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HomeMy WebLinkAbout02/26/2008 CC ReportsCITY OF LAKE ELSINORE CITY COUNCIL AGENDA DARYL HICKMAN, MAYOR GENIE KELLEY, MAYOR PRO TEM THOMAS BUCKLEY, COUNCILMEMBER ROBERT E. "BOB" MAGEE, COUNCILMEP ROBERT SCHIFFNER, COUNCILMEMBER ROBERT A. BRADY, CITY MANAGER W W W.LAKE- ELSINORE.ORG (951) 674 -3124 PHONE (951) 674.2392 FAX LAKE ELSINORE CULTURAL CENTER 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, FEBRUARY 26, 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 4`h 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.orcl. 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 (1) PUBIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Gov't Code §54957): City Manager RECONVENE IN PUBLIC SESSION (7:00 P.M.) PLEDGE OF ALLEGIANCE INVOCATION — MOMENT OF SILENT PRAYER ROLL CALL PRESENTATIONS /CEREMONIALS (2) Gene Wunderlich, representative of the Realtor's Association will make a presentation to the City Council. (3) Regional Manager Louis Davis from Southern California Edison will provide a "State of the Utility" report. (4) A representative from the Lake Elsinore Chamber of Commerce will be providing an update on Chamber activities. CLOSED SESSION REPORT YUDLI%, I UIV11VIC1Y 1 J - IYVIY -Al7 GIY VILGV 11 GIVIJ - 1 IVIIIYU 1 G (Please read & complete a Speaker's Form at the podium, prior to the start of the City Council Meeting.) VUMLR, I UIV11VICIV 10 - AVCIYUIGCU 11 CIVIQ -3 IVIIIYU i GJ (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.) (5) Minutes of the Following Meeting(s) a) Joint City Council /Redevelopment Agency Study Session — February 26, 2008. b) Regular Meeting — February 26, 2008. Recommendation: Approve as submitted. (6) Warrant List Dated February 14, 2008 Recommendation: Authorize payment of Warrant List dated February 14, 2008. (7) Investment Report for January 2008 Recommendation: Receive and file. (8) Claims Against the City Recommendation: Reject the claims listed and direct the City Clerk's Office to send a letter informing the claimants of the decision. (9) TIF Reimbursement Agreement Amendment for Centex Homes Recommendations: Approve the reimbursement of $844,485 and authorize the City Manager to execute an amendment to Section 5 (Payment of the Reimbursement Amount) of the Street Improvement Reimbursement Agreement allowing for reimbursement of an amount not to exceed $844,485 in a form approved by the City Attorney. (10) Median Modification on Malaga Road Recommendation: Authorize staff to proceed with the construction process for two left turn pockets on Malaga Road adjacent to the easterly driveway of stadium lot "A" and parking lot "C" using the Street Improvement In -Lieu funds in the amount estimated to be $55,000. (11) Donation to Animal Friends of the Valley Recommendation: Authorize the City Manager to donate four available surplus vehicle flashing warning lights and donate an additional four vehicle flashing warning lights as they are classified surplus within the remainder of the calendar year. This donation will be made to the Animal Friends of the Valley. (12) Status of the General Plan Update and Environmental Impact Report Recommendation: Receive and file. (13) Proposition 1 B, Local Streets and Roads Funding Recommendation: Approve the use of Proposition 113 funds for the pavement repair and asphalt overlay of Grand Avenue between Machado Street and Riverside Drive. (14) Status Report Regarding the MSHCP Recommendations: a) Receive and file this status report; b) Approve Amendment No. 2 to the JPA; c) Direct staff to notice an ordinance amending Section 19.16.090 of the Lake Elsinore Municipal Code regarding the automatic annual fee adjustment to the MSHCP fee schedule; and d) Provide additional direction to staff as the Council deems appropriate. PUBLIC HEARINGS (15) Approval of a General Plan Amendment, Zone Change and Specific Plan for Spyglass Ranch Specific Plan (16) Recommendations: a) Waive further reading and adopt a resolution certifying Environmental Impact Report No. 2007 -01. b) Waive further reading and adopt a resolution adopting findings that the entitlements are consistent with the Multiple Species Habitat Conservation Plan (MSHCP). c) Waive further reading and adopt a resolution approving General Plan Amendment No. 2006 -04. d) Waive further reading and introduce an ordinance approving Zone Change No. 2005 -07. e) Waive further reading and introduce an ordinance approving Specific Plan No. 2008 -02. Recommendations: a) Waive further reading and adopt a resolution adopting Mitigated Negative Declaration No. 2007 -12. b) Waive further reading and adopt a resolution adopting findings that the entitlements are consistent with the Multiple Species Habitat Conservation Plan (MSHCP). c) Waive further reading and adopt a resolution approving General Plan Amendment No. 2008 -08. d) Waive further reading and adopt a resolution approving Tentative Parcel Map No. 33531. e) Waive further reading and adopt a resolution approving Industrial Design Review No. 2006 -02. (17) Zoning Ordinance Amendment 2007 -01; a Request to Amend the Lake Elsinore Municipal Code Relative to the Establishment of a Planned Unit Development (PUD) Overlay District Within Various Zoning District s Citywide as Outline din Chapter 17.37 (Planned Unit Development Overlay District) (18) Recommendation: Waive further reading and introduce an ordinance adding Chapter 17.37 to the Lake Elsinore Municipal Code regarding a Planned Unit Development Overlay District. Project Areas No. I, 11 and II I Recommendation: Waive further reading and adopt by title only an urgency ordinance eliminating and amending certain time limits with respect to the Lake Elsinore Redevelopment Plans for the Rancho Laguna Redevelopment Project Area No. I, the Rancho Laguna Redevelopment Project Area No. II and the Rancho Laguna Redevelopment Project Area No III. BUSINESS ITEMS (19) Consideration of Commercial Design Review No. 2007 -18 for the Project Known as the "Bank of America" Building Recommendations: 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 Commercial Design Review No. 2007 -25. (20) Approval of an Extension of Time for Tentative Tract Map 33486 Recommendation: Waive further reading and adopt a resolution approving an extension of time for Tentative Tract Map No. 33486. (21) Acquisition of Tax - Defaulted Properties by the City of Lake Elsinore Recommendation: Waive further reading and adopt a resolution objecting to the sale of some combination of the tax - defaulted properties identified above and applying to the County Board of Supervisors, County Tax Collector and Treasurer, and State Controller to purchase properties, and authorizing and directing the City Manager to execute the Purchase Tax Defaulted Property Agreement in the maximum total property purchase amount of $473,171.79, plus $175 for public notices ($473,171.79 grand total). (22) Assessment District and Community Facilities District Annual Report Recommendation: Receive and file. 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 COMMITTEE REPORTS CITY TREASURER COMMENTS CITY COUNCIL COMMENTS ADJOURNMENT The Lake Elsinore City Council will adjourn to a regular meeting to be held on Tuesday, March 11, 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 meetin . � P, 200 VIVIAN M. M INSON DATE CITY CLERK CITY OF LADE ,LSII`IOKE � DREAM EXTREMEn REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: FEBRUARY 26, 2008 SUBJECT: CLOSED SESSION REPORT Discussion PUBIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Gov't Code §54957): City Manager Recommendation Recess prior to adjournment of tonight's meeting in order to conduct an executive (closed) session. Approved by: Robert A. Brady City Manager Agenda Item No. 1 Page 1 of 1 CITY OF LADE L LSIlY01E DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: FEBRUARY 26, 2008 SUBJECT: PRESENTATION Discussion Gene Wunderlich, representative of the Realtor's Association, will make a presentation to the City Council. Approved by: Robert A. Brady City Manager JJJ"`��� Agenda Item No. 2 Page 1 of 1 CITY OF LADE LSII`IORE DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. 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O cn Q- fa O 40 .(n O O U N ro p J .0 N N cl " O N O C c = C U O c c ca +� ca `u E L o a, c cn c V 0) rn O_ C: ca L a-'-vc C� cE Nc O CM . 41. O 'N c r L - •L 0) " c f cn w ,� a w m L V (a a L a li Q cL q 0 r u � L H L a L VW Q � F G Q ® ) L 0 J 'r Q N C) 1J V x® Q �W O w ..c Yl W E Q O Vv cv Z U1 1 L 0 Q V Ln Ln W 2 c :3 L O A\ L E 3 d W L_ ■O,w Y/ E O cn C W V 1 O Go V4 .. L m _ ,O L _ fl. °� v a0 E 1=y w 40 E Q no C ,L Y w 0 rw Ln Ln am L Ln O c CD 1 H Q 1 L w C <z Z y �® O J J� Z � J x �W x V) Z z N r CITY OF LADE , LSII`IOIJE DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: FEBRUARY 26, 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 Agenda Item No. 4 Page 1 of 1 MINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRURY 12, 2008 CALL TO ORDER Mayor Pro Tern Kelley called the Joint Study Session to order at 4:02 p.m. ROLL CALL PRESENT: MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: MAYOR HICKMAN COUNCILMAN BUCKLEY Also present were: City Manager Brady, City Attorney Leibold, City Treasurer Weber, Administrative Services Director Pressey, Director of Community Development Preisendanz, Director of Lake and Aquatic Resources Kilroy, Director of Parks and Recreation Gonzales, Director of Public Works Seumalo, Finance Manager Riley, Planning Manager Weiner, Planner Carlson, Engineering Technician Nicole Fields, Building /Safety and Code Enforcement Manager Chipman and City Clerk Munson. DISCUSSION ITEMS Mayor Pro Tern Kelley gave an overview of the presentations and confirmed that the awardees would be present at the 7:00 p.m. meeting. PUBLIC COMMENTS There were no comments from the public. CONSENT CALENDAR (3) Minutes of the Following Meeting(s) No comments Agenda Item No. 5 Page 1 of 19 (4) Warrant List Dated January 31, 2008 No comments. (5) Claims Against the City of Lake Elsinore No comments. (6) Resolution Amending Conflict of Interest Code No comments. (7) Resolution Correcting Resolution No. 2007 -210 and Ratifying the Interest Rate of No comments. (8) Fiscal Year 2007 -08 Mid -Year Budget Adjustments (9) (10) No comments. Protect Known as "Shoppes at Central Crossroads" No comments. `Birtcher Industrial' No comments. (11) General Plan Housing Element Update, Selection of Consultant Councilman Magee indicated he was initially concerned with the fact the City went with the highest bidder. He indicated when he was pleased to see that Hogle- Ireland, Inc. was the consultant. (12) TIF Reimbursement Agreement Amendment for Centex Homes No comments. K Agenda Item No. 5 Page 2 of 19 (13) Termination of the Declaration of Local Emergency in Lake Elsinore Councilman Magee inquired if LEMSAR costs were going to be refunded. Public Works Manager Payne responded LEMSAR would have to request a refund for their recovery costs form FEMA. (14) Request For Exception to Bid Process Streetscape Maintenance No comments. (15) Contract Change Order For Paving Franklin Street Between Main and Spring Streets No comments. (16) Professional Services Agreement with ELAN Associates for Obtaining Environmental Permits for Proposition 40 — Wetlands Enhancement Project Grant Mayor Pro Tern Kelley indicated that she was pleased to see Mr. Shintaku will be working with the City and indicated this was big plus. (17) Professional Services Agreement with VA Consulting Inc. for Engineering Services to Develop Excavation and Grading Plan for Back -Basin Borrow Site Councilman Magee inquired the location of WatersEdge. (18) Award Parks Landscape Maintenance Agreement (19) No comments. Councilman Magee inquired if Councilman Buckley had any concerns or comments regarding this agreement. The Director of Parks and Recreation Gonzales indicated that he and Councilman Buckley met with representatives from the County and indicated at that time, Councilman had no further issues or comments. PUBLIC HEARINGS (20) Resolution Declaring Weeds, Rubbish Refuse and Dirt a Public Nuisance No comments. 3 Agenda Item No. 5 Page 3 of 19 (21) Extension of Time for Tentative Tract Map No. 34249 No comments. APPEALS (22) Consideration of an Appeal of the Planning Commission Decision to Approve Conditional Use Permit No. 2007 -23 to Allow for the Conversion of a Self Service Car Wash to a Full Service Car Wash Operation; and Commercial Design Review No. 2007 -13, a Request to Add a Vacuum Tower and Ancillary Equipment Related to an Existing Car Wash Facility City Treasurer Weber inquired about the fine foods and wine that were to be sold at the Circle K /Shell Station business. Community Development Director Preisendanz responded these two issues were part of his Conditions of Approval and staff will be addressing them with the owner. BUSINESS ITEMS (23) Washington, D.C. Advocacy and 2009 Legislative Agenda Councilman Magee inquired if there was money set aside for EVMWD. Mayor Pro Tern Kelley indicated that it was good the City was working with other entities. (24) Second Reading of Ordinance No. 1244, Authorizing the Levy of a Special Tax for Community Facilities District No. 2007 -6 No comments. (25) Second Reading of Ordinance No. 1245, Regulating Hotel and Motel Registration No comments. REDEVELOPMENT AGENCY (2) Approval of Redevelopment Agency Minutes No comments. (3) Warrant List Dated December 31. 2007 and January 15, 2008 No comments. 0 Agenda Item No. 5 Page 4 of 19 PUBLIC HEARINGS There were no public hearings. APPEALS (4) Consideration of an Appeal of the Planning Commission Decision to Approve Commercial Design Review No. 2007 -13, a Request to Add a Vacuum tower and Ancillary Equipment Related to an Existing Car Wash Facility No comments. BUSINESS ITEMS (5) Agreement and Escrow Instructions for Purchase and Sale of Real Property Known as APN 374 - 271 -003, 004, 007, and 015 No comments. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES There were no comments from the floor. ADJOURNMENT Mayor Pro Tern Kelley adjourned the Joint City Council /Redevelopment Agency Study Session at 4:33 p.m. ATTEST: VIVIAN M. MUNSON, CITY CLERK CITY OF LAKE ELSINORE 5 DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE THOMAS BUCKLEY, CHAIRMAN REDEVELOPMENT AGENCY Agenda Item No. 5 Page 5 of 19 MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 12, 2008 CALL TO ORDER — 5:00 P.M. The Regular City Council Meeting was called to order by Mayor Pro Tern Kelley at 7:02 p.m. CLOSED SESSION City Attorney Leibold indicated the following item was to be discussed during Closed Session: (1) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Govt. Code § 54956.8) Property: APN 373 - 210 -021 Agency Negotiator: City Manager Brady Negotiating Parties: City of Lake Elsinore and Tonto Corp. 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 Ruth Atkins led the audience in the Pledge of Allegiance. INVOCATION — MOMENT OF SILENT PRAYER Mayor Pro Tern Kelley led the meeting in a moment of silent prayer ROLL CALL PRESENT: MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: MAYOR HICKMAN COUNCILMAN BUCKLEY (Arrived at 7:06 p.m.) Agenda Item No. 5 Page 6 of 19 Also present were City Manager Brady, City Attorney Leibold, 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, Director of Community Development Preisendanz, Planning Manager Weiner, Finance Manager Riley, Fire Captain Hendershot and City Clerk Munson. PRESENTATION /CEREMONIALS Mayor Pro Tern Kelley presented a proclamation to Fire Captain Todd Shymanski for his years of service to the City of Lake Elsinore. Mr. Ron Hewison presented an update on HOPE. CLOSED SESSION REPORT City Attorney Leibold stated City Council met in Closed Session to discuss real property negotiations, pursuant to Government Code Section 54956.8, to include the price and terms of payment. The City Attorney indicated that there was no reportable action. PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE Ruth Atkins, resident, read an excerpt from an historical document which described the purchase of ornamental light standards in 1938 for Lakeshore Drive at the cost of $8.50 each. She also announced the Lake Elsinore Historical Society newest book about Lake Elsinore; a postcard history series will become available February 25tH Ken Niemi, resident and President of the Lake Elsinore Hang Gliding Association, requested the City Council, City Attorney and City Manager look closely at Tract No. 22626 in regards to possible corruption of preventing the use of this parcel for hang gliding purposes. Mr. Hoffman, Attorney representing all hang gliding groups, indicated they have asked City Council to look at 1987 Tract Map No. 22626 that expired in 1992. Hector Zubieta, resident, suggested the City Council come up with incentives for investors to invest in Lake Elsinore, for example, reducing fees. COUNCIL APPROVES CONSENT CALENDAR ITEMS NOS. 3 THROUGH 19 The following items were listed on the Consent Calendar for Council approval: (3) Minutes of the Following Meeting(s) a) Joint City Council /PSAC Meeting - January 8, 2008. b) Joint City Council /Redevelopment Agency Study Session - January 22, 2008. Agenda Item No. 5 Page 7 of 19 c) Regular Meeting - January 22, 2008. Recommendation: Approve as submitted. (4) Warrant List Dated January 31, 2008 Recommendation: Authorize payment of Warrant List dated January 31, 2008. (5) Claims Against the City of Lake Elsinore Recommendation: Reject the claims listed and direct the City Clerk's Office to send a letter informing the claimants of the decision. (6) Resolution Amending Conflict of Interest Code Recommendation: Waive further reading and adopt Resolution No. 2008 -22, amending Resolution No. 2000 -45, updating the Conflict of Interest Code for the City of Lake Elsinore. (7) Resolution Correcting Resolution No. 2007 -210 and Ratifying the Interest Rate of Recommendation: Waive further reading and adopt Resolution No. 2008 -23, acting as the legislative body of the City of Lake Elsinore Community Facilities District No. 88 -3 (West Lake Elsinore), correcting Resolution No. 2007 -210 and ratifying the interest rate of the City of Lake Elsinore Community Facilities District No. 88 -3 (West Lake Elsinore) Subordinate Special Tax Bonds, 2008 Series. (8) Fiscal Year 2007 -08 Mid -Year Budget Adjustments Recommendation: Approve the mid -year revenue and expenditure adjustments as presented in the report. (9) Authorization for City Manager to Amend Existing Contract with HDR Inc to Elevate CEQA Compliance Documents to Environmental Impact Report for the Project Known as " Shoppes at Central Crossroads" (10) Recommendation: Authorize the City Manager to amend the existing contract with HDR, Inc. to prepare the CEQA compliance documents for the Shoppes at Central Crossroads project, for an amended amount not to exceed $90,850. "Birtcher Industrial" 3 Agenda Item No. 5 Page 8 of 19 Recommendation: Authorize the City Manager to enter into a contract with TPC not to exceed $62,850 at this time. Should it be determined that an EIR is the appropriate CEQA compliance document, Staff will request an amendment from Council at that time for an additional $51,500 with total contract amount not to exceed $124,350. (11) General Plan Housing Element Update. Selection of Consultant Recommendation: Authorize the City Manager to enter into a contract with Hogle- Ireland, Inc. to prepare the City of Lake Elsinore Housing Element Update, in an amount not to exceed $85,135. (12) TIF Reimbursement Agreement Amendment for Centex Homes Recommendations: City Council approve the reimbursement of $972,107 and authorize the City Manager to execute an amendment to Section 5 (Payment of the Reimbursement Amount) of the Street Improvement Reimbursement Agreement allowing for reimbursement of an amount not to exceed $972,107 in a form approved by the City Attorney. (13) Termination of the Declaration of Local Emergencv in Lake Elsinore Recommendation: The Mayor and City Council terminate the Declaration of Local Emergency as of February 12, 2008, relating to Southern California Wind and Fire incident adopted by City Council on November 13, 2007. (14) Request For Exception to Bid Process Streetscape Maintenance Recommendations: a) Authorize the City Manager to bypass the bidding process for City streetscape services. b) Authorize the City Manager to execute a one year service contract with Excel Landscape Company for maintenance of the City's streetscape. (15) Contract Change Order For Paving Franklin Street Between Main and Spring Streets Recommendation: Authorize staff to proceed with this project under Change Order No. 1 in the amount of $78,445 from Measure "A" funds within the Pavement Management Program budget. (16) Professional Services Agreement with ELAN Associates for Obtaining Fnvirnnmantal PP.rmit52 fnr Prnnneifinn An — %A /o+InnAo E)—;--+ 4 Agenda Item No. 5 Page 9 of 19 Recommendation: Approve the Professional Services Agreement with ELAN Associates and authorize the City Manager to execute the agreement. (17) Professional Services Agreement with VA Consulting, Inc. for Engineering Services to Develop Excavation and Grading Plan for Back -Basin Borrow Site Recommendations: Approve the Professional Services Agreement with VA Consulting, Inc., and authorize the City Manager to execute the agreement. (18) Award Parks Landscape Maintenance Agreement Recommendation: Authorize the City Manager to sign a three year agreement with CTAI Pacific Greenscape to provide park landscape maintenance services to the City of Lake Elsinore. (19) Southwest Communities Financing Authority Second Amended and Restated Joint Powers Agreement Recommendation: Approve the Second Amended and Restated Joint Powers Agreement. It was moved by Councilman Schiffner, and seconded by Councilman Magee to approve the Consent Calendar Items No. 3 through 19. The following vote resulted: AYES: MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: MAYOR HICKMAN ABSTAIN: NONE PUBLIC HEARINGS (20) 5 Agenda Item No. 5 Page 10 of 19 Mayor Pro Tern Kelley opened the public hearing at 7:24 p.m. Public Works Director /City Engineer Seumalo presented the staff report. He indicated if approved, the abatement notices will be mailed out within ten working days to property owners whose property fit the nuisance description, informing them of their abatement responsibilities. In April, there will be an opportunity for property owners to dispute the requirement to abate nuisance. Mayor Pro Tern Kelley requested testimony from the public. She inquired if there was anyone wishing to speak in favor or against the item. There being none, Mayor Pro Tern Kelley closed the public hearing at 7:27 p.m. It was moved by Councilman Buckley, and seconded by Councilman Magee to waive further reading and adopt Resolution No. 2008 -24, establishing weed abatement assessment liens and declaring that certain weeds, rubbish, refuse and dirt as defined in Section 14875 of the Health and Safety Code of the State of California and Chapter 8.32 of the Lake Elsinore Municipal Code constitute a nuisance and require a notice to be given to the property owners in accordance with Division 12, Part 5, Chapter 2, of the Health and Safety Code of the State of California and Chapter 8.32 of the Lake Elsinore Municipal Code and providing for a hearing on objections, together with filing of cost reports and assessments against abutting property owners; and b) Direct staff to begin the abatement process for this year. The following vote resulted: AYES: MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: MAYOR HICKMAN ABSTAIN: NONE BUSINESS ITEMS (21) Mayor Pro Tern Kelley opened the public hearing at 7:27 p.m. 6 Agenda Item No. 5 Page 11 of 19 The Director of Community Development Preisendanz presented the staff report. He indicated all conditions are current and applicable. Mayor Pro Tern Kelley requested testimony from the public. She inquired if there was anyone wishing to speak in favor or against the item. There being none, Mayor Pro Tern Kelley closed the public hearing at 7:29 p.m. It was moved by Councilman Schiffner, and seconded by Councilman Magee to waive further reading and adopt Resolution No. 2008 -25, approving the request for an extension of time for Tentative Tract Map No. 34249 for 24 months or until January 23, 2011. The following vote resulted: APPEAL(S) (22) AYES: MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: MAYOR HICKMAN ABSTAIN: NONE Community Development Director Preisendanz presented the staff report. He indicated that an appeal was filed with the City Clerk's Office appealing the Planning Commission's decision to approve the car wash. Tom Grady, owner of Lake Car Wash, respectfully requested a continuance of the appeal to the February 26th City Council meeting to allow all Council members to consider the appeal. Steven Lindsley, Attorney for Tom Grady, indicated that his client would like to speak to the merits of the appeal. 