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04/22/2008 CC Reports
CITY OF LAKE ELSINORE CITY COUNCIL AGENDA DARYL HICKMAN, MAYOR GENIE KELLEY, MAYOR PRO TEM THOMAS BUCKLEY, COUNCILMAN ROBERT E. "BOB" MAGEE, COUNCILMAN W W W.LAKE- ELSINORE.ORG (951) 674 -3124 PHONE (951) 674 -2392 FAX LAKE ELSINORE CULTURAL CENTER ROBERT SCHIFFNER, COUNCILMAN 163 NORTH MAIN STREET ROBERT A. BRADY, CITY MANAGER LAKE ELSINORE, CA 92530 TUESDAY, APRIL 22, 2008 STUDY SESSION AT 4:00 P.M. CLOSED SESSION AT 5:00 P.M. PUBLIC SESSION AT 7:00 P.M. The City of Lake Elsinore appreciates your attendance. Citizens' interest provides the Council and Agency with valuable information regarding issues of the community. Meetings are held on the 2nd and 4th Tuesday of every month. In addition, meetings are televised live on Time Warner Cable Station Channel 29 and Verizon Subscribers can view the meetings on Channel 31. If you are attending this City Council Meeting, please park in the parking lot across the street from the Cultural Center. This will assist us in limiting the impact of meetings on the Downtown Business District. Thank you for your cooperation. The agenda is posted 72 hours prior to each meeting outside of City Hall and is available at each meeting. The agenda and related reports are also available at the City Clerk's Office on the Friday prior to the Council meeting and are available on the City's web site at www.lake- elsinore.org. Any writings distributed within 72 hours of the meeting will be made available to the public at the time it is distributed to the City Council. In compliance with the Americans with Disabilities Act, any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the City Clerk's Office at (951) 674 -3124, ext. 262, at least 48 hours before the meeting to make reasonable arrangements to ensure accessibility. CALL TO ORDER -- 5:00 P.M. CLOSED SESSION (1a) CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 1 potential case (1 b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Property: APN 377 -231 -028 City Negotiator: City Manager Brady Negotiating parties: City of Lake Elsinore, Estelle Muniz, Verl Nelson, and James Nelson Under negotiation: Price and terms of payment CALL BACK TO ORDER (7:00 P.M.) PLEDGE OF ALLEGIANCE The Pledge of Allegiance will be presented by Shaun Richardson from Boy Scout Troop 332. INVOCATION — MOMENT OF SILENT PRAYER ROLL CALL CLOSED SESSION REPORT PRESENTATIONS /CEREMONIALS (2) Mayor Hickman will present a proclamation in recognition of Motorcycle Awareness Month. (3) Mayor Hickman will present a proclamation in recognition of Donate Life California Month. (4) Mayor Hickman will present a proclamation in recognition of April being Autism Month. (5) Mayor Hickman will present a proclamation in recognition of Earth Day and recognize students from the Lake Elsinore Unified School District. (6) Mayor Hickman will present a plaque to A & M Automotive, Inc. for Business of the Quarter. (7) A representative from the Lake Elsinore Chamber of Commerce will be providing an update on Chamber activities. PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE (Please read & complete a Speaker's Form at the podium, prior to the start of the City Council Meeting.) (Please read & complete a Speaker's Form at the podium, prior to the start of the City Council Meeting. The Mayor will call on you to speak, when your item is called.) CONSENT CALENDAR (All matters on the Consent Calendar are approved on one motion, unless a Councilmember or any member of the public requests separate action on a specific item.) (8) Minutes of the Following Meetings) a) Joint City Council /Redevelopment Agency Study Session — April 8, 2008. b) Regular Meeting — April 8, 2008. Recommendation: Approve as submitted. (9) Warrant List Dated April 15, 2008 Recommendation: Authorize payment of Warrant List dated April 15, 2008. (10) Investment Report— March 2008 Recommendation: Receive and file. (11) Authorization for City Manager to Enter into Contract with Environmental Science Associates (ESA) to Prepare CEQA Compliance Documents for the Project Known as "Greenwald Commercial Center" Recommendation: City Council authorize the City Manager to enter into a contract with ESA not to exceed $28,250. (12) A Resolution Supporting the Integrated Regional Watershed Management Plan for the San Jacinto River Watershed Recommendation: Waive further reading and adopt a resolution supporting the San Jacinto Integrated Regional Watershed Management Plan. (13) Award Consultant Contract for Design of Grand Avenue Pavement Rehabilitation Recommendation: Award the consultant contract to the firm of MetroPointe Engineers for an amount not to exceed $54,914 for preparation of plans and specifications of Grand Avenue. (14) Approve Transfer of CDBG Funds Recommendation: Approve the transfer of CDBG Funds from Dangerous Structure Abatement and from City Park Play Equipment Replacement to the Curb, Gutter, Sidewalk Construction, and Replacement Program. (15) Status of the General Plan Update and Environmental Impact Report Recommendation: Receive and file. PUBLIC HEARINGS (16) Tentative Parcel Map 33163 Recommendation: Waive further reading and adopt a resolution approving Tentative Parcel Map No. 33163. (17) Zoning Ordinance Text Amendment No. 2008 -02; Adding Chapter 17.26 "Density Bonuses" to the Lake Elsinore Municipal Code Regarding the Establishment of Density Bonuses and Other Incentives Linked to Affordable Housing Development, Childcare Facilities and Land Donations Recommendation: Waive further reading and introduce an ordinance adding Chapter 17.26 of the Lake Elsinore Municipal Code regarding Density Bonuses. APPEALS) (18) Appeal of the Planning Commission's Decision to Deny Conditional Use Permit 2006 -17 and Minor Design Review for the Project Known as the "Terry Thielen Boat House Recommendation: City Council deny the appeal of the Planning Commission's decision to deny Conditional Use Permit No. 2006 -17 and the Minor Design Review and uphold the Planning Commission's decision to deny Conditional Use Permit No. 2006 -17 and the Minor Design Review for the proposed "boat house" located at 17937 Lakeshore Drive. BUSINESS ITEMS (19) Ridgestone Apartment Project Status Recommendation: Receive and file. (20) Residential Design Review 2007 -11 for the Design and Construction of an Eight Unit Apartment Complex and Associated Improvements Recommendation: a) Waive further reading and adopt a resolution adopting findings that the entitlements are consistent with the Multiple Species Habitat Conservation Plan (MSHCP). b) Waive further reading and adopt a resolution approving Residential Design Review No. 2007 -11. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES (Please read & complete a Speaker's Form at the Podium, prior to the Start of the City Council Meeting) CITY MANAGER COMMENTS CITY ATTORNEY COMMENTS CITY TREASURER COMMENTS CITY COUNCIL COMMENTS ADJOURNMENT The Lake Elsinore City Council will adjourn to a regular meeting to be held on Tuesday, May 13, 2008, at 5:00 p.m. to be held in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. AFFIDAVIT OF POSTING I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, do hereby affirm that a copy of the foregoing agenda was posted at City Hall, 72 hours in advance of this meeting. Hss // / 8 di)o VIVIAN M. MUNSON DATE CITY CLERK CITY OFAtl,'S�_ LADE LSII` ORE DREAM EXTREME ni REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: APRIL 22, 2008 SUBJECT: CLOSED SESSION REPORT Discussion (1a) CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 1 potential case (1 b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Property: APN 377 -231 -028 City Negotiator: City Manager Brady Negotiating parties: City of Lake Elsinore, Estelle Muniz, Verl Nelson, and James Nelson Under negotiation: Price and terms of payment Recommendation Recess prior to adjournment of tonight's meeting in order to conduct an executive (closed) session. Approved by: Robert A. Brad City Manager Agenda Item No. 1 Page 1 of 1 CITY OF LADE OLSIRORJE DREAM E?(TREME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: APRIL 22, 2008 SUBJECT: PRESENTATION Discussion Mayor Hickman will present a proclamation in recognition Motorcycle Awareness Month. Approved by: Robert A. Brady /��j City Manager �J�f' Agenda Item No. 2 Page 1 of 1 CITY OF LAKE jBiROKE DREAM EXTREME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: APRIL 22, 2008 SUBJECT: PRESENTATION Discussion Mayor Hickman will present a proclamation in recognition of Donate Life California Month. Approved by: Robert A. Brady City Manager Agenda Item No. 3 Page 1 of 1 CITY OF LSMORE DREAM EXTREME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: APRIL 22, 2008 SUBJECT: PRESENTATION Discussion Mayor Hickman will present a proclamation in recognition of April being Autism Month. Approved by: Robert A. Brag, City Manager Agenda Item No. 4 Page 1 of 1 CITY OF LAKE t'' ,L 1fi0 DREAM EXTREME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: APRIL 22, 2008 SUBJECT: PRESENTATION Discussion Mayor Hickman will present a proclamation in recognition of Earth Day and recognize students from the Lake Elsinore Unified School District. Approved by: Robert A. Brady City Manager Agenda Item No. 5 Page 1 of 1 REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: APRIL 22, 2008 SUBJECT: PRESENTATION TO THE BUSINESS OF THE QUARTER Discussion Mayor Hickman will present a plaque to A & M Automotive, Inc. for Business of the Quarter. Approved by: Robert A. Brady City Manager Agenda Item No. 6 Page 1 of 1 CITY OF LADE ,, LSIIYCJF\E DREAM EXTREME of rx REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: APRIL 22, 2008 SUBJECT: CHAMBER OF COMMERCE UPDATE DISCUSSION A representative from the Lake Elsinore Chamber of Commerce will be providing an update on Chamber activities. RECOMMENDATION Receive and file. Approved by: Robert A. Brady City Manager Iuuu Agenda Item No. 7 Page 1 of 1 MINUTES JOINT CITY COUNCIL /REDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 8, 2008 CALL TO ORDER Mayor Hickman called the Joint Study Session to order at 4:02 p.m. ROLL CALL PRESENT: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: COUNCILMAN BUCKLEY Also present were: City Manager Brady, Assistant City Attorney Mann, City Treasurer Weber, Administrative Services Director Pressey, Parks & Recreation Director Gonzales, Director of Lake and Aquatic Resources Kilroy, Director of Public Works Seumalo, Planning Manager Weiner, Building /Safety, Public Works Manager Payne, Engineering Technician Fields and Code Enforcement Manager Chipman, and City Clerk Munson. DISCUSSION ITEMS Mayor Hickman gave an overview of the presentations and confirmed that the presenters would be present at the 7:00 p.m. meeting. PUBLIC COMMENTS There were no public comments. CONSENT CALENDAR (6) Minutes of the Following Meeting(s) No comments. Agenda Item No. 8 Page 1 of 13 (7) Warrant List Dated March 31, 2008 No comments. (8) Waiver to Allow Alcohol to be Served During the Frontier Days Event No comments. (9) Approval of DMA Monthly Car Shows Councilman Magee inquired if all of the downtown merchants were on the same page. Parks & Recreation Director Gonzales responded he met with the President of the DMA who indicated that he had met with all of the merchants to obtain their support. (10) Network Password Policy No comments. (11) Proposal to Change Contractor for Processing of Parking and Administrative Citations Councilman Magee inquired if the Lake & Aquatic Resources Department was interested in using this new citation process. Lake & Aquatic Resources Director Kilroy responded it would be fabulous to have although they would need the device to have some type of water proof cover. Code Enforcement Manager Chipman explained Data Ticket/Revenue Experts is a company that cannot only process the parking citations but is the only company offering programming and devices to electronically process the Administrative Citations as well. (12) First Amendment to Amended And Restated Agreement For Legal Services No comments. PUBLIC HEARINGS (13) Consideration of Objections to City's Weed Abatement Program Leonard Leichnitz, Lumos Communities, expressed his concerns with the City's process in the past with regarding to the City's Weed Abatement Program and his properties. He indicated by May 1st he will have his lots cleared. FA Agenda Item No. 8 Page 2 of 13 Councilman Magee suggested if Mr. Leichnitz thought there were parcel he was unable to clean, that he met and go out with City staff before May 1" and have staff make a determination then, rather than to have to negotiate the assessment later. BUSINESS ITEMS (14) Adoption of Ordinance No. 1250, Amending Section 9.96.120 of the Lake Elsinore Municipal Code Regarding Speed Limits within the Designated High Speed Zone No comments. (15) Adoption of Ordinance No. 1251, Amending Section 5.28.270 of the Lake Elsinore Municipal Code to Establish No -Limit Wagering in Cardrooms No comments. (16) Adoption of Ordinance No. 1252, Adding Section 8.60 Regarding Abandoned Residential Property Registration Mayor Hickman expressed his concerns to the Assistant City Attorney with regards to banks and realtors who are saying this ordinance was discriminating against the banks. Assistant City Attorney Mann stated this ordinance is narrowly tailored so that it can be more enforceable and directed at the absentee owners. Mayor Hickman inquired if staff has met with the Water District. Code Enforcement Manager Chipman responded staff has met with the Water District who indicated that they hoped the City ordinance would include some type of terminology forcing the maintenance of these properties to initiate the water service, in other words turn the water meter on in someone's name. He indicated staff felt it was not the City responsibility to tell the individuals how to take care of the properties just that they maintain them to a certain quality. REDEVELOPMENT AGENCY CONSENT CALENDAR (2) Approval of Redevelopment Agency Minutes No comments. 3 Agenda Item No. 8 Page 3 of 13 (3) Warrant List Dated March 31, 2008 No comments. (4) First Amendment to Amended and Restated Agreement for Legal Services No comments. PUBLIC HEARINGS There were no public hearings. BUSINESS ITEMS There were no business items. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES There were no public comments. ADJOURNMENT Mayor Hickman adjourned the Joint City Council /Redevelopment Agency Study Session at 4:33 p.m. ATTEST: VIVIAN M. MUNSON, CITY CLERK CITY OF LAKE ELSINORE 0 DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE THOMAS BUCKLEY, CHAIRMAN REDEVELOPMENT AGENCY Agenda Item No. 8 Page 4 of 13 MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 8, 2008 CALL TO ORDER — 5:00 P.M. The Regular City Council Meeting was called to order by Mayor Hickman at 5:00 p.m. CLOSED SESSION Assistant City Attorney Mann indicated the following item was to be discussed during Closed Session: (1) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Property: APN 379 - 204 -016 City Negotiator: City Manager Brady Negotiating parties: City of Lake Elsinore, Albert Saldivar, and Robert Legorreta Under negotiation: Price and terms of payment The Regular City Council meeting was recessed into Closed Session at 5:00 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M) PLEDGE OF ALLEGIANCE Peter Dawson led the audience in the Pledge of Allegiance. INVOCATION — MOMENT OF SILENT PRAYER Mayor Hickman led the meeting in a moment of silent prayer ROLL CALL PRESENT: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: COUNCILMAN BUCKLEY (Arrived at 7:01 p.m.) 1 Agenda Item No. 8 Page 5 of 13 Also present were City Manager Brady, Assistant City Attorney Mann, Administrative Services Director Pressey, Director of Lake and Aquatic Resources Kilroy, Director of Public Works Seumalo, Information /Communications Manager Dennis, Director of Parks and Recreation Gonzales, Chief of Police Fetherolf, Fire Chief Hendershot, Planning Manager Weiner, Building Division Manager Chipman and City Clerk Munson. PRESENTATION /CEREMONIALS (2) Mayor Hickman presented a proclamation to Henry vander Laan and also read a poem Mr. vander Laan wrote. Mr. vander Laan thanked everyone and indicated he was honored to receive the proclamation. (3) Mayor Hickman presented a Certificates of Recognition to Lome Gibbon who volunteered at the Children's Fair and Egg Hunt. (4) Mayor Hickman presented a proclamation to Eagle Scout Garrett Highland. (5) Lake & Aquatic Resources Director Kilroy, Sergeant Yates and Peter Dawson, representing U.S. Coast Guard Artillery, made a presentation to the public for Opening Day of the Lake. CLOSED SESSION REPORT Assistant City Attorney Mann reported on discussions undertaken during Closed Session. No reportable action was taken. PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE Theresa Prijetel, Lemsar, announced the passing of Donna Staples who, along with her husband, who founded Lake Elsinore Marine Search and Rescue and will be missed. Donna Francon, resident, invited all to visit the new web site for the Princess Foundation, a non - profit organization at www. lakeelsinoreprincessfoundation .org. Lorraine Watts, NAACP, announced on Saturday, April 12th, 11:30 — 2:00 p.m., the NAACP will be holding their Annual Scholarship luncheon at Lakeside High School. Pete Dawson, resident, addressed the problem of Quagga Mussels and discussed how the mussels could affect the lake, the water pipes, pumps, the aeration and the fan system. He stated he hoped the City Council takes this problem seriously. 2 Agenda Item No. 8 Page 6 of 13 Chris Hyland, resident, expressed her concerns with Ulla Lane not being dedicated as a public street. She indicated Tiller Avenue was to be used as the route for construction trucks to use to access their project. She requested a copy of permits given for building bridges built on Ulla Lane. Mike Matthews, resident, expressed his concern with the lack of construction being done on Allen Street to address the water runoff problem. Public Works /City Engineer Seumalo responded there have been two drainage issues; the drainage issue going down Allan Street and in the back. He indicated he spoke with Fairfield this morning who stated they were working on the grading for the signal at Chris Circle which is a condition of their project. He noted CalTrans insisted that the leg of the intersection be constructed. He indicated his conversation with Fairfield was to have the grading at Chris Circle completed and to shift grading operations from there to Fairfield. He also noted one of the conditions that was pending for the construction of the drain was an easement between Shopoff and Fairfield which has been resolved and the construction is free to go with no encumbrance because of the easement and expect construction to begin in a couple of weeks. Councilman Magee inquired if his request will be addressed at the April 22nd City Council meeting. He also noted one of the items he would propose is not to issue any more Certificates of Occupancy until Fairfield is 100% in compliance with everything, including this grading problem. The following items were listed on the Consent Calendar for Council approval: (6) Minutes of the Following Meeting(s) a) Joint City Council /Redevelopment Agency Study Session — March 25, 2008. b) Regular Meeting — March 25, 2008. Recommendation: Approve as submitted. (7) Warrant List Dated March 31, 2008 Recommendation: Authorize payment of Warrant List dated March 31, 2008. (8) Waiver to Allow Alcohol to be Served During the Frontier Days Event Recommendation: Approve request from the Chamber of Commerce for waiver of Lake Elsinore Municipal Code Sections 8.40.040(A) and 9.28.030 and to allow alcohol to be served during the Frontier Days event. Agenda Item No. 8 Page 7 of 13 (9) Approval of DMA Monthly Car Shows Recommendation: Approve Downtown Merchants Association to host a monthly car show which entails street closures and traffic detours. (10) Network Password Pollcy Recommendation: Adopt the Password Policy for inclusion in the City's Personnel Rules and Regulations. (11) Proposal to Change Contractor for Processing of Parking and Administrative Citations Recommendation: The City Council waive the informal bid process and authorize the City Manager to initiate a Professional Services Contract with Data Ticket/Revenue Experts as a sole source provider. (12) First Amendment To Amended And Restated Agreement For Legal Services Recommendation: That the City Council approve the First Amendment to Amended and Restated Agreement for Legal Services and authorize the Mayor to execute the same. Councilman Magee pulled Consent Calendar Item No. 11. Richard Carpenter, Downtown Merchants Association, thanked the City Council for their support and announced the Car Show will begin April 26th and run through the end of November. He stated they have hired a new DJ who will also be in charge of marketing. It was moved by Councilman Magee, and seconded by Mayor Pro Tern Kelley to approve the Consent Calendar Items No. 6 through 10 and Item No. 12, exclusive of Item No. 11. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 4 Agenda Item No. 8 Page 8 of 13 (11) It was moved by Councilman Magee, waive the informal bid process and Professional Services Contract with source provider and add four additiona The following vote resulted: and seconded by Councilman Schiffner to authorize the City Manager to initiate a Data Ticket/Revenue Experts as a sole I devices at a new total cost of $25,155. AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC HEARINGS (13) Mayor Hickman opened the public hearing at 7:47 p.m. Public Works Director /City Engineer presented the staff report. He indicated on May 1s`, the City will begin abatement of private property at a cost of $306 per lot plus .02 cents per square foot. He indicated staff is recommending opening the public hearing and considering objections to this program. Mayor Hickman requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. There being none, Mayor Hickman closed the public hearing at 7:48 p.m. BUSINESS ITEMS (14) 5 Agenda Item No. 8 Page 9 of 13 (15) It was motioned by Mayor Pro Tern Kelley, and seconded by Councilman Buckley to waive further reading and adopt Ordinance No. 1250, as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 9.96.120 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING SPEED LIMITS WITHIN THE DESIGNATED HIGH SPEED ZONE The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE It was motioned by Mayor Pro Tern Kelley, and seconded by Councilman Schiffner to waive further reading and adopt Ordinance No. 1251, as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 5.28.270 OF THE LAKE ELSINORE MUNICIPAL CODE TO ESTABLISH NO -LIMIT WAGERING IN CARDROOMS The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE A Agenda Item No. 8 Page 10 of 13 (16) ABSENT: NONE ABSTAIN: NONE It was motioned by Mayor Pro Tern Kelley, and seconded by Councilman Buckley to waive further reading and adopt Ordinance No. 1252, as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ADDING SECTION 8.60 REGARDING ABANDONED RESIDENTIAL PROPERTY REGISTRATION The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC COMMENTS No public comments. CITY MANAGER COMMENTS City Manager Brady commented on the following: (1) Announced the Lake Elsinore Chamber of Commerce will be holding a Golf Tournament at the Links at Summerly on April 11th, reservations are required, please call 245 -8848. (2) Announced the Farmer's Market, Thursday, April 13th, from 12 — 4:00 p.m. on the corner of Main Street and Peck. 7 Agenda Item No. 8 Page 11 of 13 (3) Announced the Economic Development Corporation (EDC) will hold a luncheon on April 17th at the Diamond Club from 11:30 — 1:30 p.m. For more information call 245 -8848. (4) Announced the Unity in the Community — 5K RunMalk will be on April 19th at the beautiful Lake Elsinore /Stadium course along the lake. Proceeds from this event will be donated to local charities. CITY ATTORNEY COMMENTS No comments. CITY TREASURER COMMENTS Not present. CITY COUNCIL COMMENTS Councilmember Schiffner commented on the following: (1) Thanked everyone for coming and /or listening to the meeting. Councilmember Magee commented on the following: (1) Recognized the passing of Donna Staples and requested the Mayor adjourn the meeting in her honor. Councilmember Buckley commented on the following: No comments. Mayor Pro Tern Kelley commented on the following: No comments. Mayor Hickman commented on the following: (1) Announced the City's Sister City Tahiti need families to house the kids later this summer. If interested call Leslie at (949) 742 -0292. (2) Announced on Saturday, April 12th, 11:30 — 2:00 p.m., the NAACP will be holding their Annual Scholarship luncheon at Lakeside High School. (3) Announced the Farmer's Market, Thursday, April 13th, from 12 — 4:00 p.m. on the corner of Main Street and Peck. 8 Agenda Item No. 8 Page 12 of 13 Mayor Hickman adjourned the meeting in honor of Donna Staples at 7:55 p.m. ATTEST: VIVIAN M.MUNSON CITY CLERK DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE 9 Agenda Item No. 8 Page 13 of 13 CITY OF ink LADE (� LS I O DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: APRIL 22, 2008 SUBJECT: WARRANT LIST DATED APRIL 15, 2008 Discussion The warrant list is a listing of all general checks issued since the prior warrant list. Recommendation Authorize payment of Warrant List dated April 15, 2008. Prepared By: Matt N. Pressey Director Of Administrative Services Approved By: Robert A. Brady City Manager Agenda Item No. 9 Page 1 of 6 APRIL 15 2008 CITY OF LAKE lE]LSINOR E WARRANT SUMMARY FUND# FUND DESCRIPTION TOTAL 100 GENERAL FUND $ 969,120.08 105 MISC. GENERAL PROJECT FUND _ 16,258.81 110 STATE GAS TAX FUND 1,180.98 112 TRANSPORTATION /MEASURE A FUND 6,085.10 ES DIF FUND 130 LIGHTING /LANDSCAPE MAINTENANCE FUND 75,035.91 135 L.L.M.D. NO. 1 FUND 450.00 150 C.D.B.G. FUND 28,634.50 205 _ TRAFFIC IMPACT FEE FUND 297.03 211 STORM DRAIN C.I.P. FUND 783.75 352 A.D. 86 -1 DEBT SERVICE FUND 1,320.94 353 A.D. 89 -1 DEBT SERVICE FUND 2,595.83 356 A.D. 90 -1A DEBT SERVICE FUND 2,569.93 357 _ C.F.D. 2003 -02 DEBT SERVICE FUND 646.97 360 A.D. 93 -1 DEBT SERVICE FUND 7,902.65 363 C.F.D. 88 -3 III A/97 SERIES A DEBT SERVICE FUND 2,975.16 365 C.F.D. 98 -1 SUMMERHILL IMPROVEMENT DEBT SERVICE FUND 3,410.19 368 C.F.D. 2006 -2 VISCAYA DEBT SERVICE FUND 258.79 369 C.F.D. 2004 -3 ROSETTA CANYON DEBT SERVICE FUND 603.84 371 C.F.D. 2005 -1 SERENITY DEBT SERVICE FUND 258.79 372 C.F.D. 2005 -2 ALBERHILL RANCH DEBT SERVICE FUND 431.31 384 C.F.D. 2003 -2 SRS 2006A DEBT SERVICE FUND 646.97 385 C.F.D. 2004 -3 SRS 2006A DEBT SERVICE FUND 603.84 608 TRUST RAT TRUST FUND GRAND TOTAL 4/16/2008 Warrant 041508 3 of 350.00 $ 1,160,367.34 Agenda Item No. 9 Page 2 of 6 APRIL 15 2003 CITY OF LAKE , ]E]LSgl ORE WARRANT LIST CHECK# VENDOR NAME AMOUNT 94349 VOID- CHAMBER ENHANCEMENT GROUP (738.00) 94505 VOID- SHERATON GRAND SACRAMENTO (251.64) 94675 PAUL MCDONNELL, TREASURER 365.44 94676 PRE -PAID LEGAL SERVICES, INC. 155.40 94677 STANDARD INSURANCE COMPANY 10,468.40 94678 STANDARD INSURANCE_ COMPANY 9 399 R1 94679 STANDARD INSURANCE_ COMPANY 289.53 94680 VISION SERVICE PLAN 1.583.92 :7:111:1:1kI:Ikq 1itall-if 94682 SUI HO TSAI & SHU CHEN WU 4,690.02 94683 CITY OF MORENO VALLEY _ _ 25.00 94684 LAKE ELSINORE CHAMBER OF COMMERCE 900.00 94685 FLEXIBLE BENEFITS GROUP 116.00 94687 CHAMBER ENHANCEMENT GROUP 738.00 94688 RIO HONDO COMMUNITY COLLEGE 40.00 94689 STATE COMPENSATION INSURANCE FUND _ _ 20,383.91 94690 ISAIAS PLACINTO 430.00 95491 -95493 A & A JANITORIAL SERVICE _ 5,550.00 95494 ABBACY H HOLDING COMPANY 1.135.55 95496 ACS 2,750.00 95497 ADVENTURES IN ADVERTISING 1,305.66 95498 ALBERT GUERRERO 25.00 95499 _ ALBERTO V. BUSTOS 1,050.00 95500 ALL PHASE REFRIGERATION 1,223.41 95501 ALLIED TRAFFIC EQUIPMENT 416.99 95502 AMERICAN FORENSIC NURSES 39.50 95503 AMERICAN PLANNING ASSOCIATION 230.00 95504 AMERIMARK DIRECT _ _ 70_9.50 95505 ANAHEIM MARRIOT 965.40 EMPLOYMENT 95507 ARTISAN GOLDSMITHS _& AWARDS 10.78 95508 BANK OF AMERICA (0619) CITY MANAGER'S OFFICE 1,348.51 95509 BANK OF AMERICA (0627) T. BUCKLEY 407.62 95511 BANK OF AMERICA (4245) PARKS & RECREATION DEPARTMENT 144.00 95512 BANK OF AMERICA (5400) FIRE STATION #94 950.99 95513 BANK OF AMERICA (6673) LAKE & AQUATIC RESOURCES DEPARTMENT 180.00 95514 BECKER ENGINEERING 3,425.00 95515 WILLIE BELL 614.10 95516 _ BEN CLARK PUBLIC SAFETY TRAINING 302.00 95517 BIO -TOX LABORATORIES 314.29 Ifrl 95519 CA GANG INVESTIGATOR'S ASSOCIATION 525.00 95520 CAL SCHOOL & SPORT 267.24 95521 CAL STATE UNIVERSITY SAN MARCOS _ 350.00 95522 _ CALIFORNIA NARCOTIC OFFICERS ASSOCIATION 35.00 95523 CALIFORNIA SKIER 1,597.71 95524 STATE OF CALIFORNIA 4,180.00 4/1612008 Warrant 041508 40F7 Agenda Item No. 9 Page 3 of 6 APRIL 15 2008 CITY OF LAKE ]ELSINO]EE WARRANT LIST CHECK# VENDOR NAME AMOUNT 95525 STATE OF CALIFORNIA C.S.T.I. 1,300.00 95526 CANON FINANCIAL SERVICES, INC_. 284.81 95527 _ _ _ JOHN CARLSON _ 225.00 95528 FREDDY CHANAME 2,258.50 95529 - CITY & COUNTY SOIL ENGINEERING - -- 2,052.00 95530 --- PATRICK CLARK -- - -- 225.00 95531 CM WASH EQUIPMENT 279.08 95532 COAST TO COAST WIRELESS, INC. 66.62 95533 COMPUTER ALERT SYSTEMS, INC. 160.00 95534 _ _ COOK EQUIPMENT OF ORANGE, INC. _ 1,760.08 95535 CORPORATE HELICOPTERS 337.95 95536 WANDA COSGROVE 1,000.00 95537 KIRTA. COURY 6,367.59 95540 CURRENT SOFTWARE, INC. 2.750.00 95541 D & S ELECTRIC _ 1,92_0.00 95542 DATA QUICK INFORMATION SYSTEMS 95543 RAMIRO DELGADO 150.00 95545 DEPUTY FRED BOMINIER 251.64 95546 DEPUTY ROBERT STEWART 200.00 95547 DIRECTV 76.98 W1.1-��] 95556 E.S. BABCOCK & SONS, INC. 39.00 95557 ELSINORE ELECTRICAL SUPPLY, INC. 719.04 95558 ELSINORE HOMES, INC. 491.22 95559 -95560 ELSINORE PIONEER LUMBER CO. 555.27 95561 _ ENFORCEMENT TECHNOLOGY, INC. 615.00 95562 _ _ ENVIRONMENTAL CLEANING 4.445.00 95563 ESSCO LAKE ELSINORE _ 4,552.93 95564 -95565 EXCEL LANDSCAPE, INC. 16,261.04 95566 -95567 FEDERAL EXPRESS CORPORATION 428.41 95568 FERGUSON GROUP, L.L.C. 117.98 95569 FIRST AMERICAN CORE LOGIC, INC. 373.35 95570 ENRIQUE FLORES _ 550.00 95571 GALLAGHER BLDG & REMODELING 883.61 95572 GAME TIME 28,634.50 95573 GOLDEN OFFICE TRAILERS, INC. 269.38 95575 LORENA HANCOCK 9,743.75 95576 HARBOR_ FREIGHT TOOLS 469.32 95577 HARRIS & ASSOCIATES, INC. 21,245.00 95578 HEWLETT PACKARD COMPANY 539.83 95580 HYDRO SCAPE PRODUCTS, INC. 488.11 95581 _ IMPACT PROMOTIONAL PRODUCTS 1,684.78 95582 INFOQUEST TECHNOLOGIES, INC. _ 74.85 95583 INLAND EMPIRE LOCK & KEY 63.85 95584 _ INLAND URGENT CARE 76.00 95585 INNOVATIVE DOCUMENT SOLUTIONS 1 Fgg n-i 4/16/2008 Warrant 041508 50F7 Agenda Item No. 9 Page 4 of 6 APRfL IS 2008 CITY OF LAKE ELSINORE WARRANT LIST CHECK# VENDOR NAME AMOUNT 95586 INTERNATIONAL CODE COUNCIL 258.84 95587 JARCO ROOFING 595.0_0 95588 JOHN DEERE LANDSCAPES 737.09 95589 ROBERT JOHNSON _ 384.06 95590 ANNETTE KAPLAN 392.70 95591 KEEP AMERICA BEAUTIFUL, INC. 473.02 95592 KWC ENGINEERS 460.00 95593 LAKE BUICK PONTIAC GME, INC. 1,074.11 95594 LAKE ELSINORE FLORIST & GIFTS 86.15 95595 LAKE TIRE & AUTO, INC. 49.09 95596 LAKE ELSINORE VALLEY CHAMBER OF COMMERCE 16,787.00 95597 LEHMAN BROTHERS, INC. 4,544.79 95598 LEWIS, BRISBOIS, BISCAARD, SMITH, L.L.P. _ 9,835.86 95599 -95600 LOWE'S HOME CENTERS, INC. 1,105.61 95601 MACHADO STORAGE 4,830.25 95602 CHARLES MACKEY JR. 2,775.00 95603 MAP LOGIC CORPORATION 1,200.00 95604 _ SANDRA MASSA - LAVITT 3,600.00 95605 LINDA M. MILLER 6.562 -50 Pi[o] ] I I I AII1Iq 95607 MORROW PLUMBING, INC. 12.07 95608 MORROW PLUMBING, INC. 401.33 .44 VIA1260TWI1@ T9101 `JbblS MYLKS I IKE SUNNLY 90.31 95614_ NBS GOVERNMENT FINANCE GROUP 14,389.35 95615 _ NELSON PAVING, INC. _ 5,333.60 95616 NETCOMP TECHNOLOGIES, INC. 2,296.33 95617 _ NOBLE CONSULTANTS, INC. 3,424.63 95618 NORTH COUNTY TIMES 80.80 95619 OAK GROVE EQUITIES 8,733.54 95620 _ OCB REPROGRAPHICS 23.85 95621 _ PATTON'S OFFICE FURNITURE SOLUTIONS 3,221.02 95622 GUILLERMO PEREZ 150.00 95623 PREMIUM PALOMAR MT. SPRING WATER 278.35 95624 THE PRESS ENTERPRISE 444.05 95625 JOHN PREVITI _ 516.22 95626 -95627 PRUDENTIAL OVERALL SUPPLY 343.36 95628 QUICK CRETE PRODUCTS CORP. 2,211.03 [eli]:7 go] :7_1 95630 QWEST COMMUNICATIONS 1,121.32 95631 RADISSON HOTEL WHITTIER 369.76 RIGHTWAY FLOOD CONTROL RIVERSIDE COUNTY 95635 COUNTY OF RIVERSIDE _ 1,057.26 95636 DANNY O. RODRIGUEZ 79.70 95637 KRISTEN ROOK _ _ _ 500.00 95638 ROTARY CLUB OF LAKE ELSINORE 180.00 95639 SAFETY -KLEEN SERVICES, INC. 75.00 95640 IRMA SALAZAR 349.30 4116/2008 Wartant 041508 6OF7 Agenda Item No. 9 Page 5 of 6 APRIL 15 2008 CITY OF ]LAKE ]EL,S][NORE WARRANT ]LIST CHECK# VENDOR NAME AMOUNT 95641 SAN DIEGAN _ _ 2,110.00 95642 SHERWIN- WILLIAMSCO. 789.59 95643 SHRED -IT 80.00 95644 SMART & FINAL _ 338.75 95645 ROBERT SNIDER 50 -00 SO. CAL INT DAVID S. SOLOMON 95648 -95652 SOUTHERN CALIFORNIA EDISON CO. 49,830.31 95653 SOUTHERN CALIFORNIA GAS CO. 516.07 95654 DANANJASOYSA 272.00 95655 -95656 STAPLES BUSINESS ADVANTAGE 3,253.45 95657 STATE COMPENSATION INSURANCE FUND 78.93 FRAMING 95659 TARGET SPECIALTY PRODUCTS TEAM AUTOAID, INC. 40.00 95660 TEAM AUTOAID, INC. 178.62 95661 TEMECULA MOTORCYCLE SALES & SERVICE _ 969.38 95662 TEMECULA VALLEY PIPE & SUPPLY-- 106.68 95663 __ TIME WARNER CABLE 61.82 95664 TWIN GRAPHICS 204.34 95665 UNIFORM SPECIALIST _ 651.43 95666 _ UNION BANK OF CALIFORNIA 291.34 95667 UNITED PARCEL SERVICE 116.42 95671 VERIZON EQUIPMENT SALES & SERVICE 542.11 95672 VERIZON ONLINE _ 159.95 95673 VILLAGE EQUIPMENT RENTALS, INC. 275.00 95674 MARCELLO VIOLA 340.84 95675 VISTA PAINT CORPORATION Fqa ql 95677 WEST COAST SERVICES 450.00 956_78 _ WEST 00 AST SERVICES WINDOW CLEANING 521.65 95679 WESTERN BANK OF CHINOOK 2,607.49 95680 WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS 79,505.04 95681 WOODCREST VEHICLE 2,072.24 95682 _ WENDY WORTHEY 6,183.00 95683 Z BEST BODY & PAINT SHOPS, INC. 1,109.24 95684 ZONES CORPORATION SOLUTIONS 556.29 95685 911 RESTORATION ENTERPRISES 1,515.00 $ 555,791.82 PIE DATE: 03/28/08 04/11/08 PAYROLLTAXES 61,830.12 04/02/08 FLEX BENEFITS 232.29 04/01/08 CALIFORNIA P.E.R.S. 104,562.77 04/01108 CALIFORNIA P.E.R.S. 4,355.58 GRAND TOTAL $ 1,160,367.34 4/16/2008 Warrant 041508 7 of 7 Agenda Item No. 9 Page 6 of 6 CITY OF r-w LADE (LSII`IO' DREAM EXTREME,. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: APRIL 22, 2008 SUBJECT: INVESTMENT REPORT— MARCH 2008 Discussion The Investment Report is a listing of all funds invested for the City as of the date shown on the report. Recommendation Receive and file. Prepared By: James R. Riley V� Finance Manager Reviewed By: Matt N. Presse Director of Ad m tive Services Approved By: Robert A. Brady City Manager Agenda Item No. 10 Page 1 of 12 CITY OF LAKE ELSINORE INVESTMENT REPORT OF POOLED CASH AND INVESTMENTS AS OF MARCH 31. 2008 ACTIVE ACCOUNTS Bank of America - General Reconciling Items Bank of America - Payroll Bank of America - Flex Benefit Total Active Accounts INVESTMENTS Local Agency Investment Fund Bank of New York -Trust Sweep Account Federal Home Loan Mortgage Corp. Federal Home Loan Bank Federal National Mortgage Association Sub -total Investments Unrealized Gain/ (Loss) at 6 -30 -07 per GASB 31(LAIF) Unrealized Gain/ (Loss) at 6 -30 -07 per GASB 31 (Other) Unrealized Gain/ (Loss) at 6 -30 -07 per GASB 31 (Total) Total Investments Cashier Drawers #1 & #2 City of Lake Elsinore Petty Cash Fund TOTAL POOLED CASH AND INVESTMENTS BANK BALANCE DEPOSITS IN TRANSIT OUTSTANG. CHECKS BOOK BALANCE $2,309,374.84 119,266.83 (797,751.71) 1,630,889.96 130.00 - - 130.00 14,431.07 - (2,148.30) 12,282.77 1,819.25 (846.35) 972.90 2,325,755.16 119,266.83 (800,746.36) 1,644,275.63 35,701,376.75 - - 35,701,376.75 40,741.97 - - 40,741.97 5,000,000.00 - - 5,000,000.00 40,742,118.72 - - 40,742,118.72 (12,160.00) (12,160.00) (37 337.00) (37,337.00) (49,497.00) (49,497.00) 40,692,621.72 - - 40,692,621.72 43,018,376.88 _ 11.9,266.83 (800,746.36) 42,336,897.35 I certify that this report accurately reflects all pooled investments and it is in conformity with the investment policy as approved by the City Council on June 26, 2007. A copy of this policy is available in the office of the City Clerk. The pooled investments shown above provide sufficient cash flow liquidity to meet the next six months estimated expenditures. Matt N. Pressey �ytv� April 22, 2008 Director of Admirii§� e Services Date Pmpamd by: J. Riley, Fire Mampr 300.00 1,000.00 $42,338,197.35 Agenda Item No. 10 Page 2 of 12 Total Pooled Cash & Investments 42 338 197.35 Agenda Item No. 10 Page 3 of 12 CITY OF LAKE ELSINORE POOLED CASH AND INVESTMENTS BY FUND AS OF MARCH 31, 2008 FUND NO FUND NAME AMOUNT 100 General Fund 8,606,180.61 101 Supplemental Law Enforcement Fund 266,329.76 102 Local Law Enforcement Block Grant Fund 20,525.86 103 Office of Traffic Safety Fund 125,183.63 104 Traffic Offender Fund 75,698.18 105 Misc. General Project Fund (214,817.07) 106 Affordable Housing In Lieu Fund 974,596.34 107 Developer Agreement Revenue 1,050,659.49 110 State Gas Tax Fund 1,650,209.17 112 Transportation Fund 1,605,259.71 115 Traffic Safety Fund 439,105.80 116 City Hall - Public Works DIF Fund 901,831.27 117 Community Center OF Fund 579,991.90 118 Lake Side Facility OF Fund 346,433.76 119 Animal Shelter DIF Fund 368,642.20 120 Camino Del Norte DIF 31,864.44 130 Lighting & Landscape Maintenance Fund (748,022.31) 135 #1 Lighting & Landscape Maintenance Fund 82,222.27 140 Geothermal Fund 17,361.58 150 C.D.B.G. Fund (272,383.24) 201 Street C.I.P. Fund 12,578.41 204 Signal C.I.P. Fund 116,378.00 205 Traffic Impact Fee Fund 5,692,930.37 211 Storm Drain C.I.P. Fund 6,980,790.40 221 Park C.I.P. Fund 1,109,515.02 231 Library C.I.P. Fund 1,245,282.00 232 City Fire Protection Fund 642,683.99 254 AD 89 -1 Railroad Canyon Rd. Improvement Fund 145,826.37 257 CFD 90 -2 Tuscany Hills (94,047.50) 259 CFD 90 -3 Construction Fund 101,224.45 266 CFD 2004 -1 Marintiqu 81,685.76 267 CFD 2006 -1 Summedy (1,570.00) 272 CFD 2005 -2 CIP Fund 800.64 351 AD 87 -2 Debt Service Fund 48,230.33 352 AD 86- 1 Debt Service Fund 182,109.42 353 AD 89 -1 Debt Service Fund 325,357.21 356 AD 90 -1 Debt Service Fund 501,455.97 357 CFD 2003 -2 Canyon Hills 182,074.78 358 CFD 91 -2 Debt Service Fund 404,570.88 359 CFD 903 Debt Service Fund (318,703.83) 360 AD 93- 1 Debt Service Fund 1,093,119.28 362 CFD 95 -1(96 Srs.E) Debt Service Fund 212,031.52 363 CFD 88 -3 / 1997 Series F Debt Service Fund 2,116,583.94 364 CFD 88 -3 III B 11997 Series B Debt Service Fund (975,699.00) 365 CFD 98 -1 Summerhill Improvement fund (39,162.91) 366 CFD 2004 -1 Debt Service Fund (75,884.40) 367 CFD 2005 -3 Summedy/ Laing (2,338.98) 368 CFD 2004 -2 Vista Lago 306,417.76 369 CFD 2004 -3 Rosetta Canyon 22,164.89 370 CFD 2005 -x Camino Del Norte 27,966.17 371 CFD 2005 -1 Serenity (25,047.76) 372 CFD 2005 -3 Alberhill Ranch 83,886.71 373 CFD 2005 -5 Wasson Canyon 51,198.65 374 CFD 2005 -4 Lakeview Villas 56,479.69 375 CFD 2005 -1 D. Clurman 45,720.50 376 CFD 2005 -7 La Shade 2,567.49 377 CFD 2006 -X Tessara - 46,714.01 378 CFD 2007 -X TR#31957 59,405.28 379 CFD 2007 -X Marina Village 367.29 380 CFD 2006 -9 Tuscany W 467.87 381 CFD 2006 -10 River LK 50,577.62 382 CFD 2006 -9 Trieste 63,438.51 383 CFD 2007 -X Canyon Hills 62,189.80 384 CFD 2003 -2 SRS 2006A (448,736.54) 385 CFD 2004 -3 SRS 2006A 43,247.01 386 CFD 2007 -4 Mekenna (20,453.75) 387 CFD 2007E Red Kite 1,046,382.15 388 CFD 2007 -6 Holiday (604.80) 604 Endowment Trust Fund 18,414.51 605 Public Improvement Trust Fund 481 ,704.68 606 Mobile Source Air Polution Fund 222,086.71 608 Trust Deposit & Pre Paid Expense 1,384,352.04 610 Kangaroo Rat Trust Fund 4,544.00 611 Developer Agreement Trust Fund 1,587,790.00 616 Fire Station Trust Fund 15.92 620 Cost Recovery System Fund 1,088,839.01 650 CFO 2003 -1 Law & Fire Service Fund 481,612.21 651 CFD 2006 -5 Park, OpnSpc (4,964.35) 652 CFD 2007 -1 Law & Fire 4.758.60 Total Pooled Cash & Investments 42 338 197.35 Agenda Item No. 10 Page 3 of 12 CITY OF LAKE ELSINORE INVESTMENT ACTIVITY SUMMARY FOR THE MONTH ENDING MARCH 31, 2008 Total outstanding investments as of February 29, 2008 PURCHASE MATURITY/ COUPON YIELD TO DATE CALL DATE RATE MATURITY Investment Purchases: Total Purchases Investment Maturities: Total Maturities Investments Called: Total Calls Net increase (decrease) in LAIF Net increase (decrease) in Sweep Account Total outstanding investments as of March 31, 2008 $ 43,001,376.75 COST (2,300,000.00) 40,741.97 $ 40,742,118.72 Agenda Item No. 10 Page 4 of 12 CITY OF LAKE ELSINORE QUARTERLY INVESTMENT ACTIVITY SUMMARY FOR THE QUARTER ENDING MARCH 31, 2008 Total outstanding investments as of December 31, 2007 PURCHASE MATURITY/ COUPON YIELD TO Investment Purchases: DATE CALL DATE RATE MATURITY Total Purchases Investment Maturities: Total Maturities Investments Called FHLB 3133XMXT3 FHLB 3133XDHQ7 FHLB 3133XDHS3 FHLB 3133XMUT6 $ 35,726,896.20 COST 11/19/07 01/19/08 5.250% 5.250% (2,000,000.00) 10/25/05 01/25/08 4.835% 4.835% (1,000,000.00) 10/27/05 01/27/08 5.000% 5.000% (1,000,000.00) 11105/07 02/05/08 5.250% 5.250% (1,000,000.00) Total Calls Net increase (decrease) in LAIF Net increase (decrease) in Sweep Account Total outstanding investments as of March 31, 2008 (5,000,000.00) 20,514,828.03 (10,499,605.51) $ 40,742,118.72 Agenda Item No. 10 Page 5 of 12 r� V z W F z o W W M ,x Fy /ti �I Q� � F O r� W V F W z Ha i a w U A w aw U � a a w F A N ti w z M F CIO O U O H F y wa F m F a z /r U O z z w F .zr 1� vl O N vl O I O C I I I I 0 0 o s O O o O o Z z o Z z N N O N N O O N N b m N O ? U m m E E E G F O o eUp 'S r�i rTi rTi Q N N z z z z z w w w a° w b+ O -+ 1� vl O N vl O I O C I I I I k O O o O o Z z N N O O N N b m N O ? U 1� vl O N vl O I O C I I I I k e o m � ��sss y N N m N O ? U E E E G F eUp 'S r�i rTi rTi Q n n n n w w w a° w ��00000� n °o °oQ °ooQ c^n QoQ Q QQ 1� vl O N vl O I O C I I I I I C E E F x x O F n m a� b W W O N 0 0 0 N T a `n r m V W S w v w v v A O N V v t F a w h_ E C W v Y 0 C G G ti N 9 � A F u m `n ti 9 . w v v � o �b � y v 5 v ' y v tO v v z c E 0 F v y' U N L � A j V o' t � 3 C O N G � U V = n pp 'O Q o� C v v [L W 0 a ti = W C � N J C q T U N � O ' U „ E u0. � 0 u � � w O A Agenda Item No. 10 Page 6 of 12 k e o m � ��sss y N N N U E E E G F eUp 'S r�i rTi rTi Q n n n n w w w a° w I C E E F x x O F n m a� b W W O N 0 0 0 N T a `n r m V W S w v w v v A O N V v t F a w h_ E C W v Y 0 C G G ti N 9 � A F u m `n ti 9 . w v v � o �b � y v 5 v ' y v tO v v z c E 0 F v y' U N L � A j V o' t � 3 C O N G � U V = n pp 'O Q o� C v v [L W 0 a ti = W C � N J C q T U N � O ' U „ E u0. � 0 u � � w O A Agenda Item No. 10 Page 6 of 12 �E O as; w� � E Fi R W� Iz U . Agenda Item No. 10 Page 7 of 12 o s ce s a M s° z 0 a w >° N xi M M r ^ bNi vbl h N M M M ^ ^ O O O O O O °O °O °o °o r I - I I H F^ 0 0 0 0 0 0 I .. �o 0 I '.I I W d V d O 1 0 o o S o o a N N N N N Q � Q '•C' U '`C' �.y .� N N .�i p ' G �O a W a a W x o r � a M M M M M F w w w a 3 w w w w w z C o U 8 ^� a m �o m .°.1 10 4 W Agenda Item No. 10 Page 7 of 12 a F ¢ 6 z 00 N N z z z o b� O -• 0 z z 0 0 z z z z ^ ¢ ¢ ¢ ¢ e z z z z o ¢ K K x K K w xxx."'xx ,3 wwwww h ¢ N e A G a w z a z o z 0 w U 8 H Qo U z a z ¢ 0 c4 w � z � a ¢ H M � u, m U zwN M = W vFi x a H b W W U ¢ o .tiUm w F � W F a A U a ro Fi ►I U W E. v Pr Z CC a a z 00 N N z z z o b� O -• 0 z z 0 0 z z z z ^ ¢ ¢ ¢ ¢ e z z z z o ¢ K K x K K w xxx."'xx ,3 wwwww h ¢ N e A G c o M Agenda Item No. 10 Page 8 of 12 c o U 8 a X ¢ � M a A E. v m y Do Z CC a a M H ro u y yC b m m p o 0 Agenda Item No. 10 Page 8 of 12 4 ry r I� Y WF W� Fa � r � C Y U` °o Ni V1 ro 0 6M9 r N v r a O b ' F a O O O O b .Ni vbi m N N v01 vbi c w o m a n ' N m o v vi vi HN y b N b b b b N N C Uw 0 s 00 O F F ¢ x x x x x U [I] r vl N r N W N O O Q N N N 1 O N N r h vl N � !. w v v v v O v O v o M N w 6 z W <n O 4 4 h k 0 � o O r 0 0 o !y M W °o °O °o °O Vl C4 N N CT N V) N V1 O Q ] Q Z Z~+ N N w m °o °o °o h O°o N O N o °o °r °O °O Co °o o° i I m m M M 0 0 °o Ni V1 ro 0 6M9 r N v r a orn o 0 0 0 a °o 0 ~ O O N O F a 6 a a Q U Agenda Item No. 10 Page 9 of 12 O b ' F a v c w o m a n ' N m o v vi vi vi P] h W i N N C 0 s 00 O F F ¢ x x x x x � v 19 S N O 1 O Fy M O d' N ul h vl N � !. F O o v v v v O v O v o M N w W <n O 4 4 h � H !y W Vl C4 N N CT N V) N V1 O Q ] Q Z Z~+ N N h N O N o i I m m 0 0 ''a z zzzz N ti N N U q O I C b C C I C G C Q x' z^ U O ua M x k x orn o 0 0 0 a °o 0 ~ O O N O F a 6 a a Q U Agenda Item No. 10 Page 9 of 12 v x b m v c w o m a n n n 8 G1 P] fA W W N N C 0 s 00 ¢ x x x x x � v F O o v v v v O v O v o orn o 0 0 0 a °o 0 ~ O O N O F a 6 a a Q U Agenda Item No. 10 Page 9 of 12 W ai oq O � � a N a A M � U � W � O � O r F H U S o 0 C; F o 0 0 c 8 d N V3 a E, U A N N C o F O o O F a W F N Vl z o � o F� w QI A v z F W z O � W F > z // O F F F z O o N N _ O o S S N N O O _ e1 Q q x x a a w w J ..1 v U h 3 O 5 A d m � C O O Agenda Item No. 10 Page 10 of 12 CITY OF LAKE ELSINORE SUMMARY OF POLICY LIMITATIONS AS OF MARCH 31, 2008 DESCRIPTION U.S. Treasury Bills U.S. Treasury Notes Federal Agency Issues: FICB FFCB FLB FHLB FNMA FHLMC Banker's Acceptances Certificates of Deposit Negotiable Certificates of Deposits Commercial Paper Medium Term Corporate Notes Repurchase Agreements Reverse Repurchase Agreements LAW (Local Agency Investment Fund) Current Balance Bank of New York - Trust Sweep Account Current Balance TOTAL • of Portfolio Maturing within one year • of Portfolio Maturing or Callable within one year CURRENT PERCENTAGE BASED ON MARKET VALUE AS OF MARCH 31, 2008 0.00% 0.00% 0.00% 0.00% 0.00% 11.72% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% MAXIMUM PERCENTAGE UNLIMITED UNLIMITED UNLIMITED UNLIMITED UNLIMITED UNLIMITED UNLIMITED UNLIMITED 40.00% 25.00% 30.00% 15.00% 30.00% UNLIMITED 20.00% 88.28% UNLIMITED $ 35,701,376.75 0.00% UNLIMITED $ 40,741.97 100.00% 95.09% no less than 25% 100.00% Agenda Item No. 10 Page 11 of 12 CITY OF LAKE ELSINORE PERCENT OF PORTFOLIO INVESTED IN FEDERAL AGENCIES JULY 2005 THROUGH MARCH 2008 (INCEPTION TO DATE) Agenda Item No. 10 Page 12 of 12 TOTAL % OF % OF PORTFOLIO BY AGENCY PORTFOLIO IN MONTH FFCB FHLB FHLMC FNMA FEDERAL AGENCIES July 2005 0.00% 0.00% 0.00% 0.00% 0.00% August 2005 0.00% 0.00% 3.33% 0.00% 3.33% September 2005 0.00% 6.23% 3.12% 0.00% 9.35% October 2005 0.00% 14.23% 2.85% 0.00% 17.08% November 2005 0.00% 18.82% 2.69% 0.00% 21.51% December 2005 0.00% 22.92% 2.86% 0.00% 25.78% January 2006 0.00% 20.74% 2.59% 0.00% 23.33% February 2006 0.00% 21.01% 2.62% 0.00% 23.63% March 2006 0.00% 20.49% 2.55% 0.00% 23.04% April 2006 0.00% 20.59% 2.57% 0.00% 23.16% May 2006 0.00% 19.94% 2.49% 5.02% 27.45% June 2006 0.00% 24.91% 1.91% 3.85% 30.67% July 2006 0.00% 25.26% 1.93% 3.90% 31.09% August 2006 0.00% 28.57% 2.19% 4.41% 35.17% September 2006 0.00% 26.17% 2.37% 4.77% 33.31% October 2006 0.00% 26.26% 2.38% 4.79% 33.43% November 2006 0.00% 24.69% 2.46% 0.00% 27.15% December 2006 0.00% 28.04% 2.54% 0.00% 30.58% January 2007 0.00% 27.59% 2.12% 0.00% 29.71% February 2007 0.00% 26.60% 2.21% 0.00% 28.81% March 2007 0.00% 32.82% 4.68% 0.00% 37.50% April 2007 0.00% 30.05% 4.73% 0.00% 34.78% May 2007 0.00% 31.17% 4.80% 0.00% 35.97% June 2007 0.00% 36.37% 4.28% 0.00% 40.65% July 2007 0.00% 36.07% 4.25% 0.00% 40.32% August 2007 0.00% 41.34% 2.43% 0.00% 43.77% September 2007 0.00% 39.24% 0.00% 0.00% 39.24% October 2007 0.00% 31.02% 0.00% 0.00% 31.02% November 2007 0.00% 29.61% 0.00% 0.00% 29.61% December 2007 0.00% 28.06% 0.00% 0.00% 28.06% January 2008 0.00% 16.79% 0.00% 0.00% 16.79% February 2008 0.00% 11.72% 0.00% 0.00% 11.72% March 2008 0.00% 11.72% 0.00% 0.00% 11.72% AVERAGE 0.00% 23.61% 2.21% 0.81% 26.63% Agenda Item No. 10 Page 12 of 12 CITY OF LADE , LSMOIZE i ` DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: MAY 6, 2008 SUBJECT: AUTHORIZATION FOR CITY MANAGER TO ENTER INTO CONTRACT WITH ENVIRONMENTAL SCIENCE ASSOCIATES (ESA) TO PREPARE CEQA COMPLIANCE DOCUMENTS FOR THE PROJECT KNOWN AS "GREENWALD COMMERCIAL CENTER" Background The City of Lake Elsinore serves as the lead agency to evaluate the environmental impacts of development projects proposed within the City. The Community Development Department is responsible for the preparation of the necessary information and, depending on the scope and size of the project, will either prepare the environmental documents in -house or have a consultant prepare the documents and studies. The cost of preparing the environmental analysis is paid for by the project applicant through the application fee process and cost recovery system. Discussion The project consists of a commercial development on a 13.9 -acre site. Pursuant to the California Environmental Quality Act (CEQA), a determination on the appropriate type of CEQA document will be made by Staff upon completion of an Initial Study (IS) and supporting technical studies. Should the IS provide evidence that all impacts are less than significant or can be mitigated to a level of less- than - significant, a MND will be the appropriate CEQA document for the proposed project. However, should the IS conclude that there will be potentially significant impacts that cannot be mitigated, an Environmental Impact Report (EIR) will be prepared. Based upon the size of the project, and the anticipated level of significance of impacts, the scope prepared by the consultant estimated the costs associated with preparation of an MND. Should an EIR be required, this contract could be amended by the City Council in the future. The proposed cost for ESA to prepare the IS /MND as well as complete the CEQA process for the Greenwald Commercial Center is not to exceed $28,250. Agenda Item No. 11 Page 1 of 16 Fiscal Impact The cost of preparing the environmental review will be paid by fees collected from the applicant through the City's cost recovery program. All staff administrative time and consultant costs are paid from the applicant's fees. There is no cost to the City. Recommendation Staff recommends that the City Council authorize the City Manager to enter into a contract with ESA not to exceed $28,250. Prepared by: Tom Weiner Planning Manager Approved by: Robert A. Brady City Manager Attachments: Vicinity Map ESA Proposal Agenda Item No. 11 Page 2 of 16 ff� Community i Development IM April 4, 2008 Mr. Tom Weiner Planning Manager City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 707 Wilshire Boulevard www.esassoc.com Suite 1450 Los Angeles, CA 90017 213.599.4300 phone 213.599.4301 fax Subject. Revised Proposal for Greenwald Commercial Project Initial Study /MND Dear Tom: ESA is pleased at the opportunity to offer our services and expertise to the City of Lake Elsinore for the Greenwald Commercial project. We fully understand the City's requirements for competent and responsive consultant support for this project. We feel that ESA would be the best choice to complete the California Environmental Quality Act (CEQA) documentation and the City's requirements for objective and unbiased environmental analysis. The project site is located within the northwest area of the City, adjacent to the City of Canyon Lake. Regional access to the site is currently provided by Interstate 15 (I -15). The primary access to the site will be from Greenwald Avenue on the south end of the project site (easterly of the extension of Summerhill Drive). The proposed project includes development of approximately 104,447 square feet of commercial/retail uses on approximately 13.9 acres. We understand that an Initial Study and technical reports will be required to explore potential project related impacts and presumably to form the basis of a Mitigated Negative Declaration (MND) should evidence exist that all impacts can be mitigated to "less than significant" levels. Technical reports that are required for the project would include the following: air quality (including greenhouse gas emissions), biological resources, cultural resources, geophysical resources, hazardous materials assessment, hydrology /drainage and water quality (conceptual Water Quality Management Plan), noise, and transportation/ circulation. We understand that technical reports including all land planning and civil engineering studies, hydrology, water quality, and grading plans are anticipated to be provided by the applicant or their consultant. We have included time to review all technical reports and make recommendations to City staff on their content and validity. ESA assumes that coordination of technical consultants for the project will be handled by the applicant. We have also included optional tasks for completion of air quality and acoustical technical studies w should the applicant wish to have these prepared by ESA. The following outlines ESA's proposed scope of work and associated costs to prepare an Initial Study for the proposed project. Agenda Item No. 11 Page 4 of 16 Community .a_ . Development Tom Weiner April 4, 2008 Page 2 Scope of Work This scope of work has been developed based upon CEQA statute and guideline requirements and assumes that all project engineering, architectural, and land planning will be completed by others. The scope of work also assumes that all technical reports provided to ESA are adequate. Task 1 — Project Management /Coordination Project management/coordination and attendance at meetings will occur under this task. We anticipate approximately eight hours per month for project management/coordination for the duration of the project (10 months). We have also included costs for two (2) meetings with City staff and the project team. ESA is available to attend additional meetings and public hearings if required, although the cost for these meetings is not included in this scope of work. hi addition, we can be prepared to attend additional