. 53. Time Exten ion Request for Tentative reel Maty 23381 = Camelot Prorerties. Community Dave opment Director Gu derman detailed previous concerns with t e site and the provements which have been completed to dat including d ris clean-up and replaced landscaping. Addi ional lan caping work will be continuing. He recommended cont' uance September 25. Councilman Starkey ini d whether additional landscaping work would be done on t slopes. Community Development, Director Gunderman co i ed that additional landscaping would be done with c plet'on the end of September. Councilman Starkey phasiz the need for additional work. CouncilmanBuck estioned the `t Road and sugges ed that it not b improvements ❑ cur, those improv away. Commun' y Development Dire would cone that information to report bac on the timing. tune improvement of Malaga postponed until the Casino m is need to begin right t❑ Gunderman advised that he the eveloper and provide a City ager Molendyk advised that this i�,the last time staff will bMa recommending an extension. Qcilman Dominguez recommended that in the ture projects nd alone and are not tied to each other. Mov BY BUC$, SECONDED BY DOMINGUEZ AND CARRIED BY UN IMOUS VOTE 1:0 REAFFIRli NEGATIVE DECLARATION NO. 90-38 AND CONTINUE TKIS EXTENSION TO SEPTEMBER 25, 1990. 54. Aloneal of Planning Commission Conditions of Approval Numbers 13, 1_�- 17, 23 25, 26, 29, 39, 42 and 43 for Residential Prod act go -lo ! George A3. on Community Development Director Gunderman detailed the above mentioned conditions and explained the purpose of each condition. Councilman Buck expressed concern with the requirement for a trash enclosure as one is not required by law, but the applicant has planned to build one. He also advised that the applicant has approached the fire department but not received a response with regard to the project. Staff clarified that as long has he has given the Fire Department the opportunity to respond, he has complied with the,Condition. Councilman Buck questioned the need for the bonding in condition #43 and why it would not be adequate to condition the applicant to build the improvements. Mayor Washburn emphasized that these are standard conditions of approval required of all developers. Councilman Buck questioned the viability of these conditions. AGENDA ITEM 0. PAGE OI' r r PAGE TWENTY-FOUR - CITY COUNCIL MINUTES - AUGUST 28, 1990 Councilman Dominguez inquired about the City Entry Sign Program and whether these fees are required by Ordinance. Public Services Director Kirchner advised that this is not required by Ordinance, but by previous Council direction. He explained the method of imposing the fee. Extensive Council discussion of conditions and existing policy ensued. Mayor Washburn suggested that since this project was not originally heard by the City Council, this item be continued for two weeks to allow them to review it. MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM FOR TWO WEEKS - BUSINESS ITEMS 5 Separation of Inland Empire Division =Leacrue of Cities. C uncilman Winkler detailed the background of this item and ad 'sed that the Mayor's and Councilmembers Confe ence Dinner Mee 'ng in Perris on September 12. He advised at the City of Co ona has proceeded to initiate this item the State level the League for possible considerate❑ at the Annual Confers a in October, 1990. After Coun ilanklin discussion the City Counci concurred to support Councilman of Corona's positio for separation of the Riverside Coty Cities from the Inlan Empire Division. MOVED BY WINKLER, CONDED BY DOMINGUEZ D CARRIED BY UNANIMOUS VOTE TO SUPPORT CO ILMAN FRANKLIN'OSITION AT THE SEPTEMBER 12TH MEETING. 56. Annointment of Committee Members. Mayor Washburn details the ork of this committee and advised that 14 applications ha b en received and reviewed, and recommendations received rom D.B.A. He recommended appointment of Sonja Matx be and Ray Grage. MOVED BY BUCK, SECONDED B WINKUR AND CARRIED BY UNANIMOUS VOTE TO APPOINT SONJA MATTHIE AND RA GRAGE TO THE DOWNTOWN DESIGN REVIEW COMMITTEE. 57. Second Reading - rdinance No. 0. Relating to Zo Change 90-11 - Th XClurman Company. MOVED BY WASHBURN, SECONDED BY DOMINGUEZDOPT ORDINANCE NO. 900: ORDINANCE NO. 900 AN ORDINPACE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONIN 50 ACRES LOCATED SUCH THAT IT IS S OUNDED ON THREE SIDES THE RAMSGATE SPECIFIC PLAN AND THE WESTERN BOUNDARY IS AL- G THE SOUTHERLY EXTENSION OF TRELLIS SOUTH OF HIG AY 74 FROM RURAL RESIDENTIAL TO SPECIFIC PLhX,. (THE CLUT*IMAN COMPANY ZONE CHANGE 90-11). UPON ,SHE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINK;,ER, IWASHBURN X10 -S: COUNCILMEMBERS: NONE AGENDA ITEM N0. PAGE 01 OF C r REPORT TO THE CITY COUNCIL DATE: PUGUST 283 1990 SUBJECT: A22eal of Plannina Commission Conditions of Approval Numbers 13, 15, 17, 23, 25, 26, 29._3.9,_42. and 43 for Residential Pro'ect 90-10: Gear a Aloncri. PREPARED BY: _<:�2/_ D c ie _ Sohn DeGange Assistant Planner APPROVED BY: APPROVED BY: Ron Molendyk City Manager Dave Gunderman Dave Gunderman Comm. Dev. Dir. On July 18, 1990, the Planning Commission approved Residential Project 90-10 subject to 43 Conditions of Approval by a 5-0 vote. DISCUSSION The applicant, George Alongi, is requesting the deletion or alteration of the following Conditions of Approval for Residential Project 90-10: Condition No. 13 - Applicant shall plant street trees, selected from the City Street tree list, a maximum of thirty (30) feet apart and at least fifteen (15) gallon in size to meet the approval of the Community Development Director or his designee. For all projects where the frontage is along the public right-of-way the applicant is required to plant a street tree at least every thirty (30) feet. This is a standard condition which is designed to create an aesthetically pleasing streetscape for all City streets. Condition No. 15 - A six-foot (61) high wood fence or masonry wall shall be constructed along the side and rear property lines and shall conform to Section 17.14.80 (Fences and Walls), subject to the approval of the Community Development Director or his designee. This is a standard condition for all residential projects. Its intent is to provide a standard level of privacy and aesthetics in the residential areas of the City. Condition No. 17 - Prior to issuance of building permits, applicant shall pay park -in -lieu fee in effect at time of building permit issuance. ACENDA ITEMN0. ! PACE t Q a1F rd - Page 2 August 28, 1990 Subject: Appeal of Planning Commission Conditions of Approval for Residential Project 90-10; George Alongi All projects too small to make park dedications must pay a fee so that smaller projects can collectively make provisions for park space. At the July 18, 1990 Planning Commission meeting the applicant misinterpreted this condition to mean that the applicant must pay a fee to provide parking for projects unable to make such provisions. Condition No. 23 - A revised landscape plan shall be resubmitted to the City's Landscape Consultant for review and final approval shall be by the Community Development Director based on the recommendations of the landscape consultant. If deemed necessary, landscape plans shall go before Planning Commission for final approval. a) 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. This condition was taken from comments supplied by the City's Landscape Consultant. In summary, the comments stated that the landscape plans submitted by the applicant were inadequate. Part (a) of this condition is a standard condition which is designed to ensure that the proposed landscape improvements are completed in the event the applicant is unable to complete them. Condition No. 25 - No outdoor storage shall be allowed for any tenant. This is a standard condition designed to prohibit the applicant from constructing the project such that outdoor storage is provided or encouraged. Outdoor storage is considered aesthetically unappealing. Condition No. 26 - Trash enclosures shall be constructed per City standards as approved by the Community Development Director. a) Treatment over the front exterior door, to the downstairs units, for protection from the elements shall be provided and subject to the approval of the Community Development Director. Standards for trash enclosure design, location and construction are necessary to provide adequate access for Rodriguez Disposal and to ensure that a certain level aesthetics is maintained. Condition No. 29 - Dedicate additional right-of-way for standard corner cutback for the future curb return at the northwesterly corner of Lot 20. Right-of-way dedication is essential to AGENDA ITEM N. 01- PACEMOF C Page 3 August 28, 1990 Subject: Appeal of Planning Commission Conditions of Approval for Residential Project 90-10; George Alongi fulfill the goals established in the circulation portion of the General Plan. Condition No. 39 - Provide fire protection facilities as required in writing by Riverside County Fire Department. This is a standard condition established by the Riverside County Fire Department to ensure that areas of new development are adequately serviced. Condition No. 42 - Contribute $41.00 towards the City's Master Entryway Sign Program. All new projects in the City are required to contribute a proportional amount to the Master Entryway Sign Program. Condition No. 43 - Post required Labor and Material Bond and Performance Bond for Public Work Improvements off-site. The use of bonds on Public Works Improvements is a standard condition. The intent of this condition is to ensure that improvements to the right-of-way are completed in the event the applicant for whatever reason fails to complete them. RECOMMENDATION It is recommended that the City Council uphold the decision of the Planning Commission. AGENDA ITEM NO. PACE CONDITIONS OF APPROVAL FOR RESIDENTIAL PROJECT 90-10 Pianning Division 1. Design Review approval will lapse and be void unless building permits are issued within one (1) year. 2. Applicant shall meet all conditions of approval prior to the issuance of a Certificate of Occupancy and release of utilities. 3. Structures shall be placed on-site as depicted on plot plan and/or as modified by the Community Development Director or his designee. 4. Building elevations shall be constructed as depicted on plans or as modified by the Community Development Director or his designee. 5. Meet all setback requirements. 6. Applicant is to meet all applicable City Codes and Ordinances. 7. Applicant is to meet all applicable County Fire Department requirements for fire protection. 8. Applicant shall use roofing materials with a Class "A" fire rating. Roofing material shall consist of random tab three dimensional asphaltic shingles. Roof treatment to be continued over the three garage doors. 9. The project shall connect to sewer if a sewer line is within 200 feet of the project boundary unless it is demonstrated to the satisfaction of the Chief Building Official that this is infeasible. If the project does not connect to sewer, applicant shall comply with the following: a) Prior to issuance of building permits, the applicant shall submit a soils report which includes a sewage disposal plan referenced to the grading plan and approved by the Riverside County Health Department. b) Prior to release for occupancy, the developer shall record a notice entitled "Septic System Disclosure and Restrictions" specifying that the property is served by a septic system and that no structure or paving may be placed over the sewage disposal area or the expansion area. A copy of the approved septic system plot plan shall also be recorded along with this notice. A copy.of this recorded notice shall be provided to the City for verification. c) An acknowledgment of receipt of this notice by the expected occupant of the property shall also be submitted to the City. 10. Garages shall be constructed to provide a minimum of nine feet six inches by nineteen feet six inches (916" x 191611) of interior clear space. 11. All exposed slopes in excess of three feet (31) in height shall have a permanent irrigation system and erosion control vegetation installed to meet the approval of the Community Development Director or his designee. 12. 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, if applicable, screening shall be subject to the review and approval of the Community Development Director. AGENDA ITEM NO. �► 1� PAGE r 2 0F r CONDITIONS OF APPROVAL FOR RESIDENTIAL PROJECT 90-10 13. 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. 14. A grading and site drainage plan shall be approved by the Building Division prior to issuance of building permits. 15. A six-foot (61) high wood fence or masonry wall shall be constructed along the side and rear property lines and shall conform to Section 17.14.080 (Fences and Walls), subject to the approval of the Community Development Director or his designee. 16. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 17. Prior to issuance of building permits, applicant shall pay park -in -lieu fee in effect at time of building permit issuance. 18. Any additional required dedications for public right-of-way shall be provided for on Site Plan. 19. Units located along streets classified as Modified Collector or greater (sixty-six (66) feet wide or greater), shall incorporate dual -glazed windows. 20. All Conditions of Approval shall be attached or reproduced upon page one of building plans prior to their acceptance by Building Division. 21. The addresses (in numerals at least four inches (411) high) shall be displayed near the entrance and be visible from the front of the units. 22. Prior to issuance of any grading 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. 23. A revised Landscape plan shall be resubmitted to the City's Landscape Consultant for review and final approval shall be by the Community Development Director based on the recommendations of the landscape consultant. If deemed necessary, landscape plans shall go before Planning Commission for final approval. a) 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. 24. Approval of this project is contingent upon approval of Zone Change.90-10 by City Council. Building or grading permits will not be issued until this approval is obtained. 25. No outdoor storage shall be allowed for any tenant. 26. Trash enclosures shall be constructed per City standards as approved by the Community Development Director. a) Treatment over the front exterior door, to the downstair units, for protection from the elements shall be provided and subject to the approval of the Community Development Director. AGENDA ITFM 0. - - - PAGTaE OF 1�� � C CONDITIONS OF APPROVAL FOR RESIDENTIAL PROJECT 90-10 CONTINUED Engineering Department: 27. 