7 Agenda Item No. 5 Page 12 of 19 Jay Block, resident, spoke in favor of the new car wash. He made some observations of the new car wash and stated the City Council should support the Rio Car Wash. Steven Elia, Attorney for Mr. Damman, requested the matter be respectfully heard and feels Mr. Grady should not be given any preferential treatment. Lon Bike, Architect for Rio Car Wash, requested City Council move forward with making a decision on the car wash. Nash Damman, Owner of Rio Car Wash, thanked the Planning Commission and staff for working so hard on the car wash. He indicated he plan was to run a business, not run Mr. Grady out of business. He requested the City Council approve his car wash. Robert Slaughter, resident, spoke in favor of the new car wash. Alex Zanelli, resident and Planning Commissioner, indicated that he had voted in opposition of the project and now realizes he was mistaken. He requested the City Council uphold the Planning Commission's decision and approve the car wash. Samir Yousif, resident, spoke in favor of the new car wash. Suleen Yakoub, resident, spoke in favor of the new car wash. Tina Dudka, resident, spoke in favor of the new car wash. Kendra Styler, resident, spoke in favor of Rio Car Wash and indicated she is not happy with Lake Car Wash for various reasons and feel the City needs another car wash. Robin Greene, resident, spoke in favor of the new car wash. Mike Maris, resident, spoke in favor of the new car wash and spoke of problems he has had with Lake Car Wash. Elias Khaunam, resident, spoke in favor and in support of Rio Car Wash. James Miranda, resident, spoke in favor of the new car wash and also spoke of problems he has had with Lake Car Wash. Elizabeth Valencia, resident, spoke in favor of Rio Car Wash and indicated she was thrilled with the service and also spoke of issues she has had with the Lake Elsinore Car Wash. 8 Agenda Item No. 5 Page 13 of 19 Marcia Merlos, resident, spoke in favor of the car wash. Mayor Pro Tern Kelley indicated the City received two a -mails in support of the new car wash from Laura Diaz and Matthew Zeit. Tom Grady, Owner of Lake Car Wash, indicated he was there to appeal the Conditional Use Permit. He stated some of the reasons he objects to this project conversion had to do with compliance and fairness. He indicated if the City allowed applicants to do whatever they want after conditional use approval, why do we need a City Planning Department. He indicated this was about compliance and fairness, not about how many signature of support can be gathered. He indicated he was concerned with the City's failure to follow CEQA Guidelines, CAL -OSHA Guidelines and indicated Planning Commission actions are in violation of the CEQA Guidelines. Steven Lindsley, Attorney for Tom Grady, indicated this particular project and the proposed increased use does amount to a significant additional negative impacts that have not been taken into account by City planning. He indicated that all they are urging is that the City follow CEQA Guidelines and create a level playing field for all businesses. He indicated that an additional EIR is necessary and not use the old EIR. Councilman Schiffner indicated he found it offensive that the appellant would insinuate that staff would rubber stamp the re- approval of this project, acted in an unfair manner and had not had a proper hearing. Community Development Director Preisendanz responded staff reviewed all impacts related to this car wash and determined that the traffic would not be impacted substantially. He indicated staff did a thorough analysis of this use and under their best judgment, determined it would not substantially effect the environment. Councilman Magee inquired if staff was confident that staff adequately addressed all of the provisions of the California Environmental Quality Act in addressing this Conditional Use Permit application with regards to adequate parking, circulation of the facility, employee facilities, paid adequate transportation fees and /or are conditioned to pay such fees. He noted these fees would be in excess of what Lake Car wash would have been required to pay back in 1988. Community Development Director Preisendanz confirmed he was confident all of these issues have been addressed. Councilman Magee stated one of Council's obligations is to encourage business, not limit business. He stated they also have an obligation to make sure the playing field is level. The Lake Car wash came into this community through the 9 Agenda Item No. 5 Page 14 of 19 front door, filed an application for a full service car wash, never exceeded their permit authority and have been good partners to this community. He stated Rio Car wash unfortunately did not follow this path. He stated the reason this is before the City Council is because Mr. Damman got caught by opening a full service car wash and was only permitted to open a self - service car wash. He stated Mr. Damman did step up after being caught and did the right thing. He noted staff has addressed all of his concerns related to the full - service car wash. Mayor Pro Tern Kelley indicated this development historically has been a problem for the community and the developer has disappointed the City from what was proposed, what Council was led to believe what was coming into that development and what ultimately ended up there. She stated the applicant has gone through the process to get a Conditional Use Permit with new conditions. She indicated one Councilman spoke at the Planning Commission meeting in opposition and indicated she has a problem with continuing this item to wait for his return. She stated she would support the Rio Car Wash but was disappointed they did not follow the Conditions of Approval originally. Councilman Magee stated he was disappointed the City finds for the reasons on both sides of the aisle and hope we won't have this division any more. He hopes this was the last divisive matter that Council has to decide on the Canyon Estates Drive side of the 1 -15. Councilman Schiffner indicated he never has had any problems at Mr. Grady's business. Councilman Buckley inquired if Mr. Damman purchased the property through Mr. Kipp in 2005 for the use of a car wash. Mr. Damman confirmed he purchased the property in 2005 from Mr. Kipp. He indicated after two days of running his car wash and not knowing he was not in compliance, he voluntarily shut the business down. He stated he opened up later in October after Planning Commission approval. Councilman Buckley stated he did not have a problem with the use; it is convenient; competition is great. He stated he cannot reward non - compliance, so he will be abstaining from the vote. It was moved by Councilman Schiffner, and seconded by Councilman Magee to uphold the Planning Commission decision to approve Conditional Use Permit. The following vote resulted: AYES: MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER 10 Agenda Item No. 5 Page 15 of 19 (23) NOES: NONE ABSENT: MAYOR HICKMAN ABSTAIN: COUNCILMAN BUCKLEY It was moved by Councilman Schiffner, and seconded by Councilman Magee to waive further reading and adopt Resolution No. 2008 -26, approving Commercial Design Review No. 2007 -13. The following vote resulted: AYES: MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: MAYOR HICKMAN ABSTAIN: NONE Information /Communications Manager Dennis presented the staff report. It was moved by Councilmember Schiffner, seconded by Councilmember Magee to approve the proposed 2009 Legislative agenda and directs staff and the Ferguson Group to prepare and submit the necessary appropriations request documentation. The following vote resulted: AYES: MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: MAYOR HICKMAN ABSTAIN: NONE 11 Agenda Item No. 5 Page 16 of 19 (24) (25) It was moved by Councilman Magee, seconded by Councilman Buckley to waive further reading and adopt Ordinance No. 1244 as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2007 -6 (HOLIDAY INN EXPRESS), AUTHORIZING THE LEVY OF A SPECIAL TAX The following Roll Call vote resulted: AYES: MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: MAYOR HICKMAN ABSTAIN: NONE It was moved by Councilman Buckley, seconded by Councilman Magee to waive further reading and adopt Ordinance No. 1245 as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REGULATING HOTEL AND MOTEL REGISTRATION The following Roll Call vote resulted: AYES: MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE 12 Agenda Item No. 5 Page 17 of 19 ABSENT: MAYOR HICKMAN ABSTAIN: NONE PUBLIC COMMENTS The owner of the Shell /Circle K business, indicated he heard that he was not in compliance with his conditional use permit which states his store would carry specialty foods products and high -end wine and he was not aware of these conditions. Mayor Pro Tern Kelley suggested the owner meet with the Director of Community Development to discuss his businesses Conditions of Approval. CITY MANAGER COMMENTS City Manager Brady commented on the following: (1) Farmer's Market, Thursday, February 14th, from 4 -7:00 p.m. on Main Street and Peck (2) Native American Presentation, February 19th, from 4 -5:00 p.m. Fit Night Community Library on Riverside Drive, Free Event (3) EDC Luncheon, February 21St, 11:30 a.m. to 1:30 p.m.at the Diamond Club, Admission is $15, $20 for non - members - speaker Rob Pacheco from Riverside County. CITY ATTORNEY COMMENTS No comments. CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Councilmember Schiffner commented on the following: No comments. Councilmember Magee commented on the following: (1) Saturday, March 8th, the Links at Summerly will open and encouraged people to enjoy the course. 13 Agenda Item No. 5 Page 18 of 19 (2) Trauma Intervention Program of Southwest Riverside County will be holding their 3`d Annual Golf Tournament on March 21St at the Links at Summerly. For information please call Gina at (951) 678 -4509. Councilmember Buckley commented on the following: (1) Wished everyone a Happy Valentines Day. Mayor Pro Tem Kelley adjourned the meeting at 8:52 p.m. ATTEST: VIVIAN M.MUNSON CITY CLERK DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE 14 Agenda Item No. 5 Page 19 of 19 CITY OF LADE I LSINOK - 'Z- DREAM EXTREME- REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: FEBRUARY 26, 2008 SUBJECT: WARRANT LIST DATED FEBRUARY 14, 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 February 14, 2008. Prepared By: Matt N. Pressey Director Of Administrative Services Approved By: Robert A. Brady City Manager Agenda Item No. 6 Page 1 of 5 FEBRUARY 14, 2®®8 CITY OF LAKE ]ELSINOR E WARRANT SUMMARY FUND# 101 FUND DESCRIPTION rceyr•'ll 105 MISC. GENERAL PROJECT FUND 110,156.16 106 AFFORDABLE HOUSING IN LIEU FUND 4,508.00 110 STATE GAS TAX FUND 272.98 167.50 116 CITY HALL /PUBLIC WORKS DIF FUND 11,326.00 117 _ COMMUNITY CENTER DIF FEE 7,630.00 118 LAKE SIDE FACILITIES DIF FUND 10.906.00 119 ANIMAL SHELTER FACILITY DIF FUND 4,872.00 130 LIGHTING /LANDSCAPE MAINTENANCE FUND 112,631.26 205 TRAFFIC IMPACT FEE FUND 102.28 221 _ _ PARK C.I.P. FUND 22,400.00 231 LIBRARY C.I.P. FUND 2,100.00 232 CITY FIRE PROTECTION FUND 751.00 352 A.D. 86 -1 DEBT SERVICE FUND 96,401.71 353 _ A.D. 89 -1 DEBT SERVICE FUND 16,751.25 357 C.F.D. 2003 -02 DEBT SERVICE FUND 345,271.88 360 A.D. 93 -1 DEBT SERVICE FUND 632,100.00 W6 C.F.D. 2005 -6 CITY CENTER TOWNE HOMES DEBT SERVICE FUND 92,95938 368 C.F.D. 2006 -2 VISCAYA DEBT SERVICE FUND 194,438.75 369 C.F.D. 2004 -3 ROSETTA CANYON DEBT SERVICE FUN_ D 1,188,113.76 371 C.F.D. 2005 -1 SERENITY /K.B. HOMES DEBT SERVICE FUND 234,360.64 — -- -- 372 C.F.D. 2005 -2 ALBERHILL RANCH DEBT SERVICE FUND 670,937.11 384 C /F /D/ 2003 -2 2006 SRS A DEBT SERVICE FUND 518,758.76 606 MOBILE AIR FORCE POLLUTION FUN 136.50 620 COST RECOVERY SYSTEM 7.300.07 . C:►• • d 2/19/2008 Warrant 021408 1 oft $ 10,584,172.01 Agenda Item No. 6 Page 2 of 5 FEBRUARY 14, 2008 CITY OF LAKE ELSINORE WARRANT ]LIST CHECK# VENDOR NAME AMOUNT 92257 VOID -HDR ENGINEERING, INC. $ (9,120.50) 93783 CITY OF LAKE ELSINORE 1,165.00 93908 PRUDENTIAL OVERALL SUPPLY (511.44) 93972 DANA PORCHE 179.46 93973 DIAMOND STADIUM GROUP, L.L.C. 200,000.00 93974 ICMA RETIREMENT TRUST 4,563.00 9:39 lb S I A I t FUND I INS RAN GE 20,304.90 93976 lBCS INSURANCE & FINANCIAL SERVICES, INC. 749.68 93977 _ CALIFORNIA BUILDING OFFICIALS 300.00 93978 CALIFORNIA BUILDING OFFICIALS 300.00 93979 CALIFORNIA BUILDING OFFICIALS 300.00 93980 CALIFORNIA BUILDING OFFICIALS_ 300.00 93982 _ _ VOID 0.00 93983- 93984_ A & A JANITORIAL SERVICE_ 3,650.00 93985 ACOM SOLUTIONS 14.20 93986 _,080.39 ALL PHASE REFRIGERATION & AIR CONDITIONING, INC. CON 110.00 93987 AMERICAN FORENSIC NURSES 93988 AMERICAN MATERIAL CO. _ _39.50 55.23 93989 ERICAANDERSEN 390.00 93990 ANIMAL FRIENDS OF THE VALLEY 7,500.00 93991 APPLE ONE EMPLOYMENT SERVICES 926.64 93992 SAM ARANA 10,950.04 93993 OF AMERICA (61 9) CITY MANAGER'S OFFICE 2,311.00 93994 _ BANK OF AMERICA (0627), THOMAS_BUCKLEY 10.95 93995 BANK OF AMERICA (3480), COMMUNITY DEVELOPMENT DEPARTMENT 160.00 39996 BANK OF AMERICA (4245), PARKS & RECREATION DEPARTMENT 778.00 93997 BANK OF AMERICA (5336), FIRE STATION #10 202.37 93998 BANK OF AMERICA (5400), FIRE STATION #94 238.10 93999 BANK OF AMERICA (6673), LAKE &AQUATIC RESOURCES DEPARTMENT 89.63 94000 - -- BEN CLARK PUBLIC SAFETY TRAINING CENTER 417.00 94001 BLOOMFIELD GROUP, INC. 1,092.95 94002 ROBERT BRADY 160.00 94003 THOMAS W. BUCKLEY 160.00 94004 _ BUNDY CANYON TURF SUPPLY 84.99 94005 _ _ BUREAU VERITAS NORTH AMERICA, INC. 4,286.67 94006 _ _ _ _ _ C.R. &_R. DISPOSAL, INC. 254,798.67 94007 —__ _ _ C. C. TITUS C.C.T.V. 1,485.00 94008 CA PARK & RECREATION SOCIETY 310.00 94009 CALED 465.00 94010 STATE OF CALIFORNIA, DEPARTMENT OF JUSTICE 490.00 94011 _ CANYON TIRE SALES, INC. 30.17_ 94012 CHEMSEARCH 132.50 CMS 94014 COOK EQUIPMENT OF ORANGE, INC. 538.70 94015 CORMAN LEIGH -TOZAI LAKESHORE, L.L.C. 55,003.00 94016 KIRTA. COURY 4,503.03 94017 CUTTING EDGE STAFFING, INC. 1,770.00 94018 D & K FABRICATION 1,850.00 94019- _ - _ D & S ELECTRIC _ _ _ 3,650.50 94020 _ RICK DE SANTIAGO 325.73 94021 DELTA SERVICES 14.20 94022 DIAMOND STADIUM GROUP, L.L.C. 59,996.56 2/19 /2008 Warrant 021408 1 OF 3 Agenda Item No. 6 Page 3 of 5 FEBRUARY 14, 2008 CITY OF LAKE ELSINORE WARRANT LIST CHECK# VENDOR NAME AMOUNT 94024 -94025 DO IT CENTER 2,066.23 94026 CAROLE K. DONAHOE, A.I.C.P. 2,115.15 94027 DOWNS COMMERCIAL FUELING, INC. 9,361.61 94028 -94032 94033 EN.M.W.D. E.B.S. CONSTRUCTION, INC. 7,658.67 40,200.27 94034 94035 E.S. BABCOCK & SONS, INC. _ _ ELITE ELEVATOR, INC. 650.00 185.00 94036 94037 -94038 ELSINORE ELECTRICAL SUPPLY, INC. ELSINORE PIONEER LUMBER CO. 515.54 789.95 94039 ELSINORE VALLEY RENTALS 56.57 94040 94041 ENFORCEMENT TECHNOLOGY, INC. ENVI ROiNMEKITXL CLEANING 690.03 4,445.00 94042 EXCEL LANDSCAPE, INC. 583.87 94043 FAIR HOUSING COUNCIL OF RIVERSIDE 250.00 94044 FEDERAL EXPRESS CORPORATION 181.10 94045 94046 FERGUSON GROUP, L.L.C. _. FRANKLIN COVEY 12.48 4109 94047 FREEMAN & SON FIRE RESTORATION, INC. 309.44 94048 94049 GSC FLOOR TO CEILING LORENA HANCOCK 1,266.00 4,570.00 94050 HDR ENGINEERING, INC. 11,945.67 97051 94052 HI -WAY SAFETY, INC. DARYL J. HICKMAN 1,047.92 160.00 94053 HIDDEN EYE SECURITY 1,305.00 94054 HISTORICAL DOWNTOWN MERCHANTS ASSOCIATION 432.00 94055 HUNTINGTON BEACH HONDA 1,638.41 94056 - _ INLAND EMPIRE LOCK & KEY - _ _ 378.83 94057 INTERNATIONAL CODE COUNCIL 104.57 94058 JIMMY FLORES, PLANNING COMMISSIONER 147.50 94059 LAKE BUICK PONTIAC GMC, INC. 9.70 94060 LAKE ELSINORE UNIFIED SCHOOL DISTRICT 652.50 94061 LAKESHORE HOMES & DEVELOPMENT, INC. 1,750.00 94062 LEAGUE OF CALIFORNIA CITIES 1,48_5.0_0 94063 - _ -_ JULIE LIVINGSTON 90.50 94064 LOWE'S HOME CENTERS, INC. 301.17 94065 MAKENNA COURT, L.L.C. 4,652.12 94066 PHIL MENDOZA 147.50 94067 94068 94069 LINDA MILLER MOBILE SATELLITE VENTURES, L.P. MORROW PLUMBING, INC. 5,887.50 72.57 176.52 94070 MUNISERVICES, L.L.C. 375.00 94071 NBS GOVERNMENT FINANCE GROUP 1,358.98 94072 94073 NED R. HEALY & COMPANY INC. NELSON PAVING, INC. 6.14 238,167.50 94074 NEWPORT BOATS 7,955.17 94075 NFPA 270.00 94076 NORTHERN SAFETY CO., INC. 236.89 94077 PACIFIC TRUCK EQUIPMENT, INC. 512.65 94078 PORT SUPPLY 201.87 94079 PREMIUM PALOMAR MT. SPRING WATER 371.40 94080 THE PRESS ENTERPRISE 368.55 94081 PRO PET DISTRIBUTORS 428.20 94082 -94085 PRUDENTIAL OVERALL SUPPLY 855.60 2/19/2008 Warrant 021408 2OF3 Agenda Item No. 6 Page 4 of 5 FEBRUARY 14, 2008 CITY OF LAKE E LSINORE WARRANT LIST CHECK# VENDOR NAME AMOUNT 94086 _ _ PVP COMMUNICATIONS, INC. 472.91 94087 _ QWESTCOMMUNICATIONS -- - _ 1,031.37 44088 -- RBF CONSULTING- TE MECULA 97.39 94089 - - -- REDEVELOPMENT AGENCY FOR THE_CITY OF LAKE ELSINORE -- - 693,656.92 94090 — RIGHTWAY SITE SERVICES, INC. 457.43 94091 -- _. IP SCOTT RPSTEIN 120.00 94092 RIVERSIDE COUNTY CLERK 64.00 94094 ROBBINS PEST MANAGEMENT, INC. 390.00 94095 SACRAMENTO CONVENTION & VISTOR'S BUREAU -- - 359.41 94096 - SACRAMENTO CONVENTION & VISTOR'S BUREAU 359.41 94097 SACRAMENTO CONVENTION & VISTOR'S BUREAU 359.41 94098 SADDLEBACK MATERIALS COMPANY, INC. 802 -20 F:i[i19MOZIF 94101 SECRETARY OF STATE 40.00 94102 SHERATON GRAND SACRAMENTO 26.00 94103 KATHLEEN R. SMITH 225.00 94104 DAVID S. SOLOMON 570.00 94105 SONICWALL, INC. 845.00 94106 SOUTHERN CALIFORNIA EDISON CO. 12,650.11 07 -94108 941OUTHERN S CALIFORNIA EDISON CO. 7,007.65 94109 SOUTHERN CALIFORNIA GAS CO. 1,226.68_ 94110 STAUFFER'S LAWN EQUIPMENT 105.53 94111 SUNSTATE EQUIPMENT CO., L.L.C. 606.26 94112 TEAM AUTOAID, INC. 292.18 94113 TIME WARNER CABLE 57.06 94114 TUSCANY HILLS LANDSCAPE & REC. CO. 104,368.45 94115 UNION BANK OF CALIFORNIA 3,971,983.01 94116 UNITED PARCEL SERVICE _ 54.56 94117 US BANK - 1R 7R1 9F 94118 -94120 VERIZON CALIFORNIA, INC. 2,603.34 -- - -- - 94121_ VERIZON_EQUIPMENT SALES &SERVICE 542.11 - - 94122 _ _ VILLAGE EQUIPMENT RENTALS, INC. 363.00 191011 94124 WEST COAST SERVICES WINDOW CLEANING 450.00 94125 WESTERN BANK OF CHINOOK 2,607.49 94126 WESTERN HIGHWAY PRODUCTS, INC. 498,72 94127 _ WILDLANDS, INC. _ 52,756.62 94128 _ WENDY WORTHEY 5,550.00 94129 AXEL ZANELLI 147.50 94130 ZONES CORPORATE SOLUTIONS 630.14 TOTAL $ 5,884,813.33 P/E DATE: 02/04/08 STEWART TITLE OF CALIFORNIA (EFT) 171,196.00 N1� 02/14/08 GRAND TOTAL $ 10,584,172.01 2/19/2008 Warrant 021408 3 OF 3 Agenda Item No. 6 Page 5 of 5 CITY OF LADE LSI11ORT ` DREAM EXTREMEn REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: FEBRUARY 26, 2008 SUBJECT: INVESTMENT REPORT — JANUARY 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 Finance Manager Ll Reviewed By: Matt N. Pressey�41 Director of Adminis)r5tive Services Approved By: Robert A. Brady City Manager 0 Agenda Item No. 7 Page 1 of 11 CITY OF LAKE ELSINORE INVESTMENT REPORT OF POOLED CASH AND INVESTMENTS AS OF JANUARY 31, 2008 ACTIVE ACCOUNTS Bank of America - General Reconciling Items Bank of America - Payroll 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 DEPOSITS OUTSTANG. BOOK BALANCE IN TRANSIT CHECKS BALANCE $10,371,397.27 3,690,358.18 (2,675,863.90) 11,385,891.55 1,781.54 - - 1,781.54 14,446.96 (2,164.19) 12,282.77 10,387,625.77 3,690,358.18 (2,678,028.09) 11,399,955.86 15,401,376.75 - - 15,401,376.75 14,609,315.91 - - 14,609,315.91 6,000,000.00 - - 6,000,000.00 36,010,692.66 (12,160.00) (37,337.00) 36,010,692.66 (12,160.00) (37,337.00) (49 497.00) (49,497.00) 35,961,195.66 - - 35,961,195.66 46,348,821.43 3,690,358.18 __L7,361,151 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. Presse February 26 2008 Director of Administr " e Servces Date Pmp and by: J. Riley, Fiance Mamger 300.00 1,000.00 $47,362,451.52 Agenda Item No. 7 Page 2 of 11 Total Pooled Cash & Investments 47,362,451.52 Agenda Item No. 7 Page 3 of 11 CITY OF LAKE ELSINORE POOLED CASH AND INVESTMENTS BY FUND AS OF JANUARY 31, 2008 FUND NO FUND NAME AMOUNT 100 General Fund 8,881,420.65 101 Supplemental Law Enforcement Fund 267,973.85 102 Local Law Enforcement Block Grant Fund 28,123.73 103 Office