community or agency meetings, if required and we will work with the City to adjust the work program/budget as necessary. Task 2 — Draft Initial Study/ MND ESA will prepare an Administrative Draft Initial Study /MND for submittal to the City and applicant for review. This will be based on the most recent CEQA Guidelines (Appendix G) and will include comprehensive backup documentation for each environmental factor evaluated to ensure that adequate information is provided to substantiate the finding for an MND. The Initial Study will include the following: • Project Description: The project description will be based on existing information and include the project location and setting, site characteristics, project objectives and the characteristics of the project. This section will also include the requested permits and approvals for the proposed project. • Initial Study Checklist (per the CEQA Guidelines): - Aesthetics: open space views of the project site will be modified by the project. The consistency of the proposed project with visual quality and design policies and guidelines of the City's General Plan will be discussed. The project will also be evaluated for potential light and glare impacts on nearby uses. Agricultural Resources: the project site is currently zoned Cl (Neighborhood Commercial), no agricultural resources are located on the project site. Air Quality: the proposed project could result temporary and long -term emissions of criteria pollutants due to construction activities and vehicle trips associated with the proposed project. The Initial Study will include incorporate the applicant's consultant's analysis of construction and operations criteria air pollutant emissions using South Coast Air Quality Management District Agenda Item No. 11 Page 5 of 16 ``�' , Community a Development _140. Tom Weiner April 4, 2008 Page 3 (SCAQMD) criteria. In addition, greenhouse gas emissions will be required to be evaluated. We assume that this will be included with the air quality technical report to be prepared by others. Biological Resources: a Multiple Species Habitat Conservation Plan (MSHCP) consistency Determination has been completed for the project. This section of the Initial Study will be based on biological reports provided by the applicant's consultant. Cultural Resources: a Phase I archaeology report has been completed for the project. The Initial Study will be based on the technical report provided by the applicant's consultant. - Geology and Soils: the project site could be subject to seismic hazards. Elevations on the site vary from 1,420 to 1,720 feet with a maximum relief of 300 feet and therefore residential units could be located on a geologic unit that is unstable or result in erosion or loss of topsoil. This section will be based on the geotechnical report provided by the applicant. - Hazards and Hazardous Materials: the Initial Study will describe the potential hazardous materials impacts based on Phase I Environmental Site Assessment to be provided by the applicant. - Hydrology and Water Quality: the Initial Study will describe the change of on -site drainage and potential increases in inundation, sedimentation, and/or damage from water to downstream areas. This analysis will be based on hydrology report and conceptual Water Quality Management Plan to be provided by the applicant. - Land Use and Planning: the General Plan Land Use designation for the site is NC (Neighborhood Commercial); the Initial Study will describe the adjacent land uses and address compatibility of the proposed use with adjacent uses. The project's consistency with the General Plan (existing and/or updated) will be analyzed. - Mineral Resources: no known mineral resources or locally - important mineral resources are located on the project site; impacts are anticipated to be less than significant. - Noise: the proposed project will generate noise associated with construction activities and operational activities due to an increase in local traffic. The project site is located to adjacent residential uses in the City of Canyon Lake. The Initial Study will be based on the technical report provided by the applicant's consultant. - Population and Housing: the proposed project would not generate any new residents or provide or displace any housing; impacts are anticipated to be less than significant. Agenda Item No. 11 Page 6 of 16 J ACommunity Development A Tom Weiner April 4, 2008 Page 4 - Public Services: the proposed project will not result in additional population; however some public services in the City may be impacted. Service letters will be sent out to service providers to determine the impact of the proposed project on fire and police protection. - Recreation: the project would not place additional demands on recreational facilities; impacts are anticipated to be less than significant. - Transportation/Traffic: the Initial Study will address the potential impacts on traffic and circulation in the project area based on a technical study provided by the applicant. - Utilities and Service Systems: no additional population will be generated by the proposed project; however, the commercial uses will potentially impact utilities and service systems in the City. Service letters will be sent out to service providers to determine the impact of the proposed project regarding wastewater generation, water consumption, and solid waste generation. - Mandatory Findings of Significance: it is anticipated that all potentially significant impacts associated with the proposed project will be mitigated to less than significant. • References/Resources: supporting information sources and resource documents used in the preparation of the Initial Study will be included per 15063 (d)(3) of the CEQA Guidelines. Document production assumption — 2 review copies plus one digital copy Upon receipt of comments on the Administrative Draft Initial Study /MND, ESA will prepare a Draft Initial Study /MND for submittal to the City and applicant. ESA will prepare copies and assist the City in distribution of the document to the required agencies and organizations. Document production assumption — 50 copies and one reproducible original and one digital copy. Each of the 50 copies will include all technical studies on a CD in a backpocket. Task 3 - Final Initial Study /MND At the conclusion of the public review period, ESA will work with City to obtain all comments received on the Draft Initial Study /MND. An Administrative Final Initial Study/MND containing proposed responses to comments and revisions will be prepared once all comments are received. It is assumed that if required, the applicants' technical consultants will provide any necessary input. It is difficult to predict public reaction at this time. For the purposes of this proposal, it is assumed that public reaction to the document will be minimal and that a maximum of eight (8) comment letters will be received on the Initial Study /MND. In the event that the public comments are greater than expected, ESA will meet with the Agenda Item No. 11 Page 7 of 16 k� E Y Community Development i Tom Weiner April 4, 2008 Page 5 City to adjust the work program/budget as necessary. An Administrative Final Initial Study /MND will be submitted to the City and applicant for review. Document production assumption — 2 review copies plus one digital copy Upon incorporation of comments on the Administrative Final Initial Study /MND, ESA will prepare a Final Initial Study/MND for submittal to the City and applicant. ESA assumes that comments on the Administrative Final Initial Study /MND will be minimal. ESA will prepare the appropriate noticing documents and will assist the City in distribution of the document to the required agencies and organizations. The City will provide the CEQA document distribution list for the IS /MND. A mitigation monitoring and reporting program will be prepared for the Final MND. Document production assumption — 25 copies and one reproducible original and one digital copy. The digital copy will be provided to the City in both Microsoft Word and PDFformats. Schedule The Administrative Draft Initial Study/MND can be completed within four weeks of receipt of all technical studies, if the City, applicant, and ESA are confident that no substantial changes to technical studies would occur. The following schedule (Table 1) supports achievement of the major milestones of the project, and the certification of the environmental documentation. TABLE 1 SCHEDULE — GREENWALD COMMERCIAL PROJECT TASK DURATION Task 1 - Project Management/Coordination Ongoing Task 2 —Draft Initial Study /MND Prepare Administrative Draft Initial Study /MND 4 weeks ` City /Project Team Review 2 weeks b Prepare Draft Initial Study /MND 1 week Draft Initial Study /MND Review Period 30 days Task 3 — Final Initial Study /MND Prepare Administrative Final Initial Study /MND 2 weeks a` City /Project Team Review 1 weeks Prepare Final Initial Study /MND 1 week Submit Final Initial Study /MND For Certification 1 day a This preparation period is dependent on receipt of all documents and electronic information. Preparation of the document may overlap with other tasks and sections will be submitted prior to completion of entire document, in order to meet schedule requirements. b This review period is just an estimate, dependent on City schedule. Assumes that technical report authors will provide responses to comments on respective technical issues within one week. Agenda Item No. 11 Page 8 of 16 Community ,P J . Development a ' Tom Weiner April 4, 2008 Page 6 Cost Estimate The following cost estimate (Table 2) has been prepared to outline estimated not to exceed costs to complete the above outlined tasks. Labor expenses will not include ESA's standard communication and reimbursable expenses, including travel/parking, etc. will not include ESA's standard mark -up, per the City's request. TABLE 2 COST ESTIMATE — GREENWALD COMMERCIAL PROJECT TASK COST Task 1 — Project Management/Coordination /Meetings /Public Hearings $2,750 Task 2 — Draft Initial Study /MND $18,500 Task 3 — Final Initial Study /MND /Response to comments & MMRP $4,500 Reimbursable Expenses (in -house copying, mileage, postage, etc.) $2,500 Total $28,250 Our services will be billed monthly on a time- and - materials basis using the attached rate sheet (Attachment A). Our terms and conditions are included as Attachment B. Should the need arise for additional professional services beyond those set forth in the scope of services due to revisions to the project, the regulatory environment, requirements exceeding our specified budget allowances, ESA will only undertake such additional services upon receipt of authorization by the City of Lake Elsinore. The above outlined scope of work and cost estimate are based on information provided by the City of Lake Elsinore, the applicant, and CEQA compliance requirements. Please review the enclosed scope of work and if acceptable, authorize below and return to ESA. We look forward to providing professional environmental consulting services to the City of Lake Elsinore. Sincerely, Eric J, Ruby Vice President /Regional Director Cc: Wendy Worthey, City of Lake Elsinore Dave Jeffers, DJC Consultants Deanna Hansen Director, Community Development Agenda Item No. 11 Page 9 of 16 Attachment A - Standard Hourly Rates Hourly rates for the project team working on the Greenwald project are summarized in the following table. From time to time, ESA retains outside professional and technical labor on a temporary basis to meet peak workload demands. Such contract labor may be charged at regular employee category rates. CATEGORY BILLING RATE Executive Director $227.00 Senior Director II $206.00 Senior Director 1 $191.00 Director II $180.00 Director $175.00 Senior Managing Associate II $165.00 Senior Managing Associate 1 $160.00 Senior Technical Associate II $165.00 Senior Technical Associate 1 $160.00 Managing Associate II $150.00 Managing Associate 1 $145.00 Technical Assoc. 11 $150.00 Technical Assoc. 1 $145.00 Senior Associate 11 $129.00 Senior Associate 1 $118.00 Associate III $103.00 Associate II $ 93.00 Associate 1 $ 82.00 Environmental Tech 11 $ 72.00 Environmental Tech 1 $ 62.00 Senior Admin / Graphics $ 98.00 Administrative / Graphics $ 82.00 Clerical $ 67.00 ESA reserves the right to revise the personnel category rates annually to reflect changes in its operating costs. Agenda Item No. 11 Page 10 of 16 Attachment B - Terms and Conditions Environmental Science Associates Terms and Conditions www.esassoc.com TIES PROFESSIONAL SERVICES AGREEMENT ( "Agreement ") is made and entered into on the date of this contract approval, by and between Environmental Science Associates (hereinafter ESA), a California corporation and the City of Lake Elsinore ( "Client "). In consideration of the undertakings and agreements hereinafter set forth, the parties agree as follows: 1. Services The specific professional services ( "Services ") to be performed by ESA on behalf of Client are described in the attached proposal dated April 1, 2008 attached to this Agreement as the "Proposal ". Client and ESA may amend the services only by written Change Order executed by both parties. All Services authorized by Change Order referencing this Agreement shall be subject to the terms of this Agreement except as otherwise modified in writing by mutual consent. ESA reserves the right to refuse to accept any proposed Change Order tendered by Client. Any schedule requirements applicable to ESA's Services shall be set forth in the proposal or any Change Order. The Services in Exhibit A and the budget for those Services reflect ESA's best professional judgment and are based on the information provided by Client concerning the proposed Project's nature and location as appropriate, ESA's knowledge of and experience with the public agencies likely to become involved; the environmental sensitivity of the Property; and the extent of likely controversy concerning the Project. For Services relating to a document required by CEQA or NEPA, Client understands that the precise requirements for legal adequacy are not defined in the California statute or CEQA Guidelines or in the Code of Federal Regulations and are subject to the judgment and interpretation of public officials and the courts. Client understands that ESA cannot provide a guarantee of the maximum cost and time required to complete the Services called for under this Agreement due to circumstances beyond our control. ESA cannot provide a guarantee that any proposed project that is the subject of the services to be required pursuant to this Agreement will be approved or permitted. ESA's obligations to perform the Services are specifically subject to the issuance of all permits, licenses, approvals or other documents required to enable ESA to perform the Services. 2. Compensation for Services The method of payment by Client, whether on a firm fixed price, a time and materials basis or cost plus fixed fee, together with the applicable rate schedule shall be set forth in the Proposal or any Change Order agreed to by ESA and Client. Client agrees to pay all sales, use, excise, gross receipts or other taxes, imposed upon the services rendered by ESA; any taxes shall be added to the total compensation due ESA. Where the method of payment is on a time and materials basis, ESA shall upon request, furnish to Client a proposed budget for the Services specified. ESA shall not invoice Client for amounts in excess of the specified budget without first obtaining Client's authorization by letter or email. However Client acknowledges that not withstanding any contrary language, ESA's budget shall not be construed as a "guaranteed maximum price" to perform the described Services. 3. Invoices and Payments (a) Invoices shall be submitted periodically. All invoices not contested in writing within fifteen (15) business days of receipt are deemed accepted by Client as true and accurate and Client thereafter waives any objection to Clients invoices which are payable in full. (b) When the method of payment is on a fixed price or lump sum basis, the monthly invoices shall be for the percent of the total fixed price that corresponds with the estimated percent of work completed (technical percent complete) during the prior month, less previous billings. (c) When the method of payment is other than fixed price or lump sum (e.g., time and materials, cost plus fixed fee), invoices shall provide the following information: (i) total number of hours worked in performing the Services, (ii) total labor costs, and (iii) listing of reimbursable expenses itemized by type of charge. Any additional documentation required, or time and materials spent compiling information beyond that supplied by the invoice, are considered additional effort and will be billed to Client. (d) All payments should be remitted to the address indicated in the invoice. Agenda Item No. 11 Page 11 of 16 4. Term This Agreement shall become effective as of the date executed by both parties below and the initial term shall be for the period of performance only; unless otherwise extended in writing. 5. Compliance with Laws and Professional Standards ESA shall perform the Services in accordance with prevailing professional standards and ethics, and in compliance with valid and applicable governmental laws, rules and regulations. If ESA believes that compliance with Client's directions could violate applicable professional standards or ethics, or applicable governmental laws, rules or regulations, then ESA shall so advise Client. Client and ESA shall immediately enter into discussions to arrive at a mutually satisfactory solution. Failing a solution, either party may terminate this Agreement in accordance with Paragraph 16. 6. Standard of Care The Services will be performed on behalf of and solely for the exclusive use of Client and for no others except where Federal or state law mandates oversight by a Federal or state agency. The Services performed by ESA shall be conducted in a manner consistent with generally accepted environmental principles and practices utilized by competent environmental firms in the same locale acting under similar circumstances and conditions at the time services are rendered. EXCEPT AS SET FORTH HEREIN, ESA MAKES NO OTHER REPRESENTATION, GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, IN FACT OR BY LAW, WHETHER OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR OTHERWISE, CONCERNING ANY OF THE SERVICES WHICH MAY BE FURNISHED BY ESA TO CLIENT. 7. Deliverables All deliverables, including, but not limited to, any and all reports, drawings, plans, designs and specifications prepared by ESA hereunder shall become Client's property upon final payment for ESA's Services. ESA shall retain copies of all deliverables for its files. Except in the case of a program EIR or master or a programmatic EIS or unless expressly stated by ESA to the contrary, Client acknowledges that such deliverables are not intended or represented to be suitable for reuse by Client or others on any extension of the project or on any other project. Reuse of the deliverables by Client or third parties without the opportunity for adaptation by ESA and absent ESA's written consent, shall be at the Client's sole risk. 8. ESA Insurance ESA shall maintain, during the term of this Agreement, at least the following insurance coverage: Coverage Limits (a) Worker's Compensation Statutory Coverage A (b) Employer's Liability $100,000 Coverage B (c) Commercial General $1,000,000 Liability each occurrence (d) Comprehensive Automobile $1,000,000 Liability each occurrence (Combined single limit) (e) Professional Liability $1,000,000 per claim $1,000,000 aggregate Insurance described in (c) and (d) shall list Client as an additional insured. All insurance coverage described above shall provide for 30 days prior notice to Client of cancellation in coverage. Certificates of insurance evidencing insurance required under this Paragraph will be provided at the request of Client. Upon request, ESA shall furnish copies of insurance certificates evidencing that it maintains at least the above insurance coverage. 9. Limitation of ESA's Liability to Client ESA and Client have discussed the risks and rewards associated with this project as well as ESA's fee for services. ESA and Client agree to allocate certain of the risks so that, to the fullest extent permitted by law, except for circumstances caused by the willful misconduct of ESA, all claims for damages of any kind arising out of the Services furnished under this Agreement and any Change Orders to this Agreement, including attorneys fees and costs, asserted against ESA by Client, Client's members, Client's architects, Client's contractors, subcontractors, engineers and agents, including claims against ESA's directors, officers, shareholders, employees and agents, are limited to the greater of (i) $50,000; or (ii) the total invoiced dollar value of the Services provided by ESA under this Agreement. ESA is not responsible for any special, incidental, indirect or consequential damages (including loss of profits) incurred by Client as a result of ESA's performance or nonperformance of Services. Said limitation shall apply regardless of the legal basis for the claim including but not limited to claims based on breach of contract, professional or ordinary negligence, or breach of warranty. Client aAff }8991&MN& 11 �C�� Page 12 of 16 indemnify ESA against any claim, demand or lawsuit by any third party for damages in excess of the amount set forth in this LIMITATION OF ESA's LIABILITY TO CLIENT provision. 10. ESA's Indemnification of Client Except as provided in Paragraph 10 or limited by Paragraph 11, ESA shall indemnify and hold harmless Client and its directors, officers, employees and agents from and against any and all losses, damages, claims, liability, and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorney's fees) which any or all of them may hereafter incur, be responsible for or pay out as a result of bodily injuries (including death) to any person, or damage (including loss of use) to any property (public or private), or contamination of or adverse effects on the environment, to the extent caused by (i) the negligent acts, negligent omissions or willful misconduct of ESA in the performance of the Services; or (ii) ESA's breach of this Agreement. 11. Client's Indemnification of ESA Client shall defend, indemnify and hold harmless ESA and its shareholders, directors, officers, employees and agents from and against any and all losses, damages, claims, liability and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorney's fees) which any or all of them may hereafter incur, be responsible for or pay out as a result of bodily injuries (including death) to any person, or damage (including loss of use) to any property (public or private), or contamination of or adverse effects on the environment, arising out of or which are connected with (i) the negligent acts negligent omissions or willful misconduct of Client or Client's employees, agents, contractors or subcontractors; (ii) Client's breach of this Agreement, or (iii)any third party claims or claims for indemnity or contribution arising out of associated Services, except if caused by Consultant's willful misconduct or gross negligence. 12. Required Disclosures by Client (a) Client shall provide ESA all information that is known or readily accessible to Client, which may be reasonable and/or necessary for completion of the Services by ESA. (b) Prior to the commencement of the Services on a Project, or at any time thereafter when new information becomes available to Client, Client will provide prompt, full and complete disclosure to ESA of known or potential hazardous conditions or risks to the health or safety of ESA's employees, agents and subcontractors that may be encountered at the Project site or in connection with the performance of the Services. 13. Modifications to Work Client or ESA may request modifications or changes in the scope of Services to be performed under a Change Order. Any changes that are mutually agreed upon shall be incorporated into a written modification to the Change Order signed by both ESA and Client. 14. Force Majeure Neither the Client nor ESA shall hold the other responsible for damages or delays in performance caused by Force Majeure or other events beyond the control of the other party and that could not reasonably have been anticipated or prevented. For purposes of this Agreement, Force Majeure shall include, but not necessarily be limited to, adverse weather conditions, floods, war, riot, civil unrest, strikes, lockouts and other industrial disturbances; unknown site conditions, accidents, sabotage, fire, loss of permits, failure to obtain permits; court orders; acts of God; acts, orders, laws or regulations of any governmental agency. Should such acts or events occur, the parties to this Agreement shall mutually agree on the terms and conditions upon which the Services may be continued. Failing achievement of such an agreement, either party may terminate this Agreement in accordance with Paragraph 16. 15. Project Delays If ESA is delayed at any time in the progress of the Services for any specific activity under a Change Order (i) by an act, failure to act, or neglect of Client or Client's employees or any other party, (ii) by changes in the scope of Services, or (iii) by delay authorized by Client and agreed to by ESA; then the time for completion shall be extended and an equitable adjustment made to the compensation if delays caused by any of the above events result in additional costs to ESA. Failing achievement of such a revision, ESA may terminate this Agreement in accordance with Paragraph lb. 16. Termination (a) This Agreement may be terminated by either party upon thirty (30) days written notice (i) should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the terminating party; or (ii) whenever the right to terminate is otherwise provided in this Agreement. (b) If Client fails to make payment to ESA for the Services, ESA may, upon fourteen (14) days written notice to Client, suspend performance of the Services under this Agreement. In the event of suspension of the Services, ESA shall have no liability to Client for delay or damage incurred by Client because of such suspension of the Services. (c) Irrespective of which party shall effect termination or the cause therefore, Client shall, within thirty (30) days of termination, Wff W8Mft2fY11V$r 11 Page 13 of 16 Services performed and for costs incurred up to the time of termination, as well as those associated with termination and post - termination activities, such as demobilization, modifying schedules, reassigning personnel. 17. Legal Proceedings (a) In the event that legal action is brought by either parry against the other, the successful party shall be entitled to recover, as part of its damages, its reasonable legal costs and expenses for bringing and maintaining any such action. (b) Client shall be responsible for and pay ESA at its prevailing rates for all time spent by ESA employees in connection with any court, administrative or other legal proceedings with a third party, arising from or relating to Services provided under this Agreement, regardless of whether or not ESA is subpoenaed to appear at such proceedings by Client or any third party. 18. Site Access and Control Client grants to ESA the right of entry to the Project site by ESA, its employees, agents and subcontractors, to perform the Services. If Client does not own the Project site, Client warrants and represents to ESA that Client has the authority and permission of the owner and occupant of the Project site to grant this right of entry to ESA. 19. Information Provided by Client ESA shall indicate to Client the information needed for rendering the Services described in each Work Order To the extent that ESA is required to rely solely upon information provided by client, without the opportunity for ESA to appropriately validate the accuracy and reliability of such information, Client agrees to waive any claim against ESA and to indemnify and hold harmless ESA from and against any and all claims, damages, losses, liability, and expenses, including attorney's fees, that may arise from errors, omissions or inaccuracies in existing information provided to ESA by Client or others. 20. Client Representative Client shall designate in each Work Order a person to act as Client's representative with respect to the Services to be performed under that Work Order. Such person shall have complete authority to transmit instructions, receive information, interpret and define Client's policies and decisions with respect to ESA's Services for the Project. 21. Independent Contractor ESA shall have the status of an independent contractor, not that of an agent or employee. ESA shall be solely responsible for the compensation, benefits, contributions and taxes, if any, of its employees, agents and subcontractors. 22. Entire Agreement This Agreement, together with the Proposal constitutes the entire understanding and agreement between the parties relating to the Services provided by ESA to Client and supersedes any and all prior agreements, whether written or oral, that may exist between the parties regarding the Services. This Agreement may be amended only by a written instrument signed by each party. 23. Precedence This Agreement shall take precedence over any inconsistent or contradictory provisions contained in any Client- issued purchase order, requisition, notice to proceed or like document regarding the Services. In the event of a conflict between the terms or conditions of this Agreement and those of any Work Order, the terms and conditions of this Agreement shall control. 24. Governing Law This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of California, excluding any choice of law rules that may direct the application of the laws of any other jurisdiction. 25. Assignment, Successors and Assigns This Agreement shall not be assigned by either party without first obtaining the written consent of the other party, which consent shall not be unreasonably withheld, provided, however, ESA shall have the right to assign this Agreement to any of its subsidiaries. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. 26. Survival All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between Client and ESA shall survive the completion of Services hereunder and the termination of this Agreement. 27. Waiver of Contract Breach The waiver by one party of any breach of this Agreement, or the failure by one party to enforce at any time, or for any period of time, any of the terms and conditions of this Agreement, shall be limited to the particular instance, shall not operate or be deemed to waive any future breaches of this Agreement and shall not be construed to be a waiver of any other provision, except for the particular instance. Agenda Item No. 11 Page 14 of 16 28. Dispute Resolution If any dispute arises out of or relates to this Agreement, or the breach thereof, then said dispute will first be referred to a panel consisting of at least one representative of ESA and of Client having authority to enter into agreements to settle the dispute. The panel will engage in any conference or discussion deemed appropriate under the circumstances to arrive at a settlement of the dispute. If the dispute cannot be settled through direct discussions by the panel representatives of the Parties, the Parties agree then to submit the matter to mediation under the Construction Industry Mediation Rules of the American Arbitration Association before having recourse to a judicial forum. No written or oral representation made during the course of any settlement negotiations or mediation shall be deemed a party admission. In the event mediation fails to resolve the dispute within ninety (90) days or a longer time if agreed to by ESA and Client, ESA and Client agree that the dispute shall be resolved by judicial reference pursuant to the provisions of California Code of Civil Procedure §638- 645.1. The cost of the referee shall be borne equally by each party or in such other manner as deemed equitable by the referee. Any referee must be a retired judge and should be experienced in resolving construction disputes. The referee shall be agreed upon the parties within ten (10) days of the demand for judicial reference. In the event the parties cannot agree on the selection of a referee, any party may petition the Superior Court in the County in which the project is located for the appointment of a qualified retired judge as the referee. Unless otherwise agreed by the parties, the reference proceeding shall be held in San Francisco, California. IN WITNESS THEREOF, the parties hereto have executed this Agreement by their duly authorized agents as of the day and year first above written. Agenda Item No. 11 Page 15 of 16 AUTHORIZATION By signing below, the City of Lake Elsinore and CONSULTANT agree to the Scope of Work, Cost Estimate (based upon rates indicated in Attachment A), and Terms and Conditions (Attachment B). CONSULTANT Na e: Delia dna Hansen Title: irector Com Dev Address: 7o7 Wilshire Blvd Ste 14.o Los Angeles CA goo17 Attest: City Clerk City of Lake Elsinore City of Lake Elsinore By: Name: Robert A. Brady Title: City Manager Address: iw South Main Street Lake Elsinore. CA g2.r,S0 Approved as to Form: Barbara Zeid Leibold, City Attorney City of Lake Elsinore Agenda Item No. 11 Page 16 of 16 CITY OF LAKE �LSINORE - % ` DREAM EXTREME, REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: APRIL 22, 2008 SUBJECT: A RESOLUTION SUPPORTING THE INTEGRATED REGIONAL WATERSHED MANAGEMENT PLAN FOR THE SAN JACINTO RIVER WATERSHED Background The San Jacinto River Watershed Council ( SJRWC) is composed of major stakeholders throughout the Lake Elsinore /San Jacinto River Watersheds. The SJRWC recently completed a California Department of Water Resources Planning Grant Project for the region to assess and improve the beneficial uses of water throughout the watershed. The culmination of the project is a 477 page document that details the challenges and solutions to ensure a sustainable water supply to support the many beneficial uses of water by implementing an integrated watershed management plan. Discussion A watershed is the land that drains into a particular waterway or waterbody when there is sufficient rainfall. Watersheds are by definition an integration of land and the water flowing from the rainwater runoff into the nearest stream, river or lake. The 780 square mile Lake Elsinore watershed encompasses a diverse patchwork of frequently conflicting interests and the San Jacinto River flowing through the region is the thread that binds together the economic, recreational, public health and wildlife concerns. The State of California desires to foster watershed planning efforts and potentially fund integrated solutions to watershed problems. The San Jacinto River Watershed Council recently completed a grant funded watershed planning document to better position the stakeholders within the San Jacinto River Watershed to obtain State funding, especially the $5.4 billion Proposition 84 Water Bond that was approved by state voters in November 2006. Agenda Item No. 12 Page 1 of 15 Resolution Supporting San Jacinto River IRWMP April 22, 2008 Page 2 Fiscal Impact No direct fiscal impact. Improvements to the San Jacinto River Watershed should ultimately improve the water quality of Lake Elsinore, thereby increasing economic development in the City. Recommendation Waive further reading and adopt a resolution in support of the Integrated Regional Watershed Management Plan for the San Jacinto River Watershed. Prepared by: Pat Kilroy Director of Lake and Aquatic Services Approved by: Robert A. Brady City Manager Agenda Item No. 12 Page 2 of 15 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, SUPPORTING THE SAN JACINTO INTEGRATED REGIONAL WATERSHED MANAGEMENT PLAN WHEREAS, Lake Elsinore is the largest natural freshwater lake in southern California; and WHEREAS, Lake Elsinore is listed as an impaired waterbody for nutrients on the 303d list of the Federal Clean Water Act; and WHEREAS, all natural lakes are a product of their watershed; and WHEREAS, excessive nutrients are transported to Lake Elsinore in stormwater runoff from the 760 square mile San Jacinto River watershed upstream; and WHEREAS, the Integrated Regional Watershed Management Plan for the San Jacinto River Watershed provides a comprehensive program to improve the beneficial uses of water throughout the greater Lake Elsinore watershed NOW, THEREFORE, the City Council of the City of Lake Elsinore does hereby resolve as follows: Section 1. Support of the Integrated Regional Watershed Management Plan for the San Jacinto River Watershed as a regional program to ensure the sustainability of water supplies and to effect improvements in surface and groundwater quality. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 22nd day of April 2008. ATTEST: VIVIAN M. MUNSON CITY CLERK CITY OF LAKE ELSINORE DARYL HICKMAN MAYOR CITY OF LAKE ELSINORE 1 Agenda Item No. 12 Page 3 of 15 APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE STATE OF CALIFORNIA ) COUNTY OF RIVERSUDE )ss. CITY OF LAKE ELSINORE ) I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 22ND day of April 2008, and that the same was adopted by the following vote: AYES: NOES: FIRM Yk ABSTAIN: VIVIAN M. MUNSON CITY CLERK 2 Agenda Item No. 12 Page 4 of 15 San Jacinto River Integrated Regional Watershed Management plan December 31, 2007 Prepared for: San Jacinto River Watershed Council 2160 Santa Anita Road Norco, CA 92860 Prepared by: Tetra Tech, Inc. 1230 Columbia Street, Suite 1000 San Diego, CA 92101 WRIME, Inc. 1451 River Park Dr., Ste. 142 Sacramento, CA 95815 Agenda Item No. 12 Page 6 of 15 San Jacinto River Watershed Management Plan Live Summary The San Jacinto River Watershed is home to a wealth of natural resources valued -by both humans and wildlife. Water resources are particularly' important in the watershed due to high demand from urban, agricultural, and recreational users. Communities in the San Jacinto River Watershed area are facing rapid economic growth and urbanization, which is placing pressure on local water supplies and degrading water quality. Agricultural activities are also impacting surface and groundwaters. The nutrient total maximum daily load (TMDL) for Canyon Lake and Lake Elsinore and National Pollutant Discharge Elimination System stormwater permits are regulatory drivers for improved management of water resources. Integrated water resources planning on a regional scale will be essential to ensure the sustainability of water supplies and to effect improvements in surface and groundwater quality. The Integrated Regional Watershed Management Plan (IRWMP) area consists of the San Jacinto River Hydrologic Unit. Most of the watershed (99.75 percent) falls within Riverside County; only a small portion (0.25 percent) extends into Orange County. The San Jacinto San Jacinto Mountains River Watershed is essentially a desert region that is considered to have a Mediterranean climate. The San Jacinto River, Salt Creek, Perris Valley Storm Drain, Mystic Lake, Perris Reservoir, Canyon Lake, and Lake Elsinore are the dominant hydrologic features in the watershed. IRWMP Process and Objectives The San Jacinto River IRWMP integrates input from a wide variety of organizations and individuals with a stake in water resource management issues. Development of this report was led by the San Jacinto River Watershed Council (SJRWC) with financial and in -kind support from a number of member and partnering agencies, including local, state, and federal government agencies; water suppliers; environmental groups; trade organizations; businesses; and individuals. Through a collaborative process, the San Jacinto River Watershed stakeholders identified 10 resource management strategies and associated sub - objectives. San Jacinto Agriculture December 200T iii Agenda Item No. 12 Pace 7 of 15 San Jacinto River Watershed Management Plan 1. Improve surface and ground water quality Surface water Groundwater • Improve groundwater quality • Reduce impacts of septic system discharges • Achieve salt balance in the watershed 2. Ensure the long -term viability of water supplies General • Balance the needs of the upper and lower watersheds • Balance economic and environmental sustainability • Promote conjunctive use of groundwater, surface water, imported water, and recycled water supplies • Consider economic concerns and planned growth in distribution of water and planning for water systems Imports • Utilize imports for direct delivery and recharge Groundwater • Utilize brackish groundwater through desalters • Study withdrawal impacts on lakes • Understand the effects of subsidence • Understand groundwater production and safe yield of the basin Surface water • Use recharge basins to replenish groundwater • Investigate opportunities for in- channel and out -of- channel recharge and storage iv Lake Perris December 2007 Agenda Item No. 12 Page 8 of 15 • Restore and maintain lake levels • Clarify surface water rights for Mystic and Canyon Lakes and Lake Elsinore 3. Provide adequate stormwater and flood control Floodplain management San Jacinto River Watershed Management Plan Stormwater Management ystic Lake • Promote the use of Mystic Lake for stormwater management • Evaluate water quality benefits of controlling stormwater flows to prevent agricultural land inundation between Sanderson Avenue and Mystic Lake, with an emphasis on the "Gap" area Stormwater Recharge • Investigate opportunities for stormwater recharge capture and /or storage • Investigate various water sources for habitat development or enhancement and groundwater recharge in the San Jacinto River • Promote onsite stormwater retention and recharge where appropriate 4. Protect, enhance, and create habitat for wildlife Acquire, preserve, and manage critical habitat (create or maintain linkage corridors) • Mitigate loss of open space and wildlife habitat consistent with the Multi- Species Habitat Conservation Plan ( MSHCP) • Support implementation of the MSHCP corridors and conservation areas • Support implementation of the Special Area Management Plan • Identify and evaluate opportunities to realign the upper San Jacinto River and specific habitat corridors to better integrate water quality, habitat, and flood control management Restore habitat • Identify opportunities to stabilize water tables to protect endangered species • Look for opportunities to incorporate habitat into flood control projects where appropriate • Identify opportunities to restore wetland and riparian areas • Identify opportunities to restore active habitat and wildlife in areas affected by invasive species Arundo, Invasive Species December 2007 v Agenda Item No. 12 Page 9 of 15 San Jacinto River Watershed Management Plan 5. Manage land use to protect natural resources and watershed character Sustainable development • Support sustainable growth through low impact development, smart growth, and other "green" planning techniques • Manage urban growth to fit within current water supplies and reasonable future supplies Preservation of agriculture • Promote projects that sustain agriculture in the San Jacinto River Watershed • Protect the agricultural heritage of the San Jacinto River Watershed Mule Deer Forest management • Investigate environmental impacts of controlled or prescribed burn plans • Evaluate how the Forest Service plan will affect stream flow and water quality • Support projects that reduce forest management impacts on the San Jacinto River, Canyon Lake, and Lake Elsinore 6. Promote water recycling • Identify opportunities for enhanced nutrient removal from wastewater treatment plants • Expand wastewater treatment plant facilities and distribution systems to meet water recycling needs • Promote efficient recycled water use • Explore the use of recycled water for groundwater recharge and lake stabilization • Evaluate and mitigate secondary impacts of wastewater reuse (e.g., impacts of overirrigation or effects on nutrient concentrations in lakes) 7. Expand water conservation programs • Expand water use efficiency programs for the San Jacinto River Watershed • Encourage the use of less water - intensive crops • Promote the use of xeriscaping or native landscaping on existing and newly developing properties 8. Enhance opportunities for parks, recreation, and open space • Investigate opportunities to develop trails and river walkways as part of infrastructure and development projects and provide support infrastructure (e.g., sanitary facilities, trash receptacles) • Identify opportunities to incorporate multiple uses into plans for open space • Explore opportunities to retrofit existing developments to provide open space Foster Lake Vi December 2007 Agenda Item No. 12 Page 10 of 15 9. Weigh environmental justice concerns in watershed decision - making • Support IRWM projects in disadvantaged community areas • Support IRWM projects in tribal communities and underrepresented groups • Consider impacts of habitat land designation /set asides on developing tribes 10. Explore opportunities to address climate change issues with watershed projects • Investigate regenerative and alternative energy water resource projects San Jacinto River Watershed Management PJan Hiking in the Watershed • Research carbon footprint reduction opportunities • Consider energy- saving opportunities in water resource management Additionally, the stakeholder group identified five main watershed priorities that will guide future water management projects: 1. Prioritize projects that offer multiple benefits rather than a single benefit. These include projects that address more than one resource management strategy, incorporate other natural resource priorities such as clean air and climate change, or provide community amenities such as recreation areas. 2. Address environmental justice concerns of disadvantaged communities, which make up 47.9 percent of the San Jacinto River Watershed's communities. This will entail ensuring that future infrastructure and implementation projects do notjust benefit affluent communities but will also provide services and benefits to economically challenged areas and areas with minority populations. Underrepresented groups, such as non - English- speaking minorities and tribal organizations, need to be considered as part of future planning and implementation projects. 3. Ensure that future water management projects further efforts to comply with pollutant load allocations established in the nutrient TMDL for Lake Elsinore and Canyon Lake and address increasing flood control and stormwater management needs resulting from watershed development. 4. Plan future development to prevent nonpoint source pollution from failing septic systems through the use of alternative disposal methods or advanced treatment systems. 5. Assist crop agriculture and dairy operators in implementing best management practices to reduce nutrients in surface waters and to meet salt offset requirements for groundwaters. Irrigated Agriculture December 2008 _ _....... __ __.... .