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 underground water rights to the City (Municipal Code, Title 16, Chapter 16.52.030). Document can be obtained from the Engineering Department. 29. Dedicate additional right-of-way for standard corner cutback for the future curb return at the northwesterly corner of Lot 20. 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. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16.34; Resolution No. 85-26). 32. 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. 33. 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). 34. Reconstruct five -feet (51)of pavement section adjacent to curb on Pottery, replace broken sidewalk, reconstruct curb for new drive approaches and provide new curb, gutter, sidewalk and pavement improvements along property frontage on Langstaff. 35. Street improvement plans and specifications shall be prepared by a Civil Engineer. Improvements shall be to Riverside County Road Department Standards, latest edition, and City Codes (Lake Elsinore Municipal Code 12.04 and 16.34). 36. 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). All fees and requirements of encroachment permit shall be fulfilled before Certificate of Occupancy. 37. 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. 38. Arrangements for relocation of utility company facilities (power -poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 39. Provide fire protection facilities as required in writing by Riverside County Fire Department. 40. Provide street lighting and show lighting improvements on street improvement plans, as required by the City Engineer. 41. On-site drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. AGENDA ITEM NO J PAGE OF 7-Af f. C CONDITIONS OF APPROVAL FOR RESIDENTIAL PROJECT 90-10 CONTINUED 42. Contribute $41.00 towards the City's Master Entryway Sign Program. 43. Post required Labor and Material Bond and Performance Bond for Public Work Improvements off-site. AGENDA ITEM NO. pf•• 7''18-9a /�� PAGE_ 12 4F -- _ --- REPORT TO THE CITY COUNCIL/REDEVELOPMENT AGENCY DATE: September 11 3990 SUBJECT: Extension of Time Tract 20472 Revised: Friedman Hones; a re est for a one -yea extension of time for Tentative Tract 20472 Revised. This constitutes the first extension of time request for the revised map. The tentative tract is located in the eastern -most planning area of the Canyon Creek Specific Plan and is adjacent to and both northerly and southerly of Railroad Canyon Road. "7 Ij .f PREPARED BY: ' APPROVED BY: Dave erman Assistant Planner Comm.t�v_ Dir. APPROVED BY. n Mdl � City Manager PROPOSAL The request is for a one-year extension of time for Tract 20472 Revised located in the Canyon Creek Specific Plan area. This is the first extension of time request for the revised map since its October 27, 1987, approval. Tract 20472 was originally approved July 9, 1985, concurrently with the Canyon Creek Specific Plan. The tract is located in the eastern -most, single-family residential planning area of the Specific Plan, and is situated adjacent to, and both north and south of Railroad Canyon Road (see attached exhibit). Northerly of the site is Tuscany Hills Specific Plan, and easterly of the site is the Elsinore Valley Municipal Water District sewage treatment facility and the Cottonwood Hills Specific Plan area. The tract was revised October 27, 1987, to provide for larger lot sizes and improved internal circulation. The revised map is a subdivision of 100.3 acres consisting of 100 lots a minimum of 6,000 square feet in area, two (2) neighborhood parks totaling 1.6 acres, 3.8 acres of commercial land use, and 47.7 acres of open space. The map was conditioned, in part, to provide for protection of the riparian habitat; for city maintenance of all riparian, open space, parks and trails through a maintenance assessment district; and to provide for access to property south of the tract (Assessor's Parcel Number 363-190-012). DISCUSSION Railroad Canyon Road is being improved from the Cottonwood Hills Specific Plan -City Limit terminus to Interstate 15. The improvements include both realignment and street section widening. The map has been designed for a 100 -foot right-of-way. The tentative Railroad Canyon Road improvement plans show 100 -foot and 116 -foot right-of-way sections through the planning area. AGENDA ITEM ND. - !j I PAGE j OF All Railroad Canyon Road right-of-way issues have been resolvede following amended and additional conditions are to facilitate the Railroad Canyon Road project and to meet current City code requirements: Add Conditions l.a. All lot configurations must conform to the Canyon Creek Specific Plan development Standards. The minimum lot area permitted is 6,000 square feet. The minimum lot width permissible is fifty-three (53) feet except for cul-de-sacs which shall have a minimum lot width of thirty (30) feet at the property line and forty (40) feet at a lot depth of twenty (2 0 ) feet. Site development standards shall be that specified for the R-1 (Hillside Planned District) Zoning District and the general residential development standards unless otherwise specified by the Specific Plan text. l.b. House plotting, architectural drawings, floor plans, landscaping and fencing plans shall require Minor DESign Review approval prior to issuance of grading permits to ensure consistency with the approved Specific Plan. l.c. All trailers utilized during construction shall be subject to the review and approval of the Community Development Director prior to issuance of building permits. 2. Grading, right-of-way and street plans for tract shall match Railroad Canyon Road as designed by Project Design Consultant. 3. No single-family lot shall have access to Railroad Canyon Road. 4. Developer shall contribute to the City's Master Entry Way Sign Program at a rate of $100.00 per forty (40) dwellings. 5. The developer shall pay for "no parking" and street sweeping signs. 6. All tracts and engineering shall be digitized by developer per City standard, tapes to be provided prior to issuance of Certificate of Occupancy. If at the time of recordation no system has been established by the City, this condition shall be waived, and the developer will pay a fee of $1,000.00 per sheet for future final tract digitizing. 7. Developer shall contribute $9,000 towards the design and construction of a traffic signal at the intersection of Railroad Canyon Road and Grape Street. This development will increase traffic at the intersection at lease six (6%) percent and should contribute six (6%) percent towards construction. 8. All utilities except electrical over 12 kv shall be placed underground, as approved by serving utility. 9. River Trail Road shall have a fifty (50) foot right-of-way and thirty-six (36) curb -to -curb with a four (4) foot public utility easement. Revise Conditions Condition No. 51: Maintenance of rip -rap and access road along San Jacinto River bank shall be the responsibility of the developer or homeowners association or property owner, subject to the approval of City Engineer. Condition No. 69: Slopes abutting Railroad Canyon Road right-of- way shall be maintained by a homeowners association or property owners. Developer shall retain maintenance of the slopes for one AGENDA ITEM NO. .PAGE�- or (1) year after final approval of the project. Delete Conditions Condition No. 38: Delete Condition No. 53: Delete Condition No. 54: Delete Condition No. 55: Delete Condition No. 56: Delete Condition No. 68: Delete RECOMMENDATION It is recommended that City Council grant a one-year extension of time for Tentative Map 20472 Revised subject to the revised Conditions of Approval. It is recommended that the Redevelopment Agency concur with Council action. FINDINGS 1. This subdivision is consistent with the Canyon Creek Specific Plan Area adopted for this site and surrounding properties. 2. Provisions have been made for the realignment and widening of Railroad Canyon Road. 3. The public health, safety and welfare will not be adversely effected by this subdivision. AGENDA }TEM Na. PAGE OP r r CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP 20472 REVISED 1. The Tentative Tract Map shall comply with the State of California Subdivision Map Act and shall comply to all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by the conditions of approval. 2. This conditionally approved Tentative Tract Map No. 20472 Revised will expire two (2) years after the City Council approval date, unless extended as provided by the State of California Subdivision Map Act. 3. Prior to recordation of the final map, the applicant shall provide written documentation to the Community Development Director that each applicable condition of approval has been fully met to the satisfaction of each agency and party responsible for the respective condition. 4. All open space, riparian areas, parks and trails shall be deeded to the City of Lake Elsinore and maintained through an assessment district established by the applicant and approved by City Council prior to the issuance of Building Permits. 5. All prospective buyers shall be informed in writing that they will be part of an assessment district for open space, riparian areas, parks and trails maintenance. 6. All prospective buyers shall be informed in writing that the tract maybe subject to flood inundation due to dam failure and notice recorded on each lot. A map shall be displayed in sales office. 7. The applicant shall meet all mitigation requirements of the California Department of Fish & Game 1603 notification prior to the issuance of Building Permits. S. Applicant shall show documentation of U.S. Fish and Wildlife Service concurrence in, and additions to, conditions and mitigation measures set by the City and State agencies, prior to the issuance of City Building Permits. 9. All park, trail and open space improvements shall conform to a comprehensive landscape plan for the Canyon Creek Specific Plan Area, submitted by a licensed landscape architect with previous park planning experience, subject to approval of the Planning Commission. 10. Landscaping and irrigation plans shall be submitted for the two parks, all trails, open space uses and all slopes and shall be subject to Planning Commission approval prior to issuance of Building Permits. All improvements related to the parks and trails shall be bonded for prior to issuance of Building Permits. The two (2) parks shall be constructed concurrently with the project phase in which they are located. 11. All trees planted in or adjacent to riparian areas shall be species native or predominate to that location. All vegetation shall be of types compatible with existing riparian habitat. Such landscaping to be approved by the City Landscape Architect. 12. Trails near riparian and open space areas shall be barricaded and signed so as to discourage incidental vehicular access, yet not impede maintenance or emergency vehicle access or animal migration. 13. Rip -rap shall be used to stabilize the riverbank at the bend in the watercourse rather than concrete. 14. Passive parks shall be kept out of the riparian habitat. 15. No clearing of riparian vegetation shall be allowed. AGENDA ITEM0. FD RACE_ r = OF 15"� ! r r CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP 20472 REVISED 16. Sycamores or cottonwood trees shall be substituted for Eucalyptus in riparian portions of the landscaping plan. 17. The sewer plant secondary access road shall remain as an unimproved dirt road and not be paved. 18. No bicycle ways will be incorporated into the trail systems along the riparian area in this tract. 19. The drainage outlets from the development into the stream channel shall be protected from erosion by the construction of settling ponds, or other appropriate means as approved by landscape architect or the Community Development Director on the park plans, as to increase the amount of riparian habitat. 20. Revised Tract 20472 is amended to allow access to abutting property (A.P. # 363-190-012) and change the land use designation from "commercial" to "Residential HPD". 21. The applicant shall form with the City a special assessment district to provide funding for fire and police protection services, including operations, maintenance and personnel, prior to recordation of final map, subject to the approval of the City Attorney and Community Development Director. 22. Access to the neighborhood/active parks and the rip -rap maintenance road shall be from the interior streets and will not have access from Railroad Canyon Road. Access shall be made part of the landscape plans. 23. All required Engineering plans and studies shall be submitted and approved by the City Engineer or his designee prior to subnittal of final map for City Council auproval. 24. Dedicate underground water rights to the City prior to recordation of Final Map (Municipal Code, Title 16, Ch. 16.52.030). 25. Sign agreement and cooperate with the City in forming a Lighting and Landscaping District (Resolution 86-26, 86-27 and 86-36); document can be obtained in the Engineering Department. 26. Hydrology and hydraulics study shall be submitted• to the Engineering Department for review and approval. 2i. All compaction reports, grade certification, monument certification shall be submitted to Engineering Department before final inspection of off-site improvements will be scheduled and approved. 28. 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. 29. Provide street lighting and indicate on street improvement plans as required by City Engineer. 30. All work within the public right-of-way shall be delineated on street improvement plans and be approved and signed by the City Engineer. 31. Plans and specifications shall be prepared by a civil engineer and include signing and striping plan. 32. Meet all requirements of Chapter 12.08 of the Municipal Code regarding encroachment permits. 33. Meet all requirements of Chapter 16.34 of the Municipal Code regarding public improvements for buildings and subdivisions. AGENDA ITEM 0. r r CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP 20472 REVISED 34. Meet all requirements of Chapter 15.72 of the Municipal Code regarding grading. 35. Meet all requirements of Title 16 of the Municipal Code regarding subdivisions. 36. Meet all requirements of Chapter 15.68 of the Municipal Code regarding floodplain management. 37. Meet all requirements of Resolution No. 83-78 regarding fees for encroachment permits. 38. Join a benefit assessment district for mitigation of downstream storm drainage or pay downstream storm drainage run-off impact mitigation fee of $200.00 per lot and $1,500.00 per acre for commercial lots, prior to issuance of building permit. 