of Traffic Safety Fund 125,183.63 104 Traffic Offender Fund 69,698.18 105 Misc. General Project Fund (1,549,153.16) 106 Affordable Housing In Lieu Fund 971,990.34 107 Developer Agreement Revenue 1,050,659.49 110 State Gas Tax Fund 1,585,096.24 112 Transportation Fund 1,647,132.08 115 Traffic Safety Fund 420,887.00 116 City Hall - Public Works DIF Fund 905,173.27 117 Community Center OF Fund 583,261.90 118 Lake Side Facility OF Fund 352,634.96 119 Animal Shelter OF Fund 370,730.20 120 Camino Del Norte DIF 31,864.44 130 Lighting & Landscape Maintenance Fund (440,602.41) 135 #1 Lighting & Landscape Maintenance Fund 101,870.07 140 Geothermal Fund 17,346.11 150 C.D.B.G. Fund (61,762.08) 201 Street C.I.P. Fund (110,098.69) 204 Signal C.I.P. Fund 116,378.00 205 Traffic Impact Fee Fund 5,955,066.39 211 Storm Drain C.I.P. Fund 6,994,420.38 221 Park C.I.P. Fund 1,235,192.06 231 Library C.I.P. Fund 1,245,528.70 232 City Fire Protection Fund 630,430.99 254 AD 89 -1 Railroad Canyon Rd. Improvement Fund 124,149.37 257 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 Summerly (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 284,786.24 353 AD 89 -1 Debt Service Fund 340,534.14 356 AD 90 -1 Debt Service Fund 492,076.61 357 CFD 2003 -2 Canyon Hills 478,885.83 358 CFD 91 -2 Debt Service Fund 404,570.88 359 CFD 90 -3 Debt Service Fund (318,703.83) 360 AD 93 -1 Debt Service Fund 1,698,389.48 362 CFD 95 -1(96 Srs.E) Debt Service Fund 272,657.69 363 CFD 88 -3 / 1997 Series F Debt Service Fund 1,917,424.10 364 CFD 88 -3 III B 11997 Series B Debt Service Fund (544,802.16) 365 CFD 98 -1 Summerhill Improvement fund 413,899.80 366 CFD 2004 -1 Debt Service Fund 18,424.98 367 CFD 2005 -3 Summerly/ Laing 5,733.52 368 CFD 2004 -2 Vista Lago 500,486.10 369 CFD 2004 -3 Rosetta Canyon 1,127,490.62 370 CFD 2005 -x Camino Del Norte 27,966.17 371 CFD 2005 -1 Serenity 198,988.72 372 CFD 2005 -3 Alberhill Ranch 741,176.12 373 CFD 2005 -5 Wasson Canyon 122,801.94 374 CFD 2005 -4 Lakeview Villas 42,880.17 375 CFD 2005 -1 D. Clurman 49,745.50 376 CFD 2005 -7 La Strada 3,092.49 377 CFD 2006 -X Tessara 47,239.01 378 CFD 2007 -X TR #31957 63,430.28 379 CFD 2007 -X Marina Village 367.29 380 CFD 2006 -9 Tuscany W 467.87 381 CFD 2006 -10 River LK 54,602.62 382 CFD 2006 -9 Trieste 67,463.51 383 CFD 2007 -X Canyon Hills 62,189.80 384 CFD 2003 -2 SRS 2006A 70,022.22 385 CFD 2004 -3 SRS 2006A 43,247.01 386 CFD 20074 Mekenna (20,453.75) 387 CFD 20076 Red Kite 1,056,038.85 388 CFD 20075 Holiday 2,019.10 604 Endowment Trust Fund 18,583.04 605 Public Improvement Trust Fund 690,877.09 606 Mobile Source Air Pollution Fund 211,117.62 608 Trust Deposit & Pre Paid Expense 1,769,824.58 610 Kangaroo Rat Trust Fund 2,905.00 611 Developer Agreement Trust Fund 1,586,790.00 616 Fire Station Trust Fund 15.92 620 Cost Recovery System Fund 1,232,978.73 650 CFD 2003 -1 Law & Fire Service Fund 445,618.40 651 CFD 20065 Park, OpnSpc (8,945.05) 652 CFD 2007 -1 Law & Fire 627.90 Total Pooled Cash & Investments 47,362,451.52 Agenda Item No. 7 Page 3 of 11 CITY OF LAKE ELSINORE INVESTMENT ACTIVITY SUMMARY FOR THE MONTH ENDING JANUARY 31, 2008 Total outstanding investments as of December 31, 2007 PURCHASE MATURITY/ COUPON YIELD TO DATE CALL DATE RATE MATURITY Investment Purchases: Total Purchases Investment Maturities: Total Maturities Investments Called: FHLB 3133XMXT3 11/19/07 FHLB 3133XDHQ7 10/25/05 FHLB 3133XDHS3 10/27/05 Total Calls Net increase (decrease) in LAIF Net increase (decrease) in Sweep Account Total outstanding investments as of January 31, 2008 01/19/08 5.250% 01125/08 4.835% 01/27/08 5.000% $ 35,726,896.20 COST 5.250% (2,000,000.00) 4.835% (1,000,000.00) 5.000% (1,000,000.00) (4,000,000.00) 214,828.03 4,068,968.43 $ 36,010,692.66 Agenda Item No. 7 Page 4 of 11 z z� C4 W F co Z W N M W � H °zo F W N a ¢ O O N N N N F Q z Z N N O O_ a w 0 0 0 z z z z z g g W ° r r °o N N N N N N U z '7' N N ti O O QI w C o F.l w�/ (\I N W N N � M 1 vl FY V1 m O r P O O O O O O b F m o SO 0 0 0 0$ O V b O O O O O O O 1� 5 � F F o 0 0 o O o 0 0 z O N °o N T n R Y w � w Z P] W P] GI R1 R1 5 N T N N R N K N E. > F � �'�, a° S a° a° 3 a° a b U z eq '_ �' �' z E A v L H w 3 ti a c _ w Y C L T ti A H v A A � b V a w E V SJ A 3 b a a E u C L N � V � y q L g` 2 E H y' U N W T v J'. m 3 C O N v _ O C W o c v H e w Y e O v a = C �y s. O ypF' v L O C C A T N O V T O � A C CO v tib a C Agenda Item No. 7 Page 5 of 11 Agenda Item No. 7 Page 6 of 11 O s O r r r 0 p W N o e F v a P4 0 a 5 b w W m h r ti °o a Q o v o S o S o a o e _ m 0 0 0 8 0 0 0 O b O Q O\ 0 0 0 0 0 0 O O W° a e o °° °° °° °O `� o lc o F F W W b° B° S° S S Wa EW„ b VO 00 N N O [] F ^FL 'C m V vl vt vt N vl O Z °o N Y W W W O N N NZ�l N N W C z %. F Ci .J. W G 00 0 0 0 0+ ^ Y W O L. O 0 W N p N g N N a a Q Q EF z z Q n A Q i ° v z d It E E M m k E" r7 5� a rn cki M %C F o� m wwamawa.L4a oa a a F > � Z c o U U u v C a C n v N U U v u U r c c c C7 C7 o f9 19 v v m m o o A 0 M W U U .'7 5 F Agenda Item No. 7 Page 6 of 11 Agenda Item No. 7 Page 7yf zzx;%\ ` \ \\ \ \ \ \ \\ [ ( ®® z z z z z ; A z z z z 00 m2! ` 7(R m § -- [ Agenda Item No. 7 Page 7yf \ \\ \ \ \ \ \\ 2ae§;!! Agenda Item No. 7 Page 7yf °o °o 0 0 b di e e 0 e b rn 0 0 b .E". Fa ss°sss ss ss 0 0 n r vi r r r H� n � W O F O F' S° 6R 6� 6Z B° S° S 0 0 0 0 0 0 0 0 a s o m v m oo v e o U W rn o, a clp m �o lo ¢ it W W FI d W Q b N O N ti h r4-; ul F r rn aid ao ti F NC y r D\ O O o b O O O O O O Ud N ^ ti m o 0 0 �0 0 0 0 0 0 OU °o o 0 0 0 o o C z C °o °o v �0 0 Co 0 8 0 0 0 0 0 z N N 0 0 N N ti °o °o 0 0 b di e e 0 e b rn 0 0 b pro, °0 0 0 ~ O O a 0 F a a v Agenda Item No. 7 Page 8 of 11 .E". Fa ss°sss ss ss O F O F' S° 6R 6� 6Z B° S° S 0 0 0 0 0 0 0 0 zwN r� W FI d W Q b N O N N O aid ti F NC y F Q z z^ N O Ud N ^ N O O Vl O � z z N N 0 0 N N ti F a¢ z z z z z O O i O C �D C N + C ✓L O C G G w Q N N N N N a z z Q W V L W a a a a m a a r o e F Q J a k DC M z h m M m m ^ M M Y O R 'J N F C C p G W T N N R N A N G z u x x x x x y W 4 v •'C is o ry n m %v is A .a O o v v v O O a� v v o pro, °0 0 0 ~ O O a 0 F a a v Agenda Item No. 7 Page 8 of 11 O F w a' a W � H O E F A � a� W E D+ S hl U � 0 o° o 0 O Paz W xF a F a W U � U A N e 0 N N O N 0 N O O F O F w a' a W � H O E F A � a� W E D+ S hl Pk O W a D+ F s s 6° 0 0 0 N N O N N N s s s 0 0 0 V1 N O N N N s 6� s° 0 a N N O N N N 0 0 0 N N N N r 000 N N N O O Q J F X x x M M ra w ro a a a x x x w w w u u a � a a U LV N V h N 5 � � _ d m 3 E E O ai ai T > > S S � A N C � � m O O Agenda Item No. 7 Page 9 of 11 U O O Paz W xF U O a U 7 U z Pk O W a D+ F s s 6° 0 0 0 N N O N N N s s s 0 0 0 V1 N O N N N s 6� s° 0 a N N O N N N 0 0 0 N N N N r 000 N N N O O Q J F X x x M M ra w ro a a a x x x w w w u u a � a a U LV N V h N 5 � � _ d m 3 E E O ai ai T > > S S � A N C � � m O O Agenda Item No. 7 Page 9 of 11 CITY OF LAKE ELSINORE SUMMARY OF POLICY LIMITATIONS AS OF JANUARY 31, 2008 TOTAL 100.00% • of Portfolio Maturing within one year 91.67% no less than 25% • of Portfolio Maturing or Callable within one year 100.00% Agenda Item No. 7 Page 10 of 11 CURRENT PERCENTAGE BASED ON MARKET VALUE MAXIMUM DESCRIPTION AS OF JANUARY 31, 2008 PERCENTAGE U.S. Treasury Bills 0.00% UNLIMITED U.S. Treasury Notes 0.00% UNLIMITED Federal Agency Issues: FICB 0.00% UNLIMITED FFCB 0.00% UNLIMITED FLB 0.00% UNLIMITED FHLB 16.79% UNLIMITED FNMA 0.00% UNLIMITED FHLMC 0.00% UNLIMITED Banker's Acceptances 0.00% 40.00% Certificates of Deposit 0.00% 25.00% Negotiable Certificates of Deposits 0.00% 30.00% Commercial Paper 0.00% 15.00% Medium Term Corporate Notes 0.00% 30.00% Repurchase Agreements 0.00% UNLIMITED Reverse Repurchase Agreements 0.00% 20.00% LAW (Local Agency Investment Fund) 42.70% UNLIMITED Current Balance $ 15,401,376.75 Bank of New York - Trust Sweep Account 40.51% UNLIMITED Current Balance $ 14,609,315.91 TOTAL 100.00% • of Portfolio Maturing within one year 91.67% no less than 25% • of Portfolio Maturing or Callable within one year 100.00% Agenda Item No. 7 Page 10 of 11 CITY OF LAKE ELSINORE PERCENT OF PORTFOLIO INVESTED IN FEDERAL AGENCIES JULY 2005 THROUGH JANUARY 2008 (INCEPTION TO DATE) Agenda Item No. 7 Page 11 of 11 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% Apri12006 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% April2007 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% AVERAGE 0.00% 24.37% 2.35% 0.86% 27.59% Agenda Item No. 7 Page 11 of 11 CITY OF ih� LADE ",LSIlYO DREAM EXTREMEn REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: FEBRUARY 26, 2008 SUBJECT: CLAIMS AGAINST THE CITY Background Claims filed against the City of Lake Elsinore are reviewed and handled by Carl Warren & Company, Claims Administrators. When received, each claim is logged in the City Clerk's Office and forwarded to this company for investigation. After initial review and investigation, direction is issued to the City to take one of several actions such as rejection, notification of late claim or reservation of action until further information is obtained. Discussion The following claims have been recommended for rejection by Carl Warren & Company: CL# 2007 -19 —Armando Lara 2008 -20 — Jose Navarro 2008- 6 — Andrew Smith Fiscal Impact None. Recommendation Reject the claims listed above and direct the City Clerk's Office to send a letter informing the claimants of the decision. Agenda Item No. 8 Page 1 of 16 Claim Against the City February 26, 2008 Page 2 Prepared by: Jessica Guzma k „ Office Specialist i Reviewed by: Vivian Muns� City Clerk Approved by: Robert A. Brady City Manager Agenda Item No. 8 Page 2 of 16 January 30, 2008 TO: The City of Lake Elisinore ATTENTION: Jessica Guzman, Office of the City Clerk M FEB 0 '' 2008 CITY CLERKS OFFICE RE: Claim Armando Lara v Lake Elsinore Claimant Armando Lara D/Event 12/05/07 Rec'd Y /Office 12/26/07 Our File 1467713 DBQ We have reviewed the above captioned claim and request that you take the action indicated below: • CLAIMREJECTION• Send a standard rejection letter to the claimant. Please provide us with a copy of the notice sent, as requested above. If you have any questions please contact the undersigned. Very truly yours, CARL N & COMPANY Deboral4' een CARL WARREN & CO. CLAIMS MANAGEMENT.CLAIMS ADJUSTERS 770 Placentia Avenue, Placentia, CA 92870 -6832 Mail: P.O. Box 25180 • Santa Ana, Ca 92799 -5180 Phone: (714) 572 -5200 • (800) 572 -6900 • Fax: (714) 961 -8131 Agenda Item No. 8 Page 3 of 16 CITY OF LAIIE LSINORE �? DREAM EXTREME December 20, 2007 Dwight Kunz Carl Warren & Company P.O. Box 25180 Santa Ana CA 92799 -5180 Dear Mr. Kunz: Enclosed for your handling is a claim received on December 19, 2007 from Armando Lara (CL #2007 -19). Please keep me advised of appropriate City Council Action. For further assistance, please contact me at (951) 674 -3124 ext. 269. Si JESSICA GUZMAN�, OFFICffSPECIALIST CITY OF LAKE ELSINORE Enclosure cc: City Manager 951.674.3124 130 S. MAIN STREET LAKE ELSINORE, CA 92530 WWW LAKE- ELSINORE.ORG Agenda Item No. 8 Page 4 of 16 CITY OF LADE Received by: LSINORX DREAM EXTREME, CLAIM AGAINST THE CITY OF LAKE ELSINORE (For Damages to Persons or Personal Property) City Representative A claim must be filed with the City Clerk of the City of Lake Elsinore within six (6) months after the incident or event occurred. Be sure your claim is against the City of Lake Elsinore, not another public entity. Where space is insufficient, please use additional paper and identify information by paragraph number. Completed claims must be mailed or delivered to the City Clerk, City of Lake Elsinore, 130 South Main Street, Lake Elsinore, Time /Date Received: DEC 1 D 2007 The undersigned respectfully submits the following claim and information relative to damage to persons and /or personal property: 1. Name of Claimant -ARTOCAnC h L_( tP a. Address of Claimant: b. Phone No.im c. Date of girth d. Social Security No. e. Drivers Lic. No 2. Name, post office address and telephone to which claimant desires notices to be sent, if other than the above: 3. Occurrence or event from which this claim arises: a. Date: b. Time: j eta 9M c. Place (Exact and specific location) YYllfSiO 1 A-f(a \\ and LOH d. How many and under what circumstances did damage or injury occur? Specify the particular occurrences, event, act or omission you claim caused the injury or damage (use additional paper if necessary). e. What particular action by the City of its employees, caused the alleged damage or injury? Agenda Item No. 8 Page 5 of 16 LOY)A -tn ue61 . Qlr�c� AY'\ �� path was a �x hcie Wn�Ch wac; 4. Were there any injuries at the time of this accident? If not, state "No Injuries." 5. Give the name(s) of the public employee(s) causing the injury, damage, or loss, if known. 6. Name and address of any person injured: Name and address of the owner of any damaged property: 8. Damages claimed: a. Amount claimed as of this date: $ 410.M— b. Estimated amount of future costs: $ c. Total amount claimed: $ 1.1.30- W d. Basis for computation of amounts claimed (include copies of all bills, invoices, estimates, etc.): 9. Names and addresses of all witnesses, hospital, doctors, etc: a. b. C. 10. Any additional information that might be helpful in considering this claim Warning: It is a criminal offense to file a false claim! (Penal Code 72 /Insurance Code 556.1) 1 have read the matters and statements made in the above claim and I know the same to be true of my own knowledge, except as to those matters state upon information or belief as to such matters, I believe the same to be true. I certify under penalty of perjury that the foregoing is true and correct. - z n� C ant's Signature Date Agenda Item No. 8 Page 7 of 16 January 30, 2008 TO: The City of Lake Elisinore ATTENTION: Jessica Guzman, Office of the City Clerk RE: Claim Claimant D/Event Rec'd Y /Office Our File RECEIVED FEB 0 7 2008 CITY CLERKS OFFICE Jose Navarro v Lake Elsinore Jose Navarro 12/09/07 12/20/07 1467863 DBQ We have reviewed the above captioned claim and request that you take the action indicated below: • CLAIM REJECTION.- Send a standard rejection letter to the claimant. Please provide us with a copy of the notice sent, as requested above. If you have any questions please contact the undersigned. Very truly yours, CARL WARREN & COMPANY DetSorhh Been CARL WARREN & CO. CLAIMS MANAGEMENT•CLAIMS ADJUSTERS 770 Placentia Avenue, Placentia, CA 92870 -6832 Mail: P.O. Box 25180 . Santa Ana, Ca 92799 -5180 Phone: (714) 572 -5200 • (800) 572 -6900 • Fax: (714) 961 -8131 Agenda Item No. 8 Page 8 of 16 CITY OF LAKE D, LSI1` 1110 RE DREAM EXTREME December 21, 2007 Dwight Kunz Carl Warren & Company P.O. Box 25180 Santa Ana CA 92799 -5180 Dear Mr. Kunz: Enclosed for your handling is a claim received on December 201 2007 from Jose Navarro (CL #2007 -20). Please keep me advised of appropriate City Council Action. For further assistance, please contact me at (951) 674 -3124 ext. 269. Sin ,1E -$SICK GUZMAN, O`F-F� SPkCIALIST CITY OF LAKE ELSINORE Enclosure cc: City Manager 951.674.3124 130 S. MAIN STREET LAKE ELSINORE, CA 92530 W W W.LAKE- ELSMORE.ORG Agenda Item No. 8 Page 9 of 16 CITY OF LAKE� C LSINORE DREAM EXTREME. CLAIM AGAINST THE CITY OF LAKE ELSINORE (For Damages to Persons or Personal Property) Received by: a — .TimelT Receiv d: City Representative D ((vV� 1J5 U \\ \J/� A claim must be filed with the City Clerk of the City of Lake Elsinore within D six (6) months after the incident or event occurred. Be sure your claim is DEC against the City of Lake Elsinore, not another public entity. Where space is C O 2007 0f 1 insufficient, please use additional paper and identify information by paragraph number. Completed claims must be mailed et delivered to the CITY CLERKS OFFICE City Clerk, City of Lake Elsinore, 130 South Main Street, Lake Elsinore, CA 92530. The undersigned respectfully submits the following claim and information relative to damage to persons and /or personal property: 4 1. Name of Claimant csS t�.a�tcfirrr� a. Address of Claimant: �# b. Phone No. c. Date of Birth d. Social Security No. e. Drivers Lic. No. —r 2. Name, post office address and telephone to which claimant desires notices to be sent, if other than the above: 3. Occurrence or event from which this claim arises: a. Date: I a' 01 - 0-7 b. Time: 5 ; 0 O c. Place (Exact and specific location) M;sSjnv, Tro;\ J tala�a 2,a 1-1, d. How many and under what circumstances did damage or injury occur? Specify the particular occurrences, event, act or omission you claim caused the injury or damage (use additional paper if necessary). l� , cu rLv_ brow IR1br�t�c �� T l o e. What particular action by the City of its employees, caused the alleged damage or injury? 1II1e* VV\rn i4k01\Mt n A!-- fl'c'q ykS Agenda Item No. 8 Page 10 of 16 4. Were there any injuries at the time of this accident? If not, state "No Injuries." 5. Give the name(s) of the public employee(s) causing the injury, damage, or loss, if known. 6. Name and address of any person injured: 7. Name and address of the owner of any damaged property: 8. Damages • claimed: a. Amount claimed as of this date: $ C. $1-1 b. Estimated amount of future costs: $ 0 c. Total amount claimed: $ d. Basis for computation of amounts claimed (include copies of all bills, invoices, estimates, etc.): 9. Names and addresses of all witnesses, hospital, doctors, etc: a. L7 C. 10. Any additional information that might be helpful in considering this claim: T VOcv -e Qt+aCY\Qa QkO r`!S�IVV\CAFIf. cn& Insyno1u-e �3y\g otc�b,vps n, t�-Q 1 Warning: It is a criminal offense to file a false claim! (Penal Code 72 /Insurance Code 556.1) 1 have read the matters and statements made in the above claim and I know the same to be true of my own knowledge, except as to those matters state upon information or belief as to such matters, I believe the same to be true. 1 certify under penalty of perjury that the foregoing is true and correct. aimant's Signature Date Agenda Item No. 8 Page 11 of 16 ci AFB �c��L February 13, 2008 - C`�9�1 rC9"ke �® so TO: The City of Lake Elsinore ATTENTION: Jessica Guzman, Office Specialist RE: Claim Smith for Andrew Smith vs. The City of Lake Elsinore Claimant Allyson Smith for Andrew Smith D/Event 1/24/2008 Rec'd Y /Office 2/6/2008 Our File S- 1470749 -DBQ We have received and reviewed the above claim and request that you take the action indicated below: CLAIM REJECTION: Send a standard rejection letter to the claimant. Please provide us with a copy of the notice sent, as requested above. If you have any questions please contact the undersigned. Very truly yours, CARL WARREN & COMPANY cc: CJPIA w /enc. Attn.: Executive Director CARL WARREN & CO. CLAIMS MANAGEMENT CLAIMS ADJUSTERS 770 Placentia Avenue, Placentia, CA 92870 -6832 Mail: P.O. Box 25180 - Santa Ana, Ca 92799 -5180 Phone: (714) 572 -5200 • (800) 572 -6900 • Fax: (714) 961 -8131 Agenda Item No. 8 Page 12 of 16 CITY OF LADE LSIRORE ��. DREAM EXTREME February 6, 2008 Dwight Kunz Carl Warren & Company P.O. Box 25180 Santa Ana CA 92799 -5180 Dear Mr. Kunz: Enclosed for your handling is a claim received on February 6, 2008 from Allyson Smith on behalf of Andrew Smith (CL #2008 -6). Please keep me advised of appropriate City Council Action. For further assistance, please contact me at (951) 674 -3124 ext. 269. Sincerely, JE-aSICA GUZMAN; OFFICE- SPECIALIST CITY OF LAKE ELSINORE Enclosure 951.674.3124 130 S. MAIN STREET LAKE ELSINORE, CA 92530 W W W. LAKE -ELS i NORE.ORG Agenda Item No. 8 Page 13 of 16 CLAIM AGAINST THE CITY OF LAKE ELSINORE or Personal Property) Recei4 d by: � T' p�:ejv�d: i pots: tative J b A claim must be filed I the City Clerk of the City of Lake El inore within six (6) months after the incident or event occurred. Be sure your claim is FEB 0 6 2008 against the City of Lake Elsinore, not another . public entity. Where space is insufficient, please use additional paper and identify information by paragraph number. Completed claims must be mailed or delivered to the CITY CLERKS OFFICE City :Clerk, -City of Lake Elsinore, 130 South Main Street, Lake Elsinore, The undersigned respectfully submits the following claim and information relative to damage to persons and /or personal property: �t 'Ko f ) 1. Name of Claimant kltwslOXJ UJ' //%/7 A � S.-Wit) a. Address of Ciai b. Phone No. "-) c. Date of Birth d. Social Security No. e. Drivers Lic. No. 2. Name; post office address and telephone to which claimant desires notices to be sent, if other than the above: c %�Q 3. Occurrence or event from which this claim arises: a. Date: I db. Time: ds civ c. Place (Exact and specific location) � � tt-vA Ilk Aoyt`r ef, � LA- EtIkt! d. How many and under what circumstances did damage or injury occur? Specify the particular occurrences, event, act or omission you claim caused the injury or damage (use additional paper if necessary). 4o rn tRa v k� (.s.� Q c�cu r AA I s c)-A Cc Qi� QQc�t cQA'it9Rd r I IS n�P��spe_pa sul' aLi LSSUv f CxJG�S 4 10 m { tcd �e Jt q k�i �s t e, e- Ar t=t +k- a ss -��- & ' G e. What partic r acCioh by 94 a City of its e*loyees, used the alleged damage or injury? ` m4Ad K zv-) ® I . k M bus CC)ACia ef �e e� n (°-c' ncQ.i on U _ `�-Ls . -TtLC S i �Q.P.�.Lc e & i LA � e- C,�c�cQ t w AgendtiQ0.s. � e��C` U nom, �cQ �i,e r tg �-� 2. ✓t t v+ t � l t - s e �to c� �o -S a e % e o -� �R cP �a'c r� C� 7�ne.S `tom/ t2 �t e��cr ej of sovv -e , as 4-P ow-A r -�cP Q��_o2cQe �e� 4 u-i-" Agenda Item No. 8 Page 15 of 16 4. Were there any injuries at the time of this accident? If not, state "No Injuries.." 5. Give the name(s) of the public employee(s) causing the Injury, damage, or loss, if known. 