__._. _. _._ _._.... _.._. vii Agenda Item No. 12 Page 11 of 15 San Jacinto River Watershed Management Plan Water Management Projects More than 100 water management projects were submitted by different agencies for inclusion in the San Jacinto River IRWMP. They range in scope from localized to watershed -wide with estimated costs ranging from $40,000 to more than $500 million. Some are ready for implementation while others are conceptual. The broad range of projects span the resource management strategies and address a variety of the watershed challenges described in the report. Of the 110 projects submitted, 95 percent address more than one resource management strategy, and nearly 54 percent of those address four or more strategies. The projects are summarized by agency, project type, project status, and resource management strategy below. Number of projects submitted by each agency Agency Number of Projects City of Hemet 9 City of Lake Elsinore 2 City of Moreno Valley 4 City of Perris 5 City of San Jacinto 6 Eastern Municipal Water District 14 Elsinore Murrieta, Anza Resource Conservation District 1 Elsinore Valley Municipal Water District 3 Lake Elsinore & San Jacinto Watersheds Authority 15 Lake Hemet Municipal Water District 6 National Park Service 1 Riverside County Flood Control and Water Conservation District 17 Riverside County Regional Park and Open -Space District 1 Santa Ana Watershed Association 1 The San Jacinto Basin Resource Conservation District 2 The San Jacinto River Watershed Council 10 USDA - Agricultural Research Service 1 USDA - Agricultural Research Service, U.S. Salinity Laboratory 2 Western Riverside County Agriculture Coalition 8 Western Riverside County Regional Conservation Authority 2 Total 110 vin December 2007 Agenda Item No. 12 Page 12 of 15 San Jacinto River Watershed Management Plan Number of projects submitted of each project type Project Type /Component Number of Projects* Planning 33 Regulatory Compliance 31 Improvement 76 Research and Monitoring 18 Educational 12 *Note that several projects have more than one type /component- all types are tallied above Number of projects in each project status category Project Status Number of Projects Conceptual 81 In Design 4 CEQA/NEPA* in Progress 3 CEQA/NEPA Complete 1 Ready for Construction 0 Ready for Implementation 21 CEQA= California Environmental Quality Act, NEPA = National Environmental Policy Act Number of projects that address each Resource Management Strategy Resource Management Strategy Number of Projects* Water Quality 87 Water Supply 48 Stormwater and Flood Control 42 Habitat 48 Land Use 3 Water Recycling 23 Water Conservation 14 Parks, Recreation and Open Space 37 Environmental Justice 90 Climate Change 19 * Note that most projects meet more than one Resource Management Strategy December 2005 jK Agenda Item No. 12 Page 13 of 15 San Jacinto River Watershed Management Plan Plan Implementation To implement the IRWMP, the SJRWC will take a lead role by helping stakeholders to match grant funding opportunities, watershed priorities, grant funding objectives and priorities. SJRWC will provide every opportunity to work with regional agencies such as the Santa Ana Watershed Project Authority, Orange County Water District, the Eastern Municipal Water District, and Western Municipal Water District's plans. Coordination with federal and state agencies will be critical for effective IRWMP implementation. SJRWC meetings encourage San Jacinto River Watershed Stakeholders representation by local agencies such as the Santa Ana Regional Water Quality Control Board, the U.S. Forest Service, the Bureau of Reclamation, the Lake Elsinore San Jacinto Watersheds Authority and many others. On a larger scale, the SJRWC has worked closely with the California Department of Water Resources on this grant and has worked with the Western Riverside County Ag Coalition and the San Jacinto Basin Resource Conservation District on state consolidated grant efforts. Funding mechanisms that will be considered over the next few years include: 319(h), Proposition 84, 1E Bond, multiple SWRCB consolidated grant efforts, flood management grants, Bureau of Reclamation grants, Supplemental Environmental Projects, and other opportunities as these arise. The SJRWC has planned to update the IRWMP every 5 years or earlier if necessary. The Plan is a "living" document and will serve as a roadmap or guidance document for watershed priorities and objectives for all stakeholders. IRWMP Document Organization The San Jacinto River IRWMP describes the integrated, regional planning process in the San Jacinto River Watershed (Section 1), including key issues facing the watershed and stakeholder objectives. Section 2 includes a characterization of existing watershed conditions, and Section 3 presents anticipated future conditions and concerns. Section 4 summarizes more than 100 individual water management projects that will contribute to meeting water management goals in the context of 10 resource management strategies. Section 5 describes how the IRWMP will be implemented over the longterm by coordinating efforts of multiple organizations and individuals. The appendices include stakeholder involvement and outreach December 2007 Agenda Item No. 12 Page 14 of 15 San Jacinto River Watershed Management Plan critical to understanding nutrient load ingfor the TMDL in the upper watershed. This was the first study in the "Gap" area to address flood management and habitat. The SJRWC takes a holistic approach in addressing stakeholder watershed issues and concerns and will continue to identify gaps in data, evaluate performance on all tasks and grants, measure performance and maintain an adaptive management process for improvingthe watershed. The San Jacinto River IRWMP serves as the cornerstone for addressing water concerns in the San Jacinto River Watershed and providing sustainable water resources for future generations. December 2007 xi Agenda Item No. 12 Page 15 of 15 CITY OF LADELSIIYOIZE DREAM EXTREMEM REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: APRIL 22, 2008 SUBJECT: AWARD CONSULTANT CONTRACT FOR DESIGN OF GRAND AVENUE PAVEMENT REHABILITATION Background Grand Avenue pavement between Machado Street and Riverside Drive (SR -74) is in need of pavement reconstruction. City staff has identified a funding source for design and construction of the pavement repair. Currently, Grand Avenue is included in Capital Improvement plans in the unfunded projects, however, due to this new funding source, staff can begin move forward with the improvement of this roadway segment. Discussion At the direction of City Council, staff has initiated the process to have the pavement on Grand Avenue between Machado Street and Riverside Drive removed and replaced. After reviewing all respondents to a requests for proposal for the design of this project, staff is recommending that the consulting firm of MetroPointe Engineers be awarded the contract to prepare plans and specification for repairing this roadway. Staff is confident this firm is qualified to meet the projects goals. Fiscal Impact MetroPointe Engineering submitted an engineering fee of $54,914 to complete the design work for this project. This estimate includes all necessary work to complete the plans and specifications for this project. With consultant's fee and staff administrative costs, a total of $60,000 is needed. Funding sources are $52,000 from Gas Tax and $8,000 from Measure A. Agenda Item No. 13 Page 1 of 3 Grand Avenue April 22, 2008 Page 2 Contract Award Recommendation Award the consultant contract to the firm of MetroPointe Engineers for an amount not to exceed $54,914 for preparation of plans and specifications of Grand Avenue. Prepared by: David S. Solomon Project Engineer Ken A. Seumalo OY Director of Public Works Approved by: Robert A. Brady�(� City Manager Attachment: Vicinity Map Agenda Item No. 13 Page 2 of 3 VICINITY MAP GRAND AVENUE PAVEMENT REHABILITATION CITY COUNCIL Agenda Item No. 13 Page 3 of 3 CITY OF LSIIYOU DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: APRIL 22, 2008 SUBJECT: APPROVE TRANSFER OF CDBG FUNDS Background On October 11, 2005, City Council approved the 2005 -2006 Supplemental Agreement issued by Riverside County Economic Development Agency to identify eligible projects reimbursable through the Community Development Block Grant (CDBG). The 2005- 2006 agreement included the City's Curb, Gutter, Sidewalk Construction, and Replacement Program. Discussion Staff investigated the availability of additional CDBG funding for the Curb, Gutter and Sidewalk project and the County allowed the City to reallocate $161,199 of our unused dollars towards this project. At their regular scheduled meeting on October 9, 2007, City Council approved this allocation. Recently, staff has been notified by the County that there is a balance of $153,507.98 remaining to be reimbursed to the City. It is probable this amount will revert back to the County, if we do not submit all reimbursement requests for 2006 -2007 projects to the County by the deadline date of May 15, 2008. In order to ensure we are receiving our total allocations, it is in the best interest of the City to transfer these remaining funds into the existing Curb, Gutter and Sidewalk Project to further offset the total project amount of $725,050. The City Park Play Equipment Replacement (1.LE103) project was completed in March, and there is an unused remaining balance of $37,757.34. In addition, there is an unused remaining balance of $115,750.64 for Dangerous Structure Abatement (1.LE105) projects. The total amount of $153,507.98 will be transferred to Curb, Gutter, and Sidewalk. Agenda Item No. 14 Page 1 of 2 Approve Transfer of CDBG Funds April 22, 2008 Page 2 Fiscal Impact There is no impact to City funds. Recommendation 1. Approve the transfer of CDBG funds from Dangerous Structure Abatement and from City Park Play Equipment Replacement to the Curb, Gutter, Sidewalk Construction, and Replacement Program. Prepared by: Claudia Davis 05�1 Parks and Recreation Analyst Approved by: Ken A. Seumalo v�#5 Director of Public Works Approved by: Robert A. Bradyq City Manager Agenda Item No. 14 Page 2 of 2 CITY OF LADE LSIAOR, -�%` DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: APRIL 22, 2008 SUBJECT: STATUS OF THE GENERAL PLAN UPDATE AND ENVIRONMENTAL IMPACT REPORT Discussion: The General Plan Update was noticed and considered at the regularly scheduled Planning Commission Hearing on April 15, 2008. A number of land use requests and comments were presented to the Planning Commission, to which Staff and the Commission carefully considered and deliberated. The next Planning Commission Meeting regarding the General Plan Update is scheduled for April 29, 2008 @ 6:00 PM in the Cultural Center. Recommendation: Receive and file. Prepared by: Rolfe M. Preisendanz Director of Community DevelopmenoK--� Approved by: Robert A. Brady City Manager Agenda Item No. 15 Page 1 of 1 CITY OF ink L A U LSIIYOKE DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: APRIL 22, 2008 SUBJECT: PUBLIC HEARING - TENTATIVE PARCEL MAP NO. 33163 Background The Planning Commission recommended City Council approval for Industrial Design Review No. 2005 -03 on November 1, 2005. Subsequently, the City Council approved the Industrial Design Review No. 2005 -03 on November 22, 2005. The approvals allowed for the ultimate development and construction of three (3) industrial buildings on the subject property. The applicant is now proposing to subdivide the identified property for the creation of three (3) individual parcels consistent with the approved buildings, in that the proposed subdivision and development standards (i.e. setbacks, lot size, lot frontage) comply with Chapter 17.56 (Limited Manufacturing District), of the Lake Elsinore Municipal Code, Section 16 "Subdivisions" of the Lake Elsinore Municipal Code, Section(s) 66424 and 66427 of the California Subdivision Map Act (CSMA). Discussion The project was presented to the City of Lake Elsinore Planning Commission on April 1, 2008 for review and consideration. Items for discussion at this meeting included the existing development and the proposed project layout. Ultimately, the Planning Commission expressed satisfaction with the proposed project and voted unanimously to recommend that the City Council approve Tentative Parcel Map No. 33163. Fiscal Impact The development, including the three (3) industrial buildings under construction on site, will have a positive fiscal impact to the existing industrial area and to the City, in that the project will generate increased sales tax revenue and will expand the availability of job opportunities within the City. Agenda Item No. 16 Page 1 of 16 Public Hearing Tentative Parcel Map 33163 April 22, 2008 Page 2 of 2 Recommendation 1. Waive further reading and adopt a resolution approving Tentative Parcel Map No. 33163. Prepared by: Kirt A. Coury rll-�- Project Planner Approved by : Robert A. Brady City Manager Attachments: 1. Vicinity Map 2. City Council Resolution approving Tentative Parcel Map No. 33163 3. Final Conditions of Approval 4. Planning Commission Staff Report with Exhibits dated April 1, 2008 5. Full Sized Plans Agenda Item No. 16 Page 2 of 16 VICINITY MAP TENTATIVE PARCEL MAP NO. 33163 LOCATED AT THE NORTHEAST CORNER OF MINTHORN STREETAND 3rd STREET Agenda Item No. 16 Page 3 of 16 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 33163 WHEREAS, an application has been filed with the City of Lake Elsinore by Byron N. Bishop, Bishop Construction, to subdivide certain property designated as Limited Manufacturing into three (3) lots, on 1.69 acres of vacant land located at the northeast corner of Minthorn and 3rd Street(s), Assessor Parcel Number (APN) 377 -151- 045; and WHEREAS, the City Council of the City of Lake Elsinore, California, is responsible for reviewing and making decisions pertaining to the subdivision of land; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA ") and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.), this project has been deemed exempt pursuant to Section 15315 (Minor Land Divisions); and WHEREAS, the City Council has considered the Planning Commission's April 1, 2008, recommendation, and evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on April 22, 2008. NOW, THEREFORE, the City Council of the City of Lake Elsinore, California, does hereby resolve as follows: Section 1. The City Council has considered the proposed request for Tentative Parcel Map No. 33163 prior to making a decision. The City Council finds and determines that the Tentative Parcel Map request is consistent with the Lake Elsinore Municipal Code and the State Subdivision Map Act. Section 2. The City Council has considered the proposed project prior to making a decision to approve Tentative Parcel Map No. 33163. The City Council finds and determines that pursuant to the California Environmental Quality Act (CEQA) (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA ") and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.), this project has been deemed exempt pursuant to Section 15315 (Minor Land Divisions) because this division of property involves; (1) property that is in an urbanized area, (2) property that is zoned for industrial use, (3) a subdivision into fewer than four parcels, and (4) a subdivision that conforms with the General Plan and zoning such that no variances or exceptions are required. Moreover, all services and access to the proposed parcels are available and comply with local standards. The parcel was not involved in a division of a larger parcel within the previous two years and the parcel does not have an average slope greater than 20 %. Therefore, no further environmental clearance is necessary. t Agenda Item No. 16 Page 4 of 16 Section 3. That in accordance with State Planning and Zoning law and the City of Lake Elsinore, the following findings for the approval of Tentative Parcel Map No. 33163 have been made as follows. 1. The Subdivision, together with the provisions for the design and improvement, are consistent with the General Plan; Zoning Code; Title 16 of the Municipal Code relating to Subdivisions; and the State Subdivision Map Act. The project is consistent with the designated land use planning area, development and design standards, and all other appropriate requirements contained in the General Plan, Zoning Code, City Municipal Code, and Subdivision Map Act. 2. The Subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The project is consistent with the land use plan, development and design standards and programs, and all other appropriate requirements contained in the General Plan. 3. The effects this Subdivision is likely to have upon the housing needs of the region, the public service requirements of its residents, and the available fiscal and environmental resources have been considered and balanced. The project is consistent with the City's General Plan and Zoning Code, will provide necessary public services and facilities, will pay all appropriate fees, and will not result in any adverse environmental impact. 4. The design of the Subdivision provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3). The Subdivision will comply with all appropriate conservation requirements of the City and Uniform Building Code. Section 4. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Tentative Parcel Map, the City Council hereby approves Tentative Parcel Map No. 33163. Section 5. This Resolution shall take effect from and after the date of its passage and adoption. 2 Agenda Item No. 16 Page 5 of 16 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 22nd day of April, 2008 DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE ATTEST: VIVIAN M. MUNSON, CITY CLERK CITY OF LAKE ELSINORE APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 22nd day of April 2008, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: VIVIAN M. MUNSON CITY CLERK 3 Agenda Item No. 16 Page 6 of 16 CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP NO. 33163 GENERAL 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the project attached hereto. 2. The project shall comply all conditions of approval associated with Industrial Design Review No. 2005 -03. PLANNING DIVISION TENTATIVE PARCEL MAP NO. 33163 3. Tentative Parcel Map No. 33163 will expire two (2) years from date of approval unless within that period of time an appropriate instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act and the LEMC. 4. The Tentative Parcel Map shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 5. Prior to final certificate of occupancy of the Tentative Parcel Map, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 6. All lots shall comply with minimum standards contained in the LEMC. 7. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 8. The applicant shall comply with all conditions of the Riverside County Fire Department. 9. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 10. The applicant shall comply with the following City programs: the City Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. Agenda Item No. 16 Page 7 of 16 CONDITIONS OF APPROVAL PAGE 2OF3 TPM 33163 11. Prior to issuance of building permit, the applicant shall submit a letter of verification (will - serve letter) to the City Engineer, for all required utility services. 12.The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 13. The applicant shall pay all applicable fees including park fees. 14. The applicant shall meet all requirements of the providing electric utility company. 15. The applicant shall meet all requirements of the providing gas utility company. 16. The applicant shall meet all requirements of the providing telephone utility company. 17.A bond is required guaranteeing the removal of all trailers used during construction. 18. Prior to issuance of a certificate of occupancy, the applicant shall prepare and record CC &R's against the limited manufacturing business park requested herein. The CC &R's shall be reviewed and approved by the Community Development Director or Designee and the City Attorney. The CC &R's shall include methods of maintaining common areas, parking and drive aisle areas, landscaped areas including parkways, and methods for common maintenance of all underground, and above ground utility infrastructure improvements necessary to support the complex. In addition, CC &R's shall established methods to address design improvements. 19. Each building owner shall have full access to commonly owned areas (parking), facilities and utilities. ENGINEERING DIVISION 20. Provide Parcel Map per current Subdivision Map Act to be reviewed and approved by the City Engineer, prior to recordation. 21.All parcels shall have direct access to public right -of -way or be provided with minimum of 30 feet of ingress and egress easement to public right -of -way, by means of a reciprocal easement between properties. Provide specific means for construction and maintenance of the improvements within the easements. 22. Install permanent survey monuments in compliance with the City's municipal code. COMMUNITY SERVICES DEPARTMENT 23. The Developer shall pay park fees in the amount of $0.10 per square foot for all interior commercial space. Agenda Item No. 16 Page 8 of 16 CONDITIONS OF APPROVAL PAGE 3 OF 3 TPM 33163 24. Developer shall participate in the City -wide Landscape and Lighting Maintenance District. 25. Developer shall comply with all City Ordinances regarding construction debris removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code. RIVERSIDE COUNTY FIRE DEPARTMENT 26.The applicant shall comply with all Riverside County Fire Departments requirements and standards. Provide fire protection facilities as required in writing by the Riverside County Fire Department. ELSINORE VALLEY MUNICIPAL WATER DISTRICT 27. The applicant shall request a "will serve' letter from the Elsinore Valley Municipal Water District. Submit the 'Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to issuance of a building permit. Agenda Item No. 16 Page 9 of 16 CITY OF LADE ,LSIHOP E DREAM EXTREME,. CITY OF LAKE ELSINORE REPORT TO THE PLANNING COMMISSION TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: APRIL 1, 2008 PREPARED BY: KIRT A. COURY, PLANNING CONSULTANT PROJECT TENTATIVE PARCEL MAP NO. 33163 APPLICANT: SAXON ENGINEERING, 1030 CALLE SOMBRA, SUITE #A2, SAN CLEMENTE, CA 92673 OWNER: BYRON N. BISHOP, BISHOP CONSTRUCTION, 17162 ORANGE DRIVE, YORBA LINDA, CA 92886 PROJECT REQUEST The applicant is proposing to subdivide 1.69 acres of land into three (3) individual parcels pursuant to the requirements of Chapter 17.56 (Limited Manufacturing District), of the Lake Elsinore Municipal. Code, Section 16 "Subdivisions" of the Lake Elsinore Municipal Code (LEMC), and Section(s) 66424 and 66427 of the California Subdivision Map Act (CSMA). PROJECT LOCATION The 1.69 acre project site is located at the northeast corner of Minthorn and 3`d Street(s), Assessor Parcel Number (APN) 377 -151 -045. Access to the project site is available from both Minthorn and 3'd Street(s). ENVIRONMENTAL SETTING The site is bounded on the north commercial manufacturing uses, and on the south, east, and west by existing industrial business park uses. Agenda Item No. 16 Page 10 of 16 PLANNING COMMISSION STAFF REPORT TENTATIVE PARCEL MAP NO. 33163 APRIL 1, 2008 M -1 (Limited Manufacturing) Site I Buildings Business Park North Industrial C- M(Commercial Business Park deemed Business Manufacturing) site is not within a Park result of existing South Industrial M -1 (Limited Manufacturing) Business Park Business Park West Industrial M -1 (Limited Manufacturing) Business Park Business Park East Industrial M -1 (Limited Manufacturing) Business Park Business Park PROJECT DESCRIPTION The proposed parcel map will subdivide the aforementioned 1.69 -acres of limited manufacturing zoned land into three (3) separate parcels. Parcel No. 1 will be .532 acres (23,195 square feet), Parcel No. 2 will be .544 acres (23,708 square feet), and Parcel No. 3 will be .534 acres (23,259 square feet). It should be noted that the site is currently developed with three (3) industrial buildings. ANALYSIS The Planning Commission recommended City Council approval for Industrial Design Review No. 2005 -03 on November 1, 2005. Subsequently, the City Council approved the Industrial Design Review No. 2005 -03 on November 22, 2005. The approvals allowed for the ultimate development and construction of three (3) industrial buildings on the subject property. The applicant is now proposing to subdivide the identified property for the creation of three (3) individual parcels consistent with the approved buildings, in that the proposed subdivision and development standards (i.e. setbacks, lot size, lot frontage) comply with Chapter 17.56 (Limited Manufacturing District), of the Lake Elsinore Municipal Code, Section 16 "Subdivisions" of the Lake Elsinore Municipal Code, Section(s) 66424 and 66427 of the California Subdivision Map Act (CSMA). ENVIRONMENTAL DETERMINATION Pursuant to the California Environmental Quality Act (CEQA), this project has been deemed exempt pursuant to Section 15315 (Minor Land Divisions). The site is not within a MSHCP Criteria Cell, and is already developed. As a result of existing Agenda Item No. 16 Page 11 of 16 PLANNING COMMISSION STAFF REPORT TENTATIVE PARCEL MAP NO. 33163 APRIL 1, 2008 development, there are no potential impacts to any species or habitat covered by the MSHCP. No further environmental clearance is necessary. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2008 - recommending to the City Council approval of Tentative Parcel Map No. 33163. This recommendation is based on the findings, exhibits and conditions of approval attached to this Staff Report. PREPARED BY: Kirt A. Coury, Project Planner APPROVED BY: Rolfe M. Preisendanz, Director of Community Development ATTACHMENTS 1. Vicinity Map 2. Resolution No. 2008 - recommending that the City Council approve Tentative Parcel Map No. 33163. 3. Conditions of Approval. 4. Exhibits: 'A': Tentative Parcel Map No. 33163 (reduction) 'B': Full Size Plan Agenda Item No. 16 Page 12 of 16 RESOLUTION NO. 2008 -31 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF TENTATIVE PARCEL MAP NO. 33163 WHEREAS, an application has been filed with the City of Lake Elsinore by Byron N. Bishop, Bishop Construction, to subdivide certain property into three (3) parcels for Limited Manufacturing lots; and WHEREAS, the Subdivision is located at the northeast corner of Minthorn and 3`d Street(s), Assessor Parcel Number (APN) 377 - 151 -045. Access to the project site is available from both Minthorn and 3rd Street(s); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council pertaining to the subdivision of land; and WHEREAS, public notice of the Subdivision has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on April 1, 2008. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the Subdivision prior to making a decision to recommend that the City Council approve the application. The Planning Commission hereby finds and determines that the Subdivision complies with the requirements of Title 16 of the Lake Elsinore Municipal Code. SECTION 2. The Planning Commission finds and determines that in accordance with CEQA Guidelines Section 15315 (Minor Land Divisions). No further environmental clearance is necessary. SECTION 3. That in accordance with the Subdivision Map Act and requirements of the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of Tentative Parcel Map No. 33163: 1. The Subdivision, together with the provisions for the design and improvement, are consistent with the General Plan; Zoning Code; Title 16 of the Municipal Code relating to Subdivisions; and the State Subdivision Map Act. The project is consistent with the designated land use planning area, development and design standards, and all other appropriate requirements contained in the General Plan, Zoning Code, City Municipal Code, and Subdivision Map Act. Agenda Item No. 16 Page 13 of 16 PLANNING COMMISSION RESOLUTION 2008 -31 PAGE 2 OF 3 2. The Subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The project is consistent with the land use plan, development and design standards and programs, and all other appropriate requirements contained in the General Plan. 3. The effects this Subdivision is likely to have upon the housing needs of the region, the public service requirements of its residents, and the available fiscal and environmental resources have been considered and balanced. The project is consistent with the City's General Plan and Zoning Code, will provide necessary public services and facilities, will pay all appropriate fees, and will not result in any adverse environmental impact. 4. The design of the Subdivision provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3). The Subdivision will comply with all appropriate conservation requirements of the City and Uniform Building Code. SECTION 4. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the subdivision, the Planning Commission hereby recommends that the City Council approve Tentative Parcel Map No. 33163. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 1st day of April 2008, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, FLORES, MENDOZA,ZANELLI NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Agenda Item No. 16 Page 14 of 16 PLANNING COMMISSION RESOLUTION 2008 -31 PAGE 3OF3 ATTEST: Rolfe M. Preisendanz Director of Community Development Michael O'Neal, Chairman Lake Elsinore Planning Commission Agenda Item No. 16 Page 15 of 16 0 ' C � �'�� ��x��� ��a� leg �� � �y�8�� "•���`. y y 4 a3a 7� i�` @ � 333 i ggd �A� o 3 assn 53 L a$ - d y If! g3 cap ? g $ NOR I Wr4'^` 851 .f d�ir' »,.- '� �"✓� � F I� € -- __ A W o V 4 € } 2 4f I elm v-1 ea�owaw �-_'� f_—j6 I — IHI r IF W W h `fir y - W } lox. V ti '"� I �: - v: Q. Flu V 4 I y ixi 64 4n „ OQh; I 2? i, r�t 4 4 r" a \IR Ike\ AFt I I\ I I II I I { I I ss �� tl e� CITY OF LADE LSIAORE DREAM EjCTREME, REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: APRIL 22, 2008 SUBJECT: ZONING ORDINANCE TEXT AMENDMENT NO. 2008 -02; ADDING CHAPTER 17.26 "DENSITY BONUSES" TO THE LAKE ELSINORE MUNICIPAL CODE REGARDING THE ESTABLISHMENT OF DENSITY BONUSES AND OTHER INCENTIVES LINKED TO AFFORDABLE HOUSING DEVELOPMENTS, CHILDCARE FACILITIES, AND LAND DONATIONS Background According to state law, all cities are required to adopt ordinances specifying how compliance with the California Density Bonus and Incentive Law (Cal. Gov. Code Section 65915 et seq: "DBIL ") shall be achieved. The purpose of this report is to present information to the City Council regarding a proposed text amendment to the Lake Elsinore Municipal Code which would establish density bonuses and other incentives linked to eligible affordable /senior housing developments, childcare facilities, and land donations within the City of Lake Elsinore. Discussion At their regularly scheduled Planning Commission meeting of April 1, 2008, staff presented a report regarding the establishment of new text amendment relative to density bonuses and other incentives linked to affordable housing developments, childcare facilities and land donations. Ultimately, the Planning Commission unanimously recommended City Council adoption of the Negative Declaration and approval of the proposed text amendment. Fiscal Impact Higher densities may cause additional infrastructure costs, which may be proportionately offset by the additional residents contributing to sales tax revenue. The proposed text amendment would not change the overall scope or complexity of planning, zoning, or development standards and as such would require a less than significant amount of additional staff time or resources to administer. Ultimately, there Agenda Item No. 17 Page 1 of 101 Density Bonus Ordinance April 22, 2008 Page 2 would be no foreseeable negative fiscal impact to the City resulting from the administration or enforcement of the proposed ordinance. To the extent that monitoring the affordability of the resulting projects for 30 -55 years would cost the City money, the City may establish fees to cover its monitoring activities. Recommendation Waive further reading and introduce an ordinance adding Chapter 17.26 of the Lake Elsinore Municipal Code regarding Density Bonuses. Prepared by: Rolfe M. Preisendanz Director of Community Development Approved by: Robert A. Brady City Manager A( Attachments: Density Bonus Ordinance Planning Commission Staff Report and Resolution Negative Declaration Agenda Item No. 17 Page 2 of 101 ORDINANCE NO. 2008- ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 17.26 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING DENSITY BONUSES WHEREAS, California Government Code Section 65915 requires that each city adopt an ordinance establishing local procedures for the administration of density bonuses and incentives; and WHEREAS, the City of Lake Elsinore desires to add Chapter 17.26 of the Lake Elsinore Municipal Code to conform with state law and to establish procedures and regulations with respect to density bonuses and incentives within the City of Lake Elsinore; and WHEREAS, at a public hearing on April 1, 2008, the Planning Commission considered the proposed density bonus ordinance and recommended that the City Council approve the addition of Chapter 17.26 to the Lake Elsinore Municipal Code; and WHEREAS, in consideration of the Planning Commission's recommendation and evidence presented by the Community Development Department, Redevelopment Agency Staff, and other interested parties at a public hearing held on April 22, 2008, the City Council of the City of Lake Elsinore desires to add Chapter 17.26 to the Lake Elsinore Municipal Code as set forth herein. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ORDAINS AS FOLLOWS: SECTION 1. That Chapter 17.26 be added to the Lake Elsinore Municipal Code, as follows: Section 17.26.010. Purpose. The purpose of this Chapter 17.26 is to satisfy the City's obligations under Government Code Section 65915 et seq. (the "State Density Bonus Law "), as amended from time to time. This Chapter 17.26 specifies the procedures for providing density bonuses and incentives to applicants who seek such density bonuses for housing development within, or for the donation of land for housing within, the City of Lake Elsinore. Interpretation of the requirements, definitions, and standards set forth in this Chapter 17.26 shall be construed so as not to be inconsistent with the State Density Bonus Law. Section 17.26.020. Definitions. As used in this Chapter, the following terms shall have the following meanings unless otherwise indicated from the context: "Additional Incentive" shall have the meaning set forth in Section 17.26.045(a) of this Chapter. 1 Agenda Item No. 17 Page 3 of 101 "Affordable Rent" means monthly housing expenses, including a reasonable allowance for utilities, for Restricted Units reserved for rental to Very Low or Lower Income Households, not exceeding the following calculations: (1) Very Low Income: 50 percent of the Area Median Income for the county, adjusted for household size, multiplied by 30 percent and divided by 12; and (2) Lower Income: 60 percent of the Area Median Income for the county, adjusted for household size, multiplied by 30 percent and divided by 12. "Affordable Housing Cost" means the sum of actual or projected monthly payments for all of the following associated with for -sale Restricted Units: principal and interest on a mortgage loan, including any loan insurance fees, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, homeowners' association fees, and a reasonable allowance for utilities; provided that such sum meets the requirements set forth in Section 50052.5 of the Health and Safety Code. "Affordable Sales Price" means a sales price at which households can qualify for the purchase of Restricted Units based on Affordable Housing Cost for the particular Household Type the project is restricted to (e.g., Very Low Income, Lower Income, or Moderate Income Household), calculated on the basis of underwriting standards of mortgage financing available for the development. "Area Median Income" means the median family income of a geographic area of the state, as published annually by the California Department of Housing and Community Development pursuant to Health and Safety Code Section 50093. "Child Care Facility" means a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school age child care centers. "Common Interest Development" means a multifamily development complying with the requirements of subdivision (c) of Section 1351 of the Civil Code. '.Density Bonus' means, unless a lesser percentage is requested by the applicant, a minimum increase in the number of dwelling units authorized for a particular parcel of land of: (i) at least 5 percent over the otherwise Maximum Residential Density if the project does not meet the requirements of subsection (a)(1), (a)(2), or (a)(3) of Section 17.26.030 hereof and the project is a Common Interest Development or Planned Development that meets the requirements of subsection (a)(4) of Section 17.26.030 hereof. The percentage of Density Bonus granted shall increase by 1 percent for every 1 percent increase 2 Agenda Item No. 17 Page 4 of 101 above 10 percent (the threshold percentage of units required by Section 17.26.030(a)(4)), up to a maximum Density Bonus of 35 percent over the Maximum Residential Density; or (ii) at least 20 percent over the otherwise Maximum Residential Density for projects containing units restricted to occupancy by Lower Income Households. The percentage of Density Bonus granted shall increase by 1.5 percent for every 1 percent above 10 percent (the threshold percentage of units required by Section 17.26.030(a)(1)) up to a maximum Density Bonus of 35 percent over the Maximum Residential Density; or (iii) at least 20 percent over the permitted Maximum Residential Density for projects containing units restricted to occupancy by Very Low Income Households. The percentage of Density Bonus granted shall increase by 2.5 percent for every 1 percent above 5 percent (the threshold percentage of units required by Section 17.26.030(a)(2)), up to a Maximum Density Bonus of 35 percent over the Maximum Residential Density; or (iv) 20 percent over the Maximum Residential Density if the Project meets the requirements of Subsection (a)(3) of Section 17.26.030 hereof. For the purpose of calculating a Density Bonus, the residential units do not have to be based upon individual subdivision maps or parcels. When calculating the Density Bonus, the applicant requesting the Density Bonus shall elect whether the bonus shall be awarded on the basis of subdivision (a)(1), (a)(2), (a)(3), or (a)(4) of Section 17.26.030 of this Chapter. The Density Bonus shall be permitted in geographic areas of the Housing Development other than the areas where the units for the Very Low, Moderate, or Lower Income Households are located. The amount of Density Bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in Section 17.26.030 of this Chapter. All Density Bonus calculations resulting in fractional numbers shall be rounded up to the next whole number. "Density Bonus Agreement" means a legally binding agreement between a developer and the City to ensure that the requirements of this Chapter are satisfied. The agreement, shall establish among other things, the number of Restricted Units, their size, location, terms and conditions of affordability, and production schedule. See Section 17.26.060 of this Chapter. "Density Bonus Law" means California Government Code Section 65915 et seq., as amended from time to time. "Density Bonus Units" means those residential units granted pursuant to the provisions of this Chapter which exceed the otherwise Maximum Residential Density for the development of the site. 3 Agenda Item No. 17 Page 5 of 101 "Development Standard" includes site or construction conditions that apply to a residential development pursuant to any ordinance, general plan element, specific plan, municipal code amendment, or other local condition, law, policy, resolution, or regulation. "Economically Feasible" means a housing project that can be built with a reasonable rate of return. The housing developer's financial ability to build the project shall not be a factor. "Eligible Project" means a residential development project qualifying for a Density Bonus within the meaning of this Chapter. "Household Type" means whether the occupants of the housing units are members of a Very Low Income, Lower Income, or Moderate Income Household or are Senior Citizens. "Housing Development" means one or more groups of projects consisting of five or more residential units (excluding Density Bonus Units), including single - family, multifamily, and mobile homes for sale or rent pursuant to this Chapter and including a subdivision or Planned Development or Common Interest Development. Housing Development also includes either (1) a project to substantially rehabilitate and convert an existing commercial building to residential use, or (2) the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Section 65863.4 of the Government Code, where the result of the rehabilitation would be a net increase in available residential units. "Lower Income Household" means a household whose gross income is as established by Health and Safety Code Section 50079.5, as amended from time to time. "Maximum Residential Density" means the maximum number of residential units allowed by the General Plan range specified on the land use map of the City's General Plan Land Use Element and Zoning Ordinance as of the date of the project application, excluding the provisions of this Chapter. If the Housing Development is within a planned development overlay zone, the Maximum Residential Density shall be determined on the basis of the general plan and the maximum density of the underlying zone. "Moderate Income Household" means a household whose gross income is as established by Health and Safety Code Section 50093, as amended from time to time. "Planned Development" means a development described in subdivision (k) of Civil Code Section 1351, as amended from time to time. "Restricted Unit" means a dwelling unit within a Housing Development which will be reserved for sale or rent to, and affordable to, Very Low Income, Lower Income, or Moderate Income Households or Senior Citizens in accordance with the terms of this Chapter. 4 Agenda Item No. 17 Page 6 of 101 "Senior Citizen" means: (1) Persons at least 62 years of age; or (2) Persons at least 55 years of age in a Senior Citizen Housing Development, as defined by state and federal law. "Senior Citizen Housing Develoomen " has the meaning set forth in Sections 51.3 and 51.2 of the California Civil Code, as amended from time to time. "Senior Citizen Units" means: (1) Assisted housing units for Senior Citizens; or (2) Housing intended for, and solely occupied by, persons at least 62 years of age; or (3) Housing consisting of at least 150 units in which 80 percent of the units have at least one person aged 55 or older and which provide special facilities and services designed for seniors. Eligibility for a Density Bonus or other incentive for Senior Citizen Units must be in conformity with state and federal laws governing senior housing projects; or (4) Mobilehotne parks that limit residency based on age requirements for housing for older persons pursuant to Sections 798.76 or 799.5 of the Civil Code, as amended from time to time. "Very Low Income Household" means a household whose gross income is as established by Health and Safety Code Section 50105, as amended from time to time. Section 17.26.030. Restricted Occupancy. (a) The City shall grant a Density Bonus and at least one Additional Incentive as set forth in Sections 17.26.040 and 17.26.045 hereof, or provide other incentives or concessions of equivalent financial value based upon the land cost per dwelling unit, except as provided in Section 17.26.040 below, to a project applicant of a Housing Development, who applies for and agrees to provide any of the following: (1) At least 10 percent of the units (excluding Density Bonus Units) as Restricted Units restricted to occupancy by Lower Income Households; or (2) At least 5 percent of the units (excluding Density Bonus Units) as Restricted Units restricted to occupancy by Very Low Income Households; or 5 Agenda Item No. 17 Page 7 of 101 (3) At least 35 units restricted as Senior Citizen Units, unless prohibited by state and /or federal law; or (4) At least 10 percent of the units (excluding Density Bonus Units) in a Common Interest Development or a Planned Development as Restricted Units restricted to occupancy by Moderate Income Households. (b) When an applicant proposes to construct a Housing Development that conforms to the requirements of subsection (a) above and includes a Child Care Facility that will be located on the premises of, as part of, or adjacent to, the Housing Development project, the City shall grant either of the following, except as provided in Section 17.26.040 below: (1) an additional Density Bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the Child Care Facility; or (2) an Additional Incentive that contributes significantly to the economic feasibility of the construction of the Child Care Facility. (c) In determining the minimum number of Density Bonus Units to be granted pursuant to this section, the Maximum Residential Density for the site shall be multiplied by the appropriate percentage(s) set forth in the definition of Density Bonus. When calculating the number of permitted Density Bonus Units, any fractions of units shall be rounded to the next largest integer. (d) In determining the number of Restricted Units to be provided pursuant to this section, the Maximum Residential Density for the site shall be multiplied by 0.05 where Very Low Income Households are targeted or by 0.10 where Moderate or Lower Income Households are targeted. The Density Bonus Units shall not be included when determining the total number of Restricted Units in the Housing Development. When calculating the required number of Restricted Units, any resulting decimal fraction shall be rounded to the next largest integer. (e) In cases where a density increase of less than 5 percent (for a qualifying Common Interest Development or Planned Development) or 20 percent (for Restricted Units targeted to Very Low Income Households and /or Lower Income Households) is requested, no reduction will be allowed in the number of Restricted Units required. In cases where a density increase of more than 35 percent is requested, the requested density increase, if granted, shall be considered an Additional Incentive, as outlined in Section 17.26.045 hereof. (f) If a project applicant agrees to construct more than 10 percent of the total units for Lower Income Households, more than 5 percent of the total units for Very Low Income Households, or more than 10 percent of the total units in a Common Interest Development or Planned Development for Moderate Income Households, such that the calculation of Density Bonus Units would 6 Agenda Item No. 17 Page 8 of 101 result in a Density Bonus of more than 35 percent, the project applicant remains entitled to only one Density Bonus and one or more Additional Incentive(s) pursuant to Sections 17.26.040 and 17.26.045 hereof. Similarly, a project applicant who agrees to construct Senior Citizen housing with 10 percent or 5 percent of the units reserved for Lower or Very Low Income Households, respectively, or 10 percent of the total units in a Senior Citizen Common Interest Development for Moderate Income Households, is only entitled to one Density Bonus and an Additional Incentive(s). The City may, however, grant Additional Incentives in addition to those required by Sections 17.26.040 and 17.26.045 hereof to facilitate the inclusion of more Restricted Units than are required by this Chapter. (g) If an applicant agrees to construct both 10 percent of the total units for Lower Income Households and 5 percent of the total units for Very Low Income Households, or either one or both of the foregoing and 10 percent of the units in a Common Interest Development or Planned Development for Moderate Income Households, the developer is entitled to only one Density Bonus and the Additional Incentive(s) required by Sections 17.26.040 and 17.26.045 hereof, although the City may, at its discretion, grant more than one Density Bonus or Additional Incentive to facilitate the inclusion of more Restricted Units than are required by this Chapter. (h) The City shall not be required to approve a project solely because a project complies with Density Bonus requirements. However, a Housing Development which seeks and qualifies for a Density Bonus and Additional Incentive(s) cannot be approved without granting the Density Bonus and the Additional Incentive(s) or an alternative incentive of equivalent financial value based upon the land cost per dwelling unit. (i) Nothing in this Chapter limits the City's right to deny an affordable housing project as provided for in Government Code Section 65589.5, as amended from time to time. Section 17.26.035. Donation of Land. When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the City as provided for in this Section 17.26.035, the applicant shall be entitled to a 15 percent increase above the otherwise Maximum Residential Density for the entire development. For each 1 percent increase above the minimum 10 percent land donation described in subsection (2) below, the Density Bonus shall be increased by 1 percent, up to a maximum of 35 percent. This increase shall be in addition to any Density Bonus and /or Additional Incentive(s) to which the applicant is entitled as a result of its qualification; if any, under Section 17.26.030(a) above, up to a maximum combined mandated density increase of 35 percent if an applicant seeks both the increase required pursuant to this Section and Section 17.26.030(a). 7 Agenda Item No. 17 Page 9 of 101 All density calculations resulting in fractional units shall be rounded up to the next whole integer. Nothing in this Section shall be construed to enlarge or diminish the authority of the City to require a developer to donate land as a condition of development. An applicant shall be eligible for the increased density described in this Section if all of the following conditions are met: (1) The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application. (2) The developable acreage and zoning classification of the land being transferred to the City are sufficient to permit construction of Restricted Units affordable to Very Low Income Households in an amount not less than 10 percent of the number of residential units of the proposed development. (3) The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible. No later than the date of approval of the final subdivision map, parcel map, or of the residential development, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the Very Low Income housing units on the transferred land, except that the City may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Health and Safety Code Section 65583.2, as amended from time to time, if the design is not reviewed by the City prior to the time of transfer. (4) The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with Section 17.26.050, which shall be recorded on the property at the time of dedication. (5) The land is transferred to the City or to a housing developer approved by the City. The City may require the applicant to identify and transfer the land to another developer. (6) The transferred land shall be within the boundary of the proposed development or, if the City agrees, within one - quarter mile of the boundary of the proposed development. Section 17.26.040. Grant or Denial of Additional Incentives (a) The City shall provide a Density Bonus and the following number of Additional Incentives for qualified Housing Developments, upon the written 8 Agenda Item No. 17 Page 10 of 101 request of the developer. The developer shall receive the following number of Additional Incentives: (1) One Additional Incentive for projects that include at least 10 percent of the total units (excluding Density Bonus Units) for Lower Income Households, at least 5 percent of the total units (excluding Density Bonus Units) for Very Low Income Households, or at least 10 percent of the total units (excluding Density Bonus Units) for Moderate Income Households in a Common Interest Development or Planned Development. (2) Two Additional Incentives for projects that include at least 20 percent of the total units (excluding Density Bonus Units) for Lower Income Households, at least 10 percent of the total units (excluding Density Bonus Units) for Very Low Income Households, or at least 20 percent of the total units (excluding Density Bonus Units) for Moderate Income Households in a Common Interest Development or Planned Development. (3) Three Additional Incentives for projects that include at least 30 percent of the total units (excluding Density Bonus Units) for Lower Income Households, at least 15 percent of the total units (excluding Density Bonus Units) for Very Low Income Households, or at least 30 percent of the total units (excluding Density Bonus Units) for Moderate Income Households in a Common Interest Development or Planned Development. (b) The City shall grant the Additional Incentive(s) unless the City makes a written finding, based on substantial evidence, of either of the following: (1) The Additional Incentive is not required in order to provide for Affordable Housing Costs, or for rents for the Restricted Units to be set as specified in Section 17.26.050 hereof. (2) The Additional Incentive would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon the public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to Very Low, Lower, and Moderate Income Households. (c) The City may offer an equivalent financial incentive in lieu of granting a Density Bonus and the Additional Incentive(s). The value of the equivalent financial incentive shall equal at least the land cost per dwelling unit savings that would result from (i) the Density Bonus and the Additional Incentive(s) otherwise required by this Chapter, or (ii) the Density Bonus required by this Chapter, where an Additional Incentive is not requested or is determined 9 Agenda Item No. 17 Page 11 of 101 unnecessary. Any equivalent financial incentive must contribute significantly to the economic feasibility of providing the Restricted Units pursuant to this Chapter. (d) Notwithstanding any requirement of this Chapter, the City shall not be required to provide a Density Bonus or Additional Incentive(s) for a Child Care Facility if it finds, based upon substantial evidence, that the community has adequate child care facilities. Section 17.26.045. Additional Incentives. (a) Additional Incentives may include, but are not limited to, any of the following: (1) A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required. (2) Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the Housing Development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located. (3) Other regulatory concessions proposed by the project applicant or the City, which result in identifiable cost reductions. Permissible concessions include, but are not limited to: Reduction of park land dedication fees; ii. Provision of tax - exempt financing or other financial assistance as approved by the City Council or Redevelopment Agency; and iii. Reduction or elimination of child care fees. iv. Expedited processing of applicant's use application and building permits. (4) A Density Bonus of more than 35 percent, but not greater than 50 percent. (5) Direct financial aid (e.g., redevelopment set - aside, community development block grant funding) in the form of a loan 10 Agenda Item No. 17 Page 12 of 101 or a grant to subsidize or provide low interest financing for on- or off -site improvements, land, or construction costs. (b) An applicant may submit to the City a proposal for the specific Additional Incentive(s) it is requesting, and /or for a waiver or reduction of zoning or development standards (hereinafter "Waiver or Modification "), and may request a meeting with the City. The City shall grant such a meeting to the applicant. (c) Applicants seeking a Waiver or Modification that would otherwise inhibit the utilization of a Density Bonus on a particular site shall comply with procedures set forth in Section 17.26.070(g) of this Chapter. Applicant shall not be required to seek a general plan amendment, zoning change, or other discretionary approval when requesting a Waiver or Modification in accordance with this Chapter. (d) The City may offer an equivalent financial incentive in lieu of granting a Density Bonus and any Additional Incentive(s) in accordance with Section 17.26.040(c) hereof. Section 17.26.050. Affordability Standards. (a) For units restricted to occupancy by Very Low and Lower Income Households that qualified the applicant for the award of the Density Bonus, an applicant shall agree to, and the City shall require, continued affordability of the Restricted Units for 30 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Those units targeted for Lower and Very Low Income Households shall be affordable at a rent as defined in Section 50053 of the Health and Safety Code, as amended from time to time. (b) An applicant shall agree to, and the City shall require, that the initial occupants of Restricted Units that are directly related to the receipt of a Density Bonus in a Common Interest Development or in a Planned Development qualify as Moderate Income Household(s). Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The seller shall pay to the City both the initial subsidy received by the seller from the City and the City's proportionate share of appreciation. The City's proportionate share of the appreciation shall then be used within three years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code to promote homeownership. For purposes of this subdivision, the City's proportionate share of appreciation shall be the ratio of the initial subsidy to the fair market value of the home at the time of the initial sale. The local government's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to moderate income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value. 