39. Meet all requirements of Resolution No. 77-39 regarding capital improvement fees and engineering plan check fees for other than subdivisions. 40. Meet all requirements of Resolution No. 83-12 regarding installation of improvements as a condition of building permit. 41. Meet all requirements of Resolution No. 85-26 regarding engineering plan check and inspection fee for subdivisions, lot mergers, and lot line adjustments. 42. Meet all requirements of Resolution No. 83-87 regarding public safety mitigation fees. 43. Meet all requirements of Resolution No. 83-75 regarding fees for flood hazard review by Riverside County Flood Control District. 44. Record a notice of 100 year flood hazard and waiver of City liability on each affected lot. 45. Provide preliminary soils, geology and seismic reports including street design. Provide final reports showing compliance with preliminary reports and finish grade certification. 46. Applicant shall obtain appropriate approvals from Riverside County Flood Control, U.S. Army Corps of Engineers, Federal Emergency Management Agency, U.S. Fish and Wildlife Services and California Fish and Game Department or provide evidence from such agencies that approvals are not applicable to this project. 47. Provide will serve letter guaranteeing water service and sewer system from Elsinore Valley Municipal Water District. 48. Provide culverts under Railroad Canyon Road for drainage of tract at south side of Railroad Canyon Road. 49. Access''to internal road through emergency access shall be subject to approval of Fire Department and Engineering Department. 50. Railroad Canyon Road shall be fully improved to tract boundary. Temporary transition shall be constructed through improved section to existing Railroad Canyon Road at boundary. 51. Applicant shall agree to form and join assessment district or equivalent as directed by City Engineering to maintain rip -rap and access road along San Jacinto River bank and storm drain facilities prior to recordation of final map. AGENDA ITE N0. 51 PAGE OF r C CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP 20472 REVISED 52. Applicant shall join assessment district for San Jacinto Bridge at Lakeshore Drive or pay a mitigation impact fee as determined by City Engineer, within 90 days of the final approval of tentative tract map. 53. Applicant shall assist City in resolving issue of alignment of existing Railroad Canyon Road versus recorded alignment. 54. Applicant shall provide services of a traffic engineer to approve the alignment of Railroad Canyon Road improvement plan for future Average Daily Trip generation and Design Speed. Tract improvement of Railroad Canyon Road shall be compatible with improvement of Railroad Canyon Road east and west of the tract, to be done under the assessment district for Railroad Canyon Road improvements. 55. Applicant shall sign agreement to join and cooperate with City in forming a benefit assessment district for Railroad Canyon Road improvements. 56. If the Railroad Canyon Road benefit assessment district is not implemented, applicant consents to sign an agreement to pay traffic safety mitigation fee for a future traffic signal at Grape Street and Railroad Canyon Road, as established in Resolution No. 87-87. RIVERSIDE COUNTY FIRE DEPARTMENT 57. Schedule "A" fire protection approved standard fire hydrants (6"x4"x2.5"), located one at each street intersection and spaced no more than 330 feet apart in any direction, with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 1000 GPM for 2 hours duration at 20 PSI. 58. Applicant/developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall conform to fire hydrant types, location and spacing, and, the system shall meet the fire flow requirements. Plans shall be signed/ approved by 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 with the requirements prescribed by the Riverside County Fire Department." 59. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency.prior to any combustible building material being placed on an individual lot. 60. All buildings shall be constructed with tile roofing and shall be approved by the Fire Department prior to installation. 61. The emergency access from River Trail Road opening onto Railroad Canyon Road at the southwest corner of the project shall be a minimum sixteen feet (161) clear width consisting of two (2)'eight foot (81) iron gates with a chain and padlock as the only locking device. 62. A six foot (61) non-combustible wall (cement or concrete block) shall be installed adjacent to the brow and along the rear property line of lots 67 through 84. The wall will serve as a fire break between the residential lots and the wildlands to the south. LAKE ELSINORE SCHOOL DISTRICT 63. Developer shall pay all school fees in effect at the time of issuance of building permits at such time as those building permits are issued. --_ -_ %1 rn /;N v'� 2 AGENDA ITEM 0. is ' �- L SRU: 01= CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP 20472 REVISED 64. Traffic and safety mitigation for Railraod Canyon Road shall be provided during tract grading and/or construction. 65. A precise grading plan shall be reviewed and approved by the Chief Building Official implementing all provisions of Chapter 70 of the Uniform Building Code and City Grading Ordiannce. Interim erosion control measures shall be taken within thirty (30) days after rough grading, as approved by the Chief Building Official. No slopes of greater than 2:1 ration shall be permitted. 66. Lots 67 through 85 shall have reciprocal easements recorded in favor of all these lots for drainage and maitnenance of drainage structures and slope drains. 67. Noise attenuation shall be provided at the rear of the pads for all lots abutting Railroad Canyon Road. An acoustical engineer shall submit a noise study detailing mitigation measures, subject to the approval of the Community Development Director or his designee. The noise mitigation shall include in part construction of acoustic barrier walls, at the rear of pads or lots prior to issuance of a Certificate of Occupancy for the first unit. 68. Prior to recordation of a final map developer shall annex the entire subdivision into the City wide lighting and landscaping maintenance district. 69. Simultaneous to recordation of the final map, whether by designation upon the final map or by separate instrument, developer shall provide a slope easement in favor of the City of Lake Elsinore, for slopes abutting the Railroad Canyon Road right-of-way. (Lots 60-67 and 85-100 as shown on Tentative Tract Map 20472 dated Augsut 27, 1987, developer shall isntall irrigation and shall plant said slopes, subject to the approval of the City Engineer and Community Development Director or his designee. Developer shall retain maintenance of these slopes for at least one year prior to finalacceptance of the slope easement and landscape district. 70. Compliance with conditions relating to permit issuance or Assessment Districts shall be to the satisfaction of the City Engineer and the Community Development Director. AGENDA ITEM 0. 51 PP;GE OF / 13 Page 3 - City Council Minutes - October 27, 1987 fields would be obligated after December, 1987. City Manager Molendyk verified that this arrangement would only continue to December 31, 1987. MOVED BY MATSON, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE REQUEST. PUBLIC HEARINGS 31. Tentative Parcel Map 22914 - Brookstone Development, Inc. A request to subdivide six (6) existing industrial lots into twelve (12) lots within the Birch Street Industrial Center located between Third Street and Birch Street, approximately 600 feet westerly of Chaney Street. (X) Community Development Director Miller advised that the applicant had requested a continuance for completion of revisions. He further advised that they were uncertain when N the revisions would be complete, so this hearing would need W to go through readvertisement at a later date. M MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS Q VOTE TO CONTINUE THIS ITEM. 32. Tentative Tract Map 20472 - Revised - Friedman Homes. A request to revise previously approved tract map, reducing the number of lots from 143 to 100, reconfiguring the lots, changing parks, open space and street design, located in the Canyon Creek Specific Plan area straddling Railroad Canyon Road approximately 0.7 miles east of Interstate 15. Community Development Director Miller explained that the developer is working with staff to make revisions on the proposed tract for increased lot size and compliance with current standards. The City Clerk reported no written comments or protests. Mayor Strigotte opened the public hearing at 7:10 p.m. asking those in favor of Tentative Tract Map 20472 to speak. Martin Dowd, representing Friedman Homes, summarized revisions being made to the project including a reduced number of lots, decreased density, elimination of 2 streets, replacement of passive parks with active parks and an overall upgrade of the entire project. Mr. Dowd requested clarification of, and amendments to the proposed conditions of approval, as follow: Change Condition #6 to read "All prospective buyers shall be informed in writing that the tract may be within a dam inundation area. A map shall be displayed in the sales office, and provision to address shall be included within the CC & R's". Change Condition 410 to delete the words "Grading and". in the fourth sentence. Amend Condition #52 to include "if this assessment district is not in place or fees were not established, that this condition would be waived". Add Condition #70 to read "Compliance with conditions relating to permits or assessment district shall be to AGENDA IT 0. PAGEMDF f 14 Page 4 - City Council Minutes - October 27, 1987 the satisfaction of the City Engineer and the Community Development Director". Mayor Strigotte requested anyone in opposition to Tentative Tract Map 20472 Revised to speak. Hearing no one, Mayor Strigotte closed the public hearing at 7:18 p.m. Community Development Director Miller advised that he has previously discussed the proposed changes in the conditions and the Planning Commission had also discussed them. He advised that the proposed changes do not represent a substantial change in the meanings. Mayor Strigotte requested clarification as to how the City would be protected against the property being occupied prior to formation of an Assessment District. City Attorney Harper explained that the assessment district is required by the conditions of approval, which are legally binding. Councilman Matson expressed concern with changing Conditions #6 and #52 as he feels they are very important to the project. Councilman Dominguez requested clarification on Condition #6 particularly with how far down the river is would be stipulated. Community Development Director Miller explained that based on the inundation study and F.E.M.A. requirements, that stipulation would be from Railroad Canyon Dam to the Lake. MOVED BY STRIGOTTE, SECONDED BY MATSON AND CARRIED BY A VOTE OF 4 TO 1 WITH VERMILLION CASTING THE DISSENTING VOTE TO CERTIFY AND ADOPT ADDENDUM #2 TO THE CANYON CREEK SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT, APPROVE REVISED TENTATIVE TRACT MAP 20472 WITH FINDINGS AS FOLLOW: Findinas 1. Tentative Tract Map 20472 Revised is consistent with the General Plan and the Canyon Creek Specific Plan as a subdivision. 2. Tentative Tract Map 20472 Revised is consistent with the General Plan and Canyon Creek Specific Plan, in its proposed design and improvements of the subdivision. 3. The site of Tentative Tract Map 20472 Revised is physically suitable for the proposed density of development. 4. The environmental impacts of the design of Tentative Tract Map 20472 Revised will not cause serious public health problems. 5. The design and improvements of Tentative Tract Map 20472 Revised will not conflict with public easements through, or for use of property within, the Tract. AND REVISED CONDITIONS AS FOLLOW WITH CONDITION #10 AMENDED TC DELETE THE WORD GRADING AND THE ADDITION OF CONDITION #70 AS PROPOSED BY THE APPLICANT. Conditions 1. The Tentative Tract Map shall comply with the State of California Subdivision Map Act and shall comply to all applicable requirements of the Lake Elsinore Municipal AGENDA IT �0 PACEMOF 15 Page 5 - City Council Minutes - October 27, 1987 9. All park, trail and open space improvements shall conform to a comprehensive landscape plan for the Canyon Creek Specific Plan Area, submitted by a licensed landscape architect with previous park planning experience, subject to approval of the Planning Commission. 10. Landscaping and irrigation plans shall be submitted for the two parks, all trails, open space uses and all slopes and shall be subject to Planning Commission approval prior to issuance of Building Permits. All improvements related to the parks and trails shall be bonded for prior to issuance of Building Permits. The two (2) parks shall be constructed concurrently with the project phase in which they are located. 11. All trees planted in or adjacent to riparian areas shall be species native or predominate to that location. All .vegetation shall be of types compatible with existing riparian habitat. Such landscaping to be approved by the City Landscape Architect. 12. Trails near riparian and open space areas shall be barricaded and signed so as to discourage incidental vehicular access, yet not impede maintenance or emergency vehicle access or animal migration. 13. Rip -rap shall be used to stabilize the riverbank at the AGENDA riEM PACE T,OF Code, Title 16 unless modified by the conditions of approval. 2. This conditionally approved Tentative Tract Map No. 20472 Revised will expire two (2) years after the City Council approval Date, unless extended as provided by the State of California Subdivision Map Act. 3. Prior to recordation of the final map, the applicant shall provide written documentation to the Community Development Director that each applicable condition of approval has been fully met to the satisfaction of each agency and party responsible for the respective condition. 4. All open space, riparian areas, parks and trails shall be deeded to the City of Lake Elsinore and maintained through an assessment district established by the applicant and approved by City Council prior to the 00 issuance of Building Permits. 5. All prospective buyers shall be informed in writing that (V they will be part of an assessment district for open W space, riparian areas, park and trails maintenance. 6. All prospective buyers shall be informed in writing that Q the tract may be subject to flood inundation due to dam failure and a notice recorded on each lot. A map shall be displayed in sales office. 