6. Name and address of any person injured: 7. Name and address of the owner of any damaged property: Lc V-SOA) 8. Damages claimed: a. Amount claimed as of this date: $ b. Estimated amount of future costs: $ c. Total amount claimed: $ d. Basis for computation of amounts claimed (include copies of all bills, invoices, estimates, etc.): 9. Names and addresses of all witnesses, hospital, doctors, etc: a. i�1e r_ Ria 0 Ti r,sS _ Le (co_ F.Cs I14rc*a So Co- 22:p -c- 67r( 7� U b. C. 10. Any additional information that might be helpful in considering this claim: Warning: It is a criminal offense to file a false claim! (Penal Code 72/insurance Code 556.1) 1 have read the matters and statements made in the above claim and I know the same to be true of my own knowledge, except as to those matters state upon information or belief as to such matters, I believe the same to be true. I certify under penalty of perjury that the foregoing is true and correct. L� if Claimants Signature Date Agenda Item No. 8 Page 16 of 16 CITY OF LADE P LSMOIZE - -�i DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: FEBRUARY 26, 2008 SUBJECT: TIF REIMBURSEMENT AGREEMENT AMENDMENT FOR CENTEX HOMES Background On May 22, 2006, the Lake Elsinore City Council entered into a reimbursement agreement with Centex Homes related to the construction of certain roadways as part of the City Transportation Infrastructure Fee (TIF). Rosetta Canyon residential tract numbers 25476 and 25477 were conditioned to require construction of these roadways identified within the TIF program. Discussion Due to the dynamic nature of development and the conceptual nature of the TIF roadway system, Staff has re- evaluated the number of improvements provided by Centex Homes and compared the improvements to the corresponding TIF system of roads. Staff has determined that certain additional street improvements constructed by Centex conform to the intent of the TIF Program. Results of the re- evaluation show that the project constructed roadways eligible for an increased amount of reimbursement. The original reimbursement amount was $671,426.35 and the recommended adjustment totals $844,485. Fiscal Impact The increased reimbursement amount is accounted for in the TIF Study by the cost estimate for each programmed street. The reimbursement amount of $844,485 will be paid out of the TIF account. Agenda Item No. 9 Page 1 of 2 TIF Reimbursement, Centex Homes February 26, 2008 Page 2 Recommendations City Council approve the reimbursement of $844,485 and authorize the City Manager to execute an amendment to Section 5 (Payment of the Reimbursement Amount) of the Street Improvement Reimbursement Agreement allowing for reimbursement of an amount not to exceed $844,485 in a form approved by the City Attorney. Prepared by: Ken Seumalo 06 Director of Public Works Approved by: Robert A. Brady] City Manager �`°' Agenda Item No. 9 Page 2 of 2 CITY OF LADE (9,LSIRORE DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: FEBRUARY 26, 2008 SUBJECT: MEDIAN MODIFICATION ON MALAGA ROAD Background Malaga Road between Diamond Drive and the Diamond Stadium frontage road was completed as a condition of approval on the John Lang Homes residential project. Included in the road improvement was the construction of a landscaped median located between Diamond Drive to the east and the stadium frontage road to the west. Because of the location of the access to lot "A" at Diamond Stadium and the adjacent overflow parking lot "C" driveway, an opening in the median is required. Discussion The median that exists on Malaga Road was constructed with the street improvements required of the Summerly development project. At the time of conditioning, this future piece of the Summerly project did identify development on the lot "C parcel so the need for a median opening was anticipated to be identified with future project on this site. A request by the Storm Baseball Team was submitted requesting a median opening to allow left turn traffic circulation into the temporary parking lot "C ". Concurrently, access will be provided into the stadium lot "A" as well. Staff is requesting the approval using Street Improvement In -Lieu Funds to construct two left turn pockets enhancing access into easterly driveway into stadium parking lot "A" and parking lot "C. If approved, the project schedule is as follows: Council Consideration of Bid Award March 11, 2008 Begin Construction March 17, 2008 Project Completion March 31, 2008 First Storm Game April 03, 2008 Agenda Item No. 10 Page 1 of 3 Malaga Road Median Modification February 26, 2008 Page 2 Fiscal Impact The cost of constructing the median opening and two left turn pockets is estimated to be $55,000. Staff is proposing to use the Street Improvement In -Lieu funds to complete this work. Recommendation Authorize staff to proceed with the construction process for two left turn pockets on Malaga Road adjacent to the easterly driveway of stadium lot "A" and parking lot "C" using the Street Improvement In -Lieu funds in the amount estimated to be $55,000. Prepared by: Ken Seumalo tOO Director of Public Works Approved by: Robert A. Brady v City Manager Attachment: Vicinity Map Agenda Item No. 10 Page 2 of 3 MEDIAN MODIFICATION ON MALAGA ROAD CITY COUNCIL CITY OF ioh� N Base map prepared by: CITY OF LAKE ELSINORE City of Lake Elsinore '+ EZineenny O.,l SZ LAI�E��S LSI� FEBRUARY 26, 2008 Agenda ert4"e:10 `n DREAM EXTREME Count fTi s' GIS aii��f k Ie GIS replan. NASD 88 CITY OF _ LAKE LSII`IOR E -� DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: FEBRUARY 26, 2008 SUBJECT: DONATION TO ANIMAL FRIENDS OF THE VALLEY Background The Animal Friends of the Valley has approached City Staff seeking a donation of surplus flashing beacon lights for their vehicles. The flashing beacon lights are used on service trucks as a safety device to warn oncoming traffic to proceed with caution. As a policy of the City's vehicle replacement program, service trucks older than 10 -years and having more than 100,000 miles are costly to maintain and are classified as candidates for replacement. As replacement trucks are purchased, the older vehicles are considered surplus and taken out of service. Under the City's Purchasing Policy, Chapter 3.12 Section 030, donations of surplus equipment to nonprofit organizations located or operating within the City whose operations benefit Lake Elsinore residents is allowed. Discussion As Animal Friends of the Valley, a non - profit organization, prepares to outfit their vehicles, they have requested a donation of surplus vehicle flashing warning lights from the City. Staff has identified four service trucks which are currently being added to the surplus inventory with an additional four vehicles available by the end of the calendar year. The four flashing warning lights recommended for donation will be removed from surplus vehicles and prepared for donation pending Council approval of this request. The surplus lights are approximately 20 years old with a current value of $25 each. Staff has also identified four additional lights that will become surplus in the coming calendar year. As a part of this request, staff is including a total of eight surplus flashing beacons to be considered for donation. Fiscal Impact This item will cost the City an estimated value of $200 in surplus flashing beacons through donation to the Animal Friends of the Valley. Agenda Item No. 11 Page 1 of 2 Donation to Animal Friends of the Valleys February 26, 2008 Page 2 Recommendation Authorize the City Manager to donate four available surplus vehicle flashing warning lights and donate an additional four vehicle flashing warning lights as they are classified surplus within the remainder of the calendar year. This donation will be made to the Animal Friends of the Valley. Prepared by: Ken Seumalo 0 Public Works Director Approved by: Robert A. Brady City Manager Agenda Item No. 11 Page 2 of 2 CITY OF ins LAKE, , LSINOP DREAM EXTREME- REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: FEBRUARY 26, 2008 SUBJECT: STATUS OF THE GENERAL PLAN UPDATE AND ENVIRONMENTAL IMPACT REPORT Discussion: The Draft Environmental Impact Report was transmitted to the State Clearinghouse (State Clearinghouse Number: 200512121019) for Public Review as required by Section 15087 of the California Environmental Quality Act (CEQA). The Public Review period began on December 10, 2007, and ended on January 23, 2008. Some of the agencies /entities that responded with comments during the review period include the following: • Castle & Cooke /Alberhill Ranch • Miles Chin Law Group • California Department of Fish & Game • Native American Heritage Commission • Regional Water Quality Control Board Staff continues to anticipate that the first public hearing for the General Plan Update would occur towards the end of March 2008. Recommendation: Receive and file. Prepared by: Rolfe M. Preisendanz-N vea Director of Community Development Approved by: Robert A. Brady {� City Manager X Agenda Item No. 12 Page 1 of 1 CITY OF LAKE ('7LSIRO. DREAM EICTREMEn REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: FEBRUARY 26, 2008 SUBJECT: PROPOSITION 16, LOCAL STREETS AND ROADS FUNDING Background Proposition 1B is a State funding source dedicated to the maintenance and upgrade of local transportation infrastructure. This state wide program proposes to allocate approximately $2 Billion to local agencies with the amounts based on population. The first installment of this program has been opened for processing and City of Lake Elsinore share of this first installment is $776,000. One of the administrative components of the funding is City Council approval for proposed project(s). After evaluating several potential projects to be funded with this allocation, staff is proposing the funding be used to pave Grand Avenue between Machado Street and Riverside Drive. Discussion Staff received notice of the availability of Proposition 1B funds in mid - January and began analyzing potential projects. The funding is identified for street maintenance, traffic volume enhancement and other infrastructure improvements. It is anticipated that future allocations of this funding source may be combined with other funding sources to maximize improvement potential. Staff is recommending the construction of pavement repair and overlay on Grand Avenue between Machado Street and Riverside Drive as the roadway is in need of repair. Future project proposals, as mentioned in the 2007/2008 budget update, will include drainage improvements along Corydon and Lakeshore Drive. Fiscal Impact The cost of pavement repair and overlay is estimated at $750,000. Staff is reserving a portion of the Pavement Management Program funds to supplement any unforeseen costs. Agenda Item No. 13 Page 1 of 3 Proposition 1 B Project Approval February 26, 2008 Page 2 Recommendation Approve the use of Proposition 1 B funds for the pavement repair and asphalt overlay of Grand Avenue between Machado Street and Riverside Drive. Prepared by: Ken Seumalo ['r- 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 REPAIR /REHAB Agenda Item No. 13 Page 3 of 3 CITY OF LADE , LSI1Y0KE DREAM EXTREMEn REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: FEBRUARY 26, 2008 SUBJECT: STATUS REPORT REGARDING THE MSHCP Introduction On January 24, 2008, the City Council requested a Status Report on the implementation of the MSHCP. Since our last status report, staff has made significant progress regarding implementation of the MSHCP. Regular meetings are held both internally and between staff and representatives of the Regional Conservation Authority ( "RCA ") to discuss both project specific and city -wide conservation goals, funding mechanisms, and acquisition procedures. MSHCP processing has become more effective and efficient over the past year and a half. This Report provides a brief summary of certain aspects of the MSHCP and a breakdown of what has been achieved since adoption of the Program in 2004. Joint Powers Authority RCA is a joint powers authority created by a Joint Powers Agreement ( "JPA ") by and among all MSHCP Permittees. The original JPA was approved by the Lake Elsinore City Council on January 13, 2004. Amendment No. 1 to the JPA was approved by the Lake Elsinore City Council on January 10, 2006. When the JPA was initially approved, the Board of Directors of the RCA consisted of the Board of Supervisors and the WRCOG Executive Committee member from each City. Amendment No. 1 removed the WRCOG Executive Committee members from the Board of Directors of the RCA, replacing them with one representative from each City who is a signatory to the JPA. RCA has recently proposed Amendment No. 2 to the JPA for consideration by all Permittees. Amendment No. 2 would add to the RCA's financing authority the ability to finance public improvements consistent with the MSHCP under the Marks -Roos Local Bond Pooling Act of 1985. Amendment No. 2 also amends the appointment procedures Agenda Item No. 14 Page 1 of 11 MSHCP Status Report February 26, 2008 Page 2 of 5 for the Board of Supervisors' alternates and would change the governing authority for the joint powers authority from State laws governing counties to State laws governing cities. Amendment No. 2, as proposed by the RCA, is attached hereto for your consideration. MSHCP Incidental Take Permit The MSHCP Incidental Take Permit is a regional permit that was issued by the U.S. Fish and Wildlife Service on June 22, 2004, to all Permittees based upon the conservation /reserve assembly of 153,000 acres over the entire Plan Area. The amount which each Permittee is required to contribute toward the overall goal of 153,000 acres is not concretely set. Each Permittee is required to contribute to the attainment of the overall 153,000 acres based upon the undeveloped acreage, suitable habitat, and overall number of acres available for development within each Permittee's corporate limits. To assist Permittees in gauging their overall contribution, ranges of acreage conservation obligations were assigned to each Permittee. The range assigned to Lake Elsinore is 4,830- 7,870. Several issues have been raised concerning the impact on Program implementation once acreage within the range has been set aside for conservation. These issues will be discussed in a separate report to City Council. Annual Report Data As part of its duties under the MSHCP, the RCA compiles an annual report summarizing the number of acres conserved within each plan area and cumulatively across all Permittees. In addition, the annual reports identify the habitat lost both within each plan area and cumulatively across all Permittees. The 2007 annual report is still being compiled by RCA, but a rough estimate of the total acreage conserved in Lake Elsinore in 2007 is less than 10 acres. The most recent data available comes from the 2006 annual report, which identifies acres conserved and habitat lost through December 31, 2006. According to the 2006 Annual Report, the total conservation acreage within the City of Lake Elsinore was 2,623 acres and the total conservation acreage throughout the entire MSHCP Plan area was 33,256. The amount of habitat lost within the City of Lake Elsinore was 2,102 acres with 1,801 losses occurring within criteria cells and 1,022 losses occurring outside of criteria cells. The total habitat loss within the MSHCP plan area was 48,265 with 9,569 loses occurring within criteria cells and 23,915 losses occurring outside of criteria cells. Therefore, at the end of the 2006 calendar year, the total number of acres that remained to be conserved across the entire MSHCP plan area was 119,744 acres. Agenda Item No. 14 Page 2 of 11 MSHCP Status Report February 26, 2008 Page 3 of 5 MSHCP Processing There are two different tracks for processing projects pursuant to the MSHCP. First, projects that are within an MSHCP criteria cell undergo evaluation at the city level pursuant to the Lake Elsinore Acquisition Process ( "LEAP ") and at the Regional Conservation Authority ( "RCA ") level pursuant to the Joint Project Review ( "JPR "). Second, projects that are outside of an MSHCP criteria cell are subjected to review at the city level according to the Section 6.0 other "Plan Wide Requirements." Regardless of whether a proposed project is within an MSHCP criteria cell or not, a full consistency determination is required. According to the MSHCP Implementing Agreement, in the event that the City and the RCA disagree about the project's consistency with the MSHCP, the parties engage in a meet and confer process. The goal of the meet and confer process is for the City and RCA to reach a mutually beneficial agreement as to the development envelope for a particular project. If the parties are unable to resolve a disagreement at the meet and confer stage, the project is sent to the RCA ad hoc committee. Staff has effectively processed several projects in accordance with the procedures set forth above. Castle & Cooke Settlement Agreement As you are aware, Castle & Cooke and the County of Riverside entered into a Settlement Agreement regarding the applicability of the MSHCP to Castle & Cooke properties that were listed in the Settlement Agreement. At the City level, we have always recognized the Castle & Cooke Settlement Agreement. A question has arisen, however, whether the City would have to "make up" the acreage that was lost as part of the Settlement Agreement. The City's position has always been that it should not have to make up acreage lost as part of the Settlement Agreement and RCA concurs. Final authority over the issue of replacement acreage for exempted properties lies with the Wildlife Agencies and is the subject of an upcoming meeting among interested parties discussed below. Sauls /Helix Properties The Sauls Helix report contains certain properties that were entitled at the time that the MSHCP was adopted. The City has treated those projects listed in the Salus Helix report as exempt from the MSHCP. RCA acknowledges the Sauls Helix report and agrees that most of the projects in the Sauls Helix report are exempt from the MSHCP. Projects in the Salus Helix report have been processed accordingly. Agenda Item No. 14 Page 3 of 11 MSHCP Status Report February 26, 2008 Page 4 of 5 Replacement Proaram Given the number of acres available for conservation that were lost as a result of the Settlement Agreement properties, the Sauls Helix report properties, and properties subject to development agreement or other vested rights, RCA recognizes its obligation to make up that acreage throughout the entire MSHCP Plan area. As of the date of the writing of this status report, RCA has not declared whether they will identify this "make up" acreage by Criteria Refinement or a Minor Amendment. Furthermore, RCA has not declared whether they intend to make up this acreage within or outside of the City's limits. However, a meeting between RCA, the Wildlife Agencies and City staff is scheduled for Thursday, February 21, 2008 to discuss this issue as well as development in the back basin. Staff will be prepared on February 26 to provide the Council with a verbal update of the February 21 Wildlife Agency meeting. MSHCP Development Mitigation Fee Section 19.16.090 of the Lake Elsinore Municipal Code allows for automatic annual fee adjustments to be made to the MSHCP fee schedule. The automatic adjustment is made at the beginning of each fiscal year based on the average percentage change over the previous calendar year set forth in the Construction Price Index for the Los Angeles metropolitan area. This provision was based on the sample ordinance that RCA provided to all Permittees at the time of the MSHCP adoption. The City received a letter from the RCA requesting that the City modify Section 19.16.090 to require the automatic fee adjustment be based on the Consumer Price Index instead of the Construction Price Index. RCA noted that the model ordinance attached to the MSHCP Implementation Agreement provided for annual adjustments based on the Construction Price Index. The reason that the change is requested is because the MSHCP requires that the annual adjustments be based on the Consumer Price Index. In order to ensure that all Permittees are annually adjusting their mitigation fees according to the same index, the RCA has requested that we modify our ordinance to annually adjust pursuant to the Consumer Price Index. Tying our fee to the Consumer Price Index will result in a higher fee. Fiscal Impact None. Agenda Item No. 14 Page 4 of 11 MSHCP Status Report February 26, 2008 Page 5 of 5 Recommendations 1) Receive and file this status report. 2) Approve Amendment No. 2 to the JPA. 3) Direct staff to notice an ordinance amending Section 19.16.090 of the Lake Elsinore Municipal Code regarding the automatic annual fee adjustment to the MSHCP fee schedule. 4) Provide additional direction to staff as the Council deems appropriate. Prepared By: Barbara Zeid Leibold City Attorney Approved By: Robert A. Brady City Managers Office Agenda Item No. 14 Page 5 of 11 N dw N JZ LLKZ Q OOW¢N2 OW K iL-, LLOH O Ou gm�N dg MM MM a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 j 28 This Amendment No. 2 dated 2007, is made by and between the COUNTY OF RIVERSIDE, hereinafter sometimes referred to as "County," and the Cities of BANNING, BEAUMONT, CALIMESA, CANYON LAKE, CORONA, HEMET, LAKE ELSINORE, MORENO VALLEY, MURRIETA, NORCO, PERRIS, RIVERSIDE, SAN JACINTO and TEMECULA, hereinafter sometimes referred to as "Cities. RECITALS WHEREAS, the Cities and the County hereinafter sometimes jointly referred to as "Parties," are authorized and empowered to contract with each other pursuant to Article 1, Chapter 5, Division 7, Title 1 (commencing with Section 6500) of the Government Code of the State of California; and WHEREAS, the Parties, and each of them, have executed a Joint Exercise Of Powers Agreement Creating The Western Riverside County Regional Conservation Authority ("Agreement"); and WHEREAS, section 32 of the Agreement states that there may be Amendments to the Agreement which will further define the rights and obligations of the Parties. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions hereinafter stated, the Parties hereto agree as follows: Section 1. Revision to Powers of Agreement. (a) Revision to Section 1 of Agreement. The following language is added to the end of Section 1 of the Agreement: "Additionally, this Agreement shall permit the financing of public capital improvements and those purposes permitted under the Marks -Roos Local Bond Pooling Act of 1985, being Article 4 (commencing with Section 6584) of Chapter 5, Division 7, Title 1 of the California Government Code (the "Bond Law")." RVPUBVCBYRENS \740448.2. 