11 Agenda Item No. 17 Page 13 of 101 (c) A Density Bonus Agreement between the project applicant and the City shall be made a condition of the discretionary planning permits for all Housing Developments seeking a Density Bonus pursuant to this Chapter. The Density Bonus Agreement shall be recorded as a restriction on the parcel or parcels on which the Restricted Units will be constructed prior to the commencement of the construction. The Density Bonus Agreement shall be consistent with Section 17.26.060 hereof and include any other applicable requirements set forth elsewhere in this Chapter. (d) Restricted Units in a project and phases of a project shall be constructed concurrently with or prior to the construction of market -rate units unless both the City and the project applicant agree within the Density Bonus Agreement to an alternative schedule for development. (e) Restricted Units shall be provided as follows: (1) When practical, Restricted Units shall be dispersed throughout the project; (2) Restricted Units shall be built on -site; (3) Restricted Units shall be identical with the design of any market rate rental units in the project with the following exception: Reduction of interior amenities for Restricted Units will be permitted upon prior approval by the City as necessary to retain project affordability. (4) Where feasible, the number of bedrooms of the Restricted Units shall be equivalent to the bedroom mix of the nonrestricted units of the Housing Development, except that the developer may include a higher proportion of Restricted Units with more bedrooms. (f) Housing Developments shall comply with all applicable development standards, except as provided by this Chapter. (g) The project applicant shall submit a detailed project financial report (pro forma) in such form as required by the City, which demonstrates the financial need for the Additional Incentives requested. The City may retain a consultant to review the financial report. The cost of the consultant shall be borne by the developer with the following exception: If the applicant is a nonprofit organization, the cost of the consultant may be paid by the City upon prior approval of the City Council. (h) If the applicant has applied to construct a Housing Development that includes a Child Care Facility, then, as a condition of the approval of the Housing Development, the applicant shall agree to cause the Child Care Facility to (a) remain in operation for a period of time that is as long as or longer than the period of time during which the Restricted Units are required to remain restricted and affordable to Very Low, Lower and /or Moderate Income Households, as applicable, in accordance with this Chapter; and (b) include in its attendance a 12 Agenda Item No. 17 Page 14 of 101 percentage of children from Very Low, Lower and /or Moderate Income Households, as applicable, proportionate to or greater than the percentage of Restricted Units in the project restricted to such Very Low, Lower and /or Moderate Income Households, as applicable, required by this Chapter. (i) Upon the request of the developer, the City shall not require a vehicular parking ratio, inclusive of handicapped and guest parking, of a development meeting the criteria of subsection (a) of Section 17.26.030 hereof, that exceeds the following ratios: (1) Zero to one bedrooms: one onsite parking space. (2) Two to three bedrooms: two onsite parking spaces. (3) Four and more bedrooms: two and one -half onsite parking spaces. If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this Section, a development may provide "onsite parking" through tandem parking or uncovered parking, but not through on- street parking. This Section shall apply to a development that meets the requirements of subsection (a) of Section 17.26.030 hereof but only at the request of the applicant. An applicant may request additional parking incentives or concessions beyond those provided in this section, subject to Sections 17.26.035 and 17.26.045 hereof. Section 17.26.060. Density Bonus Agreement Requirements. (a) All Restricted Units shall be occupied by the Household Type specified in the written Density Bonus Agreement required under this section. The required Density Bonus Agreement shall be recorded as a deed restriction running with the land. The approval and recordation of the deed restriction shall take place prior to final map approval or, where a map is not being processed, prior to issuance of building permits for such parcels or units. The Density Bonus Agreement shall be binding on the current owner and all future owners and successors in interest thereof. (b) The Density Bonus Agreement shall include at least the following: (1) The total number of units approved for the Housing Development, including the number of Restricted Units; (2) A description of the Household Type to be accommodated by the Restricted Units, as outlined in Section 17.26.030 of this Chapter, and the standards for determining the corresponding Affordable Rent or Affordable Sales Price at an Affordable Housing Cost; 13 Agenda Item No. 17 Page 15 of 101 (3) The location, unit sizes (square feet), and number of bedrooms of Restricted Units; (4) Tenure of use restrictions for Restricted Units of at least 30 years or the requirement of an equity share upon sale of the unit, in accordance with Section 17.26.050 of this Chapter; (5) A schedule for completion and occupancy of the Housing, Development, including the Restricted Units; (6) A description of the Additional Incentive(s) being provided by the City; (7) A description of remedies for breach of the agreement by either party; (8) If applicable, the provisions required by Section 65916 of the Government Code, as amended from time to time; and (9) Other provisions to ensure implementation and compliance with this Chapter. (c) In the case of for -sale Housing Developments, the Density Bonus Agreement shall provide for the following conditions governing the initial sale and use of Restricted Units: (1) Restricted Units shall, upon initial sale, be sold to eligible Very Low, Lower, or Moderate Income Households at an Affordable Sales Price and Affordable Housing Cost, or to Senior Citizens (i.e., maintained as Senior Citizen housing) as defined by this Chapter; (2) Restricted Units shall be initially owner- occupied by eligible Very Low, Lower, or Moderate Income Households, or by Senior Citizens in the case of Senior Citizen housing; and (3) The initial purchaser of each Restricted Unit shall execute an instrument or agreement approved by the City agreeing to pay the City its proportionate share of appreciation upon the sale of the Restricted Unit in accordance with Section 17.26.050(b) of this Chapter. Such instrument or agreement shall be recorded against the parcel containing the Restricted Unit and shall contain such provisions as the City may require to ensure continued compliance with this Chapter and the State Density Bonus Law. (d) In the case of rental Housing Developments, the Density Bonus Agreement shall provide for the following conditions governing the use of Restricted Units during the use restriction period: (1) The requirements and procedures for qualifying tenants, establishing Affordable Rent, filling vacancies, and maintaining Restricted Units. for qualified tenants; 14 Agenda Item No. 17 Page 16 of 101 (2) Provisions requiring owners to verify tenant incomes and maintain financial books and records to demonstrate compliance with this Chapter; (3) Provisions requiring owners to submit an annual report to the City, which includes the name, address, and income of each person occupying any Restricted Unit, and which identifies the bedroom size and monthly rent or cost of each Restricted Unit; and (4) Property management and maintenance guarantees. (e) If the applicant has applied to construct a Housing Development that includes a Child Care Facility, then the Density Bonus Housing Agreement shall include provisions which require continued compliance with the (f) The City may establish fees associated with establishing and monitoring of Restricted Units. Section 17.26.070. Application Procedure. (a) A project applicant may submit to the Community Development Department a preliminary application for the development of housing pursuant to this Chapter prior to the submittal of any formal application. The City shall, within 90 days of receipt of the preliminary application, notify the project applicant in writing of its procedures for granting a Density Bonus and /or Additional Incentives if such benefits are requested. The project applicant may also submit a preliminary application for a Waiver or Modification pursuant to this Chapter. The City's procedures for Waiver and Modification are set forth below in subdivision (g) of this Section. (b) Applicants are encouraged to schedule a pre- application conference with the Director of Community Development or designated staff to discuss and identify potential application issues, including prospective Additional Incentive(s). No charge will be required for the pre - application conference. (c) A preliminary application shall include the following information: (1) A brief description of the proposed Housing Development, including the total number of units, Restricted Units, and Density Bonus Units proposed. (2) The zoning and general plan designations and assessors parcel number(s) of the project site. (3) A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveway, and parking layout. (4) If an Additional Incentive is requested, the application should describe why the Additional Incentive is necessary to provide the Restricted Units. 15 Agenda Item No. 17 Page 17 of 101 (5) Other information as may be required by the Planning and Community Development Departments. (d) Within 90 days of receipt of the preliminary application the City shall provide to the applicant, a letter which identifies project issues of concern, the maximum financial assistance that the Director of Community Development can provide when making a recommendation to the City Council, and the procedures for compliance with this Chapter. (e) The Director of Community Development shall inform the applicant that the requested Additional Incentive(s) shall be recommended for consideration with the proposed Housing Development, or that alternative or modified Additional Incentive(s) pursuant to this Chapter shall be recommended for consideration in lieu of the requested Additional Incentive(s). If alternative or modified Additional Incentive(s) are recommended by the Director of Community Development, the recommendation shall establish how the alternative or Additional Incentive(s) can be expected to have an equivalent affordability effect as the requested Additional Incentive(s). (f) An application pursuant to this Chapter shall be processed concurrently with any other application(s) required for the Housing Development. The decision - making body authorized to approve the discretionary permit for the underlying project shall also be the decision- making body for the Density Bonus application. If the underlying project is a use by right (i.e., does not require any discretionary permit), the decision- making body for the Density Bonus application shall be the Director of Community Development and the review process shall follow the process set forth for the Director of Community Development's permits established by the City. An application for a Density Bonus shall provide additional information as specified in this Chapter, specifically: (1) A written statement specifying the information set forth in subsection (a) above; (2) A project financial report (pro forma); (3) If a Waiver or Modification is requested, the application should describe why deviation from the established development or zoning standards is necessary to provide the Restricted Units, in accordance with this Chapter; and (4) Any other information requested by the Director of Community Development. (g) An applicant requesting Waiver or Modification must follow the following procedures: (1) File an application with the Director of Community Development seeking a Waiver or Modification. The application shall demonstrate that such deviations are necessary to make the 16 Agenda Item No. 17 Page 18 of 101 Housing Development Economically Feasible in accordance with Government Code Section 65915(f), as amended from time to time. (2) The Director of Community Development or his /her designee shall review the application seeking a Waiver or Modification. After reviewing the application, the Director of Community Development shall set the matter for a public hearing before the Planning Commission at which hearing evidence shall be taken. (3) Written notice of the hearing shall be mailed, at least twenty - four (24) days before the date of the hearing. The notice shall be delivered to the applicant and property owners and occupants of property within five hundred feet (500) of the property that is subject to the request. (4) The Director of Community Development shall prepare a report to the Planning Commission with conclusions and recommendations relating to the request for a Waiver or Modification. (5) The Planning Commission shall make a determination supported by substantial evidence on the application for Waiver or Modification. The Planning Commission's decision shall be supported by written findings. (6) An application for Waiver or Modification may be denied only on the grounds set forth in subdivision (d)(2) of Government Code Section 65915, as amended from time to time. (7) The Planning Commission shall provide the applicant with Notice of Determination within fifteen (15) calendar days of the date the decision is made. (8) The Planning Commission decision is final unless appealed to the City Council within fifteen (15) calendar days of the date of the mailing of the Notice of Determination. SECTION 2. SEVERABILITY If any provision, clause, sentence, or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 3. NOTICE OF ADOPTION The City Clerk shall certify as to adoption of the Ordinance and cause this Ordinance to be published and posted in the manner required by law. 17 Agenda Item No. 17 Page 19 of 101 SECTION 4. EFFECTIVE DATE This Ordinance shall take effect thirty (30) days after the date of its passage. The City Clerk shall certify as to adoption of the Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this _ day of 2008. ATTEST: VIVIAN M. MUNSON CITY CLERK APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY DARYL HICKMAN MAYOR 18 Agenda Item No. 17 Page 20 of 101 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that the foregoing Ordinance No. was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the day of 2008, and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the day of 2008, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: VIVIAN M. MUNSON CITY CLERK 19 Agenda Item No. 17 Page 21 of 101 CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: APRIL 1, 2008 PREPARED BY: STEVEN MCCARTY, REDEVELOPMENT PROJECT MANAGER REVIEWED BY: TOM WEINER, PLANNING MANAGER APPROVED BY: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT PROJECT TITLE: ZONING ORDINANCE TEXT AMENDMENT NO. 2008 -02; ADDING CHAPTER 17.26 "DENSITY BONUSES" TO THE LAKE ELSINORE MUNICIPAL CODE REGARDING THE ESTABLISHMENT OF DENSITY BONUSES AND OTHER INCENTIVES LINKED TO AFFORDABLE HOUSING DEVELOPMENTS, CHILDCARE FACILITIES, AND LAND DONATIONS APPLICANT: CITY OF LAKE ELSINORE, 130 SOUTH MAIN STREET, LAKE ELSINORE, CA 92530 PURPOSE According to state law, all cities are required to adopt ordinances specifying how compliance with the California Density Bonus and Incentive Law (Cal. Gov. Code Section 65915 et seq: "DBIL ") shall be achieved. The purpose of this report is to present information to the Planning Commission regarding a proposed text amendment to the Lake Elsinore Municipal Code which would establish density bonuses and other incentives linked to eligible affordable /senior housing developments, childcare facilities, and land donations within the City of Lake Elsinore. Sifting as an advisory body, it will be the Planning Commission's function to make a recommendation to the City Council regarding the proposed text amendment. BACKGROUND The DBIL was first ratified by the California State Legislature in 1979 with the intent of Agenda Item No. AZ Page 22 of 101 REPORT TO PLANNING COMMISSION APRIL 1, 2008 TEXT AMENDMENT NO. 2008 -02 spurring the development of affordable housing. In 2005, SB 1818 greatly amended the DBIL to its present state. The DBIL mandates that local governments provide density bonuses and other incentives in response to a request by a developer of an eligible housing project. Government Code section 65915 instructs local governments to adopt an ordinance explaining how the local government will comply with the requirements to implement the DBIL. The City's 2002 Housing Element lists adopting an affordable housing density bonus as Objective 3.2. The corresponding policy objective states that "the City shall adopt an Affordable Housing Density Bonus Ordinance to assist in the development of affordable housing." To date, the City of Lake Elsinore has not adopted a density bonus ordinance and has not received an official request for any incentives under Government Code section 65915. Nonetheless, updating the Lake Elsinore Municipal Code is required by state law and is consistent with the City and Redevelopment Agency objectives to attract and support quality affordable housing developments. Additionally, implementing the DBIL will provide for densities more conducive to the development of affordable housing, particularly when considering the limited availability of land and the tremendous need for more affordable housing. While there are close to 300 units of deed restricted affordable housing units in the City of Lake Elsinore, the City is required to develop several more hundred units of affordable housing in the near future. The City of Lake Elsinore must make significant progress to producing between 800 and 900 additional units of affordable housing by 2010. Considering that less than 100 affordable units with long -term affordability restrictions imposed by the RDA have been built and maintained in the City of Lake Elsinore since 1980, the City must utilize new methods in order to produce our fair share of affordable housing. In this case, state law mandates that local governments adopt the density bonus and incentives law. Density Currently, the maximum permitted density in each residential zone is as follows: TABLE 1. The General Plan Update will amend these zoning designations Agenda Item No. 17 Page 23 of 101 REPORT TO PLANNING COMMISSION APRIL 1, 2008 TEXT AMENDMENT NO. 2008-02 The above densities do not take into account variations permitted under specific plan areas and zone overlays incorporated into the zoning and General Plan maps. Based on Table 1 above, the highest permitted density within the City is 24 d.u. /acre. At this maximum density, many affordable housing projects are not economically feasible and capable to meet the market need. Granting a density bonus in exchange for the inclusion of affordable housing units within a residential development project helps to provide the incentive necessary to support the economic viability of affordable housing. The DBIL promotes mixed income projects and the proposed Ordinance implementing the DBIL will help to introduce affordable units into the community's housing stock and thereby achieve the goal of providing housing available to all economic segments of the community. Table 2 provides a breakdown of other cities' highest residential density zoning and whether or not they have adopted the density bonus provisions as of a surrey conducted last year: 2. With a future adoption of a Residential Mixed Use Ordinance, a density bonus incentive of up to 35 dwelling units per net acre shall be granted where site amenities are provided. 3. City of Lake Elsinore Housing Element Update, 2002. Agenda Item No. 17 Page 24 of 101 Residential Low Density 0 -1 R -R (Rural 0.5 Residential Residential District Low - Medium Density 1 -6 R -E (Estate Single- 1 Residential Family Residential Medium Density 7 -18 R -H (Hillside 3 Residential Single- Family Residential High Density 19 -24 R -1 (Single - Family 6 Residential (19 -24 Residential District) Dwelling Units Per Acre Residential Mixed- 19 -24 R -2 (Medium 12 Use2 Density Residential Commercial Mixed- 7 -18 R -3 (High Density 24 Use Residential Mobile Home 10 Community District The above densities do not take into account variations permitted under specific plan areas and zone overlays incorporated into the zoning and General Plan maps. Based on Table 1 above, the highest permitted density within the City is 24 d.u. /acre. At this maximum density, many affordable housing projects are not economically feasible and capable to meet the market need. Granting a density bonus in exchange for the inclusion of affordable housing units within a residential development project helps to provide the incentive necessary to support the economic viability of affordable housing. The DBIL promotes mixed income projects and the proposed Ordinance implementing the DBIL will help to introduce affordable units into the community's housing stock and thereby achieve the goal of providing housing available to all economic segments of the community. Table 2 provides a breakdown of other cities' highest residential density zoning and whether or not they have adopted the density bonus provisions as of a surrey conducted last year: 2. With a future adoption of a Residential Mixed Use Ordinance, a density bonus incentive of up to 35 dwelling units per net acre shall be granted where site amenities are provided. 3. City of Lake Elsinore Housing Element Update, 2002. Agenda Item No. 17 Page 24 of 101 REPORT TO PLANNING COMMISSION APRIL 1, 2008 TEXT AMENDMENT NO. 2008 -02 TABLE 2. The above densities do not take into account variations permitted under specific plans and zone overlays. The following provides a picture of what different densities look like in terms of building height appearance: 20-40 Dwelling Units Per Acre (Typically 2-4 Stories) 40 -60 Dwelling Units Per Acre (Typically 3 -5 Stories) Agenda Item No. 17 Page 25 of 101 REPORT TO PLANNING COMMISSION APRIL 1, 2008 TEXT AMENDMENT NO. 2008 -02 bu-.Uu uwelung units Per Acre (Typically 4 -6 Stories) 80 -100 Dwelling While the previous pictures mention the typical amount of stories associated with various densities, it is important to note that the relationship between building height and density is much more tenuous than it appears at face value. For instance, the following schematic of a 300,000 square foot development on a five acre site can be expressed in many building heights: 5 A 4 buildings 3 stories each Site Plan Elevation B 2 buildings 6 stories each Site Plan Elevation C I building 12 stories Site Plan Elevation Residential developments' building heights will range according to their densities, unit mixes, unit sizes, setbacks, open space allotment, and overall site plans. 4. Pictures retrieved from http: / /www.lacity.org /land/ curriculum /gettingfacts /design /lookiike.html 5. www.ci.bellevue.wa.us /pdf /PCD /Bel- Red_ Height_Presentation_4- 25- 07.pdf Agenda Item No. 17 Page 26 of 101 REPORT TO PLANNING COMMISSION APRIL 1, 2008 TEXT AMENDMENT NO. 2008 -02 Parking The DBIL sets maximum parking ratios for eligible developers. In addition to regulating the number of parking spaces, the DBIL limits the type of parking stalls (i.e., covered /uncovered) that can be required of eligible developers. As with all of the other incentives and concessions, the developer must request that the City follow the DBIL's parking requirements in order for the City to be obligated to abide by them. The City's current parking ratio requirements, codified in Title 17 of the Lake Elsinore Municipal Code; are summarized in Table 3 below: TABLE 3. The maximums include handicapped and guest parking. Lake Elsinore Municipal Code Section 17.66.030 D states that 1 open space may be provided elsewhere on a lot or in a common area in a Planned Unit Development instead of the 2 open spaces in the driveway typically required by a SFR. ANALYSIS This analysis will summarize the density bonus and incentives provisions, as well as outline how the new program will help the City and RDA meet stated housing objectives. CALIFORNIA STATE DENSITY BONUS AND INCENTIVE LAW SUMMARY Definitions A density bonus is defined in Section 65915(g) as "a density increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan as of the date of application by the applicant to the city, county, or city and county." Agenda Item No. 17 Page 27 of 101 REPORT TO PLANNING COMMISSION APRIL 1, 2008 TEXT AMENDMENT NO. 2008-02 An incentive, also referred to as a concession, is defined by Section 65915(i) and includes, but is not limited to, the following: A reduction in site development standards (e.g., setbacks, zoning code requirements, design standards, public works improvements, parking requirements, square footage guidelines, etc.); Approval of mixed use zoning in conjunction with the housing project if the mixed uses will reduce the cost of the development and are compatible with the existing or planned surrounding land uses; and Other regulatory incentives or concessions proposed by the developer that will result in identifiable cost reductions. DBIL in Local Cities Presently, well over 200 California cities have density bonus and incentive ordinances that implement the state law. According to a survey of nine local cities, the vast majority have codified the DBIL. One of the two cities in the survey that have not codified the DBIL stated that they have received three requests this year from affordable housing developers for density bonuses and are currently in the process of drafting density bonus and incentive agreements. Developers elect into the density bonus and incentives program by requesting its benefits from the city. Calculating the Density Bonus and Incentives for Affordable Housing Development In its present state, the DBIL promotes the development of affordable housing, senior housing, and childcare facilities. Additionally, the DBIL gives incentives for developers to donate suitable land to the City for the development of affordable housing. The DBIL can be used for the development of both rental and ownership units. A developer is eligible to receive a density bonus and other incentives in accordance with the numerical equations set forth in the DBIL. Essentially, a development receives a 2.5% density bonus for each additional increase of I% Very Low income units above an initial 5% threshold, a density increase of 1.5% for each additional 1 % increase in Low income units above an initial 10% threshold, and a 1% density increase for each 1% increase in Moderate income units above an initial 10% threshold. These bonuses reach a maximum density bonus of 35% when a project provides either 11 % Very Low income units, 20% Low income units, or40% Moderate income units. Table 4 summarizes the density bonus and incentives calculations: Agenda Item No. 17 Page 28 of 101 REPORT TO PLANNING COMMISSION APRIL 1, 2008 TEXT AMENDMENT NO. 2008-02 TABLE 4. Calculating the Density Bonus and Incentives for Child Care Facilities and Land Under the DBIL, residential developers can earn density bonuses or incentives by building eligible child care facilities or by donating suitable land for the development of affordable housing in addition to any of the above unit types. Donated land must be appropriately zoned, adequately served by infrastructure, and able to accommodate a number of very low- income units at least equal to 10% of the developer's total proposed market development size. The base density bonus is 15 %, with increases in 1% increments for each percentage increase in the affordable units that can be accommodated above the minimum 10% of the developer's proposed units. When the land is transferred, it must have all of the permits and approvals necessary for the development of the Very Low income housing units. The land and affordable units must be subject to deed restrictions ensuring continued affordability. The city or county may require that the land be transferred to a developer instead of the city. A density bonus granted for land donation may be combined with a density bonus granted for affordability or senior restrictions, but the maximum density bonus required by law is 35 %. 6 Eligible developments must consist of at least 5 units pursuant to Government Code Section 65915 (g) 7 Any fractional units resulting from a density bonus calculation are rounded up pursuant to Government Code Section 65915 (g). 8 The percentage of affordability for purposes of calculating the applicable density bonus is determined by dividing the amount of affordable units by the total amount of units in the development before any density bonus is applied. , Agenda Item No. 17 Page 29 of 101 er, . 1; � "esfrt „. fob,' Kirila__ y�° P20 Very Low (50% 5% 1 20% % +2.5 % DB /1 % DR AMI) 10% 2 32.5% over 5% up to a max. 11% 2 35% of 35% DB 15% 3 35% Lower 10% 1 20% 20 % +1.5% DB /1% DR (50 -80% AM 1) 20% 2 35% over 10% up to a max. 30% 3 35% of 35% DB Moderate (for- 10% 1 5% 5%+1% DB /1 % DR sale /ownership 20% 2 15% over 5% up to a max. units only) 30% 3 25% of 35% DB 40% 3 35% Senior 100% (min. 35 N/A 20% Flat 20% DB units Calculating the Density Bonus and Incentives for Child Care Facilities and Land Under the DBIL, residential developers can earn density bonuses or incentives by building eligible child care facilities or by donating suitable land for the development of affordable housing in addition to any of the above unit types. Donated land must be appropriately zoned, adequately served by infrastructure, and able to accommodate a number of very low- income units at least equal to 10% of the developer's total proposed market development size. The base density bonus is 15 %, with increases in 1% increments for each percentage increase in the affordable units that can be accommodated above the minimum 10% of the developer's proposed units. When the land is transferred, it must have all of the permits and approvals necessary for the development of the Very Low income housing units. The land and affordable units must be subject to deed restrictions ensuring continued affordability. The city or county may require that the land be transferred to a developer instead of the city. A density bonus granted for land donation may be combined with a density bonus granted for affordability or senior restrictions, but the maximum density bonus required by law is 35 %. 6 Eligible developments must consist of at least 5 units pursuant to Government Code Section 65915 (g) 7 Any fractional units resulting from a density bonus calculation are rounded up pursuant to Government Code Section 65915 (g). 8 The percentage of affordability for purposes of calculating the applicable density bonus is determined by dividing the amount of affordable units by the total amount of units in the development before any density bonus is applied. , Agenda Item No. 17 Page 29 of 101 REPORT TO PLANNING COMMISSION APRIL 1, 2008 TEXT AMENDMENT NO. 2008-02 According to Section 65915(n), if desired, governments can exceed the 35% density bonus maximum allocation. Governments can refuse to grant incentives or concessions under certain limited conditions, such as the incentive or concession not being necessary to establish affordability. Table 5 summarizes the density bonus calculations under the child care facility and donated land scenarios: TABLE 5. Parking Requirements Upon request by an eligible developer, the City is required to abide by parking ratio maximums prescribed by the DBIL as set forth in the following table: The maximum parking required by developers includes handicapped and guest parking. "Onsite Parking" may include tandem and uncovered parking, but not street parking. Effect on Lake Elsinore Development While many of the incentives and concessions, such as setback reductions and square footage changes, made available under the DBIL do not come with specific rules, the density bonuses and parking requirements serve as guidelines for what cities should adopt in their local ordinances. Tables 7 and 8 below illustrate the expected changes in unit size and parking requirements in eligible developments that could result from implementing the DBIL: TABLE 7. Agenda Item No. 17 Page 30 of 101 Building of Eligible Childcare Either 1 additional incentive or concession, or a Facility + Any of the Above DB granting additional residential square Residency Restrictions footage equal to the size of the eligible child care facility. Donation of Suitable Land 15% DB + 1 % DB for every additional 1 % Very Low Income DR above the threshold base of 10% Very Low Income DR constructible on the donated land. Parking Requirements Upon request by an eligible developer, the City is required to abide by parking ratio maximums prescribed by the DBIL as set forth in the following table: The maximum parking required by developers includes handicapped and guest parking. "Onsite Parking" may include tandem and uncovered parking, but not street parking. Effect on Lake Elsinore Development While many of the incentives and concessions, such as setback reductions and square footage changes, made available under the DBIL do not come with specific rules, the density bonuses and parking requirements serve as guidelines for what cities should adopt in their local ordinances. Tables 7 and 8 below illustrate the expected changes in unit size and parking requirements in eligible developments that could result from implementing the DBIL: TABLE 7. Agenda Item No. 17 Page 30 of 101 REPORT TO PLANNING COMMISSION APRIL 1, 2008 TEXT AMENDMENT NO. 2008 -02 TABLE 8. 1 4 t p OMOM ° J . Single 1 Existin Designations: onsite RMR 1 d.u. /lot min. 10 acre lot 35% 1.35 d.u. /lot min. 10 acre lot R -R 1 d.u. /lot min. 2 acre lot 35% 1.35 d.u. /lot min. 2 acre lot R -E 1 d.u. /lot min. 1.5 acre lot 35% 1.35 d.u. /lot min. 1.5 acre lot R -H 1 d.u. /lot min. 12,000 s. f. 35% 1.35 d.u. /lot min. 12,000 s.f. R -1 1 d.u. /lot min. 6,000 s.f. 35% 1.35 d.u. /lot min. 6,000 s.f. R -2 12 d.u. /acre 35% 16.2 d.u. /acre R -3 24 d.u. /acre 35% 32.4 d.u. /acre General Plan Update Designations: Hillside Residential 1 d.u. /acre 35% 1.35 d.u. /acre Low Density Residential 1 d.u. /acre 35% 1.35 d.u. /acre Low- Medium Density 6 d.u. /acre 35% 8.1 d.u. /acre Residential Medium Density Residential 18 d.u./acre 35% 24.3 d.u. /acre High Density Residential (19- 24 d.u. /acre 35% 32.4 d.u. /acre 24 Dwelling Units Per Acre Residential Mixed -Use 24 d.u. /acre 35% 32.4 d.u. /acre Commercial Mixed -Use 18 d.u. /acre 35% 124.3 d.u. /acre TABLE 8. 9 These numbers were simplified and do not take into account conditions that require different lot sizes, such as corner lots. 17.23.60 of the LEMC list the specific requirements. 10 The DBIL states that all fractional units and parking spaces are rounded up. 11 With a future adoption of a Residential Mixed Use Ordinance, a density bonus incentive of up to 35 dwelling units per net acre shall be granted where site amenities are provided. 12 Unlike the current LEMC, which requires 2 garage spaces for each SFR and 1 covered space for each MFR, none of the parking spaces under the DBIL are required to have a cover. Agenda Item No. 17 Page 31 of 101 1 4 Single 1 onsite onsite onsite 4 or • onsite Multi-Family 0-1 1 • onsite i+2/3 onsite +2/3 • • 9 These numbers were simplified and do not take into account conditions that require different lot sizes, such as corner lots. 17.23.60 of the LEMC list the specific requirements. 10 The DBIL states that all fractional units and parking spaces are rounded up. 11 With a future adoption of a Residential Mixed Use Ordinance, a density bonus incentive of up to 35 dwelling units per net acre shall be granted where site amenities are provided. 12 Unlike the current LEMC, which requires 2 garage spaces for each SFR and 1 covered space for each MFR, none of the parking spaces under the DBIL are required to have a cover. Agenda Item No. 17 Page 31 of 101 REPORT TO PLANNING COMMISSION APRIL 1, 2008 TEXT AMENDMENT NO. 2008 -02 Overall, implementing the DBIL will likely cause some eligible developments to be up to 8.4 d.u. /acre denser with less or more stringent parking requirements depending on whether the development is SFR or MFR with more than 1 bedroom, respectively. How Density Bonuses and Other Incentives Help Meet City and RDA Objectives The Project Area Redevelopment Plans state that the City, in order to help the RDA complete its objectives, will provide revisions to planning and zoning requirements to permit the land uses and development necessary for the Project Areas. RDA Project Areas 1, 2, and 3 call for the development of housing to meet the needs of a diversity of people, including seniors and people with lower incomes. By providing density bonuses for developers of affordable housing, the RDA will be in a better position to attract housing that is affordable without compromising the quality of the final product or providing unsustainable subsidies. The DBIL requires developers to maintain affordability for 30 years in exchange for concessions and /or incentives from the City, but this minimum period of restriction could be increased according to the terms of any subsidy program (RDA requirements require a 45- 55 year restriction period). The development of deed restricted affordable housing will help the City and RDA meet their affordable housing requirements. SUMMARY To summarize, the proposed text amendment involves the following: A density bonus and incentive program for affordable, senior, and child care developments. • Maximum parking requirements for developments utilizing the proposed ordinance. ENVIRONMENTAL DETERMINATION Pursuant to the California Environmental Quality Act (CEQA), an Initial Study was completed to analyze the potential environmental impacts of the proposed project. The Initial Study concluded that the proposed project would have no significant environmental impacts. Negative Declaration No. 2008 -02 for this project has been prepared and released for public review. The review period commenced on March 5, 2008 and ended on March 25, 2008. The City of Lake Elsinore is required by State law to adopt an ordinance to implement California Government Code Chapter 4.3 Section 65915 et. seq., Density Bonuses and Other Incentives. The impact of an increase in density or a reduction in the development regulations for a specific project will be evaluated as part of each specific project. - Agenda Item No. 17 Page 32 of 101 REPORT TO PLANNING COMMISSION APRIL 1, 2008 TEXT AMENDMENT NO. 2008 -02 FISCAL IMPACT Higher densities may cause additional infrastructure costs, which may be proportionately offset by the additional residents contributing to sales tax revenue. The proposed text amendment would not change the overall scope or complexity of planning, zoning, or development standards and as such would require a less than significant amount of additional staff time or resources to administer. There would be no foreseeable negative fiscal impact to the City resulting from the administration or enforcement of the proposed ordinance. To the extent that monitoring the affordability of the resulting projects for 30 -55 years would cost the City money, the City may establish fees to cover its monitoring activities. It is recommended that the Planning Commission adopt Resolution No. 2008 -_, recommending to the City Council of the City of Lake Elsinore approval of Zoning Ordinance Text Amendment No. 2008 -02 and adoption of the Negative Declaration 2008 -02 Therefor. Prepared By: Steve McCarty Redevelopment Project Manager Approved By: Rolfe M. Preisendanz Director of Community Developme ATTACHMENTS: 1. PLANNING COMMISSION RESOULTION 2. DENSITY BONUS ORDINANCE 3. NEGATIVE DECLARATION Agenda Item No. 17 Page 33 of 101 RESOLUTION NO. 2008- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF ZONING ORDINANCE TEXT AMENDMENT NO. 2008 -02 AND THE ADOPTION OF THE NEGATIVE DECLARATION THEREFOR WHEREAS, California Government Code Section 65915 requires that each city adopt an ordinance establishing local procedures for the administration of density bonuses and incentives; and WHEREAS, the City of Lake Elsinore desires to add Chapter 17.26 of the Lake Elsinore Municipal Code to conform with state law and to establish procedures and regulations with respect to density bonuses and incentives within the City of Lake Elsinore; and WHEREAS, pursuant to Section 15070 of the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.) a Negative Declaration was prepared and revealed that the proposed Text Amendment will not have a significant effect on the environment; and WHEREAS, the Planning Commission has been delegated with the responsibility of making recommendations to the City Council regarding amendments to the Lake Elsinore Zoning Code; and WHEREAS, public notice of the application has been given, and the Planning Commission has considered evidence presented by the Community Development Department, Redevelopment Agency Staff, and other interested parties at a public hearing held with respect to this item on April 1, 2008. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission finds and determines that the proposed Text Amendment will not have a significant impact on the environment and hereby adopts the Negative Declaration. The Planning Commission further finds and determines that the Negative Declaration was prepared in accordance with CEQA Guidelines Section 15070 -15075 and reflects the City's independent judgment. In accordance with CEQA Guidelines 15105, the public review period opened March 5, 2008 and closed on March 25, 2008. It is hereby recommended that the City Council adopt the proposed Negative Declaration. SECTION 2. The Planning Commission makes the following findings for approval of the proposed text amendment: Agenda Item No.,17 Page 34 of 101 PLANNING COMMISSION RESOLUTION NO. 2008- PAGE 2 OF 2 A. The proposed Text Amendment will not be detrimental to the health, safety, comfort, or the general welfare of the persons working or residing within the City. These revisions increase the quantity and quality of the City's affordable housing thereby providing more Lake Elsinore residents with safe, healthy, and comfortable places to live. B. The proposed Text Amendment will not be injurious to property or improvements within the City as the proposed revisions and modifications are an overall beneficial enhancement to development in the City. The amendments promote new development and encourage efficient use of the City's limited resources. C. The proposed Text Amendment are consistent with the General Plan and Community Design Element and serve as an important link between the City's built environment and the natural environment. Density bonuses, incentives and concessions granted in connection with qualified housing projects will not only satisfy state law but will lead to a more cohesive, mobile, community feel. SECTION 3. Based upon the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby recommends that the City Council approve Zoning Ordinance Text Amendment 2008 -02 and Negative Declaration 2008 -02 Therefor. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 1st day of April, 2008, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman City of Lake Elsinore Planning Commission ATTEST: Rolfe Preisendanz Director of Community Development Agenda Item No. 17 Page 35 of 101 ORDINANCE NO. 2008- AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 17.26 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING DENSITY BONUSES WHEREAS, California Government Code Section 65915 requires that each city adopt an ordinance establishing local procedures for the administration of density bonuses and incentives; and WHEREAS, the City of Lake Elsinore desires to add Chapter 17.26 of the Lake Elsinore Municipal Code to conform with state law and to establish procedures and regulations with respect to density bonuses and incentives within the City of Lake Elsinore; and WHEREAS, accordingly, it is the purpose and intent of the City Council of the City of Lake Elsinore to add Chapter 17.26 to the Lake Elsinore Municipal Code as set forth herein. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ORDAINS AS FOLLOWS: SECTION 1. That Chapter 17.26 be added to the Lake Elsinore Municipal Code, as follows: Section 17.26.010. Purpose. The purpose of this Chapter 17.26 is to satisfy the City's obligations under Government Code Section 65915 et seq. (the "State Density Bonus Law "), as amended from time to time. This Chapter 17.26 specifies the procedures for providing density bonuses and incentives to applicants who seek such density bonuses for housing development within, or for the donation of land for housing within, the City of Lake Elsinore. Interpretation of the requirements, definitions, and standards set forth in this Chapter 17.26 shall be construed so as not to be inconsistent with the State Density Bonus Law. Section 17.26.020. Definitions. As used in this Chapter, the following terms shall have the following meanings unless otherwise indicated from the context: "Additional Incentive" shall have the meaning set forth in Section 17.26.045(a) of this Chapter. "Affordable Rent" means monthly housing expenses, including a reasonable allowance for utilities, for Restricted Units reserved for rental to Very Low or Lower Income Households, not exceeding the following calculations: (1) Very Low Income: 50 percent of the Area Median Income for the county, adjusted for household size, multiplied by 30 percent and divided by 12; and Agenda Item No. 17 Page 36 of 101 (2) Lower Income: 60 percent of the Area Median Income for the county, adjusted for household size, multiplied by 30 percent and divided by 12. "Affordable Housing Cost' means the sum of actual or projected monthly payments for all of the following associated with for -sale Restricted Units: principal and interest on a mortgage loan, including any loan insurance fees, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, homeowners' association fees, and a reasonable allowance for utilities; provided that such sum meets the requirements set forth in Section 50052.5 of the Health and Safety Code. "Affordable Sales Price" means a sales price at which households can qualify for the purchase of Restricted Units based on Affordable Housing Cost for the particular Household Type the project is restricted to (e.g., Very Low Income, Lower Income, or Moderate Income Household), calculated on the basis of underwriting standards of mortgage financing available for the development. "Area Median Income" means the median family income of a geographic area of the state, as published annually by the California Department of Housing and Community Development pursuant to Health and Safety Code Section 50093. "Child Care Facility" means a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school age child care centers. "Common Interest Development" means a multifamily development complying with the requirements of subdivision (c) of Section 1351 of the Civil Code. "Density Bonus" means, unless a lesser percentage is requested by the applicant, a minimum increase in the number of dwelling units authorized for a particular parcel of land of: (i) at least 5 percent over the otherwise Maximum Residential Density if the project does not meet the requirements of subsection (a)(1), (a)(2), or (a)(3) of Section 17.26.030 hereof and the project is a Common Interest Development or Planned Development that meets the requirements of subsection (a)(4) of Section 17.26.030 hereof. The percentage of Density Bonus granted shall increase by 1 percent for every 1 percent increase above 10 percent (the threshold percentage of units required by Section 17.26.030(a)(4)), up to a maximum Density Bonus of 35 percent over the Maximum Residential Density; or (ii) at least 20 percent over the otherwise Maximum Residential Density for projects containing units restricted to occupancy by Lower Income Households. The percentage of Density Bonus Agenda Item No. 17 -- Page 37 of 101 granted shall increase by 1.5 percent for every 1 percent above 10 percent (the threshold percentage of units required by Section 17.26.030(a)(1)) up to a maximum Density Bonus of 35 percent over the Maximum Residential Density; or (iii) at least 20 percent over the permitted Maximum Residential Density for projects containing units restricted to occupancy by Very Low Income Households. The percentage of Density Bonus granted shall increase by 2.5 percent for every 1 percent above 5 percent (the threshold percentage of units required by Section 17.26.030(a)(2)), up to a Maximum Density Bonus of 35 percent over the Maximum Residential Density; or (iv) 20 percent over the Maximum Residential Density if the Project meets the requirements of Subsection (a)(3) of Section 17.26.030 hereof. For the purpose of calculating a Density Bonus, the residential units do not have to be based upon individual subdivision maps or parcels. When calculating the Density Bonus, the applicant requesting the Density Bonus shall elect whether the bonus shall be awarded on the basis of subdivision (a)(1), (a)(2), (a)(3), or (a)(4) of Section 17.26.030 of this Chapter. The Density Bonus shall be permitted in geographic areas of the Housing Development other than the areas where the units for the Very Low, Moderate, or Lower Income Households are located. The amount of Density Bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in Section 17.26.030 of this Chapter. All Density Bonus calculations resulting in fractional numbers shall be rounded up to the next whole number. "Density Bonus Agreement" means a legally binding agreement between a developer and the City to ensure that the requirements of this Chapter are satisfied. The agreement, among other things, shall establish the number of Restricted Units, their size, location, terms and conditions of affordability, and production schedule. See Section 17.26.060 of this Chapter. "Density Bonus Law" means California Government Code Section 65915 et seq., as amended from time to time. "Density Bonus Units" means those residential units granted pursuant to the provisions of this Chapter which exceed the otherwise Maximum Residential Density for the development of the site. "Development Standard" includes site or construction conditions that apply to a residential development pursuant to any ordinance, general plan element, specific plan, municipal code amendment, or other local condition, law, policy, resolution, or regulation. "Economically Feasible' means a housing project that can be built with a Agenda Item No. 17 Page 38 of 101 reasonable rate of return. The housing developer's financial ability to build the project shall not be a factor. "Eligible Project" means a residential development project qualifying for a Density Bonus within the meaning of this Chapter. "Household Type" means whether the occupants of the housing units are members of a Very Low Income, Lower Income, or Moderate Income Household or are Senior Citizens. "Housing Development" means one or more groups of projects consisting of five or more residential units (excluding Density Bonus Units), including single - family, multifamily, and mobile homes for sale or rent pursuant to this Chapter and including a subdivision or Planned Development or Common Interest Development. Housing Development also includes either (1) a project to substantially rehabilitate and convert an existing commercial building to residential use, or (2) the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Section 65863.4 of the Government Code, where the result of the rehabilitation would be a net increase in available residential units. "Lower Income Household" means a household whose gross income is as established by Health and Safety Code Section 50079.5, as amended from time to time. "Maximum Residential Density" means the maximum number of residential units allowed by the General Plan range specified on the land use map of the City's General Plan Land Use Element and Zoning Ordinance as of the date of the project application, excluding the provisions of this Chapter. If the Housing Development is within a planned development overlay zone, the Maximum Residential Density shall be determined on the basis of the general plan and the maximum density of the underlying zone. "Moderate Income Household" means a household whose gross income is as established by Health and Safety Code Section 50093, as amended from time to time. 'Planned Development' means a development described in subdivision (k) of Civil Code Section 1351, as amended from time to time. 