7. The applicant shall meet all mitigation requirements of the California Department of Fish & Game 1603 Notification prior to the issuance of Building Permits. S. Applicant shall show documentation of U.S. Fish and Wildlife Service concurrence in, and additions to, conditions and mitigation measures set by the City and State agencies, prior to the issuance of City Building Permits. 9. All park, trail and open space improvements shall conform to a comprehensive landscape plan for the Canyon Creek Specific Plan Area, submitted by a licensed landscape architect with previous park planning experience, subject to approval of the Planning Commission. 10. Landscaping and irrigation plans shall be submitted for the two parks, all trails, open space uses and all slopes and shall be subject to Planning Commission approval prior to issuance of Building Permits. All improvements related to the parks and trails shall be bonded for prior to issuance of Building Permits. The two (2) parks shall be constructed concurrently with the project phase in which they are located. 11. All trees planted in or adjacent to riparian areas shall be species native or predominate to that location. All .vegetation shall be of types compatible with existing riparian habitat. Such landscaping to be approved by the City Landscape Architect. 12. Trails near riparian and open space areas shall be barricaded and signed so as to discourage incidental vehicular access, yet not impede maintenance or emergency vehicle access or animal migration. 13. Rip -rap shall be used to stabilize the riverbank at the AGENDA riEM PACE T,OF 16 Page 6 - City Council Minutes - October 27, 1987 bend in the watercourse rather than concrete. 14. Passive parks shall be kept out of the riparian habitat. 15. No clearing of riparian vegetation shall be allowed. 16. Sycamores or cottonwood trees shall be substituted for Eucalyptus in riparian portions of the landscaping plan. 17. The sewer plant secondary access road shall remain as an unimproved dirt road and not be paved. 18. No bicycle ways will be incorporated into the trail systems along the riparian area in this tract. 19. The drainage outlets from the development into the stream channel shall be protected from erosion by the construction of settling ponds, or other appropriate means as approved by landscape architect or the Community Development Director on the park plans, as to increase the amount of riparian habitat. 20. Revised Tract 20472 is amended to allow access to abutting property (A.P. # 363-190-012) and change the land use designation from "commercial" to "Residential HPD". 21. The applicant shall form with the City a special assessment district to provide funding for fire and police protection services, including operations, maintenance and personnel, prior to recordation of final map, subject to the approval of the City Attorney and Community Development Director. 22. Access to the neighborhood/active parks and the rip -rap maintenance road shall be from the interior streets and will not have access from Railroad Canyon Road. Access shall be made part of the landscape plans. 23. All required Engineering plans and studies shall be submitted and approved by the City Engineer or his designee prior to submittal of final map for City Council approval. 24. Dedicate underground water rights to the City prior to recordation of Final Map (Municipal Code, Title 16, Chapter 156.52.030). 25. Sign agreement and cooperate with the City in forming a Lighting and Landscaping Districm (Resolution 86-26, 86-27 and 86-36); document can be obtained in the Engineering Department. 26. Hydrology and hydraulics study shall be submitted to the Engineering Department for review and approval. 27. All compaction reports, grade certification, monument certification shall be submitted to Engineering Department before final inspection of off-site improvements will be scheduled and approved. 28. 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. 01 AGENDA ITEM N0. PAGE_Lr- OF bi m a 17 Page 7 - City Council Minutes - October 27, 1987 29. Provide street lighting and indicate on street improvement plans as required by City Engineer. 30. All work within the public right-of-way shall be delineated on street improvement plans and be approved and signed by the City Engineer. 31. Plans and specifications shall be prepared by a civil engineer and include signing and striping plan. 32. Meet all requirements of Chapter 12.08 of the Municipal Code regarding encroachment permits. 33. Meet all requirements of Chapter 16.34 of the Municipal Code regarding public improvements for buildings and subdivisions. 34. Meet all requirements of Chapter 15.72 of the Municipal Code regarding grading. 35. Meet all requirements of Title 16 of the Municipal Code regarding subdivisions. 36. Meet all requirements of Chapter 15.68 of the Municipal Code regarding floodplain management. 37. Meet all requirements of Resolution No. 83-78 regarding fees for encroachment permits. 38. Join a benefit assessment district for mitigation of downstream storm drainage run-off impact mitigation fee of $200.00 per lot and $1,500.00 per acre for commercial lots, prior to issuance of building permit. 39. Meet all requirements of Resolution No. 77-39 regarding capital improvement fees and engineering plan check fees for other than subdivisions. 40. Meet all requirements of Resolution No. 83-12 regarding installation of improvements as a condition of building permit. 41. Meet all requirements of Resolution No. 85-26 regarding engineering plan check and inspection fee for subdivisions, lot mergers, and lot line adjustments. 42. Meet all requirements of Resolution No. 83-87 regarding public safety mitigation fees. 43. Meet all requirements of Resolution No. 83-75 regarding fees for flood hazard review by Riverside County Flood Control District. 44. Record a notice of 100 year flood hazard and waiver of City liability on each affected lot. 45. Provide preliminary soils, geology and seismic reports —including street design. Provide final reports showing compliance with preliminary reports and finish grade certification. 46. Applicant shall obtain appropriate approvals from Riverside County Flood Control, U.S. Army Corps of Engineers, Federal Emergency Management Agency, U.S. Fish and Wildlife Services and California Fish and Game Department or provide evidence from such agencies that approvals are not applicable to this project. POW AGENDA ITEM 0. 5 PACEOF is Page 8 - City Council Minutes - October 27, 1987 47. Provide will serve letter guaranteeing water service and sewer system from Elsinore Valley Municipal Water District. 48. Provide culverts under Railroad Canyon Road for drainage of tract at south side of Railroad Canyon Road. 49. Access to internal road through emergency access shall be subject to approval of Fire Department and Engineering Department. 50. Railroad Canyon Road shall be fully improved to tract boundary. Temporary transition shall be constructed through improved section to existing Railroad Canyon Road at boundary. 51. Applicant shall agree to form and join assessment district or equivalent as directed by City Engineering to maintain rip -rap and access road along San Jacinto River bank and storm drain facilities prior to recordation of final map. 52. Applicant shall join assessment district for San Jacinto Bridge at Lakeshore Drive or pay a mitigation impact fee as determined by City Engineer, within 90 days of the final approval of tentative tract map. 53. Applicant shall assist City in resolving issue of alignment of existing Railroad Canyon Road versus recorded alignment. 54. Applicant shall provide services of a traffic engineer to approve the alignment of Railroad Canyon Road improvement plan for future Average Daily Trip generation and Design Speed. Tract improvement of Railroad Canyon Road shall be compatible with improvement of Railroad Canyon Road east and west of the tract, to be done under the assessment district for Railroad Canyon Road improvements. 55. Applicant shall sign agreement to join and cooperate with City in forming a benefit assessment district for Railroad Canyon Road improvements. 56. If the Railroad Canyon Road benefit assessment district is not implemented, applicant consents to sign an agreement to pay traffic safety mitigation fee for a future traffic signal at Grape Street and Railroad Canyon Road, as established in Resolution No. 87-87. RIVERSIDE COUNTY FIRE DEPARTMENT 57. Schedule "A" fire protection approved standard fire hydrants (6:x4:x2.5:), located one at each street intersection and spaced no more than 330 feet apart in any direction, with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall .be 1000 GPM for 2 hours duration at 20 PSI. 58. Applicant/developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall conform to fire hydrant types, location and spacing, and, the system shall meet the fire flow requirements. Plans shall be signed/approved by 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 with the _'01 AGENDA ITEM N . PAGE OF 19 Page 9 - City Council Minutes - October 27, 1987 requirements prescribed by the Riverside County Fire Department. 59. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. 60. All buildings shall be constructed with tile roofing and shall be approved by the Fire Department prior to installation. 61. The emergency access from River Trail Road opening onto Railroad Canyon Road at the southwest corner of the project shall be a minimum sixteen feet (161) clear width consisting of two (2) eight foot (81) iron gates with a chain and padlock as the only locking device. 62. A six foot (61) non-combustible wall (cement or concrete 00 block) shall be installed adjacent to the brow and along the rear property line of lots 67 through 84. The wall (v will serve as a fire break between the residential lots (J and the wildlands to the south. LAKE ELSINORE SCHOOL DISTRICT Q 63. Developer shall pay all school fees in effect at the time of issuance of building permits at such time as those building permits are issued. `-64. Traffic safety mitigation for Railroad Canyon Road shall be provided during tract grading and/or construction. 65. A precise grading plan shall be reviewed and approved by the Chief Building Official implementing all provision of Chapter 70 of the Uniform Building Code and City Grading Ordinance. Interim erosion control measures shall be taken within thirty (30) days after rough grading, as approved by the Chief Building Official. No slopes of greater than 2:1 ratio shall be permitted. 66. Lots 67 through 85 shall have reciprocal easements recorded in favor of all these lots for drainage and maintenance of drainage structures and slope drains. 67. Noise attenuation shall be provided at the rear of the pads for all lots abutting Railroad Canyon Road. An acoustical engineer shall submit a noise study detailing mitigation measures, subject to the approval of the Community Development Director or his designee. The noise mitigation shall include in part construction of acoustic barrier walls, at the rear of pads or lots prior to issuance of a Certificate of Occupancy for the first unit. 68. Prior to recordation of a final map, developer shall annex the entire subdivision into the City wide lighting .and landscaping maintenance district. 69. Simultaneous to recordation of the final map, whether by designation upon the final map or by separate instrument, developer shall provide a slope easement in favor of the City of Lake Elsinore, for slopes abutting the Railroad Canyon Road right-of-way. (Lots 60-67 and 85-100 as shown on Tentative Tract Map 20472 dated August 27, 1987, developer shall install irrigation and shall plant said slopes, subject to the approval of the AGENDA ITEM N PAGEOF 20 Page 10 - City Council Minutes - October 27, 1987 City Engineer and Community Development Director or his designee. Developer shall retain maintenance of these slopes for at least one year prior to final acceptance of the slope easement and landscape district. 70. Compliance with conditions relating to permits or assessment district shall be to the satisfaction of the City Engineer and the Community Development Director. 33. Maior Outdoor Activity Permit 87-3 _ B.M.X. Moto Cross National Event - Fred Hawkins. The address of the event is 32170, Mission Trail, Lake Elsinore,'CA. Scheduled for October 31 and November 1, 1987. Supplemental application to permit one (1) temporary recreational vehicle space for security service overnight camping use. Community Development Director Miller advised that he has discussed the proposed conditions with the applicant and he is working toward compliance. The City Clerk reported no written comments or protests. Mayor Strigotte opened the public hearing at 7:30 p.m. asking those in favor of Major Outdoor Activity Permit 87-3. No one spoke. Mayor Strigotte asked those in opposition to speak. Hearing no one, the public hearing was closed at 7:31 p.m. Mayor Strigotte questioned the cost of private security officers in contrast with Sheriff's Department personnel. He expressed concern with security officers and the limitations on their enforcement, particularly with regard to traffic control in the area. Community Development Director Miller gave costs showing approximately a $9.00 per hour difference per officer. He advised that Captain Reynolds had approved the request from the Sheriff's Department standpoint. Mayor Strigotte requested that the Sheriff's Department to notified of the event, so they can provide extra patrols as needed. MOVED BY MATSON, SECONDED BY VERMILLION AND CARRIED BY UNANIMOUS VOTE TO APPROVE MAJOR OUTDOOR ACTIVITY PERMIT NO. 87-3 & SUPPLEMENTAL RECREATIONAL VEHICLE SPACE REQUEST PURSUANT TO THE FINDINGS LISTED BELOW: FindincL 1. The proposed Major Outdoor Activity Permit is a temporary use and is a Class 4.e exemption under the California Environmental Quality Act. 2. The temporary use as conditioned meets the standards of the Municipal Code to provide for the regulation and control of outdoor activities that occur on private property. 3. The proposed temporary use, on its own merits and within the context of its setting, is in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located. 4. The proposed temporary use will not be detrimental to AGENDA ITEM N0. 