1 Agenda Item No. 14 Page 6 of 11 N JW N LLaf W Q OOQNZ ir LY �0J ON296 3m ;ao 0 WM % 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (b) Revision to Section 2 of Agreement. The first sentence of Section 2 of the Agreement is hereby amended as follows: "Pursuant to the Act and the Bond Law, there is hereby created a public agency to be known as the 'Western Riverside County Regional Conservation Authority' hereinafter referred to as the "RCA "." (c) Amendments to Section 3. following: A. Section 3.0 is hereby amended by inserting as the first sentence the "O. To exercise the powers granted to it under the Act, including, but not limited to, the Bond Law and the powers common to each member, as may be necessary to accomplish the purposes of this Agreement." B. Section 3.P is added to read as follows: I.P. To invest money in the treasury pursuant to Section 6505.5 of the Act that is not required for the immediate necessities of the Authority, as the Authority determines is advisable, in the same manner and upon the same conditions as local agencies, pursuant to Section 53601 of the California Government Code." Section 2. Revised Agreement Section 6 Regarding RCA Board and Membership. Section 6 of the Agreement is amended to read as follows: "This Agreement and the authority hereby created shall be administered by the governing body of the RCA which shall be known as the "Board of the Western Riverside County Regional Conservation Authority" hereinafter referred to as the "Board." The regular members of the Board shall be the five members of the Riverside County Board of Supervisors and one member from each incorporated city who is I signatory to the Agreement. Written notification of the appointment of a City representative shall be provided to the Chairperson of the Board. Each member of the Riverside County Board of Supervisors may appoint an alternate member and each City may appoint one alternate member. Each regular I RVPUB\KBYRENS \740448.2 2 Agenda Item No. 14 Page 7 of 11 N JW ry J � m LL�W Q wWa °O UY xJ Ofo 0 r0 m0a0 it m^ > 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 member and alternate City member must hold an elective office on the respective governing body appointing the regular or alternate member. The Board of Supervisors may appoint a city council member of a member city to represent the member as an alternate at meetings of the RCA Board or committees. Notice of the alternate appointment shall be made in writing to the chairperson of the RCA Board. In no event shall the same person serve as a city representative and alternate for the Board of Supervisors member of the same meeting. Regular members and alternate members shall serve on the Board during the term for which they were appointed or until their successor has been appointed or their appointment has been revoked, whichever is earlier. However, a regular or alternate members position on the Board shall automatically terminate if and when the term of the elected public office of such regular or alternate member is terminated. When a vacancy occurs, it shall be the duty of the respective Party having the vacancy to promptly inform the Board of the name of the replacement regular or alternate member. Regular members and alternate members, if participating in a meeting of the Board on behalf of a regular member, shall be entitled to compensation for participation in meetings of the Board and necessary traveling and personal expenses incurred in the performance of the members duties as authorized by the Board. Such compensation shall be fixed by resolution of the Board." Section 3. Revised Agreement Section 17 Regarding Rules and Governing Law. Section 17 of the Agreement is amended to read as follows: R VPUBVCBYRENS1740448.2 G Agenda Item No. 14 Page 8 of 11 2 3 4 5 6 7 8 9 10 N aw " 11 �Z LL NW¢ow z 12 } o: LLY XO 13 p wo �:22QLq 14 r COP > 15 E 16 17 18 19 20 21 22 23 24 25 26 27 28 'This Agreement shall be construed and enforced in accordance with the laws of the State of California. The Act, the Bond Law, and the laws of the State of California applicable to a general law city shall govern the RCA in the manner of exercising its powers, subject, however, to such restrictions as are applicable to said city in the manner of exercising such powers, as required by Government Code section 6509. The Board, at its first meeting or as soon thereafter as may be possible, shall adopt such rules and regulations as the Board may deem necessary for the conduct of the RCA's affairs. Among these rules shall be a conflict of interest code and a purchasing ordinance.. The Board may, as it deems appropriate, review and revise these rules and regulations." Section 4. Other Provisions to Remain in Effect. Except as set forth herein, all provisions of the Agreement shall remain in full force and effect, and shall govern the actions of the parties hereto and the amended provisions set forth in this Amendment. IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed and attested by their proper officers thereunto duly authorized as of the date first above written. RVPUB\KBYRENSW40448.2 0 Agenda Item No. 14 Page 9 of 11 1 2 3 4 5 6 7 8 91 10 a.. ° 11 J p�j a.Z U)W Qy'NpO ZZ 12 LP A' 13. u_ Nf[C ra or o gm a° 14. ro m > 15- 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: Attest: City Clerk Dated: Attest: City Clerk Dated: Attest: City Clerk Dated: Attest: City Clerk Dated: Attest: City Clerk Attest: City Clerk Dated: RV PUBWBYRENS \740448.2 5 CITY OF BANNING By: Mayor CITY OF BEAUMONT By. Mayor CITY OF CALIMESA By: Mayor CITY OF CANYON LAKE By: Mayor CITY OF CORONA By: Mayor CITY OF HEMET By: Mayor CITY OF LAKE ELSINORE Agenda Item No. 14 Page 10 of 11 1 2 3 4 5 6 7 8 9 10 N gW h 11 JZ g oW >�z 12 �Yoo 13 u aS 1G gm2ao 14 mm > 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Attest: City Clerk Dated: Attest: City Clerk Dated: Attest: City Clerk Attest: City Clerk Dated: Attest: City Clerk Dated: Attest: City Clerk Dated: Attest: RVPUBVSBYRENS17404482 By: Mayor CITY OF MORENO VALLEY By: Mayor CITY OF MURRIETA By: Mayor CITY OF NORCO By: Mayor CITY OF PERRIS Mayor CITY OF RIVERSIDE By: Mayor CITY OF SAN JACINTO Agenda Item No. 14 Page 11 of 11 CITY OF LADE , LSI110RJE DREAM EXTREME- REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: FEBRUARY 26, 2008 SUBJECT: PUBLIC HEARING — APPROVAL OF A GENERAL PLAN AMENDMENT, ZONE CHANGE, AND A SPECIFIC PLAN FOR SPYGLASS RANCH SPECIFIC PLAN Background At the regularly scheduled meeting of January 15, 2008, the Planning Commission adopted Resolution No. 2008 -05 recommending City Council adoption of findings of consistency with the Multi- Species Habitat Conservation Plan; Resolution No. 2008- 06 recommending City Council certification Environmental Impact Report No. 2008- 06; Resolution No. 2008 -07 recommending City Council approval of General Plan Amendment No. 2005 -06; Resolution No. 2008 -08 recommending City Council approval of Specific Plan No. 2008 -08; and Resolution No. 2008 -09 recommending City Council approval of Zone Change No. 2008 -09 for the review and adoption of Spyglass Ranch Specific Plan by the City Council. Project Location The 259.6 acre project site is located on the east side of Camino Del Norte at its intersection with Main Street (Assessors Parcel Number's: 377 - 250 -011, 377 -350- 004, 007, 008, 010, 014, 015, 016, 017, 377 - 260 -004, 005, and 006). Discussion The General Plan Amendment, Zone Change, and Specific Plan were presented to the Planning Commission on January 15, 2008, for review and consideration of the Spyglass Ranch Specific Plan. Items of discussion were the residential /commercial component for Planning Areas 5 and 6, on -site circulation, amount and availability of open space and parks, the preservation of the existing "Johnny Weissmuller" home on the Spyglass Ranch property, and the possible incorporation of an environmental friendly housing product. The Planning Commission ultimately expressed satisfaction with the design and layout of the Spyglass Ranch Specific Plan. It was the unanimous decision of the Planning Commission to approve staff's recommendation Agenda Item No. 15 Page 1 of 90 Spyglass Ranch Specific Plan February 26, 2008 Page 2 of 3 with noted modifications to Condition of Approval No(s). 8, 13(a), 13(c), 13(d), 13(f), 22, 24, 35, 39, 45, 46, 49, 60, 71, 75, 81, 92, 93, 94, 95, and 96. It should also be noted that on January 8 and January 14, 2008, staff received letters from the Riverside County Waste Management Department and the California Department of Transportation (CALTRANS) regarding the Draft Environmental Impact Report for Spyglass Ranch Specific Plan. Although, staff did not have enough time to provide a written response to these agencies be for the Planning Commission meeting; staff did make the Planning Commission aware of these letters and assured them that they would be responded to, prior to the item being reviewed by the City Council. Staff has added copies of the letter and the correlating responses to the staff report for the City Council's review (see attachments 8 and 9). Fiscal Impact Ultimately, the proposed development will have a positive fiscal impact to the community and the City. Staff estimates that the residences that will be built as a result of the Project approval will generate sales tax by shopping at and consuming good, services, and products in the nearby commercial areas of the City of Lake Elsinore. In addition to the sales tax revenue that will be generated by the Project, it is anticipated that the Project will also provide a steady stream of construction jobs through build out of the development. Finally, the Project will contribute fees toward traffic improvements, school facilities, park facilities, fire services, police services, water facilities, and sewer facilities. Recommendations 1. Waive further reading and adopt a resolution certifying Environmental Impact Report No. 2007 -01. 2. Waive further reading an adopt a resolution adopting findings that the entitlements are consistent with the Multiple Species Habitat Conservation Plan (MSHCP). 3. Waive further reading and adopt a resolution approving General Plan Amendment No. 2006 -04. 4. Waive further reading and adopt an Ordinance approving Zone Change No. 2005 -07. 5. Waive further reading and adopt an Ordinance approving Specific Plan No. 2005 -02. Agenda Item No. 15 Page 2 of 90 Spyglass Ranch Specific Plan February 26, 2008 Page 3 of 3 Prepared by: Justin Carlson Associate Planner Approved by: Robert A. Brady City Manager Attachments: 1. Vicinity Map 2. City Council Resolution certifying Environmental Impact Report No. 2007 -01 3. City Council Resolution adopting findings of consistency with the Multiple Species Habitat Conservation Plan (MSHCP) 4. City Council Resolution approving General Plan Amendment No. 2005 -06 5. Ordinance approving Zone Change No. 2005 -07 6. Ordinance approving Specific Plan No. 2005 -02 7. Conditions of Approval (Including Planning Commission Modifications) 8. Riverside County Waste Management Department Comment Letter with City Response Letter 9. California Department of Transportation Comment Letter with City Response Letter 10. Planning Commission Staff Report with Exhibits dated January 15, 2008 Agenda Item No. 15 Page 3 of 90 VICINITY MAP "SPYGLASS RANCH SPECIFIC PLAN" CITY COUNCIL Agenda Item No. 15 Page 4 of 90 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CERTIFYING ENVIRONMENTAL IMPACT REPORT NO. 2007 -01 WHEREAS, Spyglass Ranch LLC has filed an application with the City of Lake Elsinore requesting approval of General Plan Amendment No. 2005 -06, Specific Plan No. 2005 -02, and Zone Change No. 2005 -07 for the Project identified as the Spyglass Ranch Specific Plan (the "Project'); and WHEREAS, the City of Lake Elsinore (the "City ") has caused an Environmental Impact Report (State Clearinghouse No. 2006121069: the "EIR ") to be prepared on the Project pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. "CEQA "), the State Guidelines for Implementation of the California Environmental Quality Act (14 California Code of Regulations, Sections 15000, et seq.: the "CEQA Guidelines "), and the City's procedures relating to environmental evaluation of public and private projects; and WHEREAS, the City transmitted for filing a Notice of Completion of the Final EIR and thereafter, in accordance with the CEQA Guidelines, forwarded the Final EIR to the State Clearinghouse for distribution to those agencies which have jurisdiction by law with respect to the Project and to other interested persons and agencies, and sought the comments of such persons and agencies; and WHEREAS, notice to all interested persons and agencies inviting comments on the Final EIR was published in accordance with the provisions of CEQA and the State CEQA Guidelines; and WHEREAS, pursuant to CEQA Guidelines, Section 15082(c)(1), on January 11, 2007 the City held a duly noticed scoping meeting in order to expedite consultation regarding the scope and content of the environmental information in the Draft EIR; and WHEREAS, the Draft EIR prepared for the project was sent to the Planning Commission, and the Planning Commission held a public hearing to receive public input on the adequacy of the Draft EIR on January 15, 2008; and WHEREAS, all actions required to be taken by applicable law related to the preparation, circulation, and review of the Final EIR have been taken; and WHEREAS, the Final EIR prepared for the Project was sent to the City Council of the City of Lake Elsinore and the City Council held a public hearing to receive public input on the adequacy of the Final EIR on February 26, 2008. 1 Agenda Item No. 15 Page 5 of 90 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 evaluated all comments, written and oral, received from persons who have reviewed the Final EIR. Section 2. The City Council does hereby find that the EIR for the Project is adequate and has been completed in compliance with CEQA, the State CEQA Guidelines, and local procedures adopted by the City pursuant thereto; the City Council has reviewed and considered the information contained in the Final EIR and finds that the Final EIR represents the independent judgment of the City. Section 3. The City Council hereby makes, adopts, and incorporates herein as its "findings of fact' regarding the potential environmental impacts of the Project, the analysis and conclusions set forth in the Final EIR (including, without limitation, the mitigation measures therein set forth); the following summarizes those conclusions: a. The Initial Study and the Final EIR determined that impacts related to the implementation of the Project would be less than significant without mitigation for aesthetics, agricultural resources, geology /soils, hydrology /water quality, mineral resources, population /housing, public services, and recreation. b. The Final EIR identified potentially significant adverse impacts related to the implementation of the Project, but which will be mitigated to an insignificant level by conditions imposed upon the Project. Biological resources, cultural resources, hazards and hazardous materials, land use, and noise are impacts that can be mitigated to less than a significant level. Most air quality and transportation and traffic impacts would also be mitigated to a level of less than significant through implementation of the identified mitigation measures. For those impacts that are not mitigable, see subsection (e) below. The type of impact for which mitigation was designed and the associated mitigation measures are identified in Section 4.0 Environmental Analysis of the Final EIR, and are summarized in the Executive Summary of the Final EIR. C. All feasible mitigation measures, which are within the jurisdiction of the City, as identified in the Final EIR have been incorporated into the Project and represent the fullest extent to which the Project - related impacts can be reasonably avoided and /or substantially lessened. d. The Final EIR did not identify alternatives to the Project which would reduce environmental impacts while still substantially achieving Project objectives, and as such, the proposed Project was determined to be the environmentally superior alternative. e. The Project and associated discretionary approvals will result in significant unavoidable impacts related to: emissions of ROG, NOx, PM10, and PM2.5 2 Agenda Item No. 15 Page 6 of 90 during construction; emissions of ROG, NOx, and CO during operations; conflicts with the regional Air Quality Management Plan; and, queuing impacts at the 1 -15 /Main Street interchange during General Plan Build -out. Pursuant to State CEQA Guidelines Section 15093, the City Council has determined that the unavoidable adverse impacts that will result from project implementation are acceptable and outweighed by specific social, economic and other benefits of the project. Therefore, a Statement of Overriding Considerations has been prepared and is attached hereto as Exhibit A and incorporated herein. Section 4. A mitigation monitoring program for the Project has been prepared in accordance with Section 21081.6 of CEQA, and the City Council hereby adopts the mitigation monitoring program. Section 5. Based upon all of the evidence presented and the above findings, the City Council of the City of Lake Elsinore certifies Environmental Impact Report No. 2007 -01. Section 6. This resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 26th day of February 11: ATTEST: VIVIAN M. MUNSON CITY CLERK APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE 3 Agenda Item No. 15 Page 7 of 90 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 26th day of February 2008, and that the same was adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: VIVIAN M. MUNSON CITY CLERK 4 Agenda Item No. 15 Page 8 of 90 "EXHIBIT A" STATEMENT OF OVERRIDING CONSIDERATIONS The California Environmental Quality Act (CEQA) requires a public agency to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. The Final Environmental Impact Report (EIR) for the Spyglass Ranch Specific Plan has identified and discussed significant effects that may occur as a result of the Project. With the implementation of project design features, standard conditions, and /or mitigation identified for each environmental topic, most of the potentially significant impacts can be reduced to a level of less than significant, except for unavoidable significant impacts as discussed in Section III of the Findings. The City of Lake Elsinore has made a reasonable and good faith effort to eliminate or substantially mitigate the potential impacts resulting from the Specific Plan. Impacts, in these and all other cases, have been mitigated to the extent considered feasible. All significant adverse impacts are identified in the Final EIR and are addressed in the Findings, which accompany this Statement of Overriding Considerations. The Project will result in the following significant impacts that cannot be mitigated to less than significant levels: 1. Air Quality Construction Emissions: Implementation of the proposed Project would result in significant emissions of ROG, NOx, PM10, and PM2.5 during the Project's construction phase (Final EIR pp. 4.2 -8 and 4.2 -9). As a condition of project approval, the Project must adhere to SCAQMD Rules 403 (Fugitive Dust Control) and 1113 (VOCs) during construction - related activities. However, compliance with these rules would minimize but not eliminate construction - related impacts. Operational Emissions: Implementation of the proposed Project would exceed SCAQMD thresholds for ROG, NOx, and CO (Final EIR pp. 4.2 -10 and 4.2 -11). The daily operational and area source emissions cannot be reduced to less than significant levels for emissions of ROG, NOx, and CO even with implementation of the mitigation measures identified in Section III, Findings. AQMD Consistency: Implementation of the proposed Project would result in conflicts with the AQMP (Final EIR pp. 4.2 -7 — 4.2 -8). No feasible mitigation measures exist to minimize impacts to below a level of significance. Agenda Item No. 15 Page 9 of 90 2. Transportation and Traffic Main Street Interchange Queuing: Implementation of the proposed Project would result in heavy vehicle queuing on Main Street between Camino del Norte and the 1 -15 southbound ramps during the peak hours due to the proximity of the intersections and other physical topographical constraints (Final EIR pp. 4.13 -15). Even with implementation of Mitigation Measure 4.13 -5, which requires that the Project contribute on a fair share basis to the funding of the Project Study Report (PSR), the impact to the 1 -15 /Main Street interchange would remain significant and unmitigated. Summary Pursuant to State CEQA Guidelines Section 15093, the City Council must balance the benefits of the proposed Project against any unavoidable environmental impacts in determining whether to approve the Project. If the benefits of the proposed Project outweigh the unavoidable adverse environmental impacts, those impacts may be considered "acceptable." Staff has determined that the unavoidable adverse impacts that will result from proposed Project implementation are acceptable and outweighed by specific social, economic and other benefits of the Project. In making this determination, the factors and public benefits specified below were considered. Staff further finds that except for the proposed Project, all other alternatives set forth in the EIR are infeasible because they would prohibit the realization of Project objectives and /or of specific economic, social, and other benefits that staff finds outweigh any environmental benefits of the alternatives. Having reduced the adverse significant environmental effects of the proposed Project to the extent feasible by adopting the mitigation measures; having considered the entire administrative record on the Project; and having weighed the benefits of the Project against its unavoidable adverse impacts after mitigation, the staff has determined that the following social, economic, and environmental benefits of the Project outweigh the potential unavoidable adverse impacts and render those potential adverse environmental impacts acceptable based upon the following overriding considerations: Social Benefits of the Project The Project will provide housing for the City of Lake Elsinore and Inland Empire's growing population. • The Project will provide a variety of housing opportunities, ranging in size and affordability to meet the housing needs of the region. • The Project will provide neighborhood park space and open space. 