'Restricted Unit' means a dwelling unit within a Housing Development which will be reserved for sale or rent to, and affordable to, Very Low Income, Lower Income, or Moderate Income Households or Senior Citizens in accordance with the terms of this Chapter. "Senior Citizen" means: (1) Persons at least 62 years of age; or Agenda Item No. 17 Page 39 of 101 (2) Persons at least 55 years of age in a Senior Citizen Housing Development, as defined by state and federal law. "Senior Citizen Housing Development' has the meaning set forth in Sections 51.3 and 51.2 of the California Civil Code, as amended from time to time. "Senior Citizen Units" means: (1) Assisted housing units for Senior Citizens; or (2) Housing intended for, and solely occupied by, persons at least 62 years of age; or (3) Housing consisting of at least 150 units in which 80 percent of the units have at least one person aged 55 or older and which provide special facilities and services designed for seniors. Eligibility for a Density Bonus or other incentive for Senior Citizen Units must be in conformity with state and federal laws governing senior housing projects; or (4) Mobilehome parks that limit residency based on age requirements for housing for older persons pursuant to Sections 798.76 or 799.5 of the Civil Code, as amended from time to time. "Very Low Income Household" means a household whose gross income is as established by Health and Safety Code Section 50105, as amended from time to time. Section 17.26.030. Occupancy Standards. (a) The City shall grant a Density Bonus and at least one Additional Incentive as set forth in Sections 17.26.040 and 17.26.045 hereof, or provide other incentives or concessions of equivalent financial value based upon the land cost per dwelling unit, except as provided in Section 17.26.040 below, to a project applicant of a Housing Development, who applies for and agrees to provide any of the following: (1) At least 10 percent of the units (excluding Density Bonus Units) as Restricted Units restricted to occupancy by Lower Income Households; or (2) At least 5 percent of the units (excluding Density Bonus Units) as Restricted Units restricted to occupancy by Very Low Income Households; or (3) At least 35 units restricted as Senior Citizen Units, unless prohibited by state and /or federal law; or (4) At least 10 percent of the units (excluding Density Bonus Units) in a Common Interest Development or a Planned Agenda Item No. 17 Page 40 of 101 Development as Restricted Units restricted to occupancy by Moderate Income Households. (b) When an applicant proposes to construct a Housing Development that conforms to the requirements of subsection (a) above and includes a Child Care Facility that will be located on the premises of, as part of, or adjacent to, the Housing Development project, the City shall grant either of the following, except as provided in Section 17.26.040 below: (1) an additional Density Bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the Child Care Facility; or (2) an Additional Incentive that contributes significantly to the economic feasibility of the construction of the Child Care Facility. (c) In determining the minimum number of Density Bonus Units to be granted pursuant to this section, the Maximum Residential Density for the site shall be multiplied by the appropriate percentage(s) set forth in the definition of Density Bonus. When calculating the number of permitted Density Bonus Units, any fractions of units shall be rounded to the next largest integer. (d) In determining the number of Restricted Units to be provided pursuant to this section, the Maximum Residential Density for the site shall be multiplied by 0.05 where Very Low Income Households are targeted or by 0.10 where Moderate or Lower Income Households are targeted. The Density Bonus Units shall not be included when determining the total number of Restricted Units in the Housing Development. When calculating the required number of Restricted Units, any resulting decimal fraction shall be rounded to the next largest integer. (e) In cases where a density increase of less than 5 percent (for a qualifying Common Interest Development or Planned Development) or 20 percent (for Restricted Units targeted to Very Low Income Households and /or Lower Income Households) is requested, no reduction will be allowed in the number of Restricted Units required. In cases where a density increase of more than 35 percent is requested, the requested density increase, if granted, shall be considered an Additional Incentive, as outlined in Section 17.26.045 hereof. (f) If a project applicant agrees to construct more than 10 percent of the total units for Lower Income Households, more than 5 percent of the total units for Very Low Income Households, or more than 10 percent of the total units in a Common Interest Development or Planned Development for Moderate Income Households, such that the calculation of Density Bonus Units would result in a Density Bonus of more than 35 percent, the project sponsor remains entitled to only one Density Bonus and an Additional Incentive(s) pursuant to Sections 17.26.040 and 17.26.045 hereof. Similarly, a project applicant who agrees to construct Senior Citizen housing with 10 percent or 5 percent of the units reserved for Lower or Very Low Income Households, respectively, or 10 Agenda Item No. 17 Page 41 of 101 percent of the total units in a Senior Citizen Common Interest Development for Moderate Income Households, is only entitled to one Density Bonus and an Additional Incentive(s). The City may, however, grant Additional Incentives in addition to those required by Sections 17.26.040 and 17.26.045 hereof to facilitate the inclusion of more Restricted Units than are required by this Chapter. (g) If an applicant agrees to construct both 10 percent of the total units for Lower Income Households and 5 percent of the total units for Very Low Income Households, or either one or both of the foregoing and 10 percent of the units in a Common Interest Development or Planned Development for Moderate Income Households, the developer is entitled to only one Density Bonus and the Additional Incentive(s) required by Sections 17.26.040 and 17.26.045 hereof, although the City may, at its discretion, grant more than one Density Bonus or Additional Incentive to facilitate the inclusion of more Restricted Units than are required by this Chapter. (h) The City shall not be required to approve a project solely because a project complies with Density Bonus requirements. However, a Housing Development which seeks and qualifies for a Density Bonus and Additional Incentive(s) cannot be approved without granting the Density Bonus and the Additional Incentive(s) or an alternative incentive of equivalent financial value based upon the land cost per dwelling unit. (i) Nothing in this Chapter limits the City's right to deny an affordable housing project as provided for in Government Code Section 65589.5, as amended from time to time. Section 17.26.035. Donation of Land. When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the City as provided for in this Section 17.26.035, the applicant shall be entitled to a 15- percent increase above the otherwise Maximum Residential Density for the entire development. For each 1 percent increase above the minimum 10 percent land donation described in subsection (2) below, the Density Bonus shall be increased by 1 percent, up to a maximum of 35 percent. This increase shall be in addition to any Density Bonus and /or Additional Incentive(s) to which the applicant is entitled as a result of its qualification, if any, under Section 17.26.030(a) above, up to a maximum combined mandated density increase of 35 percent if an applicant seeks both the increase required pursuant to this Section and Section 17.26.030(a). All density calculations resulting in fractional units shall be rounded up to the next whole number. Nothing in this Section shall be construed to enlarge or diminish the authority of the City to require a developer to donate land as a condition of development. An applicant shall be eligible for the increased density described in this Section if all of the following conditions are met: (1) The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application. Agenda Item No. 17 Page 42 of 101 (2) The developable acreage and zoning classification of the land being transferred to the City are sufficient to permit construction of Restricted Units affordable to Very Low Income Households in an amount not less than 10 percent of the number of residential units of the proposed development. (3) The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible. No later than the date of approval of the final subdivision map, parcel map, or of the residential development, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the Very Low Income housing units on the transferred land, except that the City may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Health and Safety Code Section 65583.2, as amended from time to time, if the design is not reviewed by the City prior to the time of transfer. (4) The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with Section 17.26.050, which shall be recorded on the property at the time of dedication. (5) The land is transferred to the City or to a housing developer approved by the City. The City may require the applicant to identify and transfer the land to another developer. (6) The transferred land shall be within the boundary of the proposed development or, if the City agrees, within one - quarter mile of the boundary of the proposed development. Section 17.26.040. Grant or Denial of Additional Incentives (a) The City shall provide a Density Bonus and the following number of Additional Incentives for qualified Housing Developments, upon the written request of the developer. The developer shall receive the following number of Additional Incentives: (1) One Additional Incentive for projects that include at least 10 percent of the total units for Lower Income Households, at least 5 percent for Very Low Income Households, or at least 10 percent for persons and families of moderate income in a Common Interest Development or Planned Development. (2) Two Additional Incentives for projects that include at least 20 percent of the total units for Lower Income Households, at least 10 Agenda Item No. 17 Page 43 of 101 percent for Very Low Income Households, or at least 20 percent for Moderate Income Households in a Common Interest Development or Planned Development. (3) Three Additional Incentives for projects that include at least 30 percent of the total units for Lower Income Households, at least 15 percent for Very Low Income Households, or at least 30 percent for Moderate Income Households in a Common Interest Development or Planned Development. (b) The City shall grant the Additional Incentive(s) unless the City makes a written finding, based on substantial evidence, of either of the following: (1) The Additional Incentive is not required in order to provide for Affordable Housing Costs, or for rents for the Restricted Units to be set as specified in Section 17.26.050 hereof. (2) The Additional Incentive would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon the public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to Very Low, Lower, and Moderate Income Households. (c) The City may offer an equivalent financial incentive in lieu of granting a Density Bonus and the Additional Incentive(s). The value of the equivalent financial incentive shall equal at least the land cost per dwelling unit savings that would result from (i) the Density Bonus and the Additional Incentive(s) otherwise required by this Chapter, or (ii) the Density Bonus required by this Chapter, where an Additional Incentive is not requested or is determined unnecessary. Any equivalent financial incentive must contribute significantly to the economic feasibility of providing the Restricted Units pursuant to this Chapter. (d) Notwithstanding any requirement of this Chapter, the City shall not be required to provide a Density Bonus or Additional Incentive(s) for a Child Care Facility if it finds, based upon substantial evidence, that the community has adequate child care facilities. Section 17.26.045. Additional Incentives. (a) Additional Incentives may include, but are not limited to, any of the following: (1) A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 Agenda Item No. 17 Page 44 of 101 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required. (2) Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the Housing Development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located. (3) Other regulatory concessions proposed by the project sponsor or the City, which result in identifiable cost reductions. Permissible concessions include, but are not limited to: Reduction of park land dedication fees; ii. Provision of tax - exempt financing or other financial assistance as approved by the City Council or Redevelopment Agency; and iii. Reduction or elimination of child care fees. iv. Expedited processing of applicant's use application and building permits. (4) A Density Bonus of more than 35 percent, but not greater than 50 percent. (5) Direct financial aid (e.g., redevelopment set - aside, community development block grant funding) in the form of a loan or a grant to subsidize or provide low interest financing for on- or off -site improvements, land, or construction costs. (b) An applicant may submit to the City a proposal for the specific Additional Incentive(s) it is requesting, and /or for a waiver or reduction of zoning or development standards (hereinafter "Waiver or Modification "), and may request a meeting with the City. The City shall grant such a meeting to the applicant. (c) Applicants seeking a Waiver or Modification that would otherwise inhibit the utilization of a Density Bonus on a particular site shall comply with procedures set forth herein below in Section 17.26.070(g) of this Chapter. Applicant shall not be required to seek a general plan amendment, zoning change, or other discretionary approval when requesting a Waiver or Modification in accordance with this Chapter. (d) The City may offer an equivalent financial incentive in lieu of granting a Density Bonus and any Additional Incentive(s) in accordance with Agenda Item No. 17 Page 45 of 101 Section 17.26.040(c) hereof. Section 17.26.050. Affordability Standards. (a) For units restricted to occupancy by Very Low and Lower Income Households that qualified the applicant for the award of the Density Bonus, an applicant shall agree to, and the City shall require, continued affordability of the Restricted Units for 30 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Those units targeted for Lower and Very Low Income Households shall be affordable at a rent as defined in Section 50053 of the Health and Safety Code, as amended from time to time. (b) An applicant shall agree to, and the City shall require, that the initial occupants of Restricted Units that are directly related to the receipt of a Density Bonus in a Common Interest Development or in a Planned Development qualify as Moderate Income Household(s). Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The seller shall pay to the City both the initial subsidy received by the seller from the City and the City's proportionate share of appreciation. The City's proportionate share of the appreciation shall then be used within three years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code to promote homeownership. For purposes of this subdivision, the City's proportionate share of appreciation shall be the ratio of the initial subsidy to the fair market value of the home at the time of the initial sale. The local government's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to moderate income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value. (c) A Density Bonus Agreement between the project applicant and the City shall be made a condition of the discretionary planning permits for all Housing Developments seeking a Density Bonus pursuant to this Chapter. The Density Bonus Agreement shall be recorded as a restriction on the parcel or parcels on which the Restricted Units will be constructed prior to the commencement of the construction. The Density Bonus Agreement shall be consistent with Section 17.26.060 hereof and include any other applicable requirements set forth elsewhere in this Chapter. (d) Restricted Units in a project and phases of a project shall be constructed concurrently with or prior to the construction of market -rate units unless both the City and the project applicant agree within the Density Bonus Agreement to an alternative schedule for development. (e) Restricted Units shall be provided as follows: Agenda Item No. 17 Page 46 of 101 (1) When practical, Restricted Units shall be dispersed throughout the project; (2) Restricted Units shall be built on -site; (3) Restricted Units shall be identical with the design of any market rate rental units in the project with the following exception: Reduction of interior amenities for Restricted Units will be permitted upon prior approval by the City as necessary to retain project affordability. (4) Where feasible, the number of bedrooms of the Restricted Units shall be equivalent to the bedroom mix of the nonrestricted units of the Housing Development, except that the developer may include a higher proportion of Restricted Units with more bedrooms. (f) Housing Developments shall comply with all applicable development standards, except as provided by this Chapter. (g) The project applicant shall submit a detailed project financial report (pro forma) in such form as required by the City, which demonstrates the financial need for the Additional Incentives requested. The City may retain a consultant to review the financial report. The cost of the consultant shall be borne by the developer with the following exception: If the applicant is a nonprofit organization, the cost of the consultant may be paid by the City upon prior approval of the City Council. (h) If the applicant has applied to construct a Housing Development that includes a Child Care Facility, then, as a condition of the approval of the Housing Development, the applicant shall agree to cause the Child Care Facility to (a) remain in operation for a period of time that is as long as or longer than the period of time during which the Restricted Units are required to remain restricted and affordable to Very Low, Lower and /or Moderate Income Households, as applicable, in accordance with this Chapter; and (b) include in its attendance a percentage of children from Very Low, Lower and /or Moderate Income Households, as applicable, proportionate to or greater than the percentage of Restricted Units in the project restricted to such Very Low, Lower and /or Moderate Income Households, as applicable, required by this Chapter. (i) Upon the request of the developer, the City shall not require a vehicular parking ratio, inclusive of handicapped and guest parking, of a development meeting the criteria of subsection (a) of Section 17.26.030 hereof, that exceeds the following ratios: (1) Zero to one bedrooms: one onsite parking space. (2) Two to three bedrooms: two onsite parking spaces. (3) Four and more bedrooms: two and one -half onsite parking spaces. Agenda Item No. 17 Page 47 of 101 If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this Section, a development may provide "onsite parking" through tandem parking or uncovered parking, but not through on- street parking. This Section shall apply to a development that meets the requirements of subsection (a) of Section 17.26.030 hereof but only at the request of the applicant. An applicant may request additional parking incentives or concessions beyond those provided in this section, subject to Sections 17.26.035 and 17.26.045 hereof. Section 17.26.060. Density Bonus Agreement Requirements. (a) All Restricted Units shall be occupied by the Household Type specified in the written Density Bonus Agreement required under this section. The required Density Bonus Agreement shall be recorded as a deed restriction running with the land. The approval and recordation of the deed restriction shall take place prior to final map approval or, where a map is not being processed, prior to issuance of building permits for such parcels or units. The Density Bonus Agreement shall be binding on the current owner and all future owners and successors in interest thereof. (b) The Density Bonus Agreement shall include at least the following: (1) The total number of units approved for the Housing Development, including the number of Restricted Units; (2) A description of the Household Type to be accommodated by the Restricted Units, as outlined in Section 17.26.030 of this Chapter, and the standards for determining the corresponding Affordable Rent or Affordable Sales Price at an Affordable Housing Cost; (3) The location, unit sizes (square feet), and number of bedrooms of Restricted Units; (4) Tenure of use restrictions for Restricted Units of at least 30 years or the requirement of an equity share upon sale of the unit, in accordance with Section 17.26.050 of this Chapter; (5) A schedule for completion and occupancy of the Housing, Development, including the Restricted Units; (6) A description of the Additional Incentive(s) being provided by the City; (7) A description of remedies for breach of the agreement by either party; (8) If applicable, the provisions required by Section 65916 of the Government Code, as amended from time to time; and Agenda Item No. 17 Page 48 of 101 (9) Other provisions to ensure implementation and compliance with this Chapter. (c) In the case of for -sale Housing Developments, the Density Bonus Agreement shall provide for the following conditions governing the initial sale and use of Restricted Units: (1) Restricted Units shall, upon initial sale, be sold to eligible Very Low, Lower, or Moderate Income Households at an Affordable Sales Price and Affordable Housing Cost, or to Senior Citizens (i.e., maintained as Senior Citizen housing) as defined by this Chapter; (2) Restricted Units shall be initially owner - occupied by eligible Very Low, Lower, or Moderate Income Households, or by Senior Citizens in the case of Senior Citizen housing; and (3) The initial purchaser of each Restricted Unit shall execute an instrument or agreement approved by the City agreeing to pay the City its proportionate share of appreciation upon the sale of the Restricted Unit in accordance with Section 17.26.050(b) of this Chapter. Such instrument or agreement shall be recorded against the parcel containing the Restricted Unit and shall contain such provisions as the City may require to ensure continued compliance with this Chapter and the State Density Bonus Law. (d) In the case of rental Housing Developments, the Density Bonus Agreement shall provide for the following conditions governing the use of Restricted Units during the use restriction period: (1) The requirements and procedures for qualifying tenants, establishing Affordable Rent, filling vacancies, and maintaining Restricted Units for qualified tenants; (2) Provisions requiring owners to verify tenant incomes and maintain financial books and records to demonstrate compliance with this Chapter; (3) Provisions requiring owners to submit an annual report to the City, which includes the name, address, and income of each person occupying any Restricted Unit, and which identifies the bedroom size and monthly rent or cost of each Restricted Unit; and (4) Property management and maintenance guarantees. (e) If the applicant has applied to construct a Housing Development that includes a Child Care Facility, then the Density Bonus Housing Agreement shall include provisions which require continued compliance with the requirements of Subsection (g) of Section 17.26.050 above. (f) The City may establish fees associated with establishing and Agenda Item No. 17 Page 49 of 101 monitoring of Restricted Units. Section 17.26.070. Application Procedure. (a) A project applicant may submit to the Community Development Department a preliminary application for the development of housing pursuant to this Chapter prior to the submittal of any formal application. The City shall, within 90 days of receipt of the preliminary application, notify the project applicant in writing of its procedures for granting a Density Bonus and /or Additional Incentives if such benefits are requested. The project applicant may also submit a preliminary application for a Waiver or Modification pursuant to this Chapter. The City's procedures for Waiver and Modification are set forth below in subdivision (g) of this Section. (b) Applicants are encouraged to schedule a pre - application conference with the Director of Community Development or designated staff to discuss and identify potential application issues, including prospective Additional Incentive(s). No charge will be required for the pre - application conference. (c) A preliminary application shall include the following information: (1) A brief description of the proposed Housing Development, including the total number of units, Restricted Units, and Density Bonus Units proposed. (2) The zoning and general plan designations and assessors parcel number(s) of the project site. (3) A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveway, and parking layout. (4) If an Additional Incentive is requested, the application should describe why the Additional Incentive is necessary to provide the Restricted Units. (5) Other information as may be required by the Planning and Community Development Departments. (d) Within 90 days of receipt of the preliminary application the City shall provide to an applicant, a letter which identifies project issues of concern, the maximum financial assistance that the Director of Community Development can provide when making a recommendation to the City Council, and the procedures for compliance with this Chapter. (e) The Director of Community Development shall inform the applicant/developer that the requested Additional Incentive(s) shall be recommended for consideration with the proposed Housing Development, or that alternative or modified Additional Incentive(s) pursuant to this Chapter shall be recommended for consideration in lieu of the requested Additional Incentive(s). If alternative or modified Additional Incentive(s) are recommended by the Director Agenda Item No. 17 Page 50 of 101 of Community Development; the recommendation shall establish how the alternative or Additional Incentive(s) can be expected to have an equivalent affordability effect as the requested Additional Incentive(s). (f) An application pursuant to this Chapter shall be processed concurrently with any other application(s) required for the Housing Development. The decision - making body authorized to approve the discretionary permit for the underlying project shall also be the decision - making body for the Density Bonus application. If the underlying project is a use by right (i.e., does not require any discretionary permit), the decision - making body for the Density Bonus application shall be the Director of Community Development and the review process shall follow the process set forth for the Director of Community Development's permits established by the City. An application for a Density Bonus shall provide additional information as specified in this Chapter, specifically: (1) A written statement specifying the information set forth in subsection (a) above; (2) A project financial report (pro forma); (3) If a Waiver or Modification is requested, the application should describe why deviation from the established development or zoning standards is necessary to provide the Restricted Units, in accordance with this Chapter; and (4) Any other information requested by the Director of Community Development. (g) An applicant requesting Waiver or Modification must follow the following procedures: (1) File an application with the Director of Community Development seeking a Waiver or Modification. The application shall demonstrate that such deviations are necessary to make the Housing Development Economically Feasible in accordance with Government Code Section 65915(f), as amended from time to time. (2) The Director of Community Development or his /her designee shall review the application seeking a Waiver or Modification. After reviewing the application, the Director of Community Development shall set the matter for a public hearing before the Planning Commission at which hearing evidence shall be taken. (3) Written notice of the hearing shall be mailed, at least twenty - four (24) days before the date of the hearing. The notice shall be delivered to the applicant and property owners and occupants of property within five hundred feet (500') of the property that is subject to the request. (4) The Director of Community Development shall prepare a Agenda Item No. 17 Page 51 of 101 report to the Planning Commission with conclusions and recommendations relating to the request for a Waiver or Modification. (5) The Planning Commission shall make a determination supported by substantial evidence on the application for Waiver or Modification. The Planning Commission's decision shall be supported by written findings. (6) An application for Waiver or Modification may be denied only on the grounds set forth in subdivision (d)(2) of Government Code Section 65915, as amended from time to time. (7) The Planning Commission shall provide the applicant with Notice of Determination within fifteen (15) calendar days of the date the decision is made. (8) The Planning Commission decision is final unless appealed to the City Council within fifteen (15) calendar days of the date of the mailing of the Notice of Determination. SECTION 2. SEVERABILITY If any provision, clause, sentence, or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 3. NOTICE OF ADOPTION The City Clerk shall certify as to adoption of the Ordinance and cause this Ordinance to be published and posted in the manner required by law. SECTION 4. EFFECTIVE DATE This Ordinance shall take effect thirty (30) days after the date of its passage. The City Clerk shall certify as to adoption of the Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, UPON FIRST READING this the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: day of 2008, by Agenda Item No. 17 Page 52 of 101 PASSED, APPROVED AND ADOPTED this _ day of 2008, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Daryl Hickman, Mayor City of Lake Elsinore ATTEST: Vivian Munson, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore Agenda Item No. 17 Page 53 of 101 CITY OF LADE LSII`IOKE INITIAL STUDY/ NEGATIVE DECLARATION NO.2oo8 -02 for Zoning Ordinance TextAmendment No. 2008 -02 Prepared By: City of Lake Elsinore Community Development Department 13o South Main Street Lake Elsinore, CA 92530 March 2oo8 Agenda Item No. 17 Page 54 of 101 REPORT TO PLANNING COMMISSION APRIL 1, 2008 TEXT AMENDMENT NO. 2008 -02 INITIAL STUDY Introduction This Initial Study has been prepared in accordance with relevant provisions of the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000, at seq.: "CEQA") and the State Guidelines for Implementation of CEQA (14 Cal. Code Regs §§ 15000 et seq.: "CEQA Guidelines'). According to Section 15063(c) of the CEQA Guidelines, the purposes of an Initial Study are to: 1. Provide the Lead Agency (i.e., the City of Lake Elsinore) with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR) or Negative Declaration; and to 2. Enable an applicant or Lead Agency to modify project to mitigate adverse impacts before an EIR is prepared, thereby enabling the project to quality for a Negative Declaration or Mitigated Negative Declaration; and to 3. Assist in the preparation of an EIR, if one is required; and to 4. Facilitate environmental assessment early in the design of a project; and to 5. Provide documentation of the factual basis for the findings in a Negative Declaration or Mitigated Negative Declaration that a project will not have a significant effect on the environment; and to 6. Eliminate unnecessary EIRs; and.to 7. Determine whether a previously prepared EIR could be used with the project. Agenda Item No. 17 Page'b5 of 101 REPORT TO PLANNING COMMISSION APRIL 1, 2008 TEXT AMENDMENT NO. 2008-02 INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM Project Title: Zoning Ordinance Text Amendment No. 2008 -02 2. Lead Agency Name and Address: City of Lake Elsinore 130 South Main Street Lake Elsinore, California 92530 3. Contact Person and Phone Number: Wendy Worthey, Environmental Planner (951) 674 -3124, ext. 288 4. Proiect Location: Citywide 5. Project Applicant Name and Address: City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 6. General Plan Designation(s): Includes all General Plan designations in which single - family, multifamily, and mixed -use development is permitted. 7. Zoning: All zoning districts in which single - family, multifamily, and mixed -use development is permitted. 8. Description of Project: California State Government Code Section 65915 mandates local governments to implement a program that provides density bonuses, incentives and concessions, waivers, and uniform parking standards for development projects that meet certain requirements concerning the inclusion of very low, low, or moderate income, or senior housing units. The proposed Text Amendment will add Chapter 17.26 (Density Bonuses) to the Lake Elsinore Municipal Code establishing guidelines for implementation of the State Density Bonus Law. The Density Bonus Ordinance provides for the following: Density bonuses and from 1 to 3 incentives or concessions related to development standards for: (1) projects of 5 or more units that include at least 10 percent of the units for lower income households or 5 perce�t f t ieN gen a e o. 17 Page 56 of 101 REPORT TO PLANNING COMMISSION APRIL 1, 2008 TEXT AMENDMENT NO. 2008 -02 units for very low income households, (2) projects that include 10 percent of the units for moderate income households in a condominium project or planned development and (3) senior housing developments. The percentage of units to be added as a density bonus, from 5 to 35 percent, depends on the income level to which the units are affordable and the percentage of units that are affordable. The program also grants a density bonus of 20% to senior developments of 35 or more restricted units. A procedure for granting or denying requests for concessions or incentives. A process for waiving or modifying development standards that would otherwise preclude such projects. Under this program, certain findings may be made for denial of a request for concessions or incentives. The program establishes a bonus and entitles the project to an additional concession or incentive for providing a childcare facility that meets certain requirements. It also establishes a density bonus for applicants seeking a subdivision approval, if suitable land is donated for affordable housing. Finally, the parking requirements establish onsite parking ratios for all units in development projects that include the percentages of units necessary for a density bonus or concessions: one space for zero to one bedroom; two spaces for two or three bedrooms; two and one half spaces for four or more bedrooms. The ratios are inclusive of handicapped and guest parking. 9. Surrounding Land Uses and Setting: Varies by location. 10. None. Agenda Item No. 17 Page 57 of 101 REPORT TO PLANNING COMMISSION APRIL 1, 2008 TEXT AMENDMENT NO. 2008 -02 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Biological Resources ❑ Hazards &Hazardous Materials ❑ Mineral Resources ❑ Public Services ❑ Utilities /Service Systems ❑ Agricultural Resources ❑ Air Quality ❑ Cultural Resources ❑ Geology /Soils ❑ HydrologyMater Quality ❑ Land Use /Planning ❑ Noise ❑ Population /Housing ❑ Recreation ❑Traffic ❑ Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: ® 1 find the proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. ❑ I find that although the project could have a significant effect on the environment there will not be a significant effect in this case because revisions in the project have been made or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are Agenda Item. No. 17 Page 58 of'101 REPORT TO PLANNING COMMISSION APRIL 1, 2008 TEXT AMENDMENT NO. 2008 -02 imposed upon the proposed project, nothing further is required. Signature Wendy Worthey Print Name March 5, 2008 Date Principal Environmental Planner Title ENVIRONMENTAL IMPACT EVALUATION CHECKLIST 1. A "No Impact' answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact' answer should be explained where it is based on project - specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project - specific screening analysis). 2. All answers must take account of the whole action involved, including off -site as well as on- site, cumulative as well as project - level, indirect as well as direct, and construction as well as operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. 'Potentially Significant Impact' is appropriate if there is substantial evidence that an effect may be significant. If there are one or more 'Potentially Significant Impact' entries when the determination is made, an EIR is required. 4. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact' to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from "Earlier Analyses," cited in support of conclusions reached in other sections may be cross - referenced). 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a. Earlier Analysis Used — Identify and state where they are available for review. b. Impacts Adequately Addressed — Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Agenda Item No. 17 - Page 59 of 101 REPORT TO PLANNING COMMISSION APRIL 1, 2008 TEXT AMENDMENT NO. 2008-02 c. Mitigation Measures —For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site - specific conditions for the project. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8. The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significance. A. AESTHETICS Potentially Less Than Less than Significant Significant Significant No Impact Would the project: Impact With Impact Mitigation 1. Have a substantial adverse effect on a scenic vista? ❑ ❑ ❑ 2. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within ❑ ❑ ❑ a state scenic highway ?) 3. Substantially degrade the existing visual character or quality of the site and its surroundings ?) ❑ ❑ ❑ 4. Create a source of substantial light or glare, which would adversely affect day or ❑ ❑ ❑ nighttime views in the area? B. AGRICULTURAL RESOURCES* Would the project: Potentially Less Than Less than Significant Significant Significant No With Impact Impact Mitigation impact Agenda Item No. 17 Page 60 of 101 REPORT TO PLANNING COMMISSION APRIL 1, 2008 TEXT AMENDMENT NO. 2008 -02 B. AGRICULTURAL RESOURCES* Would the project: Potentially Less Than Less than Significant Significant Significant No With Impact Impact Mitigation Impact 5. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the❑ ❑ ❑ California Resources Agency, to nonagricultural use? 6. Conflict with existing zoning for agricultural use, or a Williamson Act❑ ❑ ❑ contract? 7. Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of❑ ❑ ❑ Farmland, to nonagricultural use? * In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agricultural and farmland. C. AIR QUALITY* Potentially Less Than Less than Significant Significant Significant With No Would the project: Impact Impact Impact Mitigation 8. Conflict with or obstruct implementation of ❑ ❑ El the applicable air quality plan? 9. Violate any air quality standard or contribute substantially to an existing or❑ ❑ ❑ projected air quality violation? 10. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air❑ ❑ ❑ quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? 11. Expose sensitive receptors to substantial ❑ El El pollutant concentrations ?) Agenda -Item No. 17 Page 61 of 101 REPORT TO PLANNING COMMISSION APRIL 1, 2008 TEXT AMENDMENT NO. 2008-02 C. AIR QUALITY* Would the project: Potentially Less Than Less than Significant Significant Significant No Im act With Si act Impact p Mitigation p 12. Create objectionable odors affecting a❑ El El substantial number of people ?) * Where available, the significant criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. D. BIOLOGICAL RESOURCES Would the project: Potentially Less Than Less than Significant Significant Significant No Impact Impact With Impact Impact 13. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or❑ regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? 14. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the❑ California Department of Fish and Game or U.S. Fish and Wildlife Service? 15. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh,❑ vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? 16. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or❑ impede the use of native wildlife nursery sites? ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Agenda Item No. 17 Page 62 of 101 REPORT TO PLANNING COMMISSION APRIL 1, 2008 TEXT AMENDMENT NO. 2008 -02 D. BIOLOGICAL RESOURCES Would the project: Potentially Less Than Less than Significant Significant Significant Significant No Impact Impact Mitigation impact 17. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation❑ ❑ ❑ policy or ordinance? 18. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other❑ ❑ ❑ approved local, regional, or state habitat conservation plan? E. CULTURAL RESOURCES Potentially Less Than Less than Significant Would the project: Significant Significant With No Impact Impact Mitigation Impact 19. Cause a substantial adverse change in the significance of a historical resource as❑ ❑ ❑ defined in Section15064.5? 20. Cause a substantial adverse change in the significance of an archaeological❑ ❑ ❑ resource pursuant to Section15064.5? 21. Directly or indirectly destroy a unique paleontological resource or site or unique❑ ❑ ❑ geological feature? 22. Disturb any human remains, including those interred outside of formal❑ ❑ ❑ cemeteries? F. GEOLOGY AND SOILS Potentially Less Than Less than No Significant Would the project: Significant With $ignificantlmpac Impact Impact Mitigation t 23. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: Agenda Item No. 17 Page 63 of 101 REPORT TO PLANNING COMMISSION APRIL 1, 2008 TEXT AMENDMENT NO. 2008-02 F. GEOLOGY AND SOILS Potentially Less Than Less than No Significant Would the project: Significant With Significantlmpac Impact Mitigation Impact t a. Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the ❑ ❑ area or based on other .substantial❑ evidence of known fault? Refer to Division of Mines and Geology Special Pub. 42. b. Strong seismic ground shaking? ❑ ❑ ❑ c. Seismic - related ground failure, including❑ El El liquefaction? d. Landslides? ❑ ❑ ❑ ® . 24. Result in substantial soil erosion, or the❑ El 11 loss of topsoil? 25. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially ❑ ❑ ❑ result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse 26. Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? ❑ ❑ ❑ 27. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system❑ ❑ ❑ where sewers are not available for the disposal of waste water? G. HAZARDS AND HAZARDOUS Less Than MATERIALS Potentially Significant Less than No Significant With Significant Impact p Would the project: Impact Mitigation Impact Agenda Item No. 17 Page 64 of 101 G.HAZARDS AND HAZARDOUS MATERIALS Potentially Significant Would the project: Impact 28. Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous❑ materials? 29. Create a significant hazard to the public or the environment through reasonably foreseeable up -set and accident conditions involving the release of❑ hazardous materials into the environment? 30. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within❑ one - quarter mile of an existing or proposed school? 31. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it❑ create a significant hazard to the public or the environment? 32. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the ❑ project result in a safety hazard for people residing or working in the project area? 33. For a project within the vicinity of a private airstrip, would the project result in a safety❑ hazard for people residing or working in the project area? 34. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation ❑ plan? 35. Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas❑ or where residences are intermixed with wildlands? Less Than Less than Significant With Significant Impact Mitigation Im P ❑ ❑ ❑ ❑ 0 0 X 0 n No Impact ►t ►1 ►_3 El 0 El 0 ❑ ❑ ❑ ❑ Agenda Item No. 17 Page 65 of 101 H. HYDROLOGY AND WATER QUALITY Would the project: Potentially Less Than Less than Significant Significant Significant No Impact Mitigation Impact Impact 36. Violate any water quality standards or❑ ❑ El waste discharge requirements? 37. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there ❑ would be a net deficit in aquifer volume or a lowering of the local groundwater table El ❑ ❑ level (e.g., the production rate of preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits El have been granted)? 38. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or ❑ ❑ ❑ amount of surface runoff in a manner which ❑ would result in substantial erosion or siltation on- or off -site? 39.Create or contribute runoff water, which would exceed the capacity of existing or planned storm water drainage systems or❑ ❑ ❑ provide substantial additional sources of polluted runoff? 40.Otherwise substantially degrade water❑ El El quality? 41. Place housing within a 100 -year flood hazard area as mapped on a federal Flood ❑ ❑ Hazard Boundary or Flood Insurance Rate❑ Map or other flood hazard delineation map? 42. Place within a 100 -year flood hazard area structures which would impede or redirect❑ ❑ ❑ flood flows? 43. Expose people or structures to a significant risk of loss, injury or death involving ❑ El E] flooding, including flooding as a result of the failure of a levee or dam? 44. Inundation by seiche, tsunami, or mudflow? ❑ ❑ ❑ . - ti 1 I. LAND USE AND PLANNING Potential) Less Than Less than Significant Would the project: Significant With Significant No Impact Impact Mitigation Impact 45. Physically divide an established ❑ E] El community? ❑ ❑ 46. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but ❑ ❑ not limited to the general plan, specific ❑ ® ❑ plan, local coastal program, or zoning❑ ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? 47. Conflict with any applicable habitat conservation plan or natural community❑ ❑ ❑ conservation plan? J. MINERAL RESOURCES Potentially Less Than Less than Significant Would the project: Significant With Significant No Impact Impact Mitigation Impact 48. Result in the loss of availability of a known mineral resource that would be of value to❑ ❑ ❑ the region and the residents of the state? 49. Result in the loss of availability of a locally important mineral resource recovery site ❑ ❑ delineated on a local general plan, specific❑ plan or other land use plan? K. NOISE Potentially Less Than Less than Significant With Significant No Would the project result in: Impact With Impact Impact Mitigation 50. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or❑ ❑ ❑ noise ordinance, or applicable standards of other agencies? Agenda Item No. 17 Page 67 of 101 K. NOISE Potentially Less Than Less than Significant Significant Would the project result in: With Significant No Impact Impact Mitigation Impact 51. Exposure of persons to or generation of 56.Induce substantial population growth in an excessive ground -borne vibration or❑ ❑ ❑ ground -borne noise levels? proposing new homes and businesses) or❑ ❑ ® 52.A substantial permanent increase in indirectly (for example, through an ambient noise levels in the project vicinity❑ ❑ ❑ above levels existing without the project? 57. Displace substantial numbers of existing 53.A substantial temporary or periodic housing, necessitating the construction of❑ ❑ ❑ increase in ambient noise levels in the ❑ ❑ ❑ project vicinity above levels without the 58.Displace substantial numbers of people, project? necessitating the construction of [_1 ❑ ❑ 54. For a project located within an airport land replacement housing elsewhere? use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the[:] ❑ ❑ project expose people residing or working in the project area to excessive noise levels? 55. For a project located within the vicinity of a private airstrip, would the project expose ❑ El El residing or working in the project area to excessive noise levels? L. POPULATION AND HOUSING Potential) Less Than Less than No Significant Significant With Significantlmpac Would the project: Impact Mitigation Impact t 56.Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or❑ ❑ ® ❑ indirectly (for example, through an extension of roads or other infra - structure)? 57. Displace substantial numbers of existing housing, necessitating the construction of❑ ❑ ❑ replacement housing elsewhere? 58.Displace substantial numbers of people, necessitating the construction of [_1 ❑ ❑ replacement housing elsewhere? Agenda Item No. 17 Page 68 of 101 M. PUBLIC SERVICES* Less Than Potentially Significant Less than Would the project result in substantial Significant With Significant No Impact adverse physical impacts to the following: Impact Mitigation Impact 59. Fire protection? ❑ ❑ ® ❑ 60. Police protection? ❑ ❑ ® ❑ 61. Schools? ❑ ❑ ® ❑ 62. Parks? ❑ ❑ ® ❑ 63. Other public facilities? ❑ ❑ ❑ * Include potential effects associated with the provision of new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services. N. RECREATION Potentially Significant Less Than Significant Less than No With Significant Impact Impact P Impact Mitigation P 64.Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that❑ ❑ ® ❑ substantial physical deterioration of the facility would occur or be accelerated? 65. Does the project include recreational facilities or require the construction or expansion of recreational facilities, which❑ ❑ ® ❑ might have an adverse physical effect on the environment? O. TRANSPORTATIONITRAFFIC Would the project: Potentially Less Than Significant Significant Impact With Mitigation 66.Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the❑ number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? Less than Significant Impact Impact ❑ ® ❑ Agenda Item No. 17 Page 69 of 101 O. TRANSPORTATION/TRAFFIC Potentially Less Than Less than Significant Would the project: Significant With Significant No Impact Impact Mitigation Impact 67.Exceed, either individually or cumulatively, a level of service standard established by ❑ ❑ ® ❑ the County congestion management agency for designated roads or highways? 68. Result in a change in traffic patterns, including either an increase in traffic levels ❑ ® ❑ or a change in location that results in❑ substantial safety risks? 69. Substantially increase hazards due to a design feature (e.g., sharp curves or ❑ ® ❑ dangerous intersections) or incompatible❑ uses (e.g., farm equipment)? 70. Result in inadequate emergency access? ❑ ❑ ® ❑ 71. Result in inadequate parking capacity? ❑ ❑ ® ❑ 72.Conflict with adopted policies, plans or programs supporting alternative ❑ ® ❑ transportation (e.g., bus turnouts, bicycle[--] racks)? P. UTILITIES AND SERVICE SYSTEMS Less Than Potentially Significant Significant Less than No With Significant Impact Impact Would the project: p Mitigation Impact p 73. Exceed wastewater treatment requirements of the applicable Regional Water Quality❑ ❑ ❑ Control Board? 74.Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the❑ ❑ ❑ construction of which could cause significant environmental effects? 75. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of❑ ❑ ❑ which could cause significant environmental effects? 76. Have sufficient water supplies available to serve the project from existing entitlements ❑ ❑ and resources, or are new or expanded❑ entitlements needed? Agenda Item No. 17 Page 70 of 101 P. UTILITIES AND SERVICE SYSTEMS Less Than SIGNIFICANCE Significant Significant Significant No Potentially Si Si Significant Significant Less than No 80. Does the project have the potential to With Si Significant Impact Would the project: Impact Mitigation Impact 77. Result in a determination by the wastewater levels, threaten to eliminate a plant or❑ ❑ ❑ treatment provider, which serves or may restrict the range of rare or endangered serve the project that it has adequate ❑ ❑ capacity to serve the project's projected❑ 81. Does the project have impacts that are demand in addition to the provider's considerable ( "Cumulatively considerable" existing commitments? ❑ ® ❑ project are considerable when viewed in❑ 78.13e served by a landfill with sufficient the effects of other current projects, and the permitted capacity to accommodate the❑ ❑ ❑ project's solid waste disposal needs? ❑ ® ❑ adverse effects on human beings, either❑ 79.Comply with federal, state, and local statutes and regulations related to solid❑ ❑ ❑ waste? Q. MANDATORY FINDINGS OFPotentially Less Than Less than SIGNIFICANCE Significant Significant Significant No Impact p Impact With Impact mpact p Mitigation 80. 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 wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or❑ ❑ ❑ animal community, reduce the number or restrict the range of rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? 81. Does the project have impacts that are individually limited, but cumulatively considerable ( "Cumulatively considerable" means that the incremental effects of a ❑ ® ❑ project are considerable when viewed in❑ connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? 