1 PAGE- , 0F r r REPORT TO THE CITY COUNCIL/REDEVELOPMENT AGENCY DATE: October 27 1987 SUBJECT: Tentative Tract Map 20472 REVISED: Friedman Homes; A request to revise previously approved Tract Map, reducing the number of lots from 143 to 100, reconfiguring the lots, changing parks, open space and street design, located in the Canyon Creek Specific Plan area straddling Railroad Canyon Road app=oximately 0.7 miles east of Interstate 15. PREPARED BY: � APPROVED BY: Nelson Miller Ron Molendyk Comm. Dev. Dir. City Manager BF,CKGROUND Friedman Homes has purchased the Canyon Creek Specific Plan project and has been working closely with staff to implement the project and commence construction. In an effort to more closely re-flect current development standards, develop a more marketable Product, and address concerns about encroachment into riparian and floodway areas, Friedman Homes has proposed this Revised Tentative Tract Map. At the meeting of October 6, 1987, the Planning Commission recor,Lmended approval of this project by a 3-0 vote, with Chairman Washburn and Commissioner Kelly absent (Minutes and Staff Report attachad). The Planning Commission considered the project at length with discussion on drainage, grease traps, fire access, parks assessment districts to mitigate fiscal impacts, habitat areas, impacts of trails and passive parks, and Railroad Canyon Road improvements. In order to address various concerns, amendments were made or conditions added affecting the following Conditions #10, #19, #20. #38, #52, #54, and #64 through #69 as described in the attached minutes. These include the amendments suggested by staff after conversations with the developer and Ce,.missioners prior to the meeting and Presented in the attached memoraneum of October 6, 1987. DISCUSSION: The revised Map provides fewer lots and consequently larger lot sizes. The -minimum lot size is 6000 square feet, however, most lots are significantly larger. Street design has been improved, eliminating lots with frontages on two (2) local streets, which previously existed. The revised street design is acceptable to the Fire Department. A string of passive parks along the riparian areas have been delcited in favor of two (2) parks readily accessible to the Tract and the general public. The passive parks represented an intrusion into the riparian areas which was considered undesir- able from a wildlife perspective and also represented a number of liability and maintenance concerns. AGENDA ITEM N0. S 1 PAGE__L1_OF C Page 2 October 27, 1987 Subject: Tentative Tract Map 20472 REVISED: Friedman Homes A Supplemental Environmental Assessment led staff to prepare an Addendum (#2) to the Canyon Creek Specific Plan Environmental Impact Report, in order to assess significant impacts of the current project. All impacts indicated within the E.I.R. and the Addendum (1985) for the entire Specific Plan, and Within the additional biological survey have been addressed. Specific mitigations listed within those three (3) documents have been incorporated as Conditons of Approval for the current project, as required under the Canyon Creek Specific Plan, as well as conditions relating to Railroad Canyon Road. It is recommended that City Council certify and adopt Addendum t2 to the Canyon Creek Specific Plan Environmental Impact Report; and approve revised Tentative Tract Map 20472 Revised, subject to revised conditions, based on the following findings. It is recommended that the Council action. Findings: 1. Tentative Tract Map General Plan and the subdivision. Redevelopment Agency concur with the 20472 Revised is consistent with the Canyon Creek Specific Plan as a 2. Tentative Tract Map 20472 Revised is consistent with the General Plan and Canyon Creek Specific Plan, in its proposed design and improvements of the subdivision. 3. The site of Tentative Tract Map 20472 Revised is physically suitable for the proposed density of development. 4. The environmental impacts of the design of Tentative Trait Map 20472 Revised will not cause serious public health problems. 6. The design and improvements of Tentative Tract Map 20472 Revised will not conflict with public easements through, or for use of property within, :.he Tract. AGENDA ITEM UP- PAGEff-:'0E--a— REPORT TO CITY COUNCIL/REDEVELOPMENT AGENCY PREPARED BY: BACKGROUND DATE: September 11 1990 SUBJECT: Tentative Parcel Map 23411: Gabel Cook & Becklund, Inc. a request to extend the above referenced industrial map for a period of one year. The site is located at the northwest corner of Dexter Avenue and Second Street. Gabrielle Restivo Associate Planner APPROVED BY: Li� Dav underman Co Dev. Dir. APPROVED BY: ' Ron.Mole,ndyk City Manager At the meeting of July 26, 1988, Tentative Parcel Map 23411 was approved unanimously by City Council subject to 28 conditions. The parcel map is creating 10 parcels from 6.75 acres located at the northwest corner of Dexter Avenue and Second Street. There is no direct access from Dexter Avenue and Second Street for any lots; a cul-de-sac from Dexter Avenue services the site. The zoning for the site is M-1. DISCUSSION All conditions required to finalize the map have been met. The map will be recorded pending this time extension. RECOMMENDATION It is recommended the City Council extend Tentative Parcel Map 23411 for a one year period based on the following Findings. FINDINGS 1. The subdivision is consistent with the General Plan, Zoning, and Subdivision Ordinance. 2. The map conditions have been met and the map is ready to record. AGENDA ITEM NO. PAGE I OF 10 Ci C CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP 23411 Planning Division: 1. Tentative Parcel Map 23411 will expire two (2) years from the date of approval. 2. Any development on any lot contained within this map shall be connected to sewer. 3. Prior to recordation of the final map, the applicant shall sign and complete an "Acknowledgment of Conditions" statement and shall return the executed original to the Community Development Department for inclusion in the case records. Elsinore Valley Municipal Water District: 4. Any future development will require the applicant to design and construct all water facilities to Elsinore Valley Municipal Water District standards. 5. All domestic and irrigation service lines will require six (6) reduced pressure principle backflow devices. Engineering Denartment: 6. Dedicate underground water rights to the City prior to recordation (Municipal Code, Title 16, Chapter 16.52.030); document can be obtained in the Engineering Department. 7. Sign agreement and cooperate with the City in forming a Lighting and Landscaping District (Resolution 86-26, 86-27, 86-36); document can be obtained in the Engineering Department. 8. 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 recordation. 9. Provide fire protection facilities as required in writing by Riverside County fire protection. 10. Provide street lighting and indicate on street improvement plans as required by the City Engineer. 11. 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 recordation. 12. Plans and specifications shall be prepared by a civil engineer and include signing and striping plan. 13. Pay all improvement fees (Municipal Code, Title 16, Chapter 16.34). 14. Conplete subdivision requirements (Municipal Code, Title 16), sign and execute subdivision agreement, which requires instal- lation of street improvements, including ten -feet (101) beyond centerline on Dexter where it is reconstructed. 15. Complete flood hazard requirements (Municipal Code 15, Chapter 15.64). 16. Pay all fees for subdivision processing (Municipal Code, Title 16 and Resolution No. 85-26). 17. Post required bonds for public works improvements as established by the City Engineer. 18. Meet all requirements of Chapter 12.08 of the Municipal Code regarding encroachment permits, Resolution No. 83-78. ;SNDA ITEM N0. �+ r4 ,a. 7-,?6"S� .C. ; [ I" k ,_ - =�; J PAGE_�OF�D �� u '�'s # + iy r c CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP 23411 CONTINTJED 19. 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. 20. submit hydrology and hydraulic studies, necessary to verify adequacy of ten -foot (101) drainage easement. 21. Off-site' drainage from the north must be provided for through the site or a method approved by the City Engineer. 22. Existing culvert under Dexter Avenue shall be removed. 23. Dexter Street shall be reconstructed to drain southeast to Second Street and sufficient improvements installed to direct all drainage to an improved drainage facility, subject to the approval of the City Engineer. 24. The intersection of Dexter Avenue and Second Street shall be reconstructed to accommodate the drainage, subject to the approval of the City Engineer. 25. Applicant shall contribute a pro -rata share of the cost of design and construction for a signalized intersection along Central Avenue easterly of Interstate 15, to be determined by the City Engineer. 26. Applicant to contribute pro -rate share for the City's Master Entry Sign Program, to be determined by the City Engineer. 27. The name "Charles Street" is not approved as part of this project. All street names are subject to the review and approval by the City's Street Naming Committee. County Fire Department 28. Meet all County Fire Department standards for fire protection, Exhibit "J" contained within the Staff Report. AGENDA ITEM NO. a nr,rClOFJ - v i PAGE THREE - CITY COUNCIL MINUTES - JULY 26, 1988 6. Traffic Control Resolutions relating to No Parking Zones and Loading Zones. Resolution Nos. 88-38, 88-39 and 88-40. Councilman Dominguez identified the proposed loading zone on Lowell Street, as being in front of the Catholic Church at the Church's request so it can be kept clear for access during weddings and funerals. He advised that if other churches in the area had similar situations, he could see no problem in granting the same kind of approval. MOVED BY DOMINGUEZ, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NOS. 88-38, 88-39, AND 88-40. RESOLUTION NO. 88-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ESTABLISHING NO PARKING ZONES ON CERTAIN STREETS. RESOLUTION NO. 88-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DESIGNATING LOCATIQfS OF LOADING ZONES OF CERTAIN STREETS. Ic RESOLUTION NO. 88-40 t A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DESIGNATING THE LOCATION OF CERTAIN STOP INTERSECTIONS. PUBLIC HEARINGS 31. Tentative Parcel Map 23411 - Aware lDevelgTpment. A request to subdivide an existing 6.75 acre parcel into 10 parcels located on the northwest corner of Dexter Avenue and Second Street. Community Development Director Miller explained the request and offered to answer questions from Council. The City Clerk reported no written comments or protests. Mayor Winkler opened the public hearing at 7:26 p.m. asking those in favor of the project to speak. The following person spoke: Mr. Charles Ware, 6377 Riverside Avenue, Riverside, owner of the project offered to answer any questions from Council. Mayor Winkler asked those in opposition to speak. Hearing no one, the public hearing was closed at 7:27 p.m. Councilman Buck requested clarification of the sewer requirements for the project, and whether they would hook up to sewer or utilize a septic tank. Community Development Director Miller advised that they would be required to hook up to sewer. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT NEGATIVE DECLARATION 88-6, AND APPROVE TENTATIVE PARCEL MAP 23411 WITH THE FOLLOWING FINDINGS AND CONDITIONS: Findings 1. Subject to the attached conditions the proposed Parcel Map is not anticipated to result in any adverse environmental impacts. AGENDA ITEM 0. PAGEpF r __ AGENDA ITEM NO. PAG7 OF r C PAGE FOUR - CITY COUNCIL MINUTES - JULY 26, 1988 2. This project, as approved, complies with the Goals and Objectives of the General Plan and the Limited Manufacturing District. 3. The site, subject to the attached conditions, is suitable for this type of development. "Planning Division Conditions 1. Tentative Parcel Map 23411 will expire two (2) years from the date of approval. 2. Any development on any lot contained within this map shall be connected to sewer. 3. Prior to recordation of the final map, the applicant shall sign and complete an "Acknowledgment of Conditions" statement and shall return the executed original to the Community Development Department for inclusion in the case records. _ Elsinore Valley Municipal Water District �: r 4. Any future development will require the applicahi to design and construct all water facilities to Elsinore Valley Municipal Water District standards. 5. All domestic and irrigation service lines will require six (6) reduced pressure principle backflow devices. Engineering Department Conditions 6. Dedicate underground water rights to the City prior to recordation (Municipal Code, Title 16, Chapter 16.52.030), document can be obtained in the Engineering Department. 7. Sign agreement and cooperate with the City in forming a Lighting and Landscaping District (Resolution Nos. 86-26, 86-27 86-36); document can be obtained in the Engineering Department. 8. 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 recordation. 9. Provide fire protection facilities as required in writing by Riverside County fire protection. 10. Provide street lighting and indicate on street improvement plans as required by the City Engineer. 11. 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 recordation. 12. Plans and specifications shall be prepared by a civil engineer and include signing and striping plan. 13. Pay all improvements fees (Municipal Code, Title 16, Chapter 16.34). 14. Complete subdivision requirements (Municipal Code, Title 16), sign and execute -subdivision agreement, which requires installation of street improvements, AGENDA ITEM N _ NO , AGENDA ITEMPACEOF PAC=01=� r C PAGE FIVE - CITY COUNCIL MINUTES - JULY 26, 1988 23. Dexter Street shall be reconstructed to drain southeast to Second Street and sufficient improvements installed to direct all drainage to an improved drainage facility, subject to the approval of the City Engineer. 24. The intersection of Dexter Avenue and Second Street shall be reconstructed to accommodate the drainage, subject to the approval of the City Engineer. 25. Applicant shall contribute a pro -rata share of the cost of design and construction for a signalized intersection along Central Avenue easterly of CInterstate 15, to be determined by the City Engineer. 26. Applicant to contribute pro -rata share for the City's Master Entry Sign Program, to be determined by the City Engineer. 27. The name "Charles Street" is not approved as part of this project. All street names are subject to the review and approval by the City's Street Naming Committee. County Fire Department Conditions 28. ..Meet all County Fire Department standards for fire protection, Exhibit "J" contained within the Staff Report. 