6 Agenda Item No. 15 Page 10 of 90 Economic Benefits of the Project • Construction of the proposed Project will generate its fair share of property tax revenues to the City of Lake Elsinore annually. Construction of the Project will also generate utility user tax revenues to the City. • If the commercial alternative is adopted, the Project will generate sales tax revenue for the City of Lake Elsinore. • The Project will be built out over several phases, providing steady construction jobs over the construction period. • The Project will contribute fees toward traffic improvements, school facilities, park facilities, fire services, and police services. • The Project includes substantial upgrades to regional traffic circulation and public utilities (sewer, water, and reclaimed water) around the Project site. Specifically, the Project includes construction of three water tanks to serve its residents and adjacent project sites. Spyglass LLC's share of these infrastructure costs alone would exceed 15 million dollars and do not include the Project's on -site infrastructure costs. Staff has determined that the foregoing benefits provided to the public, through approval and implementation of the proposed Project, outweigh the identified significant adverse environmental impacts of the Project which cannot be mitigated. Staff finds that each of the proposed Project benefits outweighs the unavoidable adverse environmental effects identified in the EIR and, therefore, finds those impacts to be acceptable. 7 Agenda Item No. 15 Page 11 of 90 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, Spyglass Ranch LLC has filed an application with the City of Lake Elsinore requesting approval of General Plan Amendment No. 2005 -06, Specific Plan No. 2005 -02, and Zone Change No. 2005 -07 for the project identified as the Spyglass Ranch Specific Plan (the "Project "); and WHEREAS, the 259.6 -acre project site is located on the north side of Camino Del Norte at its intersection with Main Street within the City of Lake Elsinore (the `Project Site "); and WHEREAS, on January 15, 2008, the Planning Commission of the City of Lake Elsinore considered the findings that the project is consistent with the Western Riverside Multiple Species Habitat Conservation Plan (MSHCP); and WHEREAS, Section 6.0 of the Western Riverside Multiple Species Habitat Conservation Plan (the "MSHCP ") requires that the City of Lake Elsinore adopt consistency findings demonstrating that the proposed development is consistent with the MSHCP criteria and the MSHCP goals and objectives; and WHEREAS, action taken by the City Council with regard to general plan amendment, specific plan, and zone change are discretionary actions subject to the MSHCP; 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.), a draft environmental impact report was prepared for the project, circulated for public review for a period of 45 days and was accompanied by a Statement of Overriding Considerations; and WHEREAS, public notice of the Entitlements has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on February 26, 2008. 1 Agenda Item No. 15 Page 12 of 90 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's consistency with the MSHCP prior to recommending that the City Council adopt Findings of Consistency with the MSHCP. Section 2. That in accordance with the MSHCP, the City Council makes the following MSHCP Consistency Findings: 1. The Project is a project under the City's MSHCP Implementing Resolution, and the City must make an MSHCP Consistency finding before approving the Project. 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, was found to be consistent with the MSHCP criteria. In addition, the Project was reviewed and found consistent with the following "Plan Wide 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/Wifdlands 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, and according to MSHCP maps, was shown to be within a Criteria Cell. LEAP No. 2006 -03 was processed, but it was ultimately agreed upon by City staff and the Regional Conservation Authority that a mapping error had occurred and that this Project is NOT within a Criteria Cell. As such, LEAP 2006 -03 was withdrawn from the Joint Project Review process. 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 /riverine areas and vernal pool habitat types based upon their value in the conservation of a number of MSHCP covered species. All potential impacts to riparian /riverine areas will be mitigated as identified in the Determination of Biological Equivalent or Superior Preservation (DBESP). The Project Site does not have vernal pools. 2 Agenda Item No. 15 Page 13 of 90 The Project is therefore 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 as mapped in Section 6.1.3 of the MSHCP. Therefore, the provisions of Section 6.1.3 are not applicable 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. Surveys were conducted on the entire Project Site, and the results indicated that no Burrowing Owls occupied the Project Site. However, the Project will be required to conduct a pre- construction survey 30 days prior to the commencement of grading. As such, the Project is consistent with Section 6.3.2 of the MSHCP. 6. The Project is consistent with the UrbaniWildlands Interface Guidelines. The Project Site is not within an MSHCP Criteria Cell and does not abut any areas proposed for conservation. However, the Project has minimized potential indirect impacts using Best Management Practices and has precluded planting of highly invasive weedy species within project boundaries. As such, the Project is consistent with Section 6.1.4 of the MSHCP. 7. The Project is consistent with the Vegetation Mapping requirements. The Project Site is not within a MSHCP Criteria Cell and is not located within areas that require mapping of vegetation. As such, the Project is consistent with the MSHCP Section 6.3.1 Vegetation Mapping requirements. 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 Project is consistent with the Fuels Management Guidelines. 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 3 Agenda Item No. 15 Page 14 of 90 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, and the above findings, the City Council of the City of Lake Elsinore does hereby adopt findings that the Project is 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 on this 26th day of February ATTEST: VIVIAN M. MUNSON CITY CLERK APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE 0 Agenda Item No. 15 Page 15 of 90 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 26th day of February 2008, and that the same was adopted by the following vote: AYES: NOES: ABSENT: VIVIAN M. MUNSON CITY CLERK 5 Agenda Item No. 15 Page 16 of 90 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 2005 -06 WHEREAS, Spyglass Ranch LLC has filed an application with the City of Lake Elsinore requesting approval of General Plan Amendment No. 2005 -06 for the project identified as the Spyglass Ranch Specific Plan (the "Project "); and WHEREAS, the 259.6 -acre project site is located on the north side of Camino Del Norte at its intersection with Main Street within the City of Lake Elsinore (the "Project Site "); and WHEREAS, on November 27, 1990, the City of Lake Elsinore City Council approved the current version of the Lake Elsinore General Plan; and WHEREAS, Government Code Section 65300 requires each city prepare and adopt a comprehensive, long -term general plan for the physical development of the City and any land outside the City's boundaries which in the City's judgment bear relation to the City's planning; and WHEREAS, the 1990 Lake Elsinore General Plan "Land Use Map" Figure designates the Project Site as Future Specific Plan (3.0 du /ac maximum density), Freeway Business and Neighborhood Commercial; and WHEREAS, the applicant is proposing to change the General Plan land use designation to Spyglass Ranch Specific Plan and to increase the maximum density from 3.0 du /ac to 4.0 du /ac; and WHEREAS, at a duly noticed public hearing on January 15, 2008, the Lake Elsinore Planning Commission considered the proposed General Plan Amendment and made a recommendation that the City Council approve the proposed modification to the City's Land Use Map; and WHEREAS, pursuant to Section 17.80.010 of the City of Lake Elsinore Municipal Code, the City Council of the City of Lake Elsinore has been delegated with the responsibility of approving General Plan Amendments; and WHEREAS, public notice of the Project has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on February 26, 2008. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: 1 Agenda Item No. 15 Page 17 of 90 Section 1. Prior to approving the General Plan Amendment, the City Council has reviewed and analyzed the General Plan Amendment pursuant to the State Planning and Zoning Laws (Cal. Gov. Code §§ 65000 et seq.) to determine the appropriateness of changing the general plan land use designation from Future Specific Plan, Freeway Business and Neighborhood Commercial to Spyglass Ranch Specific Plan. Section 2. In accordance with the State Planning and Zoning Laws and the Lake Elsinore Municipal Code ( "LEMC "), the City Council of the City of Lake Elsinore makes the following findings for the approval of General Plan Amendment No. 2005 -06: 1. The proposed General Plan Amendment will not be: a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. The proposed General Plan Amendment will change the Project Site's General Plan land use designation to Spyglass Ranch Specific Plan and increase the maximum density to 4.0 du /ac. Currently, the Project Site has a General Plan land use designation of Future Specific Plan (maximum density of 3.0 du /ac) Freeway Business and Neighborhood Commercial. The proposed land uses are similar to existing and approved uses on all sides of the Project perimeter and roadway network. Impacts will be mitigated and therefore will not result in any significant impacts in surrounding neighborhood(s) except in the areas of construction - related air quality impacts. The significant air quality impacts are only construction related and will not have long term effects. Mitigation measures are proposed to lessen short -term construction related air quality impacts to less than significant levels. Overall, the Project will not be detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the Project. Furthermore, because the Project is a residential community, the Project will not be injurious to the property or improvements in the neighborhood surrounding the Project Site or within the City. 2. The proposed General Plan Amendment will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties. The proposed General Plan land use designation of Spyglass Ranch Specific Plan will allow for a variety of land uses on the project site including residential, open space and parks to enhance the appearance and livability of the community through encouragement of creative approaches to the use of land and the design of facilities; and, to promote and create public and private open space as an integral part of land development design. To this end, the Spyglass Ranch Specific Plan will include residential, open space and park uses consistent with the Spyglass Ranch Specific Plan General Plan designation and shall be compatible with the surrounding residential, open space and park land uses surrounding the Project Site. Moreover, the Project Site shall be adequate in 2 Agenda Item No. 15 Page 18 of 90 shape, size and design to accommodate the proposed increase in maximum density to 4.0 du /ac. 3. The proposed General Plan Amendment would establish a land use designation and usage more in character with the subject property's location, access, and constraints. Changing the land use designation for the Project Site to Spyglass Ranch Specific Plan and, allowing for a higher maximum residential density will serve to enhance the existing character and natural topography of the site. Residential clustering will result in residential products that compliment the topography while maintaining natural open space. Finally, the Project will use existing connection points of access for the future residential community. 4. In accordance with the requirements of the California Environmental Quality Act (CEQA), impacts have been reduced to a level of less than significant, or in the case where impacts remain significant; a statement of overriding considerations must be adopted to justify the merits of project implementation. Environmental Impact Report No. 2007 -01 was adequately prepared and analyzed the environmental effects of the General Plan Amendment in accordance with the CEQA. Section 3. Based upon all of the evidence presented, and the above findings, the City Council of the City of Lake Elsinore does hereby approve General Plan Amendment No. 2005 -06. Section 4. This resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 26th day of February DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE 3 Agenda Item No. 15 Page 19 of 90 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 26th day of February 2008, and that the same was adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: VIVIAN M. MUNSON CITY CLERK 4 Agenda Item No. 15 Page 20 of 90 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2005 -07 WHEREAS, Spyglass Ranch LLC has submitted an application with the City of Lake Elsinore to change the City's official zoning map (the "Zone Change ") from Single - Family Residential and General Commercial to Specific Plan for Assessors Parcel Numbers 377 - 250 -011, 377 - 350 -004, 007, 008, 010, 014, 015, 016, 017, 377- 260 -004 thru 006 (the "Property "); and WHEREAS, the proposed Zone Change conforms to and is consistent with the proposed General Plan Amendment No. 2005 -06 that covers the property; and WHEREAS, on January 15, 2008, the Planning Commission of the City of Lake Elsinore considered the proposed Zone Change and recommended that the City Council of the City of Lake Elsinore approve the Zone Change; and WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the responsibility of approving changes to the official zoning map; and WHEREAS, public notice of said application has been given, and the City Council of the City of Lake Elsinore has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on February 26, 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 proposed Zone Change prior to approving Zone Change No. 2005 -07. Section 2. That in accordance with the State Planning and Zoning Law, and the Lake Elsinore Municipal Code, the City Council of the City of Lake Elsinore makes the following findings for the approval of Zone Change No. 2005 -07: 1. The proposed zone change will not be: a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed Zone Change or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. The proposed Zone Change has been analyzed relative to its potential to have detrimental effects. It has been determined that the health, safety and welfare of surrounding residents may be improved as a result of future improvements to infrastructure such as water, sewer, paving and drainage facilities brought to the site as a requirement of any future development. The proposed "Spyglass Ranch 1 Agenda Item No. 15 Page 21 of 90 SP" zoning will ensure that development standards and design guidelines of the specific plan will be consistently applied throughout the site. 2. The proposed Zone Change will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties. The proposed zoning of Spyglass Ranch SP will allow for the continuation of the residential neighborhoods that already exist or are planned in the vicinity of the project site. 3. The proposed Zone Change would establish a land use density and usage more in character with the subject property's location, access, and constraints. The Zone Change proposes a boundary adjustment to allow for an integration of the Property with the adjacent existing or planned residential developments. Section 3. Based upon all of the evidence presented, and the above findings, the City Council of the City of Lake Elsinore does hereby approve Zone Change No. 2005 -07. Section 4. This ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this 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 2007. ATTEST: VIVIAN M. MUNSON CITY CLERK APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE 2 Agenda Item No. 15 Page 22 of 90 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 , and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the day of , by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: VIVIAN M. MUNSON CITY CLERK 3 Agenda Item No. 15 Page 23 of 90 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING SPECIFIC PLAN NO. 2005 -02 WHEREAS, Spyglass Ranch LLC has filed an application with the City of Lake Elsinore requesting approval of Specific Plan No. 2005 -02 for the project identified as the Spyglass Ranch Specific Plan (the "Project "); and WHEREAS, on January 15, 2008, the Planning Commission of the City of Lake Elsinore considered the proposed Specific Plan and recommended that the City Council of the City of Lake Elsinore approve the Specific Plan; and WHEREAS, the 259.6 acre project site is located on the east side of Camino Del Norte at its intersection with Main Street within the City of Lake Elsinore (the "Project Site "); and WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the responsibility of approving Specific Plans; and WHEREAS, public notice of the Project has been given, and the City Council of the City of Lake Elsinore has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on February 26, 2008. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Prior to approving the project, the City Council of the City of Lake Elsinore has reviewed and analyzed Specific Plan No. 2005 -02 pursuant to the Planning and Zoning Laws (Cal. Gov. Code 65000 et. seq.) and Chapter 17.99 of the Lake Elsinore Municipal Code ( "LEMC "). Section 2. That in accordance with State Planning and Zoning law and the City of Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Specific Plan No. 2005 -02: 1. The location and design of the proposed development shall be consistent with the goals and policies of the City's General Plan and with any other applicable plan or policies adopted by the City. The Spyglass Ranch Specific Plan meets the City's Specific Plan criteria for content and required implementation of the General Plan established by Section 65450 et. seq. of the California Government Code and Section 17.99 of the City of Lake Elsinore Municipal Code. Accordingly, the proposed Specific Plan is in concurrence with the objectives of the General Plan and the purpose of the planning district in which the site is located. Agenda Item No. 15 Page 24 of 90 2. The proposed location shall allow the development to be well integrated with or adequately buffered from its surroundings, whichever may be the case. The proposed project is appropriate to the site and surrounding developments in that the project will construct both single- family detached and multiple- family residential units in accordance with appropriate development and design standards contained in the Spyglass Ranch Specific Plan. The project creates interest and varying vistas as a person moves along any project street. The project also compliments the quality of existing neighborhood development and will continue to provide visually - pleasing design and architecture within the immediate area. 3. All vehicular traffic generated by the development, either in phased increments or at full build -out, is to be accommodated safely and without causing undue congestion upon adjoining streets. The proposed Spyglass Ranch Specific Plan has been reviewed as to its relation to the width and type of pavement needed to carry the type and quantify of traffic generated, in that the City has adequately evaluated the potential impacts associated with the proposed uses prior to its approval and has conditioned the project to be served by roads of adequate capacity and design standards to provide reasonable access by car, truck, transit and bicycle. 4. The Final Specific Plan shall identify a methodology(s) to allow land uses to be adequately serviced by existing or proposed public facilities and services. In appropriate circumstances, and as provided elsewhere by Lake Elsinore Municipal Code, the City may require that suitable areas be reserved for schools, parks and pedestrian ways; or public open spaces shall be dedicated or reserved by private covenant for the common use of residents, establishments or operations in the development. The Final Specific Plan properly identifies methodologies to allow land uses to be adequately serviced by existing or proposed public facilities and services. The Final Specific Plan identifies necessary streets and circulation to support the proposed land use allocations, as well as all necessary wet and dry utilities for proper and adequate infrastructure services. In addition, the Specific Plan identifies two park sites for common use of the residents, and approximately 86 acres of open space for dedication and preservation. 5. The overall design of the Specific Plan will produce an attractive, efficient and stable development. The proposed Spyglass Ranch Specific Plan has been designed in consideration of the size and shape of the property, thereby strengthening and enhancing the immediate residential area. The project, as proposed, will compliment the quality of existing development and will create a visually pleasing, non - detractive relationship between the proposed and existing project, in that the proposed use has been reviewed to ensure adequate provision of screening from the public 2 Agenda Item No. 15 Page 25 of 90 rights -or -way or adjacent properties. The Spyglass Ranch Specific Plan will not be detrimental to the health, safety, comfort or general welfare of the persons residing or working near the project area or within the City, or will it be injurious to property or improvements in the project area or within the City. In addition, staff has substantiated that all applicable City Departments and Agencies have been afforded the opportunity for a through review of the Specific Plan and have incorporated all applicable comments and /or conditions related to installation and maintenance of landscaping, street dedications, regulations of points of vehicular ingress and egress and control of potential nuisances, so as to eliminate any negative impacts to the general health, safety, comfort, or welfare of the surrounding neighborhood or the City. 6. In accordance with the requirements of the California Environmental Quality Act (CEQA), impacts have been reduced to a level of less than significant, or in the case where impacts remain significant; a statement of overriding considerations must be adopted to justify the merits of project implementation. Environmental Impact Report No. 2007 -01 was adequately prepared and analyzed the environmental effects of the Specific Plan in accordance with the CEQA. Section 3. Based upon all of the evidence presented, and the above findings, the Planning Commission hereby recommends the City Council of the City of Lake Elsinore approve Specific Plan No. 2005 -02. Section 4. This Resolution shall take effect from and after the date of its passage and adoption. Section 4. This ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this 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 2007. ATTEST: VIVIAN M. MUNSON CITY CLERK DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE 3 Agenda Item No. 15 Page 26 of 90 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 the foregoing Ordinance No. was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the day of , and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the day of , by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: VIVIAN M. MUNSON CITY CLERK 4 Agenda Item No. 15 Page 27 of 90 PLANNING DEPARTMENT 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 MSHCP Consistency Findings, General Plan Amendment No. 2005 -06, Zone Change No. 2005 -07, and Specific Plan No. 2005 -02 for the Spyglass Ranch Specific Plan project attached hereto. 