82. Does the project have environmental effects, which will cause substantial ❑ ® ❑ adverse effects on human beings, either❑ directly or indirectly? Agenda Item No. 17 Page 71 of 101 -End of Environmental Impact Evaluation Checklist - Agenda Item No. 17 Page 72 of 101 The following is a discussion of the potential impacts associated with the approval of the proposed project, as identified in the above Environmental Impact Evaluation Checklist. Explanations are provided for each item below. A. 1) 2) 3) AESTHETICS. Would the project: Have a substantial adverse effect on a scenic vista? No Impact: The proposed project involves an amendment to the Lake Elsinore Municipal Code, which will add Chapter 17.26 establishing local procedures and guidelines for implementation of the State Density Bonus Law (Cal. Gov. Code Section 65915 et seq.). While proposed Density Bonus Ordinance may conceptually result in additional units being built above currently permitted residential densities, the City cannot predict with certainty whether developers will request and take advantage of the density bonuses, incentives and concessions permitted under the Density Bonus Ordinance. At this time there are no development proposals included as part of the project and identification and mitigation of specific direct impacts are too speculative. Therefore, the City will analyze the direct environmental impacts of all projects that take advantage of a density bonus on a project by project basis when those projects are submitted to the City for review. Additionally, all development projects that request a density bonus, incentive or concession pursuant to the Density Bonus Ordinance will be reviewed pursuant to the City's design review process. The design review process involves an additional layer of review for aesthetics, and provides an opportunity to incorporate additional conditions to increase the aesthetic value of the project. Adoption of the Density Bonus Ordinance will not have a substantial adverse effect on a scenic vista. Mitigation Measures: None. No Impact: See A -1 above. Adoption of the Density Bonus Ordinance will not substantially damage scenic resources. Mitigation Measures: None. No Impact: See A -1 above. Adoption of the Density Bonus Ordinance will pot Agenda Item No. 17 Page 73 of 101 substantially degrade the existing visual character or quality of the site and its surroundings. Mitigation Measures: None. 4) Create a new source of substantial light or -glare which would adversely affect day or nighttime views in the area? No Impact: See A -1 above. Adoption of the Density Bonus Ordinance will not create a new source of substantial light or glare which would adversely affect day or nighttime views in the area. Mitigation Measures: None. B. AGRICULTURAL RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: 5) No Impact: The proposed project involves an amendment to the Lake Elsinore Municipal Code, which will add Chapter 17.26 establishing local procedures and guidelines for implementation of the State Density Bonus Law (Cal. Gov. Code Section 65915 et seq.). While proposed Density Bonus Ordinance may conceptually result in additional units being built above currently permitted residential densities, the City cannot predict with certainty whether developers will request and take advantage of the density bonuses, incentives and concessions permitted under the Density Bonus Ordinance. At this time there are no development proposals included as part of the project and identification and mitigation of specific direct impacts are too speculative. Therefore, the City will analyze the direct environmental impacts of all projects that take advantage of a density bonus on a project by project basis when those projects are submitted to the City for review. According to map data provided by the California State Farmland Mapping and Monitoring Program (FMMP), no prime farmland or farmland of statewide importance exist in Lake Elsinore. However, the map indicates that the City contains a small area of unique farmland. This area consists of approximately 10.25 acres in the City's East Lake Specific Plan that is currently zoned for low /medium residential and recreational land uses. This project would not directly impact the development of the area of unique farmland identified in the FMMP. Farmland will not be converted to urban uses as a result of the City's adoption of the Density Bonus Ordinance. Agenda Item No. 17 Page 74 of 101 Mitigation Measures: None. 6) Conflict with existing zoning for agricultural use, or a Williamson Act contract? 7) No Impact: See B -5 above. The City of Lake Elsinore contains no land zoned for agricultural use. Adoption of the Density Bonus Ordinance will not conflict with existing zoning for agricultural use or a Williamson Act contract. Mitigation Measures: None. No Impact: See B -5 above. There is no known farmland in the City of Lake Elsinore; therefore the proposed project could not result in the conversion of farmland to a non- agricultural use. Adoption of the Density Bonus Ordinance will not involve other changes in the existing environment, which doe to their location or nature, could result in the conversion of Farmland, to non - agricultural use. Mitigation Measures: None. C. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project. 8) Conflict with or obstruct implementation of the applicable air quality plan? No Impact., The proposed project involves an amendment to the Lake Elsinore Municipal Code, which will add Chapter 17.26 establishing local procedures and guidelines for implementation of the State Density Bonus Law (Cal. Gov. Code Section 65915 et seq.). While proposed Density Bonus Ordinance may conceptually result in additional units being built above currently permitted residential densities, the City cannot predict with certainty whether developers will request and take advantage of the density bonuses, incentives and concessions permitted under the Density Bonus Ordinance. At this time there are no development proposals included as part of the project and identification and mitigation of specific direct impacts are too speculative. Therefore, the City will analyze the direct environmental impacts of all projects that take advantage of a density bonus on a project by project basis when those projects are submitted to the City for review. Adoption of the Density Bonus Ordinance will not conflict with or obstruct implementation of the South Coast Air Quality Management Plan. Mitigation Measures: None. Agenda Item No-17 Page 75 of 101 9) 10) No Impact: See C -8 above. Adoption of the Density Bonus Ordinance will not violate any air quality standard or contribute substantially to an existing or projected air quality violation. Mitigation Measures: None. No Impact. See C -8 above. Adoption of the Density Bonus Ordinance will not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is under non - attainment. Mitigation Measures: None. 11) Expose sensitive receptors to substantial pollutant concentrations? No Impact. See C -8 above. Adoption of the Density Bonus Ordinance will not expose sensitive receptors to substantial pollutant concentrations. Mitigation Measures: None. 12) Create objectionable odors affecting a substantial number of people? No Impact: See C -8 above. Adoption of the Density Bonus Ordinance will not create objectionable odors affecting a substantial number of people. Mitigation Measures: None. D. BIOLOGICAL RESOURCES. Would the project. 13) No Impact: The proposed project involves an amendment to the Lake Elsinore Municipal Code, which will add Chapter 17.26 establishing local procedures and guidelines for implementation of the State Density Bonus Law (Cal. Gov. Code '�gction Agenda Item No. 17 Page 76 of 101 65915 et seq.). While proposed Density Bonus Ordinance may conceptually result in additional units being built above currently permitted residential densities, the City cannot predict with certainty whether developers will request and take advantage of the density bonuses, incentives and concessions permitted under the Density Bonus Ordinance. At this time there are no development proposals included as part of the project and identification and mitigation of specific direct impacts are too speculative. Therefore, the City will analyze the direct environmental impacts of all projects that take advantage of a density bonus on a project by project basis when those projects are submitted to the City for review. As a Permittee under the Western Riverside County Multiple Species Habitat Conservation Plan, the City of Lake Elsinore contributes to the preservation of over 500,000 acres of open space and conservation area for 146 species of wildlife. The program was created to implement federal and state law found in the Federal Endangered Species Act and the State's Natural Communities Conservation Planning Act. Lake Elsinore Area Plan, found in Section 3.3.3 of the Western Riverside County Multiple Species Habitat Conservation Plan ( MSHCP), designates specific areas of the City for conservation and protection from development. These areas include the wetlands that surround Lake Elsinore and the floodplain to the east of the lake, among other habitats. Altogether, the Elsinore Area Plan calls for the conservation of between 66,500 and 73,315 acres of land within the area, which includes 4,830 to 7,870 acres within the City of Lake Elsinore. Current approximations indicate that 3,500 acres of land have been reserved within the City and its Sphere of Influence in accordance with the MHHCP. Nothing in the Density Bonus Ordinance violates the MSHCP or the City's obligations thereunder. Adoption of the Density Bonus Ordinance will not have a substantial adverse effect, directly or through habitat modification, on any protected species and will not cause a or conflict between the project and any adopted city, county, regional, state or federal policy, goal, or plan pertaining to the preservation and /or conservation of biological resources in the City of Lake Elsinore. Mitigation Measures: None. 14) Have a substantial adverse effect on any riparian habitat or other sensitive natural No Impact. See D -13 above. Adoption of the Density Bonus Ordinance will not have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. Mitigation Measures: None. 15) Have a substantial adverse effect on federally protected wetlands as defined by Section gen a em M. 17 Page 77 of 101 16) No Impact: See D -13 above. Adoption of the Density Bonus Ordinance will not have a substantial adverse effect on federally protected wetlands. Mitigation Measures: None. impede the use of native wildlife nursery sites? No Impact: See D- 13above. Adoption of the Density Bonus Ordinance will not substantially interfere with the movement of any native, resident or migratory fish or wildlife species. Mitigation Measures: None. 17) Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy or ordinance? No Impact: See D -13 above. Adoption of the Density Bonus Ordinance will not conflict with any local policies or ordinances protecting biological resources. Mitigation Measures: None. 18) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural No Impact: See D -13 above. Adoption of the Density Bonus Ordinance will not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved plan. Mitigation Measures: None E. CULTURAL RESOURCES. Would the project. 19) Cause a substantial adverse change in the significance of a historical resource as defined in CEQA Guidelines Section 15064.5? No Impact: The proposed project involves an amendment to the Lake Elsinore Municipal Code, which will add Chapter 17.26 establishing local prp W?teff0lo. 17 Page 78 of 101 guidelines for implementation of the State Density Bonus Law (Cal. Gov. Code Section 65915 et seq.). While proposed Density Bonus Ordinance may conceptually result in additional units being built above currently permitted residential densities, the City cannot predict with certainty whether developers will request and take advantage of the density bonuses, incentives and concessions permitted under the Density Bonus Ordinance. At this time there are no development proposals included as part of the project and identification and mitigation of specific direct impacts are too speculative. Therefore, the City will analyze the direct environmental impacts of all projects that take advantage of a density bonus on a project by project basis when those projects are submitted to the City for review. For these reasons, adoption of the Density Bonus Ordinance will not cause a substantial adverse change in significance of a historical resource as defined in CEQA Guidelines Section 15064.5. Mitigation Measures: None. 20) Cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines Section 15064.5? No Impact: See E -19 above. Adoption of the Density Bonus Ordinance will not cause a substantial adverse change in the significance of an archaeological resource. Mitigation Measures: None. 21) Directly or indirectly destroy a unique paleontological resource or site or unique -geologic feature? No Impact: See E -19 above. Adoption of the Density Bonus Ordinance will not directly or indirectly destroy a unique paleontological resource, site, or geological feature. Mitigation Measures: None. 22) Disturb any human remains, including those interred outside of formal cemeteries? No Impact: See E -19 above. Adoption of the Density Bonus Ordinance will not result in the disruption of any human remains, including those interred outside of formal ceremonies. It is the City's standard policy to condition all development projects to require compliance with California Health and Safety Code Section 7050.5, which says that if human remains are discovered on any project, all work shall stop until the County Coroner has made the necessary findings as to the origin and disposition of the remains pursuant to Public Resources Code Section 5097.98. Agenda Item No. 17 Page 79 of 101 Mitigation Measures: None. F. GEOLOGY AND SOILS. Would the project: 23) Expose people or structures to potential substantial adverse effects including the risk of loss, iniury, or death involving: a.) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. No Impact: The proposed project involves an amendment to the Lake Elsinore Municipal Code, which will add Chapter 17.26 establishing local procedures and guidelines for implementation of the State Density Bonus Law (Cal. Gov. Code Section 65915 et seq.). While proposed Density Bonus Ordinance may conceptually result in additional units being built above currently permitted residential densities, the City cannot predict with certainty whether developers will request and take advantage of the density bonuses, incentives and concessions permitted under the Density Bonus Ordinance. At this time there are no development proposals included as part of the project and identification and mitigation of specific direct impacts are too speculative. Therefore, the City will analyze the direct environmental impacts of all projects that take advantage of a density bonus on a project by project basis when those projects are submitted to the City for review. Adoption of the Density Bonus Ordinance will not expose people or structures to adverse effects or risk of loss, injury or death in connection with the rupture of a known earthquake fault. Mitigation Measures: None. b.) Strong seismic ground shaking? No Impact. See F -23 (a) above. Adoption of the Density Bonus Ordinance will not expose people or structures to adverse effects or risk of loss, injury or death in connection with strong seismic ground shaking. Mitigation Measures: None. Agenda Item No. 17 - Page 80 of 101 c.) Seismic - related ground failure, including liquefaction? No Impact: See F -23 (a) above. Adoption of the Density Bonus Ordinance will not expose people or structures to adverse effects or risk of loss, injury or death in connection with seismic - related ground failure, including liquefaction. Mitigation Measures: None. d.) Landslides? No Impact: See F -23 (a) above. Adoption of the Density Bonus Ordinance will not expose people or structures to adverse effects or risk of loss, injury or death in connection with landslides. Mitigation Measures: None. 24) Result in substantial soil erosion or the loss of topsoil? No Impact. See F -23 (a) above. Adoption of the Density Bonus Ordinance will not result in substantial soil erosion or the loss of topsoil. Mitigation Measures: None., 25) Be located on a geologic unit or soil that is unstable, or would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading subsidence, liquefaction or collapse? No Impact. See F -23 (a). Adoption of the Density Bonus Ordinance will not result in a project being located on a geologic unit or soil that is unstable or would become unstable as a result of the project. The Density Bonus Ordinance does not change zoning designations or the location of permitted uses. Mitigation Measures: None. 26) Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? No Impact: See F -23 (a) above. Adoption of the Density Bonus Ordinance will not result in a project being located on expansive soil. The Density Bonus Ordinance does not change zoning designations or the location of permitted uses. Mitigation Measures: None. Agenda Item No. 17 Page 81 of 101 27) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system where sewers are not available for the disposal of waste water? No Impact: See F -23 (a) above. Adoption of the Density Bonus Ordinance does not involve the use of septic tanks or alternative waste water disposal systems. Mitigation Measures: None. G. HAZARDS AND HAZARDOUS MATERIALS. Would the project. 28) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? No Impact: The proposed project involves an amendment to the Lake Elsinore Municipal Code, which will add Chapter 17.26 establishing local procedures and guidelines for implementation of the State Density Bonus Law (Cal. Gov. Code Section 65915 et seq.). While proposed Density Bonus Ordinance may conceptually result in additional units being built above currently permitted residential densities, the City .cannot predict with certainty whether developers will request and take advantage of the density bonuses, incentives and concessions permitted under the Density Bonus Ordinance. At this time there are no development proposals included as part of the project and identification and mitigation of specific direct impacts are too speculative. Therefore, the City will analyze the direct environmental impacts of all projects that take advantage of a density bonus on a project by project basis when those projects are submitted to the City for review. Adoption of the Density Bonus Ordinance will not create a significant hazard to the public or environment through the routine transport, use, or disposal of hazardous materials. Mitigation Measures: None. 29) Create_ a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? No Impact: See G -28 above. Adoption of the Density Bonus Ordinance will not create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. Mitigation Measures: None. Agenda Item No. 17 - Page 82 of 101 30) Emit hazardous emissions or handle hazardous or acutely hazardous materials substances, or waste within one - quarter mile of an existing or proposed school? No Impact. See G -28 above. Adoption of the Density Bonus Ordinance will not result in the emission of hazardous emissions or the handling of hazardous or acutely hazardous materials, substances, or waste at all let alone within one - quarter mile of an existing or proposed school. Mitigation Measures: None. 31) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? No Impact: See G -28 above. The Density Bonus Ordinance does not involve hazardous materials. This impact is not applicable. Mitigation Measures: None. 32) For a project located within an airport land use plan or, where such a plan has not been No Impact: See G -28 above. Adoption of the Density Bonus Ordinance will not result in a particular project being located next to an airport land use. In the event that a future project is located near the Lake Elsinore airport, that project will be analyzed at the time that a development application is submitted. Mitigation Measures: None. 33) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? No Impact: See G -32 above. Mitigation Measures: None. 34) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? No Impact: See G -28 above: Agenda Item No. 17 Page 83 of 101` Mitigation Measures: None. 35) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adiacent to urbanized areas or where residences are intermixed with wildlands? No Impact: See G -28 above. Adoption of the Density Bonus Ordinance will not expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands. Mitigation Measures: None. H. HYDROLOGY AND WATER QUALITY. Would the project: 36) Violate any water quality standards or waste discharge requirements? 37) No Impact: The proposed project involves an amendment to the Lake Elsinore Municipal Code, which will add Chapter 17.26 establishing local procedures and guidelines for implementation of the State Density Bonus Law (Cal. Gov. Code Section 65915 et seq.). While proposed Density Bonus Ordinance may conceptually result in additional units being built above currently permitted residential densities, the City cannot predict with certainty whether developers will request and take advantage of the density bonuses, incentives and concessions permitted under the Density Bonus Ordinance. At this time there are no development proposals included as part of the project and identification and mitigation of specific direct impacts are too speculative. Therefore, the City will analyze the direct environmental impacts of all projects that take advantage of a density bonus on a project by project basis when those projects are submitted to the City for review. Adoption of the Density Bonus Ordinance will not violate any water quality standards or waste discharge requirements. Mitigation Measures: None. which permits have been granted)? No Impact: See H -36 above. substantially deplete groundwater recharge such that there would bi local groundwater table level. Adoption of the Density Bonus Ordinance will not supplies or interfere substantially with groundwater a net deficit in aquifer volume or a lowering of the Agenda Item No. 17 Page 84 of 101 Mitigation Measures: None. 38) Substantially alter the existing drainage pattern of the site or area including through the alteration of the course of stream or river, or substantially increase the rate or amount of the surface runoff in a manner, which would result in substantial erosion or siltation on- or off -site? No Impact: See H -36 above. Adoption of the Density Bonus Ordinance will not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, or substantially increase the rate or amount of the surface run -off in a manner, which would result in substantial erosion or siltation on or off -site. Mitigation Measures: None. 39) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? No Impact: See H -36 above. Adoption of the Density Bonus Ordinance will not create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff. Mitigation Measures: None. 40) Otherwise substantially degrade water quality? 41) No Impact: See H -36 above. Adoption of the Density Bonus Ordinance will not substantially degrade water quality. Mitigation Measures: None. No Impact. See H -36 above. Adoption of the Density Bonus Ordinance will not place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map. When a development project is submitted for the City's review, the City will analyze whether the development project falls within a 100 -year flood hazard area. Mitigation Measures: None. Agenda Item No. 17 Page 85 of 101 42) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? No Impact., See H -36 and H -41 above. Adoption of the Density Bonus Ordinance will not place within a 100 -year flood hazard area structures which would impede or redirect flood flows. Mitigation Measures: None. 43) Expose people or structures to a significant risk of loss injury or death involving flooding, including flooding as a result of the failure of a levee or dam? No Impact: See H -36 and H -41 above. Adoption of the Density Bonus Ordinance will not expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam. Mitigation Measures: None. 44) Inundation by seiche, tsunami, or mudflow? No Impact. See H -36 above. Adoption of the Density Bonus Ordinance will not result in inundation by seiche, tsunami or mudflow. Mitigation Measures: None. LAND USE AND PLANNING. Would the project: 45) Physically divide an established community? No Impact: The proposed project involves an amendment to the Lake Elsinore Municipal Code, which will add Chapter 17.26 establishing local procedures and guidelines for implementation of the State Density Bonus Law (Cal. Gov. Code Section 65915 et seq.). While proposed Density Bonus Ordinance may conceptually result in additional units being built above currently permitted residential densities, the City cannot predict with certainty whether developers will request and take advantage of the density bonuses, incentives and concessions permitted under the Density Bonus Ordinance. At this time there are no development proposals included as part of the project and identification and mitigation of specific direct impacts are too speculative. Therefore, the City will analyze the direct environmental impacts of all projects that take advantage of a density bonus on a project by project basis when those projects are submitted to the City for review. Agenda Item No. 17 Page 86 of 101 46) Adoption of the Density Bonus Ordinance will not physically divide an established community. Mitigation Measures: None Conflict with any applicable land use plan policy, or regulation of an agency with Less Than Significant Impact: See 1 -45 above. Adoption of the Density Bonus Ordinance may conflict with the City's established General Plan Land Use Map, adopted Specific Plans, and adopted Zoning Ordinance. However, the State Law preempts the local law and mandates that these density bonuses, concessions and incentives be adopted. The changes that will result are less than significant and any potential environmental impacts associated with development projects which take advantage of this regulatory scheme will be analyzed at the time that the development application is submitted. Mitigation Measures: None. 47) Conflict with any applicable habitat conservation plan or natural community conservation plan? No Impact. See D -13 above. Adoption of the Density Bonus Ordinance will not conflict with any applicable habitat conservation plan or natural community conservation plan. Mitigation Measures: None. J. MINERAL RESOURCES. Would the project: 48) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? No Impact: The proposed project involves an amendment to the Lake Elsinore Municipal Code, which will 'add Chapter 17.26 establishing local procedures and guidelines for implementation of the State Density Bonus Law (Cal. Gov. Code Section 65915 et seq.). While proposed Density Bonus Ordinance may conceptually result in additional units being built above currently permitted residential densities, the City cannot predict with certainty whether developers will request and take advantage of the density bonuses, incentives and concessions permitted under the Density Bonus Ordinance. At this time there are no development proposals included as part of the project and identification and mitigation of specific direct impacts are too speculativg Agenda Item No. 17 Page 87 of 101 Therefore, the City will analyze the direct environmental impacts of all projects that take advantage of a density bonus on a project by project basis when those projects are submitted to the City for review. Adoption of the Density Bonus Ordinance will not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state. Mitigation Measures: None. 49) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact: See J -48 above: Adoption of the Density Bonus Law will not result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan. Mitigation Measures: None. K. NOISE. Would the project result in: 50) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? No Impact: The proposed project involves an amendment to the Lake Elsinore Municipal Code, which will add Chapter 17.26 establishing local procedures and guidelines for implementation of the State Density Bonus Law (Cal. Gov. Code Section 65915 et seq.). While proposed Density Bonus Ordinance may conceptually result in additional units being built above currently permitted residential densities, the City cannot predict with certainty whether developers will request and take advantage of the density bonuses, incentives and concessions permitted under the Density Bonus Ordinance. At this time there are no development proposals included as part of the project and identification and mitigation of specific direct impacts are too speculative. Therefore, the City will analyze the direct environmental impacts of all projects that take advantage of a density bonus on a project by project basis when those projects are submitted to the City for review. The construction of any future development project that takes advantage of the provisions of this ordinance must comply with noise regulations and must adhere to City regulations governing hours of construction, noise levels generated by construction and mechanical equipment, and the allowed level of ambient noise (Chapter 17.78 of the Lake Elsinore Municipal Code, as amended from time to time). Agenda Item No. 17 Page 88 of 101 Adoption of the Density Bonus Ordinance will not expose people to or generate noise levels in excess of standards established in the City's General Plan or Noise Ordinance, or applicable standards of other agencies. Mitigation Measures: None. 51) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? No Impact: See K -50 above. Adoption of the Density Bonus Ordinance will not expose people to or generate excessive groundborne vibration or groundborne noise levels. Mitigation Measures: None. 52) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the proiect? No Impact: See K -50 above, Adoption of the Density Bonus Ordinance will not result in a substantial permanent increase in ambient noise levels throughout the City above levels existing without the project. Mitigation Measures: None. 53) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? No Impact: See K -50 above. Adoption of the Density Bonus Ordinance will not result in a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project. Mitigation Measures: None. 54) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport would the project expose people residing or working in the proiect area to excessive noise levels? No Impact: See G -32 above. Adoption of the Density Bonus Ordinance will not result in any projects being located within an airport land use plan. Mitigation Measures: None. Agenda Item No. 17 Page 89 of -101 55) For a project within the vicinity of a private airstrip would the project expose people residing or working in the project area to excessive noise levels? No Impact: See K -54 above. Mitigation Measures: None. L. POPULATION AND HOUSING. Would the project: 56) Induce substantial population growth in an area either directly (for example by proposing new homes and businesses) or indirectly (for example through extension of roads or other infrastructure)? Less Than Significant Impact: The proposed project involves an amendment to the Lake Elsinore Municipal Code, which will add Chapter 17.26 establishing local procedures and guidelines for implementation of the State Density Bonus Law (Cal. Gov. Code Section 65915 et seq.). While proposed Density Bonus Ordinance may conceptually result in additional units being built above currently permitted residential densities, the City cannot predict with certainty whether developers will request and take advantage of the density bonuses, incentives and concessions permitted under the Density Bonus Ordinance. At this time there are no development proposals included as part of the project and identification and mitigation of specific direct impacts are too speculative. Therefore, the City will analyze the direct environmental impacts of all projects that take advantage of a density bonus on a project by project basis when those projects are submitted to the City for review. Use of a density bonus in some development projects may result in an increase in population by permitting denser housing developments. However, the number of units that would be produced would contribute to the City's obligations to produce housing affordable to all economic segments of the community. Adoption of the Density Bonus Ordinance will not induce substantial population growth in an area, either directly or indirectly. Mitigation Measures: None. 57) Displace substantial numbers of existing housing necessitating the construction of replacement housing elsewhere? No Impact: See L -56 above. Adoption of the Density Bonus Ordinance will not displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere. The proposed Density Bonus Ordinance would add to the housing stock without taking any housing away. Agenda Item No. 17 Page 90 of 101 Mitigation Measures: None. 58) Displace substantial numbers of people necessitating the construction of replacement housing elsewhere? No Impact: See L -56 above. Adoption of the Density Bonus Ordinance would not displace substantial numbers of people; it would create new housing opportunities. Mitigation Measures: None. M. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities need for new or Physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratio response times or other performance objectives for any of the public service: 59) Fire protection? Less Than Significant Impact: The proposed project involves an amendment to the Lake Elsinore Municipal Code, which will add Chapter 17.26 establishing local procedures and guidelines for implementation of the State Density Bonus Law (Cal. Gov. Code Section 65915 et seq.). While proposed Density Bonus Ordinance may conceptually result in additional units being built above currently permitted residential densities, the City cannot predict with certainty whether developers will request and take advantage of the density bonuses, incentives and concessions permitted under the Density Bonus Ordinance. At this time there are no development proposals included as part of the project and identification and mitigation of specific direct impacts are too speculative. Therefore, the City will analyze the direct environmental impacts of all projects that take advantage of a density bonus on a project by project basis when those projects are submitted to the City for review. Through the permit process, impact fees are paid to off -set the cost of an increase to services such as police, fire, parks, schools etc. Development impact fees are collected upon issuance of a building permit, to reduce any potential impacts to local services. Any future development projects subject to the ordinance will be required to pay all required impact fees to offset any potential impact on public services. Adoption of the Density Bonus Ordinance will not result in a substantial adverse physical impact associated with the provision of new or physically altered fire protection. Agenda Item No. 17 -- -Page 91 of 101 Mitigation Measures: None 60) Police protection? Less Than Significant Impact: See M -59 above. Adoption of the Density Bonus Ordinance will not result in a substantial adverse physical impact associated with the provision of new or physically altered police protection. Mitigation Measures: None. 61) Schools? Less Than Significant Impact. See M -59 above. Adoption of the Density Bonus Ordinance will not result in a substantial adverse physical impact associated with the provision of new or physically altered schools. Mitigation Measures: None. 62) Parks? Less Than Significant Impact: See M -59 above. Adoption of the Density Bonus Ordinance will not result in a substantial adverse physical impact associated with the provision of new or physically altered parks. Mitigation Measures: None. 63) Other Public Facilities? No Impact. See M -59 above. Adoption of the Density Bonus Ordinance will not result in a substantial adverse physical impact associated with the provision of other new or physically altered public facilities. Mitigation Measures: None. N. RECREATION 64) Would the proposed project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Less Than Significant Impact., See M -59 above. Adoption of the Density Bonus Ordinance would increase the use of existing neighborhood and regional parks or other recreational facilities because if a developer invokes the den� 4. an9®eitdwiltelvoi • 17 Page 92 of 101 about more housing which in turn brings about more people. The increase in use, however, is not significant. Mitigation Measures: None. 65) Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse effect on the environment? Less Than Significant Impact: Refer to response M -59 and M -62 above. Because the City's action only involves adoption of a regulatory scheme, it does not include recreational facilities. However, new additional recreational facility opportunities will be pursued when development applications are submitted. Mitigation Measures: None. O. TRANSPORTATIONITRAFFIC. Would the project: 66) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads or congestion at intersections)? Less Than Significant Impact. The proposed project involves an amendment to the Lake Elsinore Municipal Code, which will add Chapter 17.26 establishing local procedures and guidelines for implementation of the State Density Bonus Law (Cal. Gov. Code Section 65915 et seq.). While proposed Density Bonus Ordinance may conceptually result in additional units being built above currently permitted residential densities, the City cannot predict with certainty whether developers will request and take advantage of the density bonuses, incentives and concessions permitted under the Density Bonus Ordinance. At this time there are no development proposals included as part of the project and identification and mitigation of specific direct impacts are too speculative. Therefore, the City will analyze the direct environmental impacts of all projects that take advantage of a density bonus on a project by project basis when those projects are submitted to the City for review. Adoption of the Density Bonus Ordinance will not cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system. Mitigation Measures: None. 67) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or hjghways? Less Than Significant Impact: See 0-66 above. Adoption of the PfyW1<ya No. 17 Page 93 of 101 Ordinance will not exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways. Mitigation Measures: None. 68) Result in a change in traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? 69) Less Than Significant Impact: See 0-66 above. Adoption of the Density Bonus Ordinance will not result in a change in traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks. Mitigation Measures: None. Less Than Significant Impact., See 0-66 above. Adoption of the Density Bonus Ordinance will not substantially increase hazards due to a design feature. Mitigation Measures: None. 70) Result in inadequate emergency access? Less Than Significant Impact., See 0-66 above. Adoption of the Density Bonus Ordinance will not result in inadequate emergency access. Mitigation Measures: None. 71) Result in inadequate parking capacity? Less Than Significant Impact., See 0 -66 above. Additionally, California Government Code Section 65915 establishes requirements for the maximum number of offstreet parking spaces to be requested from development projects that include specified percentages of affordable units or that are senior housing projects. Where there is a difference between the requirements in Section 65915 and in Chapter 17.66 of the Lake Elsinore Municipal Code, the state law controls. Although the ordinance resulting from the State law may permit development at a lower parking ratio than currently permitted under Chapter 17.66, the new ordinance will still require sufficient amounts of parking. Agenda Item No. 17 Page 94 of 101 Therefore, adoption of the Density Bonus Ordinance will not result in inadequate parking capacity. Mitigation Measures: None. 72) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Less Than Significant Impact. See 0 -66 above. Adoption of the Density Bonus Ordinance will not conflict with adopted policies, plans, or programs supporting alternative transportation. Mitigation Measures: None. P. UTILITIES AND SERVICE SYSTEMS. Would the project. 73) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? No Impact. The proposed project involves an amendment to the Lake Elsinore Municipal Code, which will add Chapter 17.26 establishing local procedures and guidelines for implementation of the State Density Bonus Law (Cal. Gov. Code Section 65915 et seq.). While proposed Density Bonus Ordinance may conceptually result in additional units being built above currently permitted residential densities, the City cannot predict with certainty whether developers will request and take advantage of the density bonuses, incentives and concessions permitted under the Density Bonus Ordinance. At this time there are no development proposals included as part of the project and identification and mitigation of specific direct impacts are too speculative. Therefore, the City will analyze the direct environmental impacts of all projects that take advantage of a density bonus on a project by project basis when those projects are submitted to the City for review. Adoption of the Density Bonus Ordinance will not exceed wastewater treatment requirements of the Regional Water Quality Control Board. Mitigation Measures: None. 74) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? No Impact. See P -73 above. Adoption of the Density Bonus Ordinance will not require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause signfficarit Agenda Item No. 17 Page 95 of 101 environmental effects. Mitigation Measures: None. 75) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? No Impact: See P -73 above. Adoption of the Density Bonus Ordinance will not require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects. Mitigation Measures: None. 76) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? No Impact: See P -73 above. Mitigation Measures: None. 77) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's proiected demand in addition to the provider's existing commitments? No Impact., See P -73 above. Mitigation Measures: None. 78) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? No Impact., See P -73 above. Mitigation Measures: None. 79) Comply with federal, state, and local statutes and regulations related to solid waste? No Impact: See P -73 above. Additionally, Ordinance 1167, a construction and demolition recycling ordinance, to comply with the California Integrated Waste Management Act. This Act requires that jurisdictions maintain a 50% or hotter di eYersi�n enda ?R' o. 17 Page 96 of 101 rate for solid waste. The City implements this requirement through Chapter 14.12 of the Lake Elsinore Municipal Code. Therefore, future development utilizing the ordinance would not cause any significant impacts related to solid waste. Mitigation Measures; None. Q. MANDATORY FINDINGS OF SIGNIFICANCE. 80) 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 wildlife 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? 81) No Impact. The proposed project involves an amendment to the Lake Elsinore Municipal Code, which will add Chapter 17.26 establishing local procedures and guidelines for implementation of the State Density Bonus Law (Cal. Gov. Code Section 65915 et seq.). While proposed Density Bonus Ordinance may conceptually result in additional units being built above currently permitted residential densities, the City cannot predict with certainty whether developers will request and take advantage of the density bonuses, incentives and concessions permitted under the Density Bonus Ordinance. At this time there are no development proposals included as part of the project and identification and mitigation of specific direct impacts are too speculative. Therefore, the City will analyze the direct environmental impacts of all projects that take advantage of a density bonus on a project by project basis when those projects are submitted to the City for review. The project involves regulatory changes to the Municipal Code and no physical development activity that could affect biological resources. Therefore, the proposed amendment will have no impact on any sensitive plant or animal species or habitat. Likewise, there will be no conflict with any adopted city, county, regional, state or federal policies, goals, or plans pertaining to the preservation and /or conservation of biological resources in the City of Lake Elsinore. The project involves no changes to the zoning designation of property or to the locations where residential and mixed -use development are permitted. The proposed ordinance will allow the City of Lake Elsinore to implement State law. The law does allow flexibility and relaxation of development standards to facilitate the development of affordable housing projects. This may include building setbacks and height, parking, landscaping /open space etc. There may be a change in population due to the density bonus provision. moo. 17 Page 97 of 101 Less Than Significant Impact: See Q -80 above. 82) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Less Than Significant Impact: See Q -80 above. -End of Environmental Impact Evaluation Discussion - _._Agenda Item No. 17 Page 98 of 101 REFERENCES FOR ENIVRONMENTAL EVALUATION The following references were utilized during preparation of this Initial Study: 1) City of Lake Elsinore General Plan 2) City of Lake Elsinore General Plan Update Background Study Report 3) CEQA Air Quality Handbook, South Coast Air Quality Management District, revised 1993 4) Lake Elsinore Municipal Code, as amended 5) Western Riverside County Multiple Species Habitat Conservation Plan Agenda Item No. 17 Page 99 of 101 CITY OF LADE LSI110R -E DREA NEGATIVE DECLARATION COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 130 South Main Street Lake Elsinore, CA 92530 (951) 674 -3124 Voice (951) 471 -1419 Fax Project Entitlement No(s): Zoning Ordinance Text Amendment No. 2008 -02 Applicant: City of Lake Elsinore Address: 130 S. Main Street Lake Elsinore, CA 92530 Project Location: Citywide in Residential Zones Project Description: A request to amend the Lake Elsinore Municipal Code to add Chapter 17.26 (Density Bonuses) related to; 1) A density bonus and incentives program for affordable, senior, and child care developments and 2) Maximum parking requirements for affordable housing developments. Based on the attached Initial Study prepared for this project, the City of Lake Elsinore has determined that there would be no significant, adverse, effect on the environment due to the scope of the project. All materials used in the preparation of this Negative Declaration are available for public review at the City of Lake Elsinore Planning Division, 130 South Main Street, Lake Elsinore, CA 92530. This document constitutes a Negative Declaration. RESPONSIBLE AGENCIES .(i.e., any agency that has discretionary approval power over the project): City of Lake Elsinore Agenda Item No. 17 - Page 100 of 101 TRUSTEE AGENCIES (i.e., the California Department of Fish and Game, State Lands Commission, State Department of Parks and Recreation, and University of California): None Notice Pursuant to Section 21092.5 of the Public Resources Code: A public hearing before the Planning Commission will be held on April 1, 2008 at 6:00 p.m. at the City of Lake Elsinore Cultural Center, 183 North Main Street, Lake Elsinore, CA 92530 to consider this project. At that time, all interested parties are welcome to address the Planning Commission on this matter. Prior to the public hearing, the public is invited to submit written comments on the proposed Negative Declaration to the Redevelopment Agency, attention Wendy Worthey, Environmental Planner, 130 South Main Street, Lake Elsinore, CA 92530 or phone (951) 674 - 3124. Wendy Worthey, Environmental Planner March 5, 2008 Date Agenda Item No. 17 Page 101 of 101 CITY OF LADE FROM DATE: LSIIYORE DREAM EXTREME. REPORT TO CITY COUNCIL HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ROBERT A. BRADY CITY MANAGER APRIL 22, 2008 PROJECT: APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY CONDITIONAL USE PERMIT NO. 2006 -17 AND MINOR DESIGN REVIEW FOR THE PROJECT KNOWN AS THE "TERRY THIELEN BOAT HOUSE" Project Location The project is located at 17937 Lakeshore Drive (APN'S: 375 - 250 -020 & 021). The project site has a split- zoning designation of High Density Residential (R -3) and Recreation (R) and is within the Lakeshore Overlay District. Furthermore, the site has a General Plan land use designation of Future Specific Plan I (Lake Edge). Background At their regular meeting of March 18, 2008, the Planning Commission voted three (3) to zero (0) with two (2) abstentions to deny Conditional Use Permit No. 2006 -17 and the Minor Design Review for the proposed "boat house ". Subsequently, on April 2, 2008, the applicant filed an appeal of the Planning Commission's decision (see 'Exhibit B'). Discussion At their regular meeting of March 18, 2008, the Planning Commissior report and took testimony from the applicant (Mr. Terry Thielen) as additional members of the public. Mr. Thielen stated that he disagi interpretation of Chapter 17.05 (Lakeshore Overlay District) as it relatE and in fact by his interpretation, the proposed boat storage facility was pursuant to Section 17.05.040 (A) (Floats and dolphins for private boating marinas and fishing facilities; boat rentals) of the Lake Elsinore (LEMC). heard the staff well as six (6) =ed with staffs s to his project, s permitted use pleasure craft, Municipal Code Of the six (6) additional members of the public that spoke on the project; four (4) were against the recommended denial, one (1) spoke in favor of the denial, and one (1) was indifferent_ Cnmments frnm thnse who spoke against the denial ran ed from t e itv 9 Agenda Trem No. 1B Page 1 of 17 Conditional Use Permit No. 2006 -17 "Terry Thielen Boat House" April 22, 2008 Page 2 not providing direction to property owners within the Lakeshore Overlay District and that the current Lakeshore Overlay District Ordinance does not permit land owners to do anything with their property and the City should purchase the lots. The one (1) member of the public that spoke in favor of the denial stated to the Planning Commission that the proposed site plan submitted to the Planning Commission did not accurately reflect the applicant's property lines. He stated that the proposed driveways were not on Mr. Thielen's property, but were in fact part of the adjacent neighbor's property. In addition to supporting the recommendation of denial, he also stated that he was in favor of a uniform development of properties within the district. The one (1) member of the public that spoke neither in favor nor against the proposed project notified the Planning Commission that the City has been buying lots within the Lakeshore Overlay District and would continue as funding permits. Planning Commission Deliberation Commissioner Zanelli indicated to the audience that he understood the property owners concerns and stated that the City is currently working diligently to revise the current Lakeshore Overlay District. Commissioner Flores also indicated to the audience that he understood the concerns of the property owners and agreed with the public comments that the City needs to address the development issues relative to development within the Lakeshore Overlay District. Commissioner Mendoza agreed with the public comments and identified "property owner rights" to development and concurred that the situation needed to be further addressed. Vice Chair Gonzales agreed that the situation regarding the Lakeshore Overlay District needs to be addressed and notified the audience that the Planning Commission does not have the authority to change the existing ordinance. He recommended that the issue be taken before the City Council for their review. Chairman O'Neal also acknowledged that changes need to be made to the current Ordinance. However, he also indicated that he could not vote for the approval of the this project due to the lack of its architectural integrity and lack of enhancements that were proposed for the structure, as well as the inconsistency of the use with Section 17.05 of the LEMC. As indicated above, the Planning Commission accepted staffs recommendation to deny the use of the proposed "boat house" located at 17937 Lakeshore Drive (APN: 375 -250- 020 & 021). Should the City Council overturn the Planning Commission's decision and approve the use and development of the proposed "boat house" located at 17937 Lakeshore Drive (APN: 375 - 250 -020 & 021); staff will need to bring the item back to the Agenda Item No. 18 Page 2 of 17 Conditional Use Permit No. 2006 -17 "Terry Thielen Boat House" April 22, 2008 Page 3 City Council at a later date with findings and conditions of approval for the Conditional Use Permit (CUP) and the Minor Design Review. Recommendation Staff recommends that the City Council deny the appeal of the Planning Commission's decision to deny Conditional Use Permit No 2006--l. and the Minor Design Review and uphold the Planning Commission's decision to deny Conditional Use Permit No. 2006- 17 and the Minor Design Review for the proposed "boat house" located at 17937 Lakeshore Drive. Prepared by: Justin Carlson-/---- Planner Approved by: Robert A. Brady City Manager Attachments: 1. Exhibit 'A' Vicinity Map 2. Exhibit 'B' Appeal of the Planning Commission Action Form (Dated April 2, 2008). 3. Exhibit'C' Planning Commission Staff Report and Attachments (Dated March 18, 2008) 4. Full Size Project Plans Agenda Item No. 18 Page 3 of 17 EXHBIT A VICINITY MAP APPEAL OF CONDITIONAL USE PERMIT NO. 2006 -17 "MR. TERRY THIELEN'S BOAT STORAGE FACILITY" CITY COUNCIL Agenda Item No. 18 Page 4 of 17 CITY C ice. LAKE �LSIIYORL - -� DREAM EXTREME - City Clerk's Office 130 S. Main Street, Lake Elsinore, CA (951) 674 -3124, Ext. 269 For Official Use Only Date Received: i7 Received By: �q Date Fee Paid: �rfz -fo� APPEAL OF PLANNING COMMISSION ACTION FORM 0- Policy 100 -8: The purpose of this Policy is to provide a standardized procedure for consideration of appeals from Planning Commission decisions. Within 15 days of a Planning Commission decision, any person may appeal a decision to the City Council by filing this form and submitting a $200 fee. A copy of this policy is attached with further important information. cant Information Name: !U %i lli��4 Y1 Date: a� / "id��`rt�� Mailing Address): City: 5A / y IV 14 /q State: ` � Zip Code:C j7 Phone No.: 7k � ._Jr G% —Y2, 3 % Fax No.: 41 5 Subject of Appeal Informatio Subject of Appeal ProjectNo.