32. Zone Code Amendment 88-5 - Industrial Concepts I. Appeal of Planning Commission denial of a request to amend the text of the C -M (Commercial Manufacturing) Zoning District to allow churches within this zone subject to approval of a Conditional Use Permit. Ordinance No. 837. AGENDA ITEM NO, AGF -NDA ITEM N0• ` PACE__(e_70F PAG= CRG�� including ten -feet (101) beyond centerline on Dexter where it is reconstructed. 15. Complete flood hazard requirements (Municipal Code 15, Chapter 15.64) 16: Pay all fees for subdivision processing (Municipal Code, Title 16 and Resolution No. 85-26). 17. Post required bonds for public works improvements as established by the City Engineer. 18. Meet all requirements of Chapter 12.08 of the Municipal Code regarding encroachment permits, Resolution No. 83-78. 19. All compaction reports, grade certification, monument certification (with tie -notes delineated on 8-1/2 x11" mylar) shall be submitted to Engineering Department before final inspection of off-site improvements will be scheduled and approved. r 20. Submit hydrology and hydraulic studies, necessary to verify adequacy of ten -foot (101) drainage easement. 21. Off-site drainage from the north must be provided for through the site or a method approved by the City Engineer. 22. Existing culvert under Dexter Avenue shall be removed. 23. Dexter Street shall be reconstructed to drain southeast to Second Street and sufficient improvements installed to direct all drainage to an improved drainage facility, subject to the approval of the City Engineer. 24. The intersection of Dexter Avenue and Second Street shall be reconstructed to accommodate the drainage, subject to the approval of the City Engineer. 25. Applicant shall contribute a pro -rata share of the cost of design and construction for a signalized intersection along Central Avenue easterly of CInterstate 15, to be determined by the City Engineer. 26. Applicant to contribute pro -rata share for the City's Master Entry Sign Program, to be determined by the City Engineer. 27. The name "Charles Street" is not approved as part of this project. All street names are subject to the review and approval by the City's Street Naming Committee. County Fire Department Conditions 28. ..Meet all County Fire Department standards for fire protection, Exhibit "J" contained within the Staff Report. 32. Zone Code Amendment 88-5 - Industrial Concepts I. Appeal of Planning Commission denial of a request to amend the text of the C -M (Commercial Manufacturing) Zoning District to allow churches within this zone subject to approval of a Conditional Use Permit. Ordinance No. 837. AGENDA ITEM NO, AGF -NDA ITEM N0• ` PACE__(e_70F PAG= CRG�� r r REPORT TO CITY COUNCIL/REDEVELOPMENT AGENCY DATE: July 26, 1988 SUBJECT: Tentative Parcel Map 2347.1: Aware Devel❑ ment• A Re est to Subdivide yin Existin 6.25 Acre 0. Parcel into Ten (10) Parcels Located on the Northwest Corner of Dexter Avenue and Second Street • APPROVED B APPROVED BY. APPROVED BY: John Qibi Nelson Miller Ron Malendyk Senior Planner Comm. Dev. Dir. City Manager DISC2SSTON The Planning Commission at its July 5, 1988 meeting unanimously recommended approval of this tentative industrial parcel map subject to 28 conditions (Minutes and Staff Report attached). The applicant, Aware Development, has requested approval of an industrial parcel map to create parcels for sale to prospective developers/small business users. The project was continued on two occasions by the Planning Commission to allow for redesign to address drainage and circulation issues. The parcel map submitted here satisfies those previous concerns. As designed the parcel map contains minimum standard sized lots for the the M-1 zone (20,000 square foot). Given required setbacks, viable building size, parking and access, and storage needs, limited open area adequate for septic system leach field development is available on lots of the proposed size. Often industrial users need to incorporate grease filters or trap systems to prevent chemical contaminants from entering the ground water/percolation areas: these do not work well in conjunction with private sewer systems. Recommended conditions would require that this industrial subdivision be provided public sewer. Commission's recommendation of this requirement was unanimous, based upon direct discussion of the requirement during their review with the applicant. RECOMMENDATION It is recommended that the City Council adopt Negative Declaration No. 88-6 and approve Tentative Parcel Map 23411 with the following Findings and attached 28 Conditions of Approval. It is recommended that the Redevelopment Agency concur with City Council action. FINDINGS 1. Subject to the attached conditions the proposed Parcel Map is not anticipated to result in any adverse environmental impacts. 2. This project, as approved, complies with the Goals and Objectives of the General Plan and the Limited Manufacturing District. 3. The site, subject to the attached conditions, is suitable for this type of development. AGENDA ITEM N0. K :L PhGE_-l�OF N 4p A :,jo 7 2 2 bN1 7 7 pill SPE( 10 1• 2 1 0 I ct 1� 4 B a_eou 10 4' A/ 4 7 r 751 g 14A'• W_ISSINgi v -s" =CIFI ��_C NU RE� N 14c 13 y D 7 i Iry 4�. t2 idl f 41 F" W. 2' r, . L� V_-% 4 1 ✓, I 'a % !Z nw- PROJECT SITE 7 14A jl%�77 irm L\ A V 7 15 LAKE ELSINORE — 14 A V 14A 3 3 Z AdKDA ITEM NO. 1 4A 4jI.L" I 7ej 11111v ..e 4 X1 df 14A EXHIBIT "All 3 LOCATION MAP1.t' TPM 23411 2 �AR - -l�14r1A117 Y - "XP 544[.E: /"r -400' AGENDA ITEM NO. %5�k PAGE OF E)UlIBIT "B" VICINITY MAP TPM 23411 r :0 e AGENDA ITEM N0. PAGE�OE�r EXHIBIT "C" SITE PLAN TPM 23411 REPORT TO CITY COUNCIL DATE: SEPTEMBER 11, 1990 SUBJECT: Request of Waiver of Conditional Use Permit Fees for Lake Elsinore Christian Fellowship. PREPARED BY • OI ED BY : �19 X07 Dave nderman o Mol dyk Ca DR ev. Dir. City Manager PROPOSAL Lake Elsinore Christian Fellowship has requested a waiver of application fees for a Conditional Use Permit request to establish a church in a C -M District. The Conditional Use Permit is scheduled for Planning Commission review on September 19, 1990. Lake Elsinore Christian Fellowship has twice applied for and paid the fees for a Conditional Use Permit to establish a church in two different locations, each in an M-1 zone. The first Conditional Use Permit was denied by the Planning Commission but was withdrawn prior to Council action. The second Conditional Use Permit was denied by both the Commission and Council. DISCUSSION The church has requested a waiver of Conditional Use Permit fees since most of the staff work has been previously done. Additionally, additional fees for the church create a financial hardship for them. The request is, in staff's opinion, justified since work on the new application is virtually complete from the previous applications. RECOMMENDATION It is recommended that City Council approve the request for waiver of fees pursuant to Council Policy. AGENDA ITEM NO. DACE C OF Cake Erssinore Ciristia)t �Mows 2939660%krkm" °stP or= UkA E[si""XAU*rMW 9n" J 714 74 -zona mNcs Ni16rant City of Lake Elsinore City Council and Community Development Director Lake Elsinore, CA 92330 G-29 117 August 29, 1990 Regarding Lake Elsinore Christian Fellowship C.U.P. application: Dear City Council and Community Development Director, This is to request t!he C.U.P. fees for Lake Elsinore Christian Fellowship be waived for the following reasons. 1. Justification is focused on the fact that majority of staff work has been done before. 2. Because of the fact that we have paid fees twice, it becomes a financial hardship. We are a non—profit organization. JH: ch Thank You, stor Jim Hilbrant AGENDA MM W-0— PACE OF r ORDINANCE NO. 903 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 10.66 ACRES FROM RURAL RESIDENTIAL (R -R) TO GENERAL COMMERCIAL (C-2) LOCATED BETWEEN DEXTER ON THE NORTHEAST AND INTERSTATE 15 FREEWAY ON THE SOUTHWEST AND THE EXISTING CITY BOUNDARIES ON THE NORTHWEST AND SOUTHEAST. (ZONE CHANGE 90-7: COASTAL VALLEY 1 DEVELOPMENT). THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: ZONING RECLASSIFICATION This Zoning Map of the City of Lake Elsinore, California, is hereby amended by changing, reclassifying and rezoning the following described property, to wit: A portion of Lots 1 & 2, Block 5, and Lots 3 & 4, Block 4 of the North Elsinore Tract as shown by map on file in Book 5, Page 105 of Maps, Riverside County Records, together with a portion of Dexter Avenue (existing) and a portion of Dexter Avenue (relocated), and a portion of Third Street as shown on the Department of Transportation right-of-way Map No. 916532, filed as No. 204-838, Riverside County Records, California. from R -R (Rural Residential) to C-2 (General Commercial) on approximately 10.68 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 C-2 Zoning District. Approval is based on the following: 1. The proposed project will not have a significant impact on the environment. 2. The proposed project is within the City's Sphere of Influence and abuts the City limits. Therefore, the request is a logical extension to the City limits. 3. The project as conditioned will provide the necessary public service to allow development. AGENDA ITEM NO. "� 4 PAGE OF Page 2 Ordinance No. 903 SECTION TWO: This Ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 28th of August, 1990, upon the following roll call vote: AYES: COUNCI12 MBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WASHBURN PASSED, APPROVED AND ADOPTED UPON SECOND READING this 11th day of September, 1990, upon the following roll call vote: 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.� PAGE, OF _ NOTE 1T s oN'A''INTEjvr /5 ^ ( -;ERIC r THE A TTACHEO �2• L � tS00' V-210 77 Tz105.45 N10,01,18"W It& 97' d : 38' l/ 1 0" Je= 300' L= t0o.ao T% /03.86' Ul7R4113 R/W AS S�Ibil'1� MAP A PLL AS AJ -2M-836 Q° 9°!4'59'► `T L.- /6/.44' T° 84.89' SHEET —L OF Sf�EETS Cxvpr/ON. SG9l0 ft- i E /-�'0 ► N 270Z4'01"W d : S' 35.20., �h � 3•� R - 1040' L = 9755 T :4"1 Y-9—# - tlfd WF 6- 5-96 15 3691 X. 4.,V -?Z BUTTERF 1 ELD ENCS I hEER I NG a KRVEY I NG A CIVISIM Q T1f KEITH WVM"2 PLANNING CIVIL poIMMIM verImmoffK lx Im AWN t 11= I Lif LANDWAPE AAM I T1mnn u+o NLP YI W 9714] 574-1461 ,r 'N'111Y L17Y F LAKE ELSbUfF MAYDAY PY AMAR N NQ. 3B MIT.NO.4 352/o AW.7 25-85 44INLVT/ON ND. - — GTY OF LAT MINN' MR. cels 12 • SM.5 • c073 .3 6' . Of 7NE /YDRN ELS/NORE TRACT i M.D. 5, /105 W 0. 80294 AGENDA ITEM NO.ad--L— PAGE OF '� ORDINANCE NO. 904 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING .62 ACRES FROM R-2 (MEDIUM DENSITY RESIDENTIAL) TO R-3 (HIGH DENSITY RESIDENTIAL) LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF POTTERY AND LANGSTAFF STREETS (ZONE CHANGE 90-10: GEORGE ALONGI). THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: ZONING RECLASSIFICATION This 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 Numbers 374-071-001, 002, and 003 from R-2 (Medium Density Residential) to R-3 (High Density Residential) on approximately .62 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-3 Zoning District. Approval is based on the following: 1. This request is consist with the Goals, Policies, and Objectives of the General Plan. 2. This request will bring the zoning for the site into conformance with the General Plan. 3. This request will not result in any significant adverse impact on the environment. SECTION TWO: This Ordinance shall become effective as provided by law. AGENDA ITEM NO. -%!iL PAGE OF_, Page 2 Ordinance No. 904 INTRODUCED AND APPROVED UPON FIRST READING this 28th of August, 1990, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NONE NONE NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 11th day of September, 1990, upon the following roll call vote: 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. 55 PAGE OF 1 c c zolvE C/-/)q/VC74!57 ADAMMIM74 -� �S7AD11E1tFir IIAl11�A .-66 _, Lake [ . Elsinore V/cIm T h P) it JO ASSESSOR PARCEL MAP N. • .. _✓ _ �p.0-pTfy4 Yom- M — F• •• I A /N • !. 0 2 lv 3 • + O t (D O I9 _ly F;' t�, iris -yrs• - - - �rsrfs•.v 1/tIr •• /e 2 9 n x i to ef I � N I Ii /© Is +1 O2 aT /J 1 _�l=.� I� 071 ;� (DI 1 1 ■ t (D Ilk •.lir• � 1 / � y�'` AGENDA ITEM NO. PAGE OF ORDINANCE NO. 905 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING ORDINANCES. NO. 866, 859, AND 669 AND ADOPTING THE STEPHENS' KANGAROO RAT MITIGATION FEE ORDINANCE. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS: WHEREAS, The City Council of the City of Lake Elsinore did adopt an Interim Ordinance No. 866 pursuant to -Government Code Section 65952 on October 24.,1989, and WHEREAS, the City Council did adopt Interim Ordinance No. 859 pursuant to Government Code Section 65952 on June 13, 1989, and WHEREAS, the City Council did adopt Interim Ordinance No. 869 pursuant to Government Code Section 65952 on November 14, 1989, and WHEREAS, the City Council adopted the Interim Habitat Conservation Plan and implementing documents on May 22, 1990, and June 26, 1990, which nullify Interim Ordinances 866, 859, and 869. NOW THEREFORE BE IT DETERMINED AND ORDAINED AS FOLLOWS: 1. The foregoing recitals are true and correct; 2. Said ordinance shall provide as follows: SECTION 1. TITLE. This Ordinance shall be known as the Stephens' Kangaroo Rat Mitigation Fee Ordinance. SECTION 2. FINDINGS. The City Council finds and determines that: (a) The Stephens' kangaroo rat is listed as a threatened species by the State of California, and the California Department of Fish and Game has recommended changing its status to endangered. (b) The U. S. Fish and Wildlife Service has listed the Stephens' kangaroo rat as an endangered species, effective October 31, 1988, pursuant to the Federal Endangered Species Act of 1973, 16 U.S.C. Section 1531 et. seq. (c) Following the Federal listing of the Stephens' kangaroo rat as an endangered species, the occupied habitat of the species may not be altered without a Section 10(a) permit issued by the Secretary of the Interior. All requests for a Section 10(a) permit must be accompanied by a Habitat Conservation Plan approved by the U.S. Fish and Wildlife Service. Said permit will then allow for the loss of occupied habitat due to development on the basis that the Habitat Conservation Plan will provide protection for the species and guarantee its survival. (d) Development within the historical range of the Stephens' .kangaroo rat has resulted in loss and degradation of occupied Stephens' kangaroo rat habitat, increased isolation of Stephens' kangaroo rat populations, reduction of potential habitat areas for future colonization, and elimination of corridors which allow the species to relocate as environmental conditions warrant. AGENDA ITEM NO. PAGE OF�n V. (e) The Stephens' kangaroo rat's