2. The applicant shall deliver to the Planning Department two (2) cashier's check or money orders to the City within 48 hours of project approval for the filing of the Notice of Determination. The first check shall be in the amount of $2,606.75 and made payable to California department of Fish and Game. The second check shall be in the amount of $64.00 and made payable to the Riverside County Clerk. 3. The Applicant shall comply with all applicable mitigation measures listed in the Mitigation Monitoring Program associated with the Environmental Impact Report for the Spyglass Ranch Specific Plan. 4. The applicant shall comply with any /all requirements of the Lake Elsinore Unified School District. 5. The applicant shall comply with any /all requirements of the Riverside County Flood Control and Water Conservation District. The applicant shall comply with any /all requirements of the Department of the Army Los Angeles District Corps of Engineers. Any modification (i.e. changes to residential density, development standards, housing product location, etc.) to the Spyglass Ranch Specific Plan will require a Specific Plan Amendment approved by the City of Lake Elsinore City Council. Agenda Item No. 15 Page 28 of 90 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005 -06, ZONE CHANGE NO. 2005 -02, AND SPECIFIC PLAN NO. 2005 -02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 2 OF 15 8. P4cm. The applicant shall comply with any /all requirements of the California Department of Transportation (CALTRANS). (Condition was modified by the Planning Commission on 1- 15 -08) Zone Change No. 2005 -07 9. Future development shall comply with those standards and guidelines contained within the Spyglass Ranch Specific Plan. Specific Plan No. 2005 -02 10. All future development shall comply with those standards and guidelines contained in the Spyglass Ranch Specific Plan. 11. Those issues, standards, guidelines, etc, not addressed in the Spyglass Ranch Specific Plan will revert to the Lake Elsinore Municipal Code and /or Zoning Code in effect at the time future development within the Spyglass Ranch Specific Plan are proposed. 12. The applicant shall provide all project - related on -site and off -site improvements as described in the Spyglass Ranch Specific Plan document. 13. The Draft Spyglass Ranch Specific Plan document shall be revised to incorporate the following modifications and corrections and all changes required by the Planning Commission and /or City Council: a The 14 feet wide me dinno shGWR n page 3 37 alenn beth Camino. flol Nerte and F16'nere Hills Drove (Read) 6-hall be Fevised to be fWly Iandonape d and i gated raised mediaRS 661bjGnf W the review Rd DepaFtFR Any raised medians along Camino Del Norte and Elsinore Hills Drive (Road) shall be fully landscaped and irrigated subject to the review and approval of the City's Landscape Architect consultant and the Engineering Division. (Condition was modified by the Planning Commission on 1- 15 -08) b. Figure IV -39 shall be revised to more clearly denote the specific location of all masonry walls both within and on the perimeter of the specific plan boundary. Agenda Item No. 15 Page 29 of 90 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005 -06, ZONE CHANGE NO. 2005 -02, AND SPECIFIC PLAN NO. 2005 -02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 3 OF 15 shall hen nstn inter' as walls USiRg PreGiSion hlnnL vines And nenessan/ it gatien Stale fared pilasters with n not n rote Gaps rrnnioinn blerk walls shall he utilized alarm a streets visible from the publin within the deyelepment The text discussion on Page 4 -68 for project walls, pilaster theme walls and interior privacy walls shall be revised to match the design details shown on Figure IV -35. Pilasters with decorative caps shall be provided at property line /wall terminus and every seventy -five feet (75') on center. In addition, no plain precision block walls shall be utilized along any streets visible from the public within the development. (Condition was modified by the Planning Commission on 1- 15 -08) d. The text .lion scion nn page A 71 and Figure IV 35 shall he revised to The text discussion on page 4 -71 and Figure IV -35 shall be revised to denote the use of pilasters with a decorative cap to be located every one - hundred -fifty feet (150') on center and at property line /wall terminus along interior block privacy walls which abut private roads within the development. (Condition was modified by the Planning Commission on 1- 15 -08) e. The text shall be revised to include a detailed discussion regarding maintenance responsibilities for streetscapes, roads, maintained slopes, and parks throughout the development. In addition, a maintenance plan shall be added as a figure showing specific maintenance responsibility areas within the development. Agenda Item No. 15 Page 30 of 90 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005 -061 ZONE CHANGE NO. 2005-02, AND SPECIFIC PLAN NO. 2005 -02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 4 OF 15 f. Table V 1 shall be revised ter , a minim of o (1 ) guest parkin spaG8 r+hree (3) n• +c. In arid' +•pn quest a k' hall n,rnete:- of ren,mYnity ne.el^pmeRt nr de Table V -2 shall be revised to require a minimum of one (1) guest parking space per three (3) units. In addition, some guest parking shall be provided for the proposed courtyard home products. The specific number of parking spaces shall be reviewed and approved by the Director of Community Development or designee. (Condition was modified by the Planninq Commission on 1- 15 -08) 14. A Final Spyglass Ranch Specific Plan document shall be submitted for review and approval by the Community Development Director or designee prior to the submittal of any design review, tentative parcel or tract map application. No permit shall be issued until the Spyglass Ranch Specific Plan document and any required revisions are administratively approved by the Community Development Director or designee. 15. Future development shall comply with those standards and guidelines contained in the Spyglass Ranch Specific Plan document. 16. Those issues, standards, guidelines, etc. not addressed in the Spyglass Ranch Specific Plan will revert to the City Municipal Code and /or Zoning Code in effect at the time future projects are proposed. 17. The applicant shall participate and annex into the City of Lake Elsinore Citywide Landscaping and Street Lighting District, as appropriate. 18. A detailed noise mitigation analysis shall be performed, at the final map stage (for individual planning areas) for all future sensitive noise uses potentially exposed to noise levels in excess of 50dB CNEL to verify that planned noise protection will meet City of Lake Elsinore standards. 19. The applicant shall provide all project - related on -site and off -site improvements as described in these Conditions of Approval or the Spyglass Ranch Specific Plan document. 20. Prior to approval of a design review or tentative map for individual planning areas, the developer and City staff will review plans for multi - family housing areas, commercial uses, and parks for the provision of appropriate, necessary and adequate pedestrian and bicycle facilities. Agenda Item No. 15 Page 31 of 90 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005-06, ZONE CHANGE NO. 2005 -02, AND SPECIFIC PLAN NO. 2005 -02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 5 OF 15 21. The developer or the developer's successor in- interest shall be responsible for maintaining the undeveloped portion of the site including weed abatement and litter removal. 22. All GtFG8t6Gap. ; nn4s innli i.Jinn I.,...Jc....,.,iRg and iFFigati9R shall be hol Narts and Cls;RGFB Hills DFivc.., . fn is IGG of the first b iidi.. PBFR;lt IandSGape -plans The applicant shall submit a revised Spyglass Ranch Specific Plan, which labels in the table of contents and incorporates the City Council approved Conditions of Approval for the Spyglass Ranch Specific Plan within the document. (Condition was modified by the Planning Commission on 1- 15 -08). ENGINEERING DIVISION GENERAL REQUIREMENTS 23. 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. 24. Prior to commencement of grading operations, the applicant is to provide to the City a map of all proposed haul routes to be used for movement of export material. All such routes shall be subject to the review and approval of the City Engineer. Haul route shall be submitted prior to the issuance of a grading permit. (Condition was modified by the Planning Commission on 1- 15 -08). 25. An Encroachment Permit shall be obtained prior to any work on City and /or State right -of -way. 26. Any grading that affects "waters of the United States ", wetlands or jurisdictional streambeds, shall require approval and necessary permits from respective Federal and /or State agencies. 27. All arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the property owner or his agent. All overhead utilities shall be under grounded. Agenda Item No. 15 Page 32 of 90 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005 -06, ZONE CHANGE NO. 2005 -02, AND SPECIFIC PLAN NO. 2005 -02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 6 OF 15 28. All 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. 29. The applicant shall install permanent bench marks per Riverside County Standards and at locations to be determined by City Engineer. 30. The applicant shall coordinate with Riverside County Transit Authority for location and installation of bus transit facilities. 31. The applicant shall pay all development fees, including but not all inclusive: TUMF, MSHCP, TIF, and Area Drainage Fees. 32. 10 year storm runoff shall be contained within the curb and the 100 year storm runoff shall be contained within the street right -of -way. When either of these criteria is exceeded, drainage facilities shall be provided. 33. All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. 34. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 '' /2' x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 35. All slopes and landscaping within public right -of -way shall be maintained by the property owner or property owner's association or another maintenance entity approved by the City. (Condition was modified by the Planning Commission on 1- 15 -08). 36. All open space and slopes except for public parks and schools and flood control district facilities, outside the public right -of -way shall be owned and maintained by property owner or property owner's association. 37. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR &R Incorporated 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. 38. A drainage study shall be provided. The study shall identify the following: identify storm water runoff from and upstream of the site; show existing and Agenda Item No. 15 Page 33 of 90 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005 -06, ZONE CHANGE NO. 2005 -02, AND SPECIFIC PLAN NO. 2005 -02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 7 OF 15 proposed off -site and onsite drainage facilities; and include a capacity analysis verifying the adequacy of the facilities. The drainage system shall be designed to ensure that runoff from a 10 -yr storm of 6 hours or 24 hours duration under developed condition is equal or less than the runoff under existing conditions of the same storm frequency. Both 6 hour and 24hour storm duration shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. 39. All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. All off -site drainage, if different from historic flow, shall be conveyed to a public facility, accepted by adjacent property owners by a letter of drainage acceptance, or conveyed to a drainage easement. (Condition was modified by the Planninq Commission on 1- 15 -08). 40. All roof drains shall not be allowed to outlet directly through coring in the street curb. All roofs should drain to a landscaped area. 41. The applicant shall comply with all NPDES requirements in effect; including the submittal of an Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. The requirements of WQMP may affect the overall layout of the project. Therefore, WQMP submittal should be during the initial process of the project. 42. 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 storm water quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. (Required for lot of one acre or more) 43. The applicant shall provide BMP's that will reduce storm water pollutants from parking areas and driveway aisles. (Required for lot of one acre or more) 44. The City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances rp ohibit the discharge of waste into storm drain system or local surface waters. This includes non -storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, What You Should Know" describing preventing measures are available at City Hall. Agenda Item No. 15 Page 34 of 90 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005 -061 ZONE CHANGE NO. 2005 -02, AND SPECIFIC PLAN NO. 2005 -02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 8 OF 15 PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, or waterways - without Regional Water Quality Control Board permit or waver — is strictly prohibited by local ordinances and state and federal law. 45. The applicant shall construct full street improvements and dedicate additional right -of -way on Camino Del Norte, along the project frontage, such that the ultimate right -of -way width conforms to the General Plan street right -of -way cross - sections. The cross section of roadway improvements with a —raised median, parkway, street lights, and multiuse trail shall be consistent with other proposed development on Camino Del Norte, as recommended by the City. The road improvements for Camino Del Norte shall be consistent with the approved Traffic Study dated OGtobeF 11, 29 April 29, 2007 and the General Plan Circulation Plan. (Condition was modified by the Planning Commission on 1- 15 -08). 46. The applicant shall construct full street improvements and dedicate the right - of -way on Elsinore Hills Road per General Plan street right -of -way requirements. The cross section of roadway improvements with a raised median, parkway, street lights, and multiuse trail shall be consistent with other proposed development on Camino Del Norte, as required by the General Plan. 47. The applicant shall be responsible for acquiring right -of -ways in which the applicant or the City has no legal title or interest. If the applicant is unsuccessful in acquiring such right -of -ways, the City could assist the applicant in the Eminent Domain process at the applicant's cost. 48. All streets shall be constructed per Riverside County Standards. Any deviation from Riverside County standards shall be approved by the City Engineer. 49. The applicant shall implement mitigation measures identified in the approved Traffic Study dated April 29, 2007. (Condition of Approval was modified on 1- 15 -08). 50. The applicant shall construct the traffic signals at Main /115 SB and NB on /off ramps, Camino del Norte /Main Street, Camino del Norte /Elsinore Hills Road, Camino del Norte /La Strada. 51. The applicant shall participate in "fair share" payment of off -site improvements as described in Table 10 of the approved Traffic Study dated October 11, 2006. Agenda Item No. 15 Page 35 of 90 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005 -06, ZONE CHANGE NO. 2005 -02, AND SPECIFIC PLAN NO. 2005 -02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 9 OF 15 52. The applicant shall submit street improvement plans prepared by a Registered Civil Engineer and the plans shall include curb and gutter, sidewalk, ac pavement, street lighting, median, trail, and drainage improvements. 53. The applicant shall provide signing and striping plans for the required improvements of this project. 54. A portion of the required improvements for this development may be covered under the Traffic Impact Fee (TIF) or Area Drainage Fee program. Any request for reimbursement or credits shall be approved by the City Engineer and based on allowable costs in the fee program and availability of funds. 55. This project shall provide trail and roadway connections to adjacent developments unless otherwise deemed unfeasible as concurred by the city. 56. The development of each Planning Area or Phase shall be subject for specific review and conditions of approval. Note that with a completion of a Project Study Report of the 115 /Main Street Interchange Upgrade, additional right of way could be required along Camino Del Norte. 57. The applicant shall submit a WQMP of the project for City's review and approval. PRIOR TO ISSUANCE OFA GRADING PERMIT 58. The applicant shall submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer. Developer shall mitigate any flooding and /or erosion downstream caused by development of the site and /or diversion of drainage. 59. The grading plan shall show that no structures, landscaping, or equipment are located near the project entrances that could reduce sight distance. 60. Aii- witstr GtiAR PrrejeGt aGGeE;6 a"' haWiRo wtpsl"'mxll by si brRitted Td pFE)Ved by the Gity F.^^'^° °r (Condition was deleted by the Planning Commission on 1- 15 -08). 61. The applicant shall provide soils, geology and seismic report including street design recommendations. The applicant shall provide a final soils report showing compliance with recommendations. Agenda Item No. 15 Page 36 of 90 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005 -061 ZONE CHANGE NO. 2005 -02, AND SPECIFIC PLAN NO. 2005 -02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 10 OF 15 62. An Alquist - Priolo study shall be performed on the site to identify any hidden earthquake faults and /or liquefaction zones present on -site unless previously submitted. 63. The applicant shall obtain all necessary off -site easements and /or permits for off -site grading, improvements, and /or drainage acceptance from the adjacent property owners, prior to grading permit issuance. 64. The applicant shall provide a copy of an encroachment permit or any approval documents from the Riverside County Flood Control District and /or Caltrans for encroaching, grading, or discharging into County flood control facilities or Caltrans right of way. 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. The 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. 67. The 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. The applicant shall submit the SWPPP to the City for review and approval. PRIOR TO THE ISSUANCE OF BUILDING PERMIT 68. All Public Works requirements shall be complied with as a condition of this development and as specified in the Lake Elsinore Municipal Code (LEMC), prior to building permit issuance. 69. All street improvement plans, traffic signal plans, signing and striping plans shall be completed and approved by the City Engineer per the approved Traffic Study dated April 29, 2007). (Condition was modified by the Planning Commission on 1- 15 -08). Agenda Item No. 15 Page 37 of 90 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005 -06, ZONE CHANGE NO. 2005 -02, AND SPECIFIC PLAN NO. 2005 -02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 11 OF 15 70. The applicant shall 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. The applicant shall submit this letter, prior to applying for a building permit. 72. The applicant shall pay all Capital Improvement TIF and Master Drainage Fees and Plan Check fees (LEMC 16.34). PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY 73. The applicant shall pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of onsite and /or off - site public works improvements (LEMC12.08, Res.83 -78). All fees and requirements for an encroachment permit shall be fulfilled before issuance of a Certificate of Occupancy. 74. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of off -site improvements will be scheduled and approved. 75. The traffic signals shall be installed per the approved Traffic Study dated April 29, 2007. rlel Nler+e /Clsinere Hills Read at Gamine del NertP(Main Street, at Main The developer may request the completion of some signals at a higher occupancy threshold as determined by a specific technical study and approved by the City Engineer. (Condition was modified by the Planning Commission on 1- 15 -08). 76. All signing and striping and traffic control devices for the required improvements of this development shall be installed. Agenda Item No. 15 Page 38 of 90 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005 -06, ZONE CHANGE NO. 2005 -02, AND SPECIFIC PLAN NO. 2005 -02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 12 OF 15 77. All public improvements shall be completed in accordance with the approved plans or as condition of this development to the satisfaction of the City Engineer. 78. The fair share cost of future improvements as a condition of this development shall be paid. 79. All water and sewer improvements shall be completed in accordance with the applicable Water District requirements. 80. Proof of acceptance of maintenance responsibility of slopes, open spaces, landscape areas, and drainage facilities shall be provided. 