(s): 0 Project Applicant: E2Jr�y %�i�ua , r c e 11 O oa y llo gs e 16' Project Location: l � J_ $ -e � V Date of Planning Commission Action:�/� I, the undersigned, hereby appeal the above action of approval /denial by the Lake Elsinore Planning Commission, for the following reasons: (Ple e cite specific action being a Baled.) Attach a�I pages as needed. Signature: ///144 / Agenda Item No. 18 ___ _ Paae 5 of 17 TO: FROM: DATE: PROJECT TITLE: APPLICANT: OWNER: PROJECT REQUEST CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT MARCH 18, 2008 CONDITIONAL USE PERMIT NO. 2007 -21 & MINOR DESIGN REVIEW "THIELEN BOAT HOUSE" TERRY THIELEN, 1561 LA CASITA DRIVE, SAN MARCOS, CA 92078 SAME The applicant is requesting a Conditional Use Permit and Minor Design Review to allow for the construction and operation of a three- hundred and thirty -six (336) square -foot single- story "Tuff- Shed" boat house on an approximate .52 acre vacant site. The project site has a split zoning designation of High Density Residential (R -3) and Recreational (R) and is within the Lakeshore Overlay District. The site has a General Plan land use designation of Future Specific Plan I (Lake Edge). Review is pursuant to Chapter 17.05 (L- Lakeshore Overlay District), Chapter 17.28 (R -3, High Density Residential District), Chapter 17.36 (R- Recreational. District), Chapter 17.66 (Parking Requirements), Chapter 17.82 (Design Review), Chapter 15.64 (Flood Damage Protection), Chapter 15.68 (Floodplain Management), and Chapter 17.14 (Residential Development Standards) of the Lake Elsinore Municipal Code. - - -- - - -- PROJECT LOCATION AND SITING The project site is generally located at 17937 Lakeshore Drive (APN'S: 375- 250 -020 & 021). The existing site, which fronts along . Lakeshore Drive slopes downward from Lakeshore Drive to the lake. There is an existing boat launch ramp located on the southwest side of the subject property and currently contains approximately eight (8) Eucalyptus trees located in the middle of the lot. The applicant is proposing to access the lot via a new driveway along the southwest side of the lot. The proposed driveway will extend along the southwest portion of the lot, where if turns north to access the boat Agenda Item No. 18 Page 6 of 17 PLANNING COMMISSION STAFF REPORT MARCH 18, 2008 PROJECT TITLE: THIELEN BOAT HOUSE storage building. Furthermore, the driveway will connect to the existing boat launch ramp that extends into the lake. As previously mentioned, the .52 acre vacant lot currently has a split zoning designation with the first forty -seven feet (47') of property, west of Lakeshore Drive, zoned Multiple - Family Residential (R -3), and the remainder of the property west of the R -3 (Multi - Residential) boundary line zoned Recreation (R). The applicant is proposing to locate the boat house within the Recreation zone at an elevation of 1,268 feet, located approximately at the middle of the lot. In addition to the split zoning designations forthe subject property, the entire site is located within the Lakeshore Overlay District boundary. It is important to note, that the Lakeshore Overlay District placed upon the property supersedes the R -3 (Multi - Family Residential) and R (Recreation) zoning districts as it relates to the permitted uses, uses subject to a Conditional Use Permit, and all other applicable development standards. In other words, any proposed use or development for the subject property located at 17937 Lakeshore Drive (APN'S: 375- 250 -020 & 021) will have to comply with Chapter 17.05 (L- Lakeshore Overlay District) of the Lake Elsinore Municipal Code (LEMC). BACKGROUND The applicant/property owner owns a boat that he has launched from the subject property onto Lake Elsinore for many years. The applicant lives in the San Diego area and has to tow his boat to and from the site each time he visits his property at 17937 Lakeshore Drive. The applicant wishes to leave the boat onsite and secure it within a three hundred and thirty six (336) square -foot storage boat house. In August of 1999, the City of Lake Elsinore City Council considered a similar request by the applicant to construct a metal storage building on the project site to store his boat. The Council at that felt the use was appropriate and authorized the applicant to apply fora Minor Design Review application for the storage building. The applicant subsequently made the application, but the application was deemed incomplete by staff and ultimately expired in December 2000 due to inactivity and insufficient information. The applicant is again interested in constructing a private boat storage building onsite. The current project proposes a three- hundred and thirty -six square -foot (336') single -story "Tuff- Shed ". Agenda Item No. 18 Page 7 of 17 PLANNING COMMISSION STAFF REPORT MARCH 18, 2008 PROJECT TITLE: THIELEN BOAT HOUSE ENVIRONMENTAL SETTING Project Vacant High Density Residential (R -3), Future Specific Site Recreational (R), and Plan -1 Lakeshore Overlay District North Vacant High Density Residential (R -3), Future Specific Recreational (R), and Plan - Lakeshore Overlay District South Vacant High Density Residential (R -3), Future Specific Recreational (R), and Plan - l Lakeshore Overlay District East Vacant High Density Residential (R -3), Future Specific Recreational (R), and Plan. - J Lakeshore Overlay District West Lake Elsinore PROJECT DESCRIPTION The applicant is proposing to construct an approximately three - hundred and thirty-six(336) square -foot boat house structure located within the Recreation (R) zoned portion of the subject lot. The proposed structure will be constructed at an elevation of approximately one - thousand two- hundred sixty -eight feet (1,268'). From Lakeshore Drive, the boat house will be screened by approximately eight (8) existing Eucalyptus trees. It should be noted that the boat storage structure will be visible from both Lakeshore Drive as well as lake patrons that are utilizing the lake. Although, it is a quite a distance from the subject lotto across the lake, it is possible that the boat storage structure could be visible to other property owners on the other side of the lake. Architecture The proposed three - hundred thirty -six (336) square -foot boat house will include vertical "Nardi- Panel" siding on all four (4) elevations. The south elevation will include a ten -foot (10.) by seven -foot (7') garage door, vertical siding, and a concrete tile roof. The applicant is also proposing a roof mounted statue of an eagle. The north elevation will also include horizontal vertical "Nardi - Panel " siding and a concrete tile roof. The west elevation includes two (2) doors, vertical- siding, and a concrete tile roof. The east elevation includes one (1) window, vertical "Nardi -Panel " siding, and a concrete tile roof. Agenda Item No. 18 Page 8 of 17 PLANNING COMMISSION STAFF REPORT MARCH 18, 2008 PROJECT TITLE: THIELEN BOAT HOUSE Colors and Materials Landscaping There are approximately eight (8) existing Eucalyptus trees located in the middle of the lot. In addition, the applicant is also proposing to incorporate approximatelyfour (4) ''Oleander" shrubs, ten (10) daisy plants, and groundcover. The proposed landscaping is to be located behind the required nine -foot (9') street dedication along Lakeshore Drive. ANALYSIS According to Lake Elsinore Municipal Code Section 17.74.060 and Section 17.82.080, the Planning Commission shall make the following findings before granting a Conditional Use Permit and a Minor Design Review application. Conditional Use Permit (Chapter 17.74.060) Findings That the proposed 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. 2. That the proposed use will not be detrimental to the general health, safety, comfort, or general welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or the City. 3. That the site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by Title 17 of the Lake Elsinore Municipal Code. 4. That the site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by subject use. ,Agenda Item No. 18 Page 9 of 17 Roof Concrete Tile "Brown Blend" Siding "Hardi- Panel" Vertical "Artisan Brown" Siding Trim "Hardi- Panel" Vertical "Woodlawn Green" Siding Garage Door Not indicated Not indicated Side -entry doors Not indicated Not indicated Landscaping There are approximately eight (8) existing Eucalyptus trees located in the middle of the lot. In addition, the applicant is also proposing to incorporate approximatelyfour (4) ''Oleander" shrubs, ten (10) daisy plants, and groundcover. The proposed landscaping is to be located behind the required nine -foot (9') street dedication along Lakeshore Drive. ANALYSIS According to Lake Elsinore Municipal Code Section 17.74.060 and Section 17.82.080, the Planning Commission shall make the following findings before granting a Conditional Use Permit and a Minor Design Review application. Conditional Use Permit (Chapter 17.74.060) Findings That the proposed 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. 2. That the proposed use will not be detrimental to the general health, safety, comfort, or general welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or the City. 3. That the site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by Title 17 of the Lake Elsinore Municipal Code. 4. That the site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by subject use. ,Agenda Item No. 18 Page 9 of 17 PLANNING COMMISSION STAFF REPORT MARCH 18, 2008 PROJECT TITLE: THIELEN BOAT HOUSE 5. That in approving the subject use at the specific location, there will be no adverse effect on abutting property or the permitted and normal use thereof. 6. That adequate conditions and safeguards pursuant to Lake Elsinore Municipal Code Section 17.74.050 have been incorporated into the approval of the Conditional Use Permit to insure that the use continues in a manner envisioned by these findings for the term of the use. Minor Design Review (Chapter 17.82.080) Findings 1. The Project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the Project is located. 2. The Project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. 3. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Chapter 17.82. If the Planning Commission is unable to make any of the required findings listed above; the Conditional Use Permit and Minor Design Review cannot be approved. In other words, the Planning Commission must be able to make all of the findings in order to approve the Conditional Use Permit and Minor Design Review. Based on the application, plans submitted, and all the evidence presented, staff believes that the Findings No. 1 for both the Conditional Use Permit and the Minor Design Review cannot be made. The proposed project is not consistent with the zoning district within which the property lies. As mentioned above, the proposed property located at 17937 Lakeshore Drive (APN'S: 375 - 250 -020 & 021) has a split zoning designation Multi- Family Residential (R -3). and Recreation (R) Zoning districts: Additionally, the property is located within the Lakeshore Overlay District; which supersedes all development and permitted uses of the Multi- Family Residential (R -3) and Recreation (R) Zoning districts. The development standards set forth in the Lakeshore Overlay District ordinance control development of this site. Therefore, Chapter 17.05 (L- Lakeshore Overlay District) of the Lake Elsinore Municipal Code (LEMC) must be utilized to determine whether the proposed boat house is permitted. Considering this, Chapter 17.05 of the LEMC, does not permit (either through permitted uses or conditional uses) the construction and /or operation of a "boat house" structure. Furthermore, subsection 17.05.060 entitled "Prohibited Uses" states: Agenda Item No. 18 Page 10 of 17 PLANNING COMMISSION STAFF REPORT MARCH 18, 2008 PROJECT TITLE: THIELEN BOAT HOUSE "Any uses not specifically listed as allowed, either or ownership right within Permitted /Conditional Use or Special Permit, are prohibited, but not limited to, new residential dwellings, off -site advertising structures, storage of any kind unless connected with existing occupied residential dwellings but will be applicable to all other City Codes, parking lots and unauthorized vending /peddling and selling" Staff has determined that a proposed "boat house" would not be permitted due to the fact that the subject lot is vacant and the structure will not be an accessory for an existing occupied residential dwelling unit. In other words a "boat house" structure would be permitted, subject to a Conditional Use Permit, if there was an occupied existing dwelling unit on the property. Otherwise, a stand alone boat house structure is not permitted. For these reasons, Staff recommends that the Planning Commission deny the Conditional Use Permit and Minor Design Review applications. ENVIRONMENTAL DETERMINATION Pursuant to the California Environmental Quality Act (CEQA), the proposed Conditional Use Permit No. 2006 -17 and the Minor Design Review of a boat storage facility located at 17937 Lakeshore Drive (APN'S: 375 - 250 -020 & 021) is not a project given that it is recommended that the project be denied. If the Planning Commission wishes to approve Conditional Use Permit No. 2006. -17 and the Minor Design Review of the proposed boat house structure located at 17937 Lakeshore Drive (APN'S: 375- 250 -020 & 021), the Planning Commission would need to direct staff to conduct a preliminary environmental analysis to determine what type of CEQA documentation is required. The proposed CUP cannot be approved until the proper CEQA documentation is prepared. Agenda Item No. 18 Page 11 of 17 PLANNING COMMISSION STAFF REPORT MARCH 18, 2008 PROJECT TITLE: THIELEN BOAT HOUSE RECOMMENDATION It is recommended that the Planning Commission deny the request for Conditional Use Permit No. 2006 -17 and the Minor Design Review of a boat house located at 17937 Lakeshore Drive (APN'S: 375 -250 -020 & 021). PREPARED BY: Justin Carlson, Associate Planner/ APPROVED BY: Rolfe M. Preisendanz, hlx . Director of Community Development ATTACHMENTS: 1. LOCATION MAP 2. EXHIBITS • REDUCTIONS (8'Y2 x 11) Exhibit A Plot Plan Exhibit B Elevations Exhibit C Foundation /Floor /Roof Plans Exhibit D Building Sections 3. FULL SIZE PLAN SET Agenda Item No. 18 Page 12 of 17 VICINITY MAP CONDITONAL USE PERMIT NO. 2006 -17 & MINOR DESIGN REVIEW OF A BOAT STORAGE BUILDING "THIELEN BOAT HOUSE" rLMINNI vu LA)MIA 1001UIv Agenda Item No. 18 Page 13 of 17 la Item No. 18 Page 14 of 17 L 4 An xm Q Ilo C� DrC— A az� a c� �_1URR '.4Bf WON I jUf T$blFF SHED &&QNe FSMIG U6 m �4r �%EN 69^M.2Bb YB WM]MFi N OPfl 810MLrc IBm1Wi,9N8flEeNVB WYEISINtlE.G%b90 PY ry{gPigOda0. w CmNe �YfLmE>e448>ime B� ,IbIwW WOE Qy1 NYI� - r•JF r �.^ � e 6 6 II 1 i I 4 0 I 9 An xm Q Ilo C� DrC— A az� a c� �_1URR '.4Bf WON I jUf T$blFF SHED &&QNe FSMIG U6 m G I�E➢ PW I BWFY8°�,10�N10E9&6 a � ltT� ��pp � BRV0181NtlM1�G' �%EN 69^M.2Bb YB WM]MFi N OPfl 810MLrc IBm1Wi,9N8flEeNVB WYEISINtlE.G%b90 PY ry{gPigOda0. w CmNe �YfLmE>e448>ime B� ,IbIwW WOE Qy1 NYI� II e II 1 An xm Q Ilo C� DrC— A az� a c� �_1URR '.4Bf WON An xm Q Ilo C� DrC— A az� a c� ii i r i i Agenda Item No. 18 Page 15 of 17 �_1URR '.4Bf FP T$blFF SHED &&QNe FSMIG U6 m G I�E➢ PW I BWFY8°�,10�N10E9&6 a � ltT� ��pp � BRV0181NtlM1�G' �%EN 69^M.2Bb YB WM]MFi N OPfl 810MLrc IBm1Wi,9N8flEeNVB WYEISINtlE.G%b90 PY ry{gPigOda0. w CmNe �YfLmE>e448>ime B� ,IbIwW WOE Qy1 NYI� ii i r i i Agenda Item No. 18 Page 15 of 17 9 �C �R 61 v @ @ @5i E�9TUFFSHED�,„.�~E„��. m a F $bngCHOil LAMED.. 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Page 16 of 17 B ..� F� I. a-a Em F 09XiNHETIEP,POff%@�'.Yf maewrnwumwctar M[m ®. unamIXY @rA f3xB�N 4i BY ealtlTYfC@IQ9 YNTIEF% @I @P�NOiR�Opq anvalcanoma 1FlCT/116FIE1 �@ssce+@uanwwm �f %u ��yy�, � ZZ E11T�XO GOB 68�' 6RVCIN.U:D ®WNBY: GaeY4M1� �wf YJwlm194 Due ;gJluzalo9- d Cd ML (+� tGGgA 'yl ..� F� I. �� gtnge H'dldf °);'g�"'S`@ m ^Lf '14.uSHEO�ING 09XiNHETIEP,POff%@�'.Yf maewrnwumwctar M[m ®. unamIXY @rA f3xB�N 4i BY ealtlTYfC@IQ9 YNTIEF% @I @P�NOiR�Opq anvalcanoma 1FlCT/116FIE1 �@ssce+@uanwwm �f %u ��yy�, � ZZ E11T�XO GOB 68�' 6RVCIN.U:D ®WNBY: GaeY4M1� �wf YJwlm194 Due ;gJluzalo9- d Cd ML (+� 'yl �n f� m o 1 t fin, v. i ..� F� I. �� gtnge H'dldf °);'g�"'S`@ m ^Lf '14.uSHEO�ING 09XiNHETIEP,POff%@�'.Yf maewrnwumwctar M[m ®. unamIXY @rA f3xB�N 4i BY ealtlTYfC@IQ9 YNTIEF% @I @P�NOiR�Opq anvalcanoma 1FlCT/116FIE1 �@ssce+@uanwwm �f %u ��yy�, � ZZ E11T�XO GOB 68�' 6RVCIN.U:D ®WNBY: GaeY4M1� �wf YJwlm194 Due ;gJluzalo9- d Cd ML (+� 1 enda Item No. 18 Page 17 of 17 o 0 All 1 enda Item No. 18 Page 17 of 17 CITY OF LAKE LSIlYOIZE -�V&�- DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: APRIL 22, 2008 SUBJECT: RIDGESTONE APARTMENT PROJECT STATUS Background On August 24, 2004, Fairfield Development L.P. received its final conditions of approval for the Ridgestone Apartment project. Located at the intersection of State Route 74 (SR -74) and Ardenwood Way in Rosetta Canyon, the project was approved by the City Council on August 24, 2004, for 352 units under the Ramsgate Specific Plan. Due to the traffic impact of the apartments, the conditions of approval included a limit of occupancy for the total project of 50% until the construction of a traffic signal was completed at the corner of Ardenwood Way and SR -74. The first certificate of occupancy (C of O) was issued on February 22, 2007. In the Spring of 2007, the developer submitted a request for additional C of O's prior to the construction of the traffic signal. Staff reviewed the request and on June 12, 2007, recommended that the City Council approve additional occupancies, up to 80 %, with the installation of supplemental traffic control. At this time, the project has completed construction of all apartment buildings, however, the City is holding the balance of occupancies, approximately 64 units, until the completion of the traffic signal. In September of 2007, staff began receiving complaints of drainage problems from the County residents located south of the Ridgestone Apartments. A meeting was held on October 10, 2007 between City Staff, Fairfield Development and Centex Homes to investigate the problem. It was determined that there were two surface drainage sources contributing to the standing water on the neighborhood street, Alan Street. The impacts were the result of irrigation water from the landscaped slope of the Ridgestone Apartments and the realignment of SR -74; drainage from the apartment project slope was directed along the historic drainage course which is conveyed onto Alan Street and the SR -74 realignment diverted flows from Central Avenue onto Alan Street. On October 25, 2007, the Shopoff Group, a neighboring developer, provided a drainage design which was reviewed by City staff and forward to Paul Peck, the engineer representing the County neighborhood. The drainage design was verbally accepted by Agenda Item No. 19 Page 1 of 16 Apartment Project Status April 22, 2008 Page 2 the engineer and at the November 27, 2007 Council Meeting, the City entered into an agreement with Fairfield Development to construct a drainage improvement to resolve the slope drainage issue. Concurrently, City staff has been in contact with CALTRANS to resolve the drainage diversion from SR -74 onto Alan Street. Staff has contacted Fairfield Development on April 14, 2008, and was told the work would begin on the drainage facility the week of April 21, 2008. Completion of this project is anticipated to be mid to late May. Discussion After reviewing the project file and the conditions of approval, the Ridgestone Apartment Project is in compliance with its conditions of approval. In terms of permitting, the original CEQA approval was granted in 1984 under the Ramsgate Specific Plan. A supplemental EIR was approved in 1990 with an addendum for including this project approved in 2003. Compliance with the MSHCP was met by the original owners, the Shopoff Group, through fees and dedication prior to the land sale to Centex Homes and the subsequent lot sale to Fairfield Development. Fiscal Impact Fiscal impacts are limited to staff time for plan review, project coordination and correspondence between the parties. Recommendation Receive and file. Prepared by: Ken A. Seumalo W Director of Public Works Approved by: Robert A. Brady 'RAY City Manager Attachment: Vicinity Map Summary Time Line Project Conditions of Approval Agenda Item No. 19 Page 2 of 16 h W k O a Rosetta Canyon z RIDGESTONE APARTMENTS STATUS UPDATE CITY COUNCIL ctry oe CITY OF LAKE ELSINORE - N Base map Lake prepared r by: LADE '' LSINO U-fLake Elsinore 1� APRIL ii, .008 Emgineenig Division Agenda Ite�f6'$:19 —� DREAM efRril G `. a tfR plane GS NAO 83 y, RIDGESTONE APARTMENT PROJECT PROCESSING TIMELINE Development Processing Ramsgate Specific Plan /EIR (SCH 83071309) approval 06/1984 Supplemental EIR approval 0311990 EIR Addendum approval 0812003 Planning Commission Approval for Recommendation 08/03/2004 City Council Approval 08/24/2004 Grading Permit issuance 07/11/2005 1St Building Permit Issuance (underground work) 09/07/2005 1St Certificate of Occupancy 02/22/2007 Project Details Total number of units 352 Number of units currently occupied 288 Number of units held for signal completions 64 Chris Circle Traffic Signal Required by the Specific Plan Traffic Study 10/24/2005 Application to CALTRANS 03/11/2008 Grading Plan Approval by Riverside County Transportation 04/05/2007 CALTRANS Encroachment permit issuance 03/11/2008 Preconstruction Meeting 03/1812008 Signal/Intersection construction 04/2008 Agenda Item No. 19 Page 4 of 16 A00VOWEEDGMENT OF CONDITIONS 6ryd WC PJaivrrt Planning Divit ion Ia4eE4'vort,G92530 - WR'W. L1ICC- C %SItlO1C.Olg (909) 1 1111N (909)491.119 (a RE: Design Reviews for Residential No. R 2004 -04, Fairfield Apartments. I hereby state that I /We acknowledge the Conditions of Approvid for the above named project and do hereby agree to accept and abide by all conditions prescribed by the City of Lake Elsinore staff, as set forth in the attachrmirts to the approval letter dated Octolxr 4 2004. All conditions shall be met prior to issuance of permits or prior to the first Certificate of Occupancy, or otherwise indicated in the Conditions, subject to the approval of the Community Development Director of the City of Lake Elsinore. Date: October 25, 2005 Applicant's Signature: Print Name: David Wright, FF Development L.P. Address: 5510 Morehouse Dr., Ste 200 San Diego, CA 92121 Phone Number. 858457-2123 Acknoviedgrnent of Conditions- Form No. PD 2000 -13 Reused Norember, 2000 Agenda Item No. 19 Page 5 of 16 CONDITIONS OF APPROVAL FOR DESIGN REVIEW NO. R 2004 -04 - MULTIPLE- FAMILY DEVELOPMENT FAIRFIELD COMMUNITIES "RAMSGATE APARTMENT HOMES" Final Conditions of Approval - August 24, 2004 PLANNING DIVISION .- ,., r. .•.• . .• Design Review approval for Residential Project No. R 2004 -04 will lapse and be void unless a building permit is issued within one (1) year of the approval date. The Community Development Director may grant an extension of time for up to one (1) year prior to the expiration of the initial Design Review. An application for a time extension and required fee shall be submitted a minimum of one (1) month prior to the expiration date. All site improvements shall be constructed as indicated on the approved site plan with any revisions as noted herein. Any other revisions to the approved site plan shall be subject to approval of the Community Development Director or his designee. 3. The project shall not be constructed in phases unless a phasing plan is first reviewed and approved by the Community Development Director and the Engineering Manager. 4. All site improvements shall be constructed as indicated on the approved building elevations on file with the City for Design Review R 2004 -04. Materials and colors depicted on the approved materials boards approved for R 2004 -04 shall be used unless modified by the applicant and approved by the Community Development Director or designee. a. Building heights are limited to three- stories and a maximum 42 feet. 5. Applicant shall comply with all applicable Ramsgate Specific Plan Third Revision and Design Guidelines requirements and standards, or where they are silent, City Codes and Ordinances. 6. Applicant shall comply with all applicable Mitigation Monitoring Program measures imposed upon Tentative Tract Map No. 25479, as printed in Appendix "F" of Addendum No. 2 to the Final Supplemental Environmental Impact Report for the Ramsgate Specific Plan. 7. The applicant shall comply with the mitigation measures of the Noise Control Analysis prepared byRBF Consulting, dated April 14, 2004. 8. Applicant shall comply with all conditions of approval of the underlying Tentative Tract Map No. 25479 Revision No. 2. a. A traffic signal shall be installed and be operational at the intersection of Street "A" and State Highway 74, prior to Certificate of Occupancy of the 176 s apartment unit. Page 1 of 11 Planning Commission city Approved -3 -ay App '4 ` age 6'of 16 CONDITIONS OF APPROVAL Final Conditions of Approval - August 24, 2004 9. The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District ( EVMWD). Applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards, including payment of applicable water and sewer connection fees. a. The applicant shall utilize recycled water for landscaping purposes, if available to the site. 10. The applicant shall comply with Conditions of Approval received from the Riverside County Fire Department dated July 27, 2004. 11. The applicant shall participate in the Police Department's Crime Prevention Through Environmental Design Program with regards to proper lighting, natural surveillance, and graffiti reduction. 12. The applicant shall provide a detailed Exterior Lighting Plan for review and approval by the Community Development Director or his designee prior to issuance of building permits. Such Plan shall indicate locations, fixture types with visual display, consistent with conceptual designs as noted in landscape plans on file with the Planning Department, and in compliance with City Codes. 13. A cash bond of $1,000.00 shall be required for any construction trailers placed on the site and used during construction. The location of trailers is subject to review and approval by the Community Development Director or his designee. Bonds will be released after removal of trailers and restoration of the site to an acceptable state, subject to the approval of the Community Development Director or designee. 14. The applicant shall meet affordable housing requirements imposed upon the project by the Ramsgate Specific Plan, in accordance with the terms and conditions of the Development Agreement and Memorandum of Understanding executed by the City and the property owner. 15. Garages shall be constructed to provide a minimum of nine- feet - six- inches by nineteen- feet -six- inches (9' -6" x 19' -6 ") of interior clear space. 16. All theme walls are required to be coated with anti - graffiti paint. 17. Any interior retaining walls shall match perimeter stucco walls in color and style. 18. All signage, flags and banners shall be reviewed and approved by the Community Development Director or his designee. Page 2 of 11 Planning Commission City Council Approved = :�=v pppir * o s CONDITIONS OF APPROVAL FOR DESIGN REVIEW NO. R 2004 -04 - MULTIPLE- FAMILY DEVELOPMENT FAIRFIELD COMMUNITIES "RAMSGATE APARTMENT HOMES" Final Conditions of Approval -August 24, 2004 Prior to Issuance of Grading /Building Permits 19. Prior to issuance of any precise 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. 20. Prior to issuance of a building permit, the applicant shall merge the underlying parcels. 21. 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 control techniques. Interim erosion control measures shall be provided thirty (30) days after the site's rough grading, as approved by the City Engineer. 22. These Conditions of Approval shall be reproduced upon Page One of the Building Plans prior to their acceptance by the Building and Safety Division. 23. The building addresses shall be a minimum of four inches (4 ") high and shall be easily visible from the public right -of -way. Developer shall obtain street addresses for all project lots prior to issuance of building permits. The addresses (in numerals at least four inches (4" high) shall be displayed near the entrance and be visible from the front of the unit. Care shall be taken to select colors and materials that contrast with building walls or trim. 24. Prior to Building Permits the Construction Supervisor shall meet with Planning Division staff to review the Conditions of Approval. 25. Landscaping Plans and Irrigation Details for each plan shall be required, and a Cost Estimate shall be submitted for review and approval by the City's Landscape Architect Consultant and the Community Development Director or designee prior to issuance of building permits. A Landscape Plan Check Fee and Inspection Fee shall be paid for the entire project at the time of submittal. a. Final landscape plan must be consistent with approved site plan. b. Street tree species along State Route 74 and "A" Street shall be consistent within the Ramsgate Specific Plan. C. The design of the Ramsgate monumentation at the intersection of State Route 74 and "A" Street shall be consistent with the Ramsgate Specific Plan Third Revision and Design Guidelines. Plans shall be submitted for review and approval by the Page 3 of 11 City counol .� " � AppMV904g. CONDITIONS OF APPROVAL Final Conditions of Approval - August 24, 2004 Community Development Director. Installation including landscaping shall be completed prior to Certificate of Occupancy for the project. d. The use of the Hong Kong Orchid tree is subject to further review and approval by the City Landscape Architect. The applicant shall provide evidence that this specie survives in our climatic zone. e. All trellises above tandem parking spaces shall have plantings installed at a sufficient size to result in "instant" growth. f. All trees planted along State Highway 74 and along the boundary with the Community Park to screen carports from public view shall be installed at a sufficient size and canopy spread to result in "instant" growth. g. Planting within fifteen feet (15) of ingress /egress points shall be no higher than thirty-six- inches (36 "). h. The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention shall be given to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to prevent excessive watering. i. All exposed slopes in excess of three feet in height within the subject site shall have a permanent irrigation system and erosion control vegetation installed, as approved by the Landscape Architect and Planning Division, prior to issuance of certificate of occupancy. 25. Under the provisions of SB 50, the applicant shall pay school fees to the Lake Elsinore Unified School District prior to issuance of building permits. 26. All mechanical and electrical equipment on the building shall be ground mounted, unless properly screened by building parapet or other architectural features. 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, prior to issuance of building permits. If the equipment is placed behind fencing, landscaping will not be required. Prior to Final Appmval 27. The applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Page 4 of 11 Planning Commission City Council Approved GSA` Page 0 CONDITIONS OF APPROVAL FOR DESIGN REVIEW NO. R 2004 -04 - MULTIPLE- FAMILY DEVELOPMENT FAIRFIELD COMMUNITIES "RAMSGATE APARTMENT HOMES" Final Conditions of Approval - August 24, 2004 Occupancy and release of utilities. 28. Prior to final approval, all wood fencing shall be painted or treated with a high- grade, solid body, penetrating stain approved by the Community Development Director or his designee. 29. Prior to the issuance of any Certificate of Occupancy, the applicant shall annex into Community Facilities District No. 2003 -1 and the Lighting and Landscape Maintenance District No. 1 for City- maintained street lights and landscaped areas. ENGINEERING DIVISION 30. Driveway entrance into the project shall be a minimum of forty (40) feet deep with no parking or turning conflicts. 31. The property owner shall dedicate and improve full half -width right -of -way for Central Avenue (S.R 74) consistent with General Plan circulation requirements of 67 -feet and 55 -feet half -width street improvements. 32. The property owner shall dedicate full half -width right -of -way for Street `A,' and construct full half -width street improvements. Dimension of the dedication shall be consistent with Ramsgate Specific Plan requirements. 33. Construct full half -width street improvements for Street `A.' Improvements shall be consistent with Ramsgate Specific Plan requirements. 34. Provide railing or wrought iron fencing on top of all perimeter retaining walls adjacent to parking, walking or driveway areas. Railing or wrought iron fencing shall be rated for pedestrian safety. 35. Provide compaction reports for all fill slopes. Soils report shall be provided to confirm slope stability with respect to structure surcharge. 36. All drainage shall be conveyed to the public right -of -way. 37. Provide detention for difference in storm run -off of the 100 -year storm between the developed and undeveloped storm water run -off. 38. Provide desiltation basin as a "first flush" measure for clean water run -off. Page 5 of 11 Planning Commission City until APProved �-T app A e g o CONDITIONS OF APPROVAL FOR DESIGN REVIEW NO. R 2004 -04 — MULTIPLE - FAMILY DEVELOPMENT FAIRFIELD COMMUNITIES "RAMSGATE APARTMENT HOMES" Final Conditions of Approval - August 24, 2004 39. Comply with all conditions of underlying Tentative Tract Map No. 25479. 40. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC] prior to final map approval. 41. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. 42. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85 -26). 43. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. 44. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed bythe CityEngineer prior to final map approval (LEMC 16.34). 45. Street improvement plans and specifications shall be prepared by a Calif. Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 46. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. 47. Applicant shall obtain any necessary Caltrans permits and meet all Caltrans requirements. 48. Desirable design grade for local streets shall not exceed 9% unless otherwise approved by the City Engineer. 49. Intersecting streets shall meet at a maximum grade of 6 % with a minimum approach landing of fifty (50) feet in each direction. 50. Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83 -78). 51. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 ' /z" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. Page 6 of 11 Planning Commission Approved 3., 2 Final Conditions of Approval - August 24, 2004 52. The applicant shall install two (2) permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 53. Applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to issuance of grading permits. 54. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 55. Provide fire protection facilities as required in writing by Riverside County Fire. 56. Provide street lighting and show lighting improvements as part of street improvement plans as required by the CityEngineer. 57. Developer shall annex to the Qt/-s Street Lighting and landscaping Maintenance District. 58. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 59. Applicant shall submit a traffic control plan showing all traffic control devices for the site for review and approval. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs. 60. All improvement plans shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info /GIS or developer to pay $300 per sheet for City digitizing. 61. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving Utility. 62. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 63. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 64. An Alquist -Priolo studyshall be performed on the site to identify any hidden earthquake faults Page 7 of 11 Planning Commission City Council Approved -a APProvec`�l - 16 CONDITIONS OF APPROVAL FOR DESIGN REVIEW NO. R 2004 -04 - MULTIPLE- FAMILY DEVELOPMENT FAIRFIELD COMMUNITIES "RAMSGATE APARTMENT HOMES" Final Conditions of Approval - August 24, 2004 and/or liquefaction zones present on -site, unless a study is already on file with the City that addresses the site. 65. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 66. Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 67. Applicant to provide to the City a photographic baseline record of the condition of all proposed public City haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right -of -way, subject to the approval of the City Engineer. 68. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 69. On -site drainage facilities located outside of road right -of -way should be contained within drainage easements. Drainage easements shall be kept free of buildings and obstructions. 70. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by method approved by the City Engineer. 71. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 72. Meet all requirements of LEMC 15.68 regarding floodplain management. 73. The applicant to provide FEMA elevation certificates prior to certificate of occupancies, if required by the Engineering Division. 74. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 75. All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. Page 8 of 11 Planning Commission City C �cil Agenda t Approved Apprpy . CONDITIONS OF APPROVAL FOR DESIGN REVIEW NO. R 2004 -04 - MULTIPLE- FAMILY DEVELOPMENT FAIRFIELD COMMUNITIES "RAMSGATE APARTMENT HOMES" Final Conditions of Approval - August 24, 2004 76. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system the wording and stencil shall be approved by the City Engineer. 77. Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains should drain to a landscaped area when ever feasible. 78. Ten -year storm runoff should be contained within the curb and the 100 -year storm runoff should be contained within the street right -of -way. When either of these criteria is exceeded, drainage facilities should be installed. 79. A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed stormwater run -off on private property. 80. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed. 81. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 82. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System ( NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development including maintenance responsibilities. 83. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development including maintenance responsibilities. 84. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 85. Applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. Page 9 of 11 Planning Commission C"YgeCMPtRgV11' Approved 1 Approv � CONDITIONS OF APPROVAL FOR DESIGN REVIEW NO. R 2004 -04 - MULTIPLE- FAMILY DEVELOPMENT FAIRFIELD COMMUNITIES "RAMSGATE APARTMENT HOMES" Final Conditions of Approval - August 24, 2004 86. Intersection site distance shall meet the design criteria of the CALTRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. 87. Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered civil engineer. 88. All open space and slopes except for public parks and schools and flood control district facilities, outside the public right -of -way will be owned and maintained by either a home owner's association or private property owner. 89. Existing access easements over property must be addressed to the satisfaction of the easement owners prior to final map approval. 90. If the CFD has not been formed at building permit, then the developer shall enter into an agreement with the City to mitigation drainage impacts by payment of a Drainage Mitigation fee. Per recommendations of the Master Drainage Plan developed by RCFCD for the West End, the developer shall deposit $4,000 per acre. If a Drainage Assessment District is formed in the West End and that drainage fee is lower than the present fee, a partial refund will be returned. 91. All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the construction shall be disposed of at appropriate recycling centers. The applicant .should contract with CR&R Inc. for recycling and storage container services, but the applicant may use the services of another recycling vendor. Another recycling vendor, other than CR&R Inc., cannot charge the applicant for bin rental or solid waste disposal. If the applicant is not using CR&R Inc. for recycling services and the recycling material is either sold or donated to another vendor, the applicant shall supply proof of debris disposal at a recycling center, including verification of tonnage by certified weigh master tickets. 92. Prior to the issuance of the first building permit, the applicant shall annex into Community Facilities District No. 2003 -1 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. 93. Prior to the issuance of the fast building permit, the applicant shall annex into Lighting and Landscape Maintenance District No. 1 to offset the annual negative fiscal impacts of the project on public right -of -way landscaped areas to be maintained by the City, and for street lights in the public right -of -way for which the City will pay for electricity and a maintenance fee to Southern California Edison. Page 10 of 11 Planalilg APProved 'slon cItYAOUMC51 W ApprovdRSUIM CONDITIONS OF APPROVAL FOR DESIGN REVIEW NO. R 2004 -04 — MULTIPLE- FAMILY DEVELOPMENT FAIRFIELD COMMUNITIES "RAMSGATE APARTMENT HOMES" Final Conditions of Approval - August 24, 2004 94. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. (End of Conditions — Fire Department Conditions of Approval attached). Page 11 of 11 Planning Commissl ®n Approved El ,- . '41, : mss u�.,,' CITY OF ins LADE (� ,LSI1 DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: APRIL 22, 2008 SUBJECT: RESIDENTIAL DESIGN REVIEW NO. 2007 -11 FOR THE DESIGN AND CONSTRUCTION OF AN EIGHT UNIT APARTMENT COMPLEX AND ASSOCIATED IMPROVEMENTS Background At a regularly scheduled meeting of April 22, 2008, the Planning Commission adopted Resolution No. 2008 -29 recommending City Council's adoption of necessary MSHCP findings and Resolution No. 2008 -30 recommending City Council approval of Residential Design Review No. 2007 -11 to design and construct an eight (8) unit residential apartment complex and associated improvements. Location The project lies within Redevelopment Project Area No. 3, more specifically the project is located at 222 & 226 Conklin Avenue (APN 373 - 054 -001 and 002). Discussion Planning staff presented the proposed residential design review project to the Planning Commission on April 1, 2008. Staff requested a correction to Condition of Approval No. 4, relating to the incorrect listing of the project title. Ultimately, the Planning Commission unanimously recommended City Council adoption of Findings of Consistency with the Multiple Species Habitat Conservation Plan and approval of the Design Review with the change to the Condition of Approval. Recommendations 1. Waive further reading and adopt a resolution adopting findings that the entitlements are consistent with the Multiple Species Habitat Conservation Plan ( MSHCP). Agenda Item No. 20 Page 1 of 52 Residential Design Review No. 2007 -11 April 22, 2008 Page 2 2. Waive further reading and adopt a resolution approving Residential Design Review No. 2007 -11. Prepared By: Linda M. Miller, AIC Project Planner Approved By: Robert A. Brady City Manager Attachments 1. Vicinity Map 2. City Council Resolution making Findings of Consistency with the Multiple Species Habitat Conservation Plan 3. City Council Resolution approving Residential Design Review No. 2007 -11 4. Planning Commission Conditions of Approval 5. Planning Commission Staff Report and Resolutions 6. 8 1/2" x 11" Plan Reductions 7. Full -Size Project Plans Agenda Item No. 20 Page 2 of 52 VICINITY MAP RESIDENTIAL DESIGN REVIEW 2007-11 222 & 226 CONKLIN AVENUE ............ Agenda Item No. 20 Page 3 of 52 . ... ........ .... . .. ........... ............ Agenda Item No. 20 Page 3 of 52 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE ENTITLEMENTS ARE CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Gene Schoenle, CMS Inc. filed an application with the City of Lake Elsinore requesting approval of Residential Design Review No. 2007 -11 for design and construction of an eight (8) unit apartment complex and an associated improvements (the "Entitlements "), located at 222 and 226 Conklin Avenue, APN: 373- 054 -001 and 002 (the "Property "); and WHEREAS, Section 6.0 of the MSHCP indicates projects which are proposed for development in an area not covered by an MSHCP criteria cell shall be analyzed pursuant to the MSHCP "Plan Wide Requirements" and the City of Lake Elsinore shall make findings that the Project is consistent with those requirements; and WHEREAS, actions taken by the City Council with regard to design reviews are discretionary actions subject to the MSHCP; and WHEREAS, on April 1, 2008, the Planning Commission of the City of Lake Elsinore considered the Project and its consistency with the MSHCP and recommended that the City Council make findings that the Project is consistent with the MSHCP; and WHEREAS, the City Council has considered the Planning Commission's recommendation and evidence presented by the Community Development Department and other interested parties at a public meeting held with respect to this item on April 22, 2008. NOW THEREFORE, the City Council of the City of Lake Elsinore, California, does hereby resolve, determine and order as follows: Section 1. The City Council has considered the project and its consistency with the MSHCP "Plan Wide Requirements" prior to adopting findings that the project is consistent with the MSHCP. Section 2. In accordance with the MSHCP, the City Council makes the following findings for MSHCP consistency: 1. The proposed Project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. The Property is not located within a MSHCP Criteria Cell. However, the Property is within the Elsinore Plan Area and must be reviewed for consistency with the MSHCP "Plan Wide Requirements." 2. The proposed Project is subject to the City's LEAP and the County's Joint Project Review processes. 1 Agenda Item No. 20 Page 4 of 52 As stated above, the Property is not located within a MSHCP Criteria Cell and therefore the Entitlements were not reviewed through the LEAP or JPR processes. 3. The proposed Project is consistent with the Riparian /Riverine Areas and Vernal Pools Guidelines. The proposed project would not impact any water features that meet the Multiple Species Habitat Conservation Plan (MSHCP) definition of a riparian /riverine resource. In addition, no vernal pools exist on the project site; therefore, due to the lack of suitable habitat, there is a very low potential for vernal pool species to occur. The project is therefore consistent with the Riparian /Riverine Areas and Vernal Pool Guidelines set forth in Section 6.1.2 of the MSHCP. No further action regarding this section of the MSHCP is required. 4. The proposed Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. There is no suitable habitat for Narrow Endemic Plan Species Guidelines as set forth in Section 6.1.3. No further action regarding this section of the MSHCP is required. 5. The proposed Project is consistent with the Additional Survey Needs and Procedures. The Project is located within the Burrowing Owl survey area as identified in Section 6.3.2 Additional Survey Needs and Procedures of the MSHCP. A site assessment revealed no signs of Burrowing Owl nor suitable habitat. Because of the presence of potential suitable habitat in the vicinity of the Site, the applicant is required to conduct a pre- construction survey within 30 days of grading or other site- disturbing activities. As such, the Project is consistent with Section 6.3.2 of the MSHCP. 6. The proposed Project is consistent with the Urban/Wildlands Interface Guidelines. The Project Site is not within an MSHCP Criteria Cell and does not abut any areas proposed for conservation. Therefore, the Urban/Wildlands Interface Guidelines set forth in Section 6.1.4 of the MSHCP are not applicable. No further action regarding this section of the MSHCP is required. 7. The Project is consistent with the Vegetation Mapping requirements. The project site does not encompass any vegetation resources requiring mapping set forth is Section 6.3.1 of the MSHCP. No further action regarding this section of the MSHCP is required. 2 Agenda Item No. 20 Page 5 of 52 8. The Project is consistent with the Fuels Management Guidelines. The Fuels Management Guidelines presented in Section 6.4 of the MSHCP are intended to address brush management activities around new development within or adjacent to the MSHCP Conservation Area. The Project Site is not in a Criteria Cell and does not abut any areas proposed for conservation. As such, the Fuels Management Guidelines do not apply to the Project. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. The developer will be required to pay the City's MSHCP Local Development Mitigation Fee. 10. The Project is consistent with the MSHCP. The Entitlements are consistent with all applicable provisions of the MSHCP. No further actions related to the MSHCP are required. Section 3. Based upon the evidence presented, the above findings, and the attached conditions of approval, the City Council of the City of Lake Elsinore does hereby adopt findings that the Entitlements are consistent with the MSHCP. Section 4. This resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 22nd day of April 2008. ATTEST: VIVIAN M. MUNSON CITY CLERK DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE 3 Agenda Item No. 20 Page 6 of 52 APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 22nd day of April 2008, and that the same was adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: VIVIAN M. MUNSON CITY CLERK 4 Agenda Item No. 20 Page 7 of 52 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING RESIDENTIAL DESIGN REVIEW NO. 2007 -11 WHEREAS, Gene Schoenle, CMS. Inc. filed an application with the City of Lake Elsinore requesting approval of Residential Design Review No. 2007 -11 for the design and construction of an eight (8) unit apartment complex and associated improvements (the "Entitlements "), located at 222 and 226 Conklin Avenue, APN: 373- 054 -001 and 002 (the 'Property "); and WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the responsibility of approving residential design review applications; and WHEREAS, on April 22, 2008, at a duly noticed public hearing, the City Council considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, the City Council of the City of Lake Elsinore, California, does hereby resolve, determine and order as follows: Section 1. The City Council has considered the Residential Design Review prior to approving the application. The City Council finds that the Residential Design Review satisfies all requirements set forth in Chapter 17.82 of the Lake Elsinore Municipal Code. Section 2. The Planning Commission finds and determines that the project is categorically exempt from the California Environmental Quality Act (Cal. Pub. Res. Code 21000, et seq.: "CEQA ") and the CEQA Guidelines (14 C.C.R. 15000, et seq.: "CEQA Guidelines ") pursuant to a Class 32 exemption for In -fill Development Projects (14 C.C.R. §§ 15332) because the Project involves the construction of two (2) two -story buildings for a total of eight (8) units within the City limits on one (1) lot of no more than five (5) acres, which are adjacent to existing urban uses and have no value as habitat for endangered, rare or threatened species. The Project will not result in any significant effects relating to traffic, noise, air quality, or water quality and the units can be served by all required utilities and public services. Section 3. That in accordance with State Planning and Zoning Law and the Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Residential Design Review 2007 -11: 1. The Project, as approved, will comply with the goals and objectives of the General Plan, Specific Plan and the Zoning District in which the Project is located. The Project complies with the goals and objectives of the General Plan because it will assist in achieving the development of a well balanced and functional mix of residential, commercial, industrial, open space, recreational, and institutional land 1 Agenda Item No. 20 Page 8 of 52 uses. The Project will serve to greater diversify and expand Lake Elsinore's economic base. 2. The Project complies with the design directives contained in the General Plan Urban Design Element and all other applicable provisions of the Lake Elsinore Municipal Code. The Project is appropriate to the site and surrounding developments in that the residential complex has been designed in consideration of the size and shape of the property. Sufficient setbacks and enhanced onsite landscaping have been provided thereby creating interest and varying vistas as a person moves along abutting streets and within the center. In addition, safe and efficient circulation has been achieved onsite. The Project will compliment the quality of existing neighboring residential development and will create a visually pleasing, non - detractive relationship between the proposed development and existing projects through the use of architectural design. A variety of materials and colors are proposed along with masonry tile at the entries providing evidence of a concern for quality and originality. 3. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts. The Design Review application has been found to be categorically exempt from the California Environmental Quality Act (Cal. Pub. Res. Code 21000, at seq.: "CEQA') and the CEQA Guidelines (14 C.C.R. 15000, at seq.: "CEQA Guidelines' pursuant to a Class 32 exemption for In -fill Development Projects (14 C.C.R. §§ 15332). The project will not change density or intensity of use within the residential complex. It simply establishes standards for color palates, articulation, orientation, and design. The Project is not anticipated to result in any significant adverse environmental impacts. Project was reviewed and conditioned by all applicable City departments to ensure that the bank building blends into existing development, creates the least amount of disturbance, and does not negatively impact the residents or businesses of Lake Elsinore. The Project will not have a significant effect on the environment. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82.070 of the Lake Elsinore Municipal Code, the Project has been scheduled for consideration and approval of the Planning Commission on April 1, 2008. Section 4. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the City Council hereby approves Residential Design Review 2007 -11. 2 Agenda Item No. 20 Page 9 of 52 Section 5. This resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 22nd day of April 2008. DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE ATTEST: VIVIAN M. MUNSON CITY CLERK APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 22nd day of April 2008, and that the same was adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: VIVIAN M. MUNSON CITY CLERK 3 Agenda Item No. 20 Page 10 of 52 FINAL CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2007 -11 Note: Fees listed in the Conditions of Approval are the best estimates available at the time of approval. The exact fee amounts will be reviewed at the time of permit issuance and may be revised. GENERAL CONDITIONS The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the project attached hereto. The decision of the Planning Commission shall be final fifteen (15) days from the date of the decision, unless an appeal has been filed with the City Council pursuant to the provisions of Chapter 17.80 of the Lake Elsinore Municipal Code. The applicant shall submit a check in the amount of $64.00 made payable to the County of Riverside for a Notice of Exemption. The check shall be submitted to the Planning Division for processing within 48 hours of the projects approval. PLANNING DIVISION 4. Residential Design Review No. 2007 -11 approval of a multi - family residential development located at 222 and 226 Conklin Avenue (APN's 373 - 054 -001 & 002) will lapse and be void unless a building permit is issued within one (1) year of the approval date and construction is commenced and diligently pursued toward completion. 5. Applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approved days and hours of construction activity (i.e. 7:00 A.M. — 5:00 P.M., Monday through Friday with no construction activity to occur on Saturdays, Sundays or legal holidays) and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division at (951) 674- 3124. The sign shall be installed prior to the issuance of a grading permit. 6. All Conditions of Approval shall be reproduced upon page one of building plans submitted to the Building and Safety Division for Plan Check. 7. Prior to issuance of any grading or building permits, the Applicant shall sign and complete an "Acknowledgement of Conditions," and shall return the executed original to the Community Development Department for inclusion in the case records. Conditions of Approval shall be reproduced upon page one of building plans submitted to the Building and Safety Division for Plan Check. Agenda Item No. 20 Page 11 of 52 9. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 10. All site improvements shall be constructed as indicated on the approved site plan and elevations, with revisions as noted herein. The applicant shall meet all required setbacks pursuant to the Lake Elsinore Municipal Code (LEMC). Any other revisions to the approved site plan or building elevations shall be subject to the review of the Director of Community Development or his designee. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission through subsequent action. 11. Materials and colors depicted on the plans and materials board shall be used unless modified by the applicant and approved by the Community Development Director or designee. 12. All windows shall use surrounds and /or other architectural -type features as shown on the approved plans or modified with the approval of the Director of Community Development or designee. 13. At minimum the applicant shall use concrete tile for the roofing material. Roofing materials shall have a minimum Class "A" Fire rating, and so noted on the construction plans. 14. The applicant shall meet all applicable City Codes and Ordinances. 15. A cash bond of $1,000.00 shall be required for any construction trailers placed on the site and used during construction. Bonds will be released after removal of trailers and restoration of the site to an acceptable state, subject to the approval of the Director of Community Development or designee. 16. The applicant shall comply with the City's Noise Ordinance. Construction activity shall be limited to the hours of 7:00 AM to 5:00 PM, Monday through Friday, and no construction activity shall occur on Saturdays, Sundays or legal holidays. 17. The 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 control techniques. Interim erosion control measures shall be provided thirty (30) days after the site's rough grading, as approved by the City Engineer. 18. The applicant shall meet all applicable County Fire Department requirements for fire protection including paying all applicable fees. 19. The applicant shall meet all applicable Building and Safety Division requirements. 20. Prior to issuance of building permits, the applicant shall provide assurance that the Public Building Impact Fee has been paid. Agenda Item No. 20 Page 12 of 52 21. Any exterior air conditioning or other mechanical equipment shall be ground mounted and screened so that they are not visible from neighboring property or public streets. Air conditioning units and related equipment may not encroach more than two -feet (2') into the required minimum side yard setback. 22. The applicant shall provide and maintain shrubs and plant materials as shown on the landscape plan. Any changes to this plan shall be subject to the approval of the Director of Community Development or designee. The landscape plan shall be implemented prior to issuance of a Certificate of Occupancy. 23. Planting within fifteen feet (15') of ingress /egress points shall be no higher than 36 inches. 24. The applicant shall provide automatic irrigation systems for all landscaped areas as shown on the landscape plans. The irrigation system shall be implemented prior to the issuance of a Certificate of Occupancy. 25. The applicant shall provide a rain sensor. The rain censor shall be installed prior to the issuance of a Certificate of Occupancy. 26. All exposed slopes in excess of three feet (3') in height shall have permanent irrigation system and erosion control vegetation installed. 27. Driveways shall be constructed of concrete per Building and Safety Division standards. 28. The applicant shall construct a combination of a three (3) foot slump stone wall and three (3) foot wrought iron fence with pilasters along Conklin Avenue. Minimum fifteen (15) gallon vines shall be planted every ten (10) feet along this fence. The applicant shall submit plans for this wall for review and approval by the Planning Division prior to obtaining building permits 29. The applicant shall construct a combination of a four foot (4') decorative slump stone wall with two feet (2') of wrought iron with pillars along the Franklin Street as shown on the plans. The applicant shall submit plans for this wall for review and approval by the Planning Division prior to obtaining building permits. A minimum of fifteen (15) gallon vines shall be planted every ten (1) feet along the Franklin Street wall. The side and rear property lines will have a decorative slump stone masonry retaining wall of varying height, two foot (2') planter and six foot (6') decorative slump stone masonry block wall as shown on the plans. 30. Chain link fences shall be prohibited at all locations. 31. All block walls shall be coated with an anti - graffiti material and shall be maintained clear of graffiti at all times. Agenda Item No. 20 Page 13 of 52 32. The building address shall be a minimum of four inches (4 ") high and shall be easily visible from the public right -of -way. Care shall be taken to select colors and materials that contrast with building walls or trim. 33. All trash enclosures shall be constructed per City standards as approved by the Director of Community Development or Designee prior to issuance of Certificate of Occupancy. A solid cover shall be incorporated into the design of all trash enclosures. 34. The applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid prior to issuance of building permits. 35. The applicant shall pay park -in -lieu fees in effect at the time prior to issuance of building permits. 36. The applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 37. The applicant shall submit water and sewer plans to Elsinore Valley Municipal Water District and shall incorporate all District conditions and standards, including payment of applicable connection fees prior to the issuance of building permits. 38. The applicant shall pay the Multiple Species Habitat Conservation Plan Fee (MSHCP) Local Development Mitigation Fee prior to obtaining building permits. 39. The Applicant shall pay all applicable Library Capital Improvement Fund fee. 40. All landscaping shall be installed as indicated on the proposed "Preliminary Landscape Plan ". Any proposed changes shall be subject to the review and approval of the Director of Community Development or designee. 41. All proposed landscaping shall be installed and an automatic irrigation shall be fully operational, prior to the issuance of a certificate of occupancy. 42. All exterior on -site lighting shall be shielded and directed on -site so as not to create glare onto neighboring property and streets. All light fixtures shall compliment the architectural style of the building and shall be reviewed and approved by the Director of Community Development of Designee. 43. The applicant shall comply with all ADA (Americans with Disabilities Act) requirements. 44. No exterior roof ladders shall be permitted. 45. All exterior downspouts shall be concealed within the buildings. 46. The applicant shall provide a minimum for eighty -five (85) cubic feet of storage area with a minimum dimension of three (3) feet in a location external of the unit such as the garage area or patio /terrace area. Agenda Item No. 20 Page 14 of 52 47. Three (3) sets of the Final Landscaping /Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or Designee. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval. a. All planting areas shall have permanent and automatic sprinkler system with 100% plant and ground cover coverage using a combination of drip and conventional irrigation methods. b. All planting areas shall be separated from paved areas with a six inch (6 ") high and six inch (6 ") wide concrete curb. c. Plantings within fifteen feet (15') of ingress /egress points shall be no higher than thirty -six inches (36 "). d. Any ground mounted transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. e. Shrubs and vines shall be planted around the onsite trash enclosures to soften the structures. f. Final landscape plans shall include planting and irrigation details and shall include all tree and shrub container sizes to be reviewed and approved by the City's landscape architect consultant. g. The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h. A Landscape Maintenance Bond shall be provided prior to issuance of Certificate of Occupancy. The bond shall cover one hundred percent (100 %) of the total cost of landscaping improvements onsite. Release of the bond shall be requested by the Applicant at the end of the required one (1) year maintenance period subject to the approval of the City's Landscape Architect Consultant and Community Development Director or Designee. i. All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. Final landscape plan must be consistent with approved site plan. One twenty -four inch (24 ") box size tree shall be installed for every thirty- linear feet (30') of street frontage, selected from the approved City street tree list. 48. Prior to the issuance of any building permit for the Project, the Developer shall enter into an agreement with the City and the Redevelopment Agency of the City of Lake Agenda Item No. 20 Page 15 of 52 Elsinore to provide (a) 15% of the units constructed in the Project as affordable housing units in accordance with the requirements of Section 33413(b)(2) of the California Community Redevelopment Law (Health & Safety Code Sections 33000 et seq.), or (b) an alternative equivalent action as determined by the City which may include (without limitation) dedication of vacant land, construction of affordable units on another site, or payment of an in -lieu fee at the rate of $2.00 per square -foot of assessable space for each dwelling unit in the Project. For purposes of this condition, "assessable space" means all of the square- footage within the perimeter of a structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, detached accessory structure, or similar area. The amount of the square- footage within the perimeter of a residential structure shall be calculated by the building department of the City in accordance with the standard practice of the City in calculating structural perimeters. 49. The applicant is required to conduct a surrey for nesting birds within thirty (30) days prior to grading or other construction - related activities. This surrey will meet the MSHCP pre- construction survey requirement for Burrowing Owl. 50. The applicant shall enter into the Crime Prevention Program, administered by the Riverside County Sheriffs Department and shall provide assurance of this enrollment to the Planning Division General: 51. All grading and street improvement plans submitted to engineering shall be drawn on 24" x 36" Mylar and be set into City's specific border and title block and include city specific general notes for grading or street improvements respectively. Digital files for the border and the notes are available by request to "agutierrez @lake- elsinore.org ". 52. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to issuance of grading permit. 53. Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83 -78). 54. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85 -26). 55. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project, and specify the technical data for the water service at the location, such as water pressure and volume etc. Submit this letter prior to issuance of grading permit. Agenda Item No. 20 Page 16 of 52 56. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to issuance of grading permit. 57. 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. 58. Provide fire protection facilities as required in writing by Riverside County Fire Department. 59. All improvement plans shall be digitized. At Certificate of Occupancy applicant shall submit tapes and /or discs which are compatible with City's ARC Info /GIS or developer to pay $1,000 per sheet for City digitizing the plans. 60. Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of import or export material. Such routes shall be subject to the review and approval of the City Engineer. Dedication: 61. Dedicate an adequate strip of land along Franklin Street frontage within the property limits to the City for a total of 30 feet right of way from centerline of Franklin Street to new property line. 62. Dedicate 5' strip of land along the Conklin Avenue frontage within the property limits to the City for a total of 30 feet right of way from center line of the Conklin Street to the new property line. 63. Dedicate additional right -of -way for a standard corner cutback for the future curb return at corner of the corner of Franklin Street and Conklin Ave. 64. Public right -of -way dedications shall be prepared by the applicant or his agent. City specific Grant Deeds shall be submitted to the Engineering Division for review and approval and recordation prior to issuance of building permit. Street Improvements: 65. Construct street pavement (minimum of 6.5" AC over 95% compacted native soil), curb /gutter and sidewalk in Franklin Street within the limits of property frontage on Franklin Street. 66. Construct street pavement (minimum of 3" AC over 4" AB), curb /gutter and sidewalk in Conklin Avenue within the limits of property frontage on Conklin Avenue. Agenda Item No. 20 Page 17 of 52 67. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to start of construction of the same. 68. Street improvement plans and specifications shall be prepared by a Calif. Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). ). Street improvement plans shall show existing and future profiles at centerline of street, at top of curb. The profiles and contours shall extend to 50' beyond the property limits on Franklin Street and Conklin Avenue centerlines. 69. Work done under an encroachment permit for off -site improvements of utility lines shall be delineated on the street improvement plans and approved and signed by the City Engineer prior to issuance of building permits. 70. Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off -site public works improvements (LEMC12.08, Res.83 -78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 71. Show existing lighting improvements as part of street improvement plans for Franklin Street and Conklin Avenue and provide new street lighting if required by the City Engineer. Relocate existing street light if necessary. 72. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 73. All utilities except electrical over 12 kV shall be placed underground, as approved by the serving utility. Grading: 74. Developer shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to issuance of grading permit. 75. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer is required. 76. A grading plan stamped /signed by a California Registered Civil Engineer is required if the sum of the cut and fill for grading exceeds 50 cubic yards and the existing drainage flow pattern is substantially modified as determined by the City Engineer. The grading plan shall show volumes of cut and fill, adequate contours and /or spot elevations of the existing ground as surveyed by a licensed surveyor or civil engineer. Contours shall extend to minimum of 15 feet beyond property lines to indicate existing drainage pattern. Apply and obtain a grading permit with appropriate security prior to grading permit issuance. Agenda Item No. 20 Page 18 of 52 77. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 78. An Alquist - Priolo study shall be performed on the site to identify any hidden earthquake faults and /or liquefaction zones present on -site or provide documentation from a Registered Professional Geologist or geotechnical Engineer that the study is not required. 79. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR &R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 80. Applicant to provide erosion control measures as part of their grading plan. The applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 81. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. The geotechnical engineer shall make recommendation for the minimum distance of building foundation to the top and toe of slopes. Drainage: 82. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 83. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer along with grading plans. Developer shall mitigate any flooding and /or erosion caused by development of site and diversion of drainage. 84. All drainage facilities in the development shall be constructed to Riverside County Flood Control District Standards. 85. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 86. Roof and yard drains will not be allowed to outlet directly through cuts in the curb. Roof drains should drain to a landscaped area prior to entering driveways. Driveways shall be sloped to drain into landscaping prior to entering street facilities. 87. Applicant will be required to install BMP's using the best available method to mitigate any urban pollutants from entering the watershed. 88. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination Agenda Item No. 20 Page 19 of 52 System ( NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for construction period and a project- specific WQMP for post construction including its maintenance implementation. The project— specific WQMP shall demonstrate that discharge flow rates, velocities, duration, and volume, for the post construction condition, from a -2- year and 10 -year, 24 -hour rainfall event will not cause significant adverse impacts on downstream erosion and receiving waters, or measures are implemented to mitigate significant adverse impacts to downstream public facilities and water bodies. 89. Developer shall use Site Design BMPs such as minimizing imperious areas, maximizing permeability, minimizing directly connected imperious areas, creating reduced or "zero discharge areas, and conserving natural areas, and allow runoff to sheet -flow through landscaped swales or natural drainage channels. 90. The project- specific WQMP shall provide measures to minimize the impact from the Pollutants of Concern and Hydrologic Conditions of Concern identified forthe Project. Where Pollutants of Concern include pollutants that are listed as causing or contributing to impairments of Receiving Waters, BMPs must be selected so that the project does not cause or contribute to an exceedance of water quality objectives. The WQMP shall incorporate the applicable Source Control and treatment Control BMPs as described in the Santa Ana River Region WQMP and provide information regarding design considerations, and the long -term operation and maintenance requirements for BMPs requiring long -term maintenance, as well as the mechanism for funding the long -term operation and maintenance of the BMPs requiring long -term maintenance. 91. Prior to issuance of any building or grading permits, the property owner shall record a "Covenant and Agreement" with the County -Clerk Recorder to obligate developer and future property owners to implement the approved project- specific WQMP, and in case of owner's failure to maintain the specified treatment control BMP's as outlined In the WQMP, the City reserves the right to do the maintenance of said BMP'S and invoice the owners of the property for all costs incurred. The project applicant shall cause the approved final project- specific WQMP to be incorporated by reference or attached to the project's Storm Water Pollution Prevention Plan as the Post - Construction Management Plan. 92. Provide roof over the trash bin enclosures to prevent rain entering into the enclosure as part of WQMP. 93. Education guidelines and Best Management Practices (BMP) shall be provided to residents and management of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 94. Applicant shall provide first flush BMP's using the best available method that will effectively reduce storm water pollutants from parking areas and driveway aisles. Agenda Item No. 20 Page 20 of 52 Conditions, Covenants and Regulations: 95. Applicant shall record a maintenance and replacement plan, with appropriate link to the property's legal description, with County Clerk Recorder, which provides for irrevocable maintenance and or replacement of the "Underground Storm Water Filter" facility up stream of the Storm Drain Outlet. Fees: 96. Pay all Capital Improvement and Plan Check fees (LEMC 16.34). The current traffic mitigation fee is $959.00 per unit, the current Drainage fee is $2993.00 for the development (Town no.2 District.) and the current TUMF amount is $7,054.00 per unit; the amount of fees shall be adjusted according to the fee schedule current at the time of payment. LAKE ELSINORE FIRE General Conditions With respect to the conditions of approval for the referenced project, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and /or recognize fire protection standards: HAZARDOUS FIRE AREA This project is located in the "Hazardous Fire Area" of Riverside County shown on a map on file with the Clerk of the Board of Supervisors. Any building constructed within this project shall comply with the special construction provision contained in the Riverside County Ordinance 787.3. ROOFING MATERIAL All buildings shall be constructed with class B roofing materials as per the California Building Code. BLUE DOT REFELECTOR Blue retro reflective pavement markers shall be mounted on private street, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by Lake Elsinore Fire Services. MIN REQ FIRE FLOW Minimum required fire flow shall be 1500 GPM for 2 hour duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed Agenda Item No. 20 Page 21 of 52 on the job site. Fire flow is based on type V -B construction per the 2007 CBC and building(s) having a fire sprinkler system. STANDARD FH 330/165 Approved standard fire hydrants (6" x 4' x 2 '' /z ") shall be located at alternate street intersections and spacing not more than 500 feet apart in any direction with no portion of any lot frontage more than 250 feet from the fire hydrant. Fire flow shall be 1000 GPM for 2 hour duration at 20 PSI residual operating pressure. WATER PLANS The applicant or developer shall separately submit two copies 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 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 Lake Elsinore Fire Services." BLDG PLAN CHECK $ Building plan check deposit fee of $1,056.00, shall be paid in a check or money order to the City of Lake Elsinore before plans have been approved by our office. WATER CERTIFICATION The applicant or developer shall be responsible to submit written certification from the water company noting the location of the existing fire hydrant and that the existing water system is capable of delivering 1500 GPM fire flow for a 2 hour duration at 20 PSI residual operating pressure. If a water system currently does not exist, the applicant or developer shall be responsible to provide written certification that financial arrangements have been made to provide them. WATER PLANS The applicants or developer shall separately submit two copies of the water system plans to the Fire Department for review and approval. Calculated velocities shall not exceed 100 feet per second. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans shall be signed and 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 Lake Elsinore Fire Services." PRIOR TO BUILDING FINAL INSPECTION FIRE LANES The applicant shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and /or signs. Agenda Item No. 20 Page 22 of 52 DISPLAY BOARDS Display Boards will be as follows: Each complex shall have an illuminated diagrammatic representation of the actual layout which shows name of complex, all streets, building designators, unit members, and fire hydrant locations within dimension and located next to roadway access. SPRINKLER SYSTEM Install a complete fire sprinkler system per NFPA 13 2002 edition in all buildings requiring a fire flow of 1500 GPM or greater sprinkler system (s) with pipe size in excess of 4" inch diameter will require the project structural engineer to certify (wet signature) the stability of the building system for seismic and gravity loads to support the sprinkler system. All fire sprinkler risers shall be protected from any physical damage. The post indicator valve and fire department connection shall be located to the front, within 50 feet of a hydrant, on the same side of the street and same side of driveways and the minimum of 40 feet from the building (s). A statement that the building (s) will be automatically fire sprinkled must be included on the title page of the building plans. (Current sprinkler plan check fee is $614.00 per riser) Applicant or developer shall be responsible to install a L. Central Station Monitored Fire Alarm System. Monitoring System shall monitor the fire Sprinkler system (s) water flow, P.I.Ws and all control valves. Plans must be submitted to the Fire Department for approval prior to installation. Contact Fire Department for guideline handout (current monitoring plan check fee is $192.00) EXTINGUISHERS Install portable fire extinguishers with a minimum rating of 2A -10BC and signage. Fire Extinguishers located in public areas shall be in a recessed cabinet mounted 48" (Inches) to enter above the floor level with Maximum 4" projection from the wall. Contact Fire Department for proper placement of equipment prior to installation. TITLE 19 Comply with Title 19 of the California Administrative Code. End of Conditions Agenda Item No. 20 Page 23 of 52 CITY OF LSIRORE DREAM EXTREME- CITY OF LAKE ELSINORE REPORT TO THE PLANNING COMMISSION TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: APRIL 1, 2008 PROJECT TITLE: RESIDENTIAL DESIGN REVIEW NO. 2007 -11 APPLICANT: GENE SCHOENLE, CMS INC., 28421 SAGE GLEN TRAIL, ESCONDIDO, CALIFORNIA 92026 OWNER: KISH NORTH & JON REMINGTON, CAPITAL DIRECT LENDING, 18200 YORBA LINDA BLVD, SUITE 1097, YORBA LINDA, CALIFORNIA 92886 PROJECT REQUEST: This is a request for review and approval of Residential Design Review No. 2007 -11 for an eight (8) unit, 6,409 square foot multi - family residential apartment project and associated improvements. Review is pursuant to Chapter 17.82 (Design Review), Chapter 17.24 (R -2 Medium Density Residential District) Chapter 17.14 (Residential Development Standards), Chapter 17.66 (Parking Requirements) and all other associated Chapters of the Lake Elsinore Municipal Code (LEMC) and the requirements of the Historic Elsinore Architectural Design Guidelines. PROJECT LOCATION The project site is located at 222 & 226 Conklin Avenue within the Historic Overlay District (APN's 373 - 054 -001 and 002). Agenda Item No. 20 Page 24 of 52 PLANNING COMMISSIOnry STAFF REPORT APRIL 1, 2008 PROJECT TITLE: RESIDENTIAL DESIGN REVIEW NO. 2007-11 ENVIRONMENTAL SETTING PROJECT DESCRIPTION The project includes the construction of two (2) conventionally built buildings on a 20,883 square foot vacant lot. The two (2) story buildings occupy approximately 6,409 square feet or thirty -two percent (32 %) of the lot area which is within the maximum floor area ratio allowance of thirty -five percent (35 %) according to the MHD (Medium High Density Residential) designation pursuant to the Historic Elsinore Architectural Design Standards. Water and Sewer service will be provided by Elsinore Valley Municipal Water District. A Will Serve letter for these utilities is included in this report. Currently, the project consists of two (2) legal lots. The applicant will be required to obtain approval of a lot merger prior to obtaining a building permit. Each building consists of four (4) units; two (2) units on the first floor and two units on the second floor. Units range in size from 812 square feet to 1,015 square feet. Seven (7) units will include a living room, dining room, kitchen, two (2) bedrooms, and two (2) bathrooms. The eighth unit has three (3) bedrooms. All units will have washer and dryers available in the garage. Four (4) units have access to two (2) car garages, and four units have access to one (1) car garages. There are seven (7) open spaces available meeting the parking requirements of Chapter 17.66 (Parking Requirements) of the Lake Elsinore Municipal Code (LEMC). There are two (2) additional parking spaces available along Conklin Avenue for visitors. Private and Common Open Space Each unit will be provided with either a first floor patio or second floor terrace. All private open space areas include a minimum of one hundred (100) square feet. The applicant is conditioned to provide a minimum of eighty five (85) cubic feet of storage space /compartment in an area external of the unit such as the garage or patio /terrace area. The applicant will also provide two (2) common open space areas that total 2,163 square feet. One (1) area is primarily open turf that will include a BBQ, table and benches. The second area is a tot lot that will include children's play equipment. Agenda Item No. 20 Page 25 of 52 M 04100W Project Site Vacant MHD — Medium High MHD — High Density Density Residential Residential North Vacant/Single Family MHD — Medium High MHD —High Density Residential Density Residential Residential South Vacant R -1, Single Family Future Specific Plan Residential District `K' East Vacant MHD — Medium High MHD — High Density Density Residential Residential West Single Family MHD — Medium High MHD — High Density Residential Density Residential Residential PROJECT DESCRIPTION The project includes the construction of two (2) conventionally built buildings on a 20,883 square foot vacant lot. The two (2) story buildings occupy approximately 6,409 square feet or thirty -two percent (32 %) of the lot area which is within the maximum floor area ratio allowance of thirty -five percent (35 %) according to the MHD (Medium High Density Residential) designation pursuant to the Historic Elsinore Architectural Design Standards. Water and Sewer service will be provided by Elsinore Valley Municipal Water District. A Will Serve letter for these utilities is included in this report. Currently, the project consists of two (2) legal lots. The applicant will be required to obtain approval of a lot merger prior to obtaining a building permit. Each building consists of four (4) units; two (2) units on the first floor and two units on the second floor. Units range in size from 812 square feet to 1,015 square feet. Seven (7) units will include a living room, dining room, kitchen, two (2) bedrooms, and two (2) bathrooms. The eighth unit has three (3) bedrooms. All units will have washer and dryers available in the garage. Four (4) units have access to two (2) car garages, and four units have access to one (1) car garages. There are seven (7) open spaces available meeting the parking requirements of Chapter 17.66 (Parking Requirements) of the Lake Elsinore Municipal Code (LEMC). There are two (2) additional parking spaces available along Conklin Avenue for visitors. Private and Common Open Space Each unit will be provided with either a first floor patio or second floor terrace. All private open space areas include a minimum of one hundred (100) square feet. The applicant is conditioned to provide a minimum of eighty five (85) cubic feet of storage space /compartment in an area external of the unit such as the garage or patio /terrace area. The applicant will also provide two (2) common open space areas that total 2,163 square feet. One (1) area is primarily open turf that will include a BBQ, table and benches. The second area is a tot lot that will include children's play equipment. Agenda Item No. 20 Page 25 of 52 PLANNING COMMISSIOi-4 STAFF REPORT APRIL 1, 2008 PROJECT TITLE: RESIDENTIAL DESIGN REVIEW NO. 2007 -11 Landscaping and Fencing Landscaping will be provided over eighteen percent (18 %) or 3,644 square feet of the project site. The applicant has been conditioned to submit a Landscape and Irrigation Plan that includes a minimum of one (1) twenty -four inch (24 ") box tree for every thirty feet (30') of street frontage along Franklin Street and Conklin Avenue. A variety of shrubs and ground cover will be required. The applicant will construct a combination four foot (4) decorative block walls with two feet (2) of wrought iron along Franklin Avenue and five foot (5) open wrought iron fencing with pilasters along Conklin Avenue. A combination of a decorative block retaining wall of varying heights, a two foot (2') wide planter and six foot (6) boundary wall will be constructed along the southern and eastern boundary lines. Architecture All projects located within the Historic Overlay District are required to incorporate one of choice from several Architectural styles common to the historic period of the 1920's listed in the Historic Elsinore Architectural Design Standards. The applicant has chosen to use a Spanish style of architecture. Features include arches over windows with pop out trim, Spanish style shutters, decorative lighting, tiled shed roof with brackets over selected entrances, decorative wood entry doors, decorative wood garage doors, clay vents, enclosed stair wells, exposed rafter tails and decorative 'S' type Spanish tile roofs. Material and Color Board Colors and Materials proposed are: Location Material Color Roof 'S' Tile Terracotta Wall Stucco Chablis Trim - Surrounds Foam/Wood Coffee Santa Fe Brown ANALYSIS Staff recommends approval of the Residential Design Review application based on the following: The project site is located in the Historic Overlay District's Medium High Density designation that allows for up to eighteen (18) dwelling units per acre. The maximum units allowed on this site would be eight (8) units (.48 acres x 18 du /ac = 8.6 du's). The eight (8) units proposed comply with this requirement. The project also meets all the Agenda Item No. 20 Page 26 of 52 PLANNING COMMISSIOry STAFF REPORT APRIL 1, 2008 PROJECT TITLE: RESIDENTIAL DESIGN REVIEW NO. 2007 -11 setbacks, landscaping, parking and architectural requirements set forth in the Historic Standards and the requirements of the LEMC. In addition, the project will increase the City's reserve of affordable rental housing. ENVIRONMENTAL DETERMINATION The City reviewed the Project pursuant to the California Environmental Quality Act (CEQA) and determined the Project qualifies for the exemption under Section 15332 Class 32 In -Fill Development Projects. The Project site is 0.48 acres in size, and is consistent with applicable general plan policies and zoning designations. The site is within city limits, and is substantially surrounded by development, and can be adequately served by all required utilities and public services. The site has no habitat value and would not result in any significant environmental effects. Further, none of the exceptions in Section 15300.2 (Exceptions) apply to the Project. The Project was found consistent with the MSHCP. However, pursuant to the Migratory Bird Treaty Act, the site must be surveyed for nesting birds within 30 days prior to grading or other construction - related activities. Performing this survey would also meet the MSHCP pre- construction survey requirement for Burrowing Owl. The project has been conditioned to conduct this survey prior to all grading or other construction - related activities. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2008_making findings that the project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP), and Resolution No. 2008- _ approving Residential Design Review No. 2007 -11. The recommendation is based on the findings, exhibits, and conditions of approval attached. Prepared By: Linda M. Miller, AICP Project Planner Approved By: Rolfe M. Preisendanz, Director of Community Development ATTACHMENTS: 1. VICINITY MAP 2. PLANNING COMMISSION RESOLUTIONS 3. CONDITIONS OF APPROVAL 4. EXHIBITS REDUCTIONS (8'/z X 11) FULL SIZE PLAN SET Agenda Item No. 20 Page 27 of 52 VICINITY MAP RESIDENTIAL DESIGN REVIEW 2007 -11 222 & 226 CONKLIN AVENUE / It FRANKLIN ST I / W z o I PROJECT SITE EgSTNFA��AV� z\�, °r2`. Agenda Item No. 20 Page 28 of 52 RESOLUTION NO. 2008- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT FINDINGS OF CONSISTENCY WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) FOR RESIDENTIAL DESIGN REVIEW NO. 2007 -11 WHEREAS, Gene Schoenle, CMS Inc., has filed an application with the City of Lake Elsinore requesting approval of Residential Design Review No. 2007 -11 for an eight (8) unit multi family residential apartment complex and related on -site improvements (the "Project "); and WHEREAS, the total area of the Project Site is approximately 20,883 square feet and is located at 222 and 226 Conklin Avenue APN: 373 - 054 -001 & 002 (the "Project Site "); and WHEREAS, Section 6.0 of the MSHCP indicates projects which are proposed for development in an area not covered by an MSHCP criteria cell shall be analyzed pursuant to the MSHCP "Plan Wide Requirements" and the City of Lake Elsinore shall make findings that the Project is consistent with those requirements; and WHEREAS, public notice of the Project has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on April 1, 2008. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the Project and its consistency with the MSHCP "Plan Wide Requirements" prior to making a recommendation that the City Council adopt Findings of Consistency. SECTION 2. In accordance with the MSHCP, the Planning Commission makes the following findings for MSHCP consistency: 1. The Project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. Pursuant to the City's MSHCP Implementing Resolution, prior to approving any discretionary entitlement, the City is required to review the Project to ensure consistency with the MSHCP criteria and other "Plan Wide Requirements." The Project, as proposed, is not located within an MSHCP criteria area. The Project was reviewed and found consistent with the following "Plan Wide Agenda Item No. 20 Page 29 of 52 PLANNING COMMISSION RESOLUTION NO. 2008 - PAGE 2 OF 4 Requirements ": Protection of Species Associated with Riparian /Riverine Areas and Vernal Pool Guidelines (MSHCP § 6.1.2), Protection of Narrow Endemic Species (MSHCP § 6.1.3), Urban/Wildlands Interface Guidelines (MSHCP § 6.1.4), Vegetation Mapping (MSHCP § 6.3.1), Additional Survey Needs and Procedures (MSHCP § 6.3.2), Fuels Management (MSHCP § 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance § 4.0). 2. The Project is subject to the City's Lake Elsinore Acquisition Process (LEAP) and the County's Joint Project Review processes. The Project Site is within the Elsinore Area Plan, but is not located within a Criteria Cell. As such, the Joint Project Review process was not required. 3. The Project is consistent with the Riparian /Riverine Areas and Vernal Pools Guidelines. Section 6.1.2 of the MSHCP focuses on protection of riparian / rverine areas and vernal pool habitat types based upon their value in the conservation of a number of MSHCP covered species. The Site is disturbed and denuded of all vegetation with the exception of five (5) ornamental trees. There are no riparian /rivenne resources, vernal pools, or habitat suitable for fairy shrimp on the Site. As such, the Project is consistent with Section 6.1.2 of the MSHCP. 4. The project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The Project is not located in a Narrow Endemic Plant Species Survey Area. Therefore, Section 6.1.3 of the MSHCP does not apply to the Project. 5. The project is consistent with the Additional Survey Needs and Procedures. The Project is located within the Burrowing Owl survey area as identified in Section 6.3.2 Additional Survey Needs and Procedures of the MSHCP. A site assessment revealed no signs of Burrowing Owl nor suitable habitat. Because of the presence of potential suitable habitat in the vicinity of the Site, the applicant is required to conduct a pre - construction survey within 30 days of grading or other site - disturbing activities. As such, the Project is consistent with Section 6.3.2 of the MSHCP. 6. The project is consistent with the Urban/Wildlands Interface Guidelines. The Project Site is not within an MSHCP Criteria Cell and does not abut any areas proposed for conservation. As such, Section 6.1.4 of the MSHCP does not apply to the Project. Agenda Item No. 20 Page 30 of 52 PLANNING COMMISSION RESOLUTION NO. 2008 - PAGE3OF4 7. The Project is consistent with the Vegetation Mapping requirement. The Project Site is not within a MSHCP Criteria Cell and is not located within areas that require mapping of vegetation. As such, Section 6.3.1 of the MSHCP does not apply to the Project. 8. The Project is consistent with the Fuels Management Guidelines. The Fuels Management Guidelines presented in Section 6.4 of the MSHCP are intended to address brush management activities around new development within or adjacent to the MSHCP Conservation Area. The Project Site is not in a Criteria Cell and does not abut any areas proposed for conservation. As such, the Fuels Management Guidelines do not apply to the Project. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. As a condition of approval, the Project will be required to pay the City's MSHCP Local Development Mitigation Fee at the time of issuance of building permits. 10. The project is consistent with the MSHCP. For the foregoing reasons, the Project is consistent with the MSHCP. SECTION 3. Based upon all of the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby recommends that the City Council find the Project consistent with the MSHCP. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 1st day of April, 2008, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman City of Lake Elsinore Agenda Item No. 20 Page 31 of 52 PLANNING COMMISSION RESOLUTION NO. 2008- _ PAGE 4 OF 4 ATTEST: Rolfe M. Preisendanz Director of Community Development Agenda Item No. 20 Page 32 of 52 RESOLUTION NO. 2008 _ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF RESIDENTIAL DESIGN REVIEW NO. 2007 -11 FOR AN EIGHT (8) UNIT MULTI - FAMILY RESIDENTIAL DEVELOPMENT WHEREAS, Gene Schoenle, CMS, Inc. filed an application with the City of Lake Elsinore requesting review and approval of Residential Design Review No. 2007 -11 for an eight (8) unit multi - family .residential apartment development and associated improvements (the "Project "); and WHEREAS, the total area of the Project Site is approximately 20,883 square feet and is located at 222 and 226 Conklin Avenue APN's 373 - 054 -001 & 002 (the "Project Site "); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility, of making recommendations to the City Council for Residential Design Review requests for multi - family residential projects; and WHEREAS, notice of the Project has been given and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on April 1, 2008. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the Project prior to making a decision to recommend that the City Council approve the Residential Design Review No. 2007 -11. SECTION 2. The Planning Commission finds and determines that the Project is categorically exempt from the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA ") and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.) pursuant to a class 32 exemption for In -Fill Development Projects (14 C.C.R. § 15332) because the Project involves the construction of two (2) two -story buildings for a total of eight (8) units within the City limits on one (1) lot of no more than five (5) acres, which are adjacent to existing urban uses and have no value as habitat for endangered, rare or threatened species. The Project will not result in any significant effects relating to traffic, noise, air quality, or water quality and the units can be served by all required utilities and public services. SECTION 3. That in accordance with State Planning and Zoning Law and the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of the Residential Design Review No. 2007 -11: Agenda Item No. 20 Page 33 of 52 PLANNING COMMISSION RESOLUTION NO. 2008 - PAGE 2 OF 3 1. The Project, as approved, will comply with the goals and objectives of the General Plan, Specific Plan and the Zoning District in which the Project is located. The Project complies with the goals and objectives of the General Plan and the Lake Elsinore Municipal Code in that the approval of the multi - family residential buildings will assist in the creation of affordable housing within the community. 2. The Project complies with the design directives contained in the General Plan and all applicable provisions of the Lake Elsinore Municipal Code. The Project is appropriate to the site and surrounding developments in that the multi - family residential buildings have been designed in consideration of the size and shape of the property. Sufficient setbacks and onsite landscaping have been provided. The Spanish style architecture of the multi- family residential buildings comply with the requirements of the Historic Overlay District and the Historic Elsinore Architectural Design Standards. Design features include arches over windows with pop out trim, Spanish style shutters, decorative lighting, tiled shed roof with brackets over selected entrances, decorative wood entry doors, decorative wood garage doors, clay vents, enclosed stair wells, exposed rafter tails and decorative 'S' type Spanish tile roofs. 3. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts. The Project, as reviewed and conditioned by all applicable City divisions, departments and agencies, was found to be exempt from the California Environmental Quality Act pursuant to Section 15332, In -Fill Development Projects. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82.070 of the Lake Elsinore Municipal Code, the Project has been scheduled for consideration and approval of the Planning Commission on April 1, 2008. SECTION 4. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the Planning Commission hereby recommends approval to the City Council of the Residential Design Review for a multi- family development to be located at 222 and 226 Conklin Avenue also identifiable as APN 373 - 054 -001 & 002. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. Agenda Item No. 20 Page 34 of 52 PLANNING COMMISSION RESOLUTION NO. 2008 - PAGE 3 OF 3 PASSED, APPROVED AND ADOPTED this 1st day of April 2008, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman City of Lake Elsinore ATTEST: Rolfe M. 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W J N ti Uz gg� F Ct't @B!B FYF�F� LF YCCS �� tli Ci 3p3� xs� 9 A x FF 6 y 9F666666 '� ��° e e�5 A 3Y�s ■� $ ' 4 €'a iEx4 C .lS n;: . a116 ' All W R $§ z 3' Q F 4' F O N s i d'wgi � gY� a. �I e1 la Agenda Item No. 20 Page 47 of 52 L z Q J a z w w' F �9 m: 3 t a 9 g3 i M Agenda Item No. 20 Page 48 of 52 5i M Agenda Item No. 20 Page 48 of 52 dbl 'K FY= lrcl'0 AM.,- 00* So Via, 4oz= siFOUm�,sr ta AAK, M4V44664 will 'o rovikkijol W aild-TO.Op DO *0 , �&lrt ��-fo a # v NieeEv the rag. kibWA-- Wtft serve - ik T� ben's] hzi�'N 0 g u -Fi ,am 00 jup" gb L :WDWW� Fees psrllriiE V#ww %bt8l.AMt 4WO4 To pb-A& . $0,44 Sase*6es 6rtAVdAdffsf4 Not Feces fvlalAm�t TOW Wateranid.Sqwer Fees $0.00 Agenda Item No. 20 Page 49 of 52 ro-A Roth 70T 500� 3OWT, ife YMOM, W aild-TO.Op DO *0 , �&lrt ��-fo a # v NieeEv the rag. kibWA-- Wtft serve - ik T� ben's] hzi�'N 0 g u -Fi ,am 00 jup" gb L :WDWW� Fees psrllriiE V#ww %bt8l.AMt 4WO4 To pb-A& . $0,44 Sase*6es 6rtAVdAdffsf4 Not Feces fvlalAm�t TOW Wateranid.Sqwer Fees $0.00 Agenda Item No. 20 Page 49 of 52 PWI bhb" Agenda Item No. 20 Page 50 of 52 03/26/2008 04:42 7607497208 SCHOENLE PAGE 01/01 ACKNOWLEDEGEMENT OF DRAFT CONDITIONS RR: Residential Design Review No ... 2007 -11 I hereby state that I/We acknowledge the draft Conditions of Approval for the above named project. INVe understand that these are draft Conditions only and do hereby agree to accept and abide by all final conditions prescribed by the City of Lake Elsinore staff, as set forth in the attachments to the approval letter that will be sent after final project approval. .. .. All final conditions shall be met prior to issuance of permits or prior to the first Certificate of Occupancy, or otherwise indicated in the Conditions, subject to the approval of the Community Development Director of the City of Lake Elsinore. Date: 3 �� g Applicant's Signature: �qa k-1 Print Name: lDgefja; , Address: 2 ` Lk' 9.1 Slkk� 'C1WL !E.S Jt l 171Vol, fi�1- 9a t7o2 & Phone Number: 7/00 ?L{ -,Pl Agenda Item No. 20 Page 51 of 52 City of Lake Elsinore Planning Division 130 S. Main Street Lake Elsinore, CA 92530 (909)674 -3124 (909) 471 -1419 fax Filed With: ❑ Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 Project Title: Residential Design Review No. 2007 -11 Project Location (Specific): 222 and 226 Conklin Avenue Project Location (City): City of Lake Elsinore Description of Nature, Purpose, and Beneficiaries of Project: Notice of Exemption 0 County Clerk of Riverside County 2724 Gateway Drive Riverside, CA 92507 Project Location (County): Riverside County The project includes the construction of two (2) conventionally built buildings on a 20,883 square foot vacant lot. The two (2) story buildings occupy approximately 6,409 square feet or thirty-two percent (32 0/6) of the lot area which is within the maximum floor area ratio allowance of thirty-five percent (35 0/6) according to the MHD, Medium High Density Residential designation established by the Historic Elsinore Architectural Design Standards. Each building consists of four (4) units for a total of eight (8) units. Seven (7) units will include a living room, kitchen, two (2) bedrooms, and two (2) bathrooms. The eighth unit will have three (3) bedrooms. The General Plan and zoning designation is MHD, Medium High Density Residential which allows up to 18 dwelling units per acre. This project will provide affordable housing. Name of Public Agency Approving Project: City of Lake Elsinore Name of Person / Agency Administrating Project: Linda Miller, Project Planner, City of Lake Elsinore Exempt Status: ❑ Ministerial (Section 15073) ❑ Declared Emergency (Section 15071 (a)) ❑ Emergency Project (Section 15071 (b) and (c)) ❑O Categorical Exemption (state type and section number): Reasons why project is exempt: Contact Person: Signed: Rolfe Preisendanz Article 19 Categorical Exemptions Section 15332, Class 32, In -Fill Development Projects Telephone Number: (909) 674 -3124 Title: Community Development Director Agenda Item No. 20 Page 52 of 52