survival cannot be insured on small isolated acreages surrounded by, or in close proximity to, development or human populations. (f) Impacts to the Stephens' kangaroo rat are not limited to loss or degradation of actually occupied habitat only. (g) The successful completion and implementation of a Habitat Conservation Plan for the Stephens' kangaroo rat would be jeopardized by not implementing a procedure that requires review of each proposed development within the fee assessment area to determine the best means of mitigating impacts to the Stephens' kangaroo rat. (h) Each proposed development project shall be reviewed to determine the most appropriate course of action to ensure the survival of the species through one or more of the following: (1) On-site mitigation of impacts to the Stephens' kangaroo rat through the reservation or addition of lands included within or immediately adjacent to a potential habitat reserve site, or (2) Payment of the Mitigation Fee set by this ordinance, or (3) Any combination of (1) and (2) consistent with the intent and purpose of this Ordinance. A proposed development project may be referred, for review, to Federal and state resource agencies based upon criteria which may be established and agreed upon by the City, the County, and said agencies. (i) A program providing for on-site project mitigation in accordance with the development of a Habitat Conservation Plan will provide a mechanism for establishing sufficient habitat areas which can be effectively protected and managed for the Stephens' kangaroo rat's survival and recovery. (j) Immediate implementation of this Ordinance is necessary to make use of other potential funding opportunities for the development and implementation of a Habitat Conservation Plan for the Stephens' kangaroo rat. (k) The successful completion of a Habitat Conservation Plan depends upon providing protection to potential habitat reserve sites until the mechanisms for land acquisition contained within the Plan can be put into effect. (1) All Mitigation Fees collected pursuant to the provisions of this Ordinance shall be used for the development, preparation and implementation of a Habitat Conservation Plan for the Stephens' kangaroo rat, including, but not limited to, the acquisition and management of habitat reserve sites, and for the application of a Section 10(a) permit under the federal Endangered Species Act of 1973, as well as authorization to take the species pursuant to the California Endangered Species Act. (m) Adoption of this ordinance will provide mitigation for projects within the historical range of the Stephens' kangaroo rat allowing said projects to proceed during the preparation and implementation of a Habitat Conservation Plan for the Stephens' kangaroo rat, provided said projects are not located in areas identified as and meeting the criteria for potential habitat reserve sites needed for the conservation of the species. The approval of such development projects could jeopardize the survival of the species and therefore would be inconsistent with a Habitat Conservation Plan, even if the Mitigation Fee is paid. AGENDA ITEM NO. PAGE OF�_ (n) Adoption and implementation of this Ordinance demonstrates the City's intent to cooperate with federal and state agencies to provide for the survival of the Stephens' kangaroo rat. (o) The passage of this Ordinance is intended to be consistent with the requirements of state and federal environmental legislation, including the California Environmental Quality Act. SECTION 3. PURPOSE. The purpose of this Ordinance is to finance the preparation, development and implementation of a Habitat Conservation Plan, including the acquisition of habitat reserve sites, and the application for a Section 10 (a) permit under the Federal Endangered Species Act of 1973. It is the further purpose of this Ordinance to provide a method for mitigation of impacts to the Stephens' kangaroo rat caused by the loss of its habitat due to development during the preparation and implementation of a Habitat Conservation Plan and provide for habitat mitigation to be identified in the Habitat Conservation Plan. Mitigation of impacts to the Stephens' kangaroo rat will be accomplished through the review of each proposed development project within the Fee Assessment Area to determine whether on-site mitigation through the reservation or addition of lands included within or immediately adjacent to a potential habitat reserve site or payment of the mitigation fee or a combination of both is appropriate and furthers the ultimate Habitat Conservation Plan objectives. A proposed development project may be referred, for review, to federal and state resources agencies based upon criteria which may be established and agreed upon by the city, the county and said agencies. This Ordinance provides for the establishment of this review process and satisfaction of on-site mitigation to protect potential habitat reserve sites or payment of the Mitigation Fee or a combination of both, which upon implementation will satisfy U.S. Fish and Wildlife Service, California Department of Fish and Game, County of Riverside, as well as City mitigation requirements for the Stephens' kangaroo rat and its habitat which may occur within the City designated herein. SECTION 4. DEFINITIONS. As used in this Ordinance, the following terms shall have the following meanings: (a) BOARD OF SUPERVISORS. The Board of Supervisors of the County of Riverside. AGENDA ITEM NO.� PAGE ✓ OF= (b) CERTIFICATE OF OCCUPANCY. "Certificate of Occupancy" shall mean a certificate of occupancy as defined by state law. (c) CITY. The City of Lake Elsinore. (d) COUNTY. The County of Riverside. (e) DEVELOPMENT PERMIT. City approval of a tentative tract map, tentative parcel map, conditional use permit, public use permit, plot plan, surface mining permit, or grading permit pursuant to the provisions of all applicable City ordinances. Where a development project has been previously reviewed and approved pursuant to the provisions of this Ordinance, any subsequent implementing development permit shall not be subject to further review under this Ordinance. (f) FEE ASSESSMENT AREA. All real property located within the area described in Section 5 of this Ordinance. (g) FINAL INSPECTION. "Final Inspection" shall mean a final inspection as defined by the Uniform Building Code, 1988 Edition, or state law. (h) HABITAT CONSERVATION PLAN. A plan prepared pursuant to Section 10(a) of the Federal Endangered Species Act of 1973, 16 U.S.C. Section 1539. (i) MITIGATION FEE. The fee imposed pursuant to the provisions of this Ordinance. (j) PARCEL. All real property for which a development permit is applied for. (k) RESIDENTIAL UNIT. A building or portion thereof used by one (1) family and containing but one (1) kitchen, and designed for single-family residential purpose only. (1) SECTION 10(a) PERMIT. A permit issued by the Secretary of the Interior pursuant to Section 10(a) of the Federal Endangered Species Act of 1973, 16 U.S.C. Section 1539. (m) STEPHENS' KANGAROO RAT. An animal species known as Dipodomys Stephensi. (n) GRADING PERMIT. "Grading Permit" shall mean a grading permit as defined by the Uniform Building Code, 1988 Edition, provided, however, that for purposes of the Ordinance, "grading permit" shall not include the following: (1) A grading permit wherein grading was previously performed pursuant to a grading permit issued within one (1) year prior to November 15, 1988, and subsequently inspected and approved by the City of Lake Elsinore Department of Building and Safety. In addition, the area to be graded pursuant to said permit shall be the same or substantially the same area previously graded. (2) A grading permit for real property upon which a detached or attached second unit will be constructed pursuant to Section 17.17 of the Lake Elsinore Municipal Code. SECTION 5. DESIGNATION OF THE FEE ASSESSMENT AREA. All those certain lands located in the City of Lake Elsinore, State of California, as hereinafter particularly described, and hereby designated as the Fee Assessment Area. Said Fee Assessment Area is described as follows: AGENDA ITEM NO. PAGE OF I l (See attached Legal Description) SECTION 6. MITIGATION FEE. All applicants for development permits within the boundaries of the Fee Assessment Area who cannot satisfy mitigation requirements through on-site mitigation as determined through the environmental review process shall pay a Mitigation Fee of $1,950 per gross acre of the parcels proposed for development. However, for single-family residential development, wherein all lots within the development are greater than one-half (1/2) gross acre in size, and Mitigation Fee of $1,000 per residential unit shall be paid, and for agricultural development which requires a development permit, a Mitigation Fee of $2 per square foot of the buildings to be constructed shall be paid provided that at no time shall such fee exceed the amount required to be paid if a fee of $1,950 per gross acre were applied to the parcel proposed for agricultural development. SECTION 7. IMPOSITION OF FEE. No development permit for real property located within the boundaries of the Fee Assessment Area shall be issued or approved except upon the condition that on- site mitigation will be provided as determined through the environmental review process or the Mitigation Fee required by this Ordinance be paid, and it is determined that said development will not jeopardize the implementation of a Habitat Conservation Plan for the Stephens' kangaroo rat. SECTION s. PAYMENT OF FEE. The Mitigation Fee shall be paid upon issuance of a grading permit or a Certificate of Occupancy or upon final inspection, whichever occurs first. Payment of the Mitigation Fee shall satisfy City conditions. of approval previously placed on development permits with regard to impact mitigation for the Stephens' kangaroo rat which have not been previously satisfied and no further review and approval pursuant to the provisions of this ordinance shall be required. SECTION 9. REDUCTION FOR NON-PROFIT ENTITIES. The fees required pursuant to Section 6 shall be reduced by 75 percent for non-profit entities. For purposes of this section, non-profit entities shall be defined as those entities identified in 26 U.S.C. Section 501(c) (3). SECTION 30. EXEMPTIONS. For purposes of this Ordinance, the following types of development shall not be required to pay the AGENDA ITEM NO. PAGE r OF Mitigation Fee unless such development voluntarily participates in order to mitigate the disturbance of occupied Stephens' kangaroo rat habitat: (a) Reconstruction of any structure damaged or destroyed by fire or other natural causes; (b) Rehabilitation or remodeling of existing structures, or additions to existing structures; (c) Development of any parcel for which the California Department of Fish and Game has approved other mitigation procedures; (d) Development of any parcel owned and used by local, state or federal governments for governmental purposes (i.e. public works, schools); (e) Development of any parcel for which the Mitigation Fee has been previously paid. However, in instances where the fee previously paid was the fee for single-family residential development, wherein all lots within the development were greater than 1/2 gross acre in size, and the applicant for a development permit subsequently requests an increase in residential density or a change from a residential to a non-residential use, or in instances where the fee previously paid was the fee for agricultural development and the applicant for a development permit subsequently requests a change from an agricultural to a residential, commercial or industrial use, the fee shall be recalculated for the new density or use pursuant to the provisions of this Ordinance. Any difference between the recalculated fee and the previously paid fee shall be required to be paid by the applicant. (f) The construction of public utility transmission facilities where ground surface is minimal or where substantially all of the disturbed ground surface can be restored to its original condition as may be determined by the Community Development Director. Said exemption shall not include substations, treatment facilities or pumping stations. (g) Development of any parcel for which approval of a tentative tract map, tentative parcel map, conditional use permit, public us permit, plot plan or surface mining permit is sought and said development will not require the construction of new or additional buildings or the grading of the parcel which may be considered negligible for insignificant as determined by the Community Development Director. (h) Development of any parcel for which approval of an amendment, minor change or revision to a tentative tract map or tentative parcel map is sought; or development of any parcel for which approval of a request for substantial conformance or a revised conditional use permit, public use permit or plot plan is sought; and all grading permits necessary for the development of the parcel have previously been issued. SECTTON 11. REFUND. In the event that the fee provided for by the final Habitat Conservation Plan is less than the Mitigation Fee paid, the current property owner of record may apply for a partial refund of said fee. The amount of any refund due shall be determined by the City in its sole discretion after review of said application and shall be limited to the funds collected in l 1 AGENDA ITEM NO. Sb PAGE ,.�p_,_ OF 10 excess of any amount received as a credit against the Interim Habitat Conservation Plan and Mitigation Fee. SECTION 12. FEE ADJUSTMENT. The City Council may periodically review and cause an adjustment to be made to the Mitigation Fee. By amendment to this Ordinance, the fee may be increased or decreased to reflect changes in estimated costs for the development, preparation and implementation of a Habitat Conservation Plan. The adjustment in the fee may also reflect changes in estimated revenues received pursuant to this Ordinance, as well as the availability or lack thereof of other funds with which to prepare and implement the Habitat Conservation Plan. Any adjustment in the fee shall be prospective only and shall become effective as of the date any such amendment is effective, provided, however, that the amount of the Mitigation Fee for any development permit shall be the fee in effect at the time of payment. SECTION 13. FEE ADMINISTRATION. All Mitigation Fees collected pursuant to the provisions of this Ordinance shall be deposited into a Mitigation Fee Account. Funds in said account shall be expanded solely for the development, preparation and implementation of a Habitat Conservation Plan for the Stephens, kangaroo rat, including the acquisition of habitat reserve sites, and for the application for a Section 10(a) permit under the Federal Endangered Species Act of 1973. SECTION 14. VALIDITY. This Ordinance and the various parts, sections and clauses thereof are hereby declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid, the remainder of this ordinance shall not be affected thereby. If any part, sentence, paragraph, section or clause of this Ordinance, or its application to any person or entity is adjudge unconstitutional or invalid, such unconstitutionality or invalidity shall affect only such part, sentence, paragraph, section or clause of this Ordinance, or person or entity; and shall not affect or impair any of the remaining provisions, parts, sentences, paragraphs, sections or clauses of this Ordinance, or its application to other persons or entities. The City Council of the City of Lake Elsinore hereby declares that this Ordinance would have been adopted had such unconstitutional or invalid part, sentence, paragraph, section or clause of this AGENDA ITEM NO. PAGE OF—LQ. Ordinance not been included herein; or had such person or entity been expressly exempted from the application of this Ordinance. SECTION 15. CREDIT. Where a development project is subject to the provisions of a Development Agreement entered into with the City pursuant to the provisions of Government Code Section 65864 et. seq. and the project involves the construction of residential units, the Mitigation Fee required to be paid pursuant to the provisions of this Ordinance shall be reduced by $175 per residential unit. SECTION 16. URGENCY MEASURE. This Ordinance is an urgency measure and shall take effect immediately upon its adoption. Ordinance No. 869 previously provided for termination of the Mitigation Fee upon issuance of a Section 10(a) Permit. It is anticipated that the Secretary of the Interior will approve an Interim Habitat Conservation Plan for the Stephens' kangaroo rat and issue a Section 10(a) permit during the month of July 1990. The Mitigation Fee is a required component of the Interim Habitat Conservation Plan for the Stephens' kangaroo rat. It is therefore necessary that this Ordinance be adopted as an urgency measure in order for the Mitigation Fee to remain in effect and for the immediate preservation of the species and the public peace, health and safety. The City Council declares that this Ordinance shall be construed as a continuation of existing Ordinance No. 869 and not as a new enactment, except as to any provisions of this Ordinance, which are inconsistent therewith. Any development permit previously issued pursuant to Ordinances No. 869, 866, and 859 therewith shall be deemed to comply with this Ordinance. AGENDA ITEM NO.�, PAGE OF..�,�_ PASSED, APPROVED AND ADOPTED this 28th day of August, 1990, upon the following roll call vote AYES: COUNCILMEMBERS: SUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: PHONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 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: John R. Harper, City Attorney City of Lake Elsinore STATE OF CALIFORNIA COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk `f the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoingi rdinance had its first reading on August 28, 1990 and had its second reading on September 11, 1990 and was passed by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Vicki Lynne Kasad, City Clerk City of Lake Elsinore i 5�1 AGENDA ITEM NO. -I.. PAGE, OF STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) i I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. I, of said Council, and that the same has not been amended or `epea]_ed. Vicki Lynne Kasad, City Clerk City of Lake Elsinore ( SEAL) AGENDA ITEM NO. G PAGE OF I 1 1 1. 2. 3. A G E N D A REDEVELOPMENT AGENCY CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 11, 1990 POLICY OF THE REDEVELOPMENT AGENCY: "Only those items filed with the Secretary of the Redevel-opiiient Ayeiiuy by Noon on Tuesday, prior to the following Tuesday meeting, will be considered by the Agency 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. August 28, 1990 — Regular Redevelopment Agency Meeting. B. Warrant List - August 31, 1990. C. Tentative Parcel Map 26326 and Industrial Project 90-5 - Brookstone Development. 4. PUBLIC HEARINGS 5. BUSINESS ITEMS 6. EXECUTIVE DIRECTORS REPORT 7. REPORTS AND RECOMMENDATIONS 8. CLOSED SESSION 9. ADJOURNMENT RECOMMENDATION Approve. Ratify. Concur with Council Action. MINUTES REDEVELOPMENT AGENCY CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 28, 1990 ****************************************************************** 1. CALL TO ORDER The Regular Redevelopment Agency Meeting was called to order by Chairman Buck at 8:29 p.m. 2. ROLL CALL PRESENT: BOARDMEMBERS: DOMINGUEZ, STARKEY, WASHBURN, WINKLER, BUCK ABSENT: BOARDMEMBERS: NONE Also present were: Executive Director Molendyk, Assistant City Manager Rogers, Legal Counsel Hessel, Administrative Services Director Wood, Community Development Director Gunderman, Community Services Manager Sapp (representing the Community Services Director), Public Services Director Kirchner and Clerk of the Board Kasad. 3. CONSENT CALENDAR Boardmember Washburn advised that he would be abstaining from vote on item C. MOVED BY WINKLER, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. A. The following Minutes were approved: 1. August 14, 1990 - Regular Redevelopment Agency Meeting. B. Received and ordered filed the Investment Report for July 31, 1990. C. Approved Property Acquisition and conclusion of escrow for Rodriguez Disposal Company. D. Concurred with Council Action to Approve Tentative Tract Map 26142 for South Lake Estates. E. Concurred with Council Action to Approve Tentative Parcel Map 25717 & Industrial Project 89-12 for Brookstone Development, Inc. F. Concurred with Council Action to Approve Annexation No. 55 and Zone Change 90-7 for Coastal Valley Development. G. Concurred with Council Action to Approve Zone Change 90-10 for George Alongi. H. Concurred with Council Action to Approve the Stephens' Kangaroo Rat Mitigation Fee Ordinance. Executive Director Molendyk advised that there is a need to add the First Amendment to the Owner Participation Agreement for the Lake Elsinore Factory Retail Outlet Project to this agenda for financing purposes and time is of the essence. MOVED BY WINKLER, SECONDED BY STARKEY AND CARRIED BY A VOTE OF 4 TO 0 WITH WASHBURN ABSTAINING TO ADD THIS ITEM TO THE AGENDA. AGENDA ITEM N0.3 Imo_ PACE�_0� �� PAGE TWO - REDEVELOPMENT AGENCY MINUTES - AUGUST 28, 1990 First Amendment to the Owner Participation Agreement for the Lake Elsinore Factory Retail Outlet Protect. Ms. Tranum, representing Best, Best and Krieger, advised that they are the local legal counsel for the Chelsea/McArthur/Glen group and they are requesting this amendment to change the property ownership. The property would be owned by Security Pacific Development and the original owners would become the ground lessees. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY A VOTE OF 4 TO 0 WITH WASHBURN ABSTAINING TO APPROVE THE FIRST AMENDMENT AS PRESENTED. 4. PUBLIC HEARINGS None. 5. BUSINESS ITEMS None. 6. EXECUTIVE DIRECTORS REPORT Executive Director Molendyk requested a closed session regarding property acquisition. 7. REPORTS AND RECOMMENDATIONS None. THE REDEVELOPMENT AGENCY MEETING WAS RECESSED AT 8:35 P.M. THE REDEVELOPMENT AGENCY MEETING RECONVENED AT 8:37 P.M. 8. CLOSED SESSION THE REDEVELOPMENT AGENCY MEETING WAS ADJOURNED TO CLOSED SESSION AT 8:37 P.M. THE REDEVELOPMENT AGENCY MEETING RECONVENED AT 8:55 P.M. NO ACTION TAKEN. 9. ADJOURNMENT MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR REDEVELOPMENT AGENCY MEETING AT 9:56 P.M. ATTEST: VICKI KASAD CLERK OF THE BOARD REDEVELOPMENT AGENCY WILLIAM S. BUCK, CHAIRMAN REDEVELOPMENT AGENCY CITY OF LAKE ELSINORE AGENDA I j ;L:; ":. 3• -'.__. PAGEa _OF�— LAKE ELSINORE-RDA DEMAND/WARRANT REGISTER NO. 91 -021 PAYEE CHER 40 1 DETAIL OF DEMANDS PRESENTED DESCRIPTION A & A INVESTMENTS BALLEW 6 ASSOCIATES, INC. BALLEW & ASSOCIATES, INC. MICHAEL BRANDMAN ASSOCIATES WILLIAM S. BUCK STATE OF CALIFORNIA FRED DOMINGUEZ E.V.M.W.D. E.V.M.W.D. ELSINORE ELECTRIC SUPPLY ELSINORE READY MIX CO., INC. ELSINORE UNIFIED SCHOOL ELSINORE VALLEY COMMUNITY D ELSINORE WATER DISTRICT ENGINEERING & GEOLOGICAL SE FINAL TOUCH MARKETING tINAL TOUCH MARKETING FRED'S ELECTRIC H.T.E. INC. KOBATA ASSOCIATES, INC. CITY OF LAKE ELSINORE LAKE ELSINORE RECREATION PAGE NO. 1 DATE 08/31/90 WARRANT CHECK WRITTEN ACCOUNT CHG'D INV. NO. t AMOUNT NO. AMOUNT 1475 1508 1504 1509 1510 1511: 151E 151= 1505 151A 1502 1515 1516 1517 1518 1519 1 491 1503 152-0 3245.00 19793.70 14535.59 24890.57 60.00 550.00 60.00 13129.00 352^777.43 114.46 356.04 21 477.00 : 4000.00 =. 11130.00 4000.00 r 3341.58 192.67 420.00 10000.00 15211 180.00 1474 45.93 i 1522 3256.00 AGEN DA N3._3 - VS - PAGE OF LAKE ELSINORE-RDA PAGE NO- 2 DEMAND/WARRANT REGISTER NO. 91-021 DATE 08/31/90 OCHER PAYEE WARRANT CHECK NO. DETAIL OF DEMANDS PRESENTED WRITTEN DESCRIPTION ACCOUNTCHG'D INV. NO. AMOUNT NO AMOUNT PETER J. LEHR l ;1523 3000.00 i OFFICE PRODUCTS WAREHOUSE 1524 210.66 THE PLANNING ASSOCIATES 152511 7906.48 R.J.M. DESIGN GROUP, INC. 1526 333.35 RIVERSIDE COUNTY OFFICE OF 1527. 14731.00 SAN JACINTO JUNIOR COLLEGE 1528 2576.00 BILL STARKEY 1529 60.00 STOCKWELL & BINNEY 1530 301.68 TICOR TITLE INSURANCE 1531 7700.00 GARY WASHBURN 1532 60.00 ALBERT A. WEBB ASSOCIATES 1533 39195.55 JIM WINKLER 1534 60.00 JOHN P. NEET 1490 49500.00 CRA ASSOCIATES 1535 119.86 CHARCHOL/HARTMAN & ASSOC. 1536 218.66 CHRISTENSEN & WALLACE 1537 3558.59 CAYTON ELECTRIC 1538 485.001 �BRYSKAR BUSINESS SERVICES 1539 975.00. ROBERT KAHN, JOHN KAIN & ASS I 1540 1355.00 U.S. REAL ESTATE REGISTER 1541 1600.00 k ITEM �;�� • 1GF Of aJ� LAKE ELSINORE-RDA DEMAND/WARRANT REGISTER NO. 91-021 PAYEE DETAIL OF NO DEMANDS PRESENTED NO DESCRIPTION ACCOUNT CHG'D RECAP BY FUND OPERATING FUND - AREA I OPERATING FUND - AREA II OPERATING FUND - AREA III 910 920 1930 INV. NO. PAGE NO. 3 DATE 08/31/90 WARRANT CHECK WRITTEN AMOUNT NO. AMOUNT BITTEN 200429.14 REPAID 421072.66 CCRUED .00 OTAL 621501.80. RE-PAIDIRITTEN ! 130238.92 96030.47 119832.19 15949.82 171001.55. 88448.85 AGENDA TEM N r` PACE dF REPORT TO CITY COUNCIL/REDEVELOPMENT AGENCY DATE: September 11 1990 SUBJECT: Tentative Parcel �Map 26326 and Industrial Pro'ect 90-5: Brookstone Development; a request for apRroval of a 25 lot industrial subdivision with _reciprocal access and maintenance agreements and design review approval for approximately 202,000 scruare feet of industrial buildings. t6l�_� PREPARED BY: APPROVED BY: Saied Naaseh Davenderman Associate Planner Comm Dev. Dir. APPROVED BY • ,t._,, on Mo ' City Manager BACKGROUND On August 15, 1990 the Planning Commission held a public hearing and recommended the City Council adopt Negative Declaration 90-20 and approve Tentative Parcel Map 26326 and Industrial Project 90-5 by a 5-0 vote. DISCUSSION The Planning Commission expressed major concerns regarding the proposed forty foot (401), two-way, private drive and the fifteen foot (151) landscaping on each side of it. They determined that the only reason the applicant proposed the private drive was to avoid the required twenty foot (201) landscape setback. This twenty foot (201) setback would have been required if it was a public street. The Planning Commission felt that approving the project as proposed would set a precedent for future developments in regards to providing the required landscaping and private streets. Therefore, the project was conditioned (Condition No. 63) to have a thirty foot (301) one-way private drive and twenty feet (201) of landscaping on each side of it. The applicant agreed with the conditions and the project was approved with the addition of this condition. However, since then, the applicant has proposed a new site plan retaining the forty foot (401) two-way private drive and providing the required twenty foot (201) landscaping on each side of it. This new site plan was designed, since the applicant did not feel the one-way private drive would serve the project adequately. The desired landscaping was achieved through a 6,540 square foot reduction in total building area. Staff has determined that the change is in substantial compliance with the approved site plan and has addressed the Planning Commission's concerns about landscaping. AGENDA ITEM IVO. I_ `,�-- PAGE l C1F�_ Page 2 September 11, 1990 Subject: Tentative Parcel Map 26326; Industrial Project 90-5 It should be noted that in order to change this private drive to a public street it would require an additional ten feet (101) of parkway landscaping for a total right-of-way width of fifty feet (501) and landscaping of twenty-five (251) on each side of it. The applicant has expressed that this scenario would make the project infeasible due to substantial reduction in building square footage. Condition Number 63 has been amended to read as follows: "The private two-way street shall have a forty foot (401) width and twenty foot (201) landscaping on each side of it." RECOMMENDATION It is recommended City Council adopt Negative Declaration 90-20, approve Tentative Parcel Map 26326 and Industrial Project 90-5 based on the Findings and subject to the attached Conditions of Approval. FINDINGS For Private Streets 1. There are adequate provisions for their construction and continued maintenance. 2. Welfare of the occupants of the development will be adequately served. 3. The public welfare will not be impaired. Tentative Parcel Map 26326 1. The project meets the Goals and Objectives of the General Plan and the M-1 Zoning Standards. 2. The project, as conditioned, complies with the City's Subdivision Standards. 3. The proposal, as conditioned, will be compatible with existing and proposed development in the area; therefore, it will not create any adverse effect on abutting properties. 4., The project, as conditioned, will not have significant impact on the environment. Industrial Project 90-5 1. The project, as approved, will comply with the Goals and Objectives of the General Plan and the M-1 Zoning District. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. 3. Conditions and safeguards pursuant to Section 17.82. 070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to insure development of the property in accordance with the objectives of Chapter 17.82 and the M-1 District. 4. The project, as conditioned, will not .have significant impact on the environment. 5. The site is suitable for this type of development. AGENDA ITEM HQ. PAGE �6F_ A -_