81. Raulread BeRGfit DistriGt Gnst and TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time when the Certificate of Occupancy is obtained. (Condition of approval was modified by the Planning Commission on 1- 15 -08). 82. As -built plans shall be completed and signed by the City Engineer. 83. All improvement plans shall be digitized. The 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. ADMINISTRATIVE SERVICES DEPARMENT 85. On Table VI -3 (Public Financing Summary) of the Spyglass Ranch Specific Plan; the applicant shall submit a revised Spyglass Ranch Specific Plan, which indicates that the check mark under Community Facilities District or Assessment District next to Dry Utilities is removed from the document. Dry utilities are not fundable through a CFD or AD in the City of Lake Elsinore because they are not publicly owned. The revised Spyglass Ranch Specific Plan shall be resubmitted to the Community Development Department prior to the issuance of a building permit. Annex into CFD 2003 -1 86. Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall annex into Communities Facilities District to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City of Lake Elsinore. Agenda Item No. 15 Page 39 of 90 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005 -061 ZONE CHANGE NO. 2005 -02, AND SPECIFIC PLAN NO. 2005 -02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 13 OF 15 Annex into LLMD No.1 87. Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), 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. Fire Station Impact Fee and Other Impact Fees 88. Upon completion of the Fire Station Impact Study and other impact fee studies; the Developer shall pay the impact fee. 89. Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall annex into the Mello- Roos Community Facilities District to fund the on -going operation and maintenance of the new parks, parkways, open space, and public storm drains constructed within the development and federal NPDES requirements to offset the annual negative fiscal impacts of the project. RECREATION AND PARKS DEPARTMENT 90. The City is to maintain all landscape improvements in the public right -of -way for Camino Del Norte and Elsinore Hills Drive including all primary (pages 4- 28) and neighborhood entry (pages 4 -29) monumentation signage and areas. 91. The Home Owner's Association is to maintain all internal street landscaping including all natural and manufactured slopes. 92. The Home Owner's Association or another maintenance entity approved y the City is to maintain all open space areas. (Condition was modified by the Planning Commission on 1- 15 -08). 93. The Home Owner's Association or another maintenance entity approved by the City is to maintain all exterior walls including those facing main arterials (i.e. Camino Del Norte, Elsinore Hills Drive, Etc.) (Condition was modified by the Planning Commission on 1- 15 -08). 94. The Home Owner's Association or another maintenance entity approved by the City is to maintain all flow control /drainage facilities and structures. (Condition was modified by the Planning Commission on 1- 15 -08). Agenda Item No. 15 Page 40 of 90 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005 -06, ZONE CHANGE NO. 2005 -02, AND SPECIFIC PLAN NO. 2005 -02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 14 OF 15 95. The Home Owner's Association or another maintenance entity approved by the City is to maintain all private parks (PA 3, PA 13) and common areas. (Condition was modified by the Planning Commission on 1- 15 -08). 96. ma'nta'Red by the HOA in the Nerthwest (PA 7 Rd DA 2) of the e dev n . (Condition was deleted by the Planning Commission on I- 15-08). 97. The applicant shall convey the 3.4 acre park site identified in Planning Area 7 to the City, and utilize park fees generated by the development for the construction of the park site to include the remodel /rehabilitation of the historical residence as part of the park. 98. The applicant shall utilize the City's Landscape Architect for the design and implementation plan for the community park in PA 7. 99. The applicant shall provide a trails diagram outlining proposed trail locations and utility easement locations as part of the development of the trail system. 100. The applicant shall comply with all NPDES storm water requirements. 101. The applicant shall provide the City with an inventory of all street signs, street markings, street trees, fire hydrants, etc. and total square- footage of all streets in a digital format acceptable to the City. 102. The applicant shall meet all City curb, gutter, and sidewalk requirements. 103. The applicant shall comply with all City ordinances and requirements regarding construction debris and removal and recycling, as per Section 8.32 of the Lake Elsinore Municipal Code. 104. The City shall review and approve all park development and implementation plans. 105. The City's Landscape Architect is to review all landscape and /or irrigation plans. 106. The applicant shall pay park fees based on the Quimby Act requirement. City will provide Park Capital Improvement Fund Fees for future calculation. 107. The applicant shall be required to participate in the City -wide LLMD. Agenda Item No. 15 Page 41 of 90 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005 -06, ZONE CHANGE NO. 2005 -02, AND SPECIFIC PLAN NO. 2005 -02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 15 OF 15 108. The applicant shall be required to participate /annex into the LLMD District 1 for all exterior landscaping to be maintained by the City. 109. The applicant shall be required to participate in the "Public Facility' program. 110. The applicant shall utilize CFD funds for the construction of all parks in the development. 111. The applicant shall construct the community park prior to the issuance of the 100th Certificate of Occupancy. RIVERSIDE COUNTY FIRE DEPARTMENT 112. The Applicant shall comply with all of the attached Riverside County Fire Department conditions and standards. RIVERSIDE COUNTY SHERIFFS DEPARTMENT 113. The Applicant shall comply with any /all requirements of the Riverside County Sheriff Department. Agenda Item No. 15 Page 42 of 90 Cram E, Anthony Fire Chief Riverside County Fire Department In cooperation with the California Deparhnent of Forestry and Fire Protection 4080 Lemon Street, 2nd Floor • Riverside, California 92501 • (909) 9554777 + Fax (909) 9554886 Fire Protection Planning and Eugineeing Services Section City of Lake Elsinore Planning Division August 17, 2005 Proudly serving the 130 S. Main St unincorporated Lake Elsinore, Ca. 92530 areas of Riverside County and the Attn: Matthew Harris, Senior Planner cities of. RE: Comments for Spyglass Ranch Specific Plan Banning 4. Beaumont The proposed project will have a cumulative adverse impact on the Fire Department's ability to o� provide an acceptable level of service. These impacts include an increased number of Cahmesa emergency and public service calls due to the increased presence of structures and population. 4 The proponents/developers shall participate in the Development Impact Fee Program as Canyon Lake adopted by the City of Lake Elsinore to mitigate a portion of these impacts. This will provide funding for capitol improvements such as land, equipment purchases, and fire station Desert Hot Springs construction. 4. Indian Wells All water mains and fire hydrants providing required fire flows shall be constructed in Indio accordance with the appropriate sections of Riverside County Ordinance No. 460 and/or No. 787. 1, subject to review and approval by the Riverside County Fire Department. Lake Elsinore All buildings shall be constructed with fire retardant roofing material as described in section La Quinm 1503 of the Uniform Building Code. 04 Moreno Valley Prior to approval of any plan for lands adjacent to open space areas, a fire Palm Desert protection / vegetation management (fuel modification) plan shall be submitted to Riverside v County Fire Department for review and approval. The homeowners Association or appropriate Penis managedent entity shall be responsible for maintaining the elements of the plan. %% Rancho Mirage In the interest of Public Safety, the project shall provide alternate or secondary access/accesses. ° Alternate or secondary access/accesses shall have concurrence and approval of both the San `acinto Riverside County Fire Department and the City of Lake Elsinore Transportation Dept, and Temecula shall be maintained through out any phasing. If you have er questions, please feel free to call. Board of Supervisors Bob Buster, District 1 L John Tavaglicne, ( District 2 Jorge Rodriguez, Fire Captain (909)955 -4777 Jeff Stone District 3 Roy Wilson, District 4 Marion Ashley, District 5 Agenda Item No. 15 Page 43 of 90 01/15/2008 09:17 FAX ® 002/003 ATTACHMENT `. _ Riverside County Waste Management Department l3a,rt (V. Kernkamp, Gen¢ra(Mnnager- Chi¢IBngnrc¢r =PlannerPLYAONNING January 8, 3008 Wendy Worthey, Principal Environmenta City of Lake Elsinore - Community Development Department 130 South Main Street Lake Elsinore, CA 92530 RE: Final Environmental Impact Report for Spyglass Ranch Specific Plan Dear Ms. W orthey: The Department has reviewed the City of Lake Elsinore's written response, dated January 3, 2008, to our comments issued 'in a letter dated January 29, 2007 for the Spyglass Ranch Specific Plan. Most of our comments have been addressed and changes Incorporated into the EiR document; however, there are a few comments that remain to be addressed, Please address the comments listed below, which make reference to the comments made in our letter dated June, 29, 2007: Comment No. 1 ( resnonse No. 6-1): Section 4.67 Response to Notice of Preparation, page 4.6 -10. Incorporate a reference to the South Coast Air Quality Management District (SCAQMD) Rule 1150.1 as the rule that, in conjunction with CCR Title 27, Comment J Subchapter 4, Article 6 regulations, requires additional perimeter probes when residential uses are located within 1;320 feet of the edge of a landfill disposal footprint, at Intervals of 100 feet. , ' Continent No. 2 (response No 6 -2): Section 4.14.1.3 Solid Waste, County Facilities, page 4.14.2, first paragraph, No changes have been made to this paragraph, except for Comment 2 the addition of the last sentence that contradicts the text above, within the same paragraph. Please revise this paragraph: adequately. Comment No. 3 (response No. 6.3): Section 4.14.1.3 Solid Waste, County Facilities, page 4.14- 2, .2nd paragraph, No changes have been made to this paragraph other than the inclusion of a new sentence in the middle of the paragraph that contradicts to some degree the text above, within the same paragraph. Please revise the paragraph to denote clearly through the entire paragraph that there are only three A2fiyg, landfills within the Comment 3 County. The paragraphs describing the Lamb Canyon Landfill and the Badlands Landfill provide the street address, but do not provide the cities these landfills are in. Comment No 5, second paragraph (response No. 6 -513): Section 4.14.2.4 Environmental Impacts, Solid Waste, page 4.14 -6, fourth paragraph. The last sentence leads to believe that waste generated by the proposed project will be sent to Comment 4 !9?!0 Frederick Strc¢! • Morena ✓olley. CA 92ISS- (951) 986 -3100 • Fax (951) 456 -3205 • Fax (953) 486 -3130 ,n rivrown,.nrg prinred on r¢cycled gayer Agenda Item No. 15 Page 44 of 90 ATTACHMENT 01/15/2009 09:17 FAX 9)003/003 Wendy Worthey, Principal Environmental Planner City of Lake Elsinore Spyglass Specific Plan No. 2005 -02 January 8, 2008 Page 2 of 2 El Sobrante Landfill, when in fact it will be up to the hauler that provides refuse hauling Comment 4 services to the project site to determine where to deliver the waste generated by the continued project. Please revise sentence. Thank you for the opportunity to review the Final Environmental Tmpact Report for the Spyglass Ranch Specific Plan. Please contact me at 951.486.3294, if you have any questions or comments. Sincerely, Mhlha E. I uidl, Planner N CC: Charlie Tupac, SCAQMD Melyssa Sheeran, HDR Mark Hunt, RCWMD Po 61641 Agenda Item No. 15 Page 45 of 90 ATTACHMENTS CITY OF 11 LADE ,LSIROKE -,L DREAM EXTREME, SUBJECT: FINAL ENVIRONMENTAL IMPACT REPORT FOR SPYGLASS RANCH SPECIFIC PLAN Lead Agency: City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 Contact: Wendy Worthey, Principal Environmental Planner January 29, 2008 TO: Ms. Mirtha Lied], Planner Riverside County Waste Management Department 14310 Frederick Street Moreno Valley, CA 92553 On June 29, 2007, Riverside County Waste Management Department (RCWMD) submitted a comment letter on the Spyglass Ranch Specific Plan EIR. The City responded to this letter in the Final EIR and sent RCWMD a copy of the response on January 4, 2008. RCWMD submitted an additional letter on January 14, 2008 requesting additional clarifications. The City has prepared the following responses to Caltrans' comment letter. The original letter is attached with brackets for ease of reference. Comment 1: This comment indicates that the Final EIR was not revised to incorporate a reference to the South Coast Air Quality Management District (SCAQMD) Rule 1150.1 applicable rules and regulations. As discussed on page 0.3 -53 of the Final FIR, reference to Rule 1150.1 was added to Sections 4.6.2.2, 4.6.4, and 4.6.5, and to mitigation measure MM 4.6 -4 in the Final EIR and MMRP. The Final EIR and MMRP state the following for mitigation measure MM 4.6: "Prior to issuance of the site grading permit, the applicant shall finance the installation of up to eleven multi -level landfill gas detection probes at intervals of 100 feet, along the northerly and northwesterly edge of the landfill property to comply with CCR Title 27 and SCAQMD Rule 1150.1. The applicant shall coordinate with Riverside County Waste Management Department (RCWMD), regarding the exact location of these landfill gas detection probes. RCWMD shall be responsible for building the probes and for conducting periodic monitoring and maintenance of the permanently installed monitoring probes." The original language describing the requirement for the applicant financing eleven multi -level landfill gas detection probes at intervals of 100 feet, came directly from the third paragraph of the RCWMD Notice of Preparation (NOP) comment letter dated March 22, 2007 (included as Appendix A.3 of the EIR). Therefore, Agenda Item No. 15 Page 46 of 90 ATTACHMENT this comment has already been addressed and no additional revision to the EIR is warranted. Comment 2: This comment request additional revision to the description of County Facilities and responsibilities included on page 4.14 -2 and 0.3 -53 of the EIR. It is recognized that the RCWMD is responsible for defining the County's goals and policies regarding waste management. It is also recognized (as stated in the Final EIR) that the individual cities within the County, including Lake Elsinore, are independently responsible for the implementation of CIWMP goals and objectives to comply with AB 939. This comment does not request substantive changes and would not affect the conclusions of the EIR. Comment 3: This comment indicates that the EIR was not clear in stating that there are only three active landfills within the County. In the Final EIR (on page 0.3 -55 and Section 4.14.1.3), the text states the following, "Of these landfills, only three are active and would potentially serve the project site: El Sobrante Landfill, Lamb Canyon Landfill, and Badlands Landfill." The preceding text discussed that the County's RCIP General Plan EIR and Annual Report documented seven landfills within the unincorporated area. The additional text clarifies that as of today, there are only three active landfills that could potentially serve the proposed project. Therefore, this comment has already been addressed, and no additional revision to the EIR is warranted. In addition, this comment requests that the EIR include the cities that the Lamb Canyon Landfill and Badlands Landfill are located. All of the active landfills are located within the unincorporated area of Riverside County. The El Sobrante Landfill is in proximity to Corona, Lamb Canyon landfill is in proximity to the City of Beaumont and the Badlands Landfill is located in proximity to Moreno Valley. Comment 4: This comment indicates that the EIR infers that waste generated by the proposed project will be sent to the El Sobrante Landfill, when in fact it will be up to the hauler that provides refuse hauling services to determine where to deliver the waste generated by the project. However, Page 4.14 -7 of the Final EIR was revised to indicate that the final disposal would be at one of the three active landfills in Riverside County: El Sobrante, Badlands and Lamb Canyon. Detailed information regarding capacity is provided for each of these three landfills. In addition, the last sentence on page 0.3 -56 and in Section 4.14.1.3 states, "It should be noted that while El Sobrante Landfill is the closest landfill to the project site, it is the decision of CR &R Incorporated [hauler] as to where the waste generated at the project site will be delivered." Therefore, this comment has already been addressed, and no additional revision to the EIR is warranted. Agenda Item No. 15 Page 47 of 90 ATTACHMENT SIAth orSfaJlYlatlld— UUlmGati�xa�.R1'9aK �n ,u>osrvc ,neHC� �BNStLO CC,YABbtaLJ5,f5asmnma, DEPARTMENT OF TRANSPORTATION DIS IT IC'1' 8 PLANNING AND LOCAI, ASSIS'IANCF (MS ]22) 464 WIS "1'4 "S"I'REVA. 6"; FLOOR SAN BERNARDINO, CA 9240/1400 PHONE (909)383.6040 FAX 1909138.36890 "1-1Y (909) 3836300 January 14.. 2008 Ms. Wendy Worthey City of Lake Elsinore 130 S. Main Street Lake Elsinore, CA 92530 F'4•x vm,rDmrer' 8e mr,Fsv.(fi <rrx4' Re: Traffic Impact Analysis for the Final Environmental Impact Report for Spyglass Ranch Specific Plan Dear Ms. Worthey: Our (City of Lake Elsinore and California Department of Transportation) failure to take corrective action to plan aid improve the transportation infrastructure will result in an immediate breakdown of the system, which will adversely impact the lives of this community. To preclude /minimize such action the Department is requesting that the City in Comment I cooperation with all transportation agencies develop intermodal strategics and contribute funds for mainline improvements. Regarding the Spyglass Ranch TIA, we have the following comments- On page 313, it states the 1 -15 and Main Street and Summerhill at Railroad Canyon Drive is Comment 2 currently operating between LOS "E & F ". Both intersections are operating at LOS "F". Page 5. the offsitc recommendations does not adequately address mainline operation & other areas within the City that would be adversely impacted by the proposed project. Also, the Comment 3 recommendations do not go far enough to address cumulative impacts. Page 5, "Development in the study area is occurring relatively concurrently." In view of the projects received from the State Clearinghouse and the City of Lake Elsinore, we are unable to support the aforementioned statement. If it was used in formulating your projections. then Comment 4 your results may be skewed /misleading. Page 6, the project shall participate in the fair share traffic contribution. Comment 5a b. The required format should include evaluation of peak hour conditions one intersection before and after the intersection significantly impacted by each phase of Comment 5b development. Agenda Item No. 15 Page 48 of 90 City of Lake Elsinore January 14, 2008 Page 2 c. If an impacted intersection is estimated no exceed Caltrans LOS standards, then the impacted area along the facility must be redesigned and constructed to standard. d. The improvements needed to maintain Catunns LOS standards will be required to be in place and /or filly funded and /or scheduled for construction prior to occupancy of the relevant developmental phase. This includes mainline improvements. Page 11. C2, para. 2; Older counts have been factored up to existing (2006) conditions and have been atf usted for flow conservation. L The numbers should be adjusted to 2007 conditions using the growth factor derived by Southern California; Associate of Governments (SCAG). 2. What year were the older counts and what factor was used to forecast? Page 11, C2, para. 3: When evaluating capacity at an intersection on a state highway, it is highly recommended that you consult with Caltmns prior to initiating your study. Do not use V/C ratio when analyzing the needs of an intersection. Please use the accepted practice per TIS guidelines, Delay (SecNeh) method. Figure I, upon completion of the frontage road; Dexter Avenue must be closed to through traffic. If any of your conclusions were based on the connectivity of Dexter and Central, the traf is numbers used in the study is not a representation of the existing or forecasted conditions; therefore, the analysis governing this segment of the road should be updated. Cattrans appreciates the opportunity to review this project proposal. If you have questions regarding the Department's continents, please contact Milele Robertson at (909) 383 -6367. Sincere y, n NATHANIEL 11. PICKETT Office Chief Regional Planning, Riverside IGR/CEQA Review cc: Manuel Jabson [11, Traffic Operations Haissam Yahya, Traffic Operations be Green Pile Pile NHP /mr "CW".!"proms mabda" acme, C'ahf'd. ATTACHMENT Comment 5c Comment 6 Comment 7 Comment 8 Agenda Item No. 15 Page 49 of 90 ATTACHMENT CITY OF LADE ,LSInOIZE DREAM EXTREME. SUBJECT: FINAL ENVIRONMENTAL IMPACT REPORT FOR SPYGLASS RANCH SPECIFIC PLAN Lead Agency: City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 Contact: Wendy Worthey, Principal Environmental Planner February 4, 2008 TO: Nathaniel Pickett, Office Chief CALTRANS District #8 Regional Planning /IGR -CEQA Review 464 W. Fourth Street, 6"' Floor MS 722 San Bernardino, CA 92401 -1400 On January 15, 2008, the City received a late comment letter from Caltrans immediately prior to the Spyglass Ranch Specific Plan Planning Commission Meeting. Although this letter has been received after the public comment period (ending July 5, 2007), the City has prepared the following responses to Caltrans' comment letter. The original letter is attached with brackets for ease of reference. Comment 1: The City is aware and active in planning and improving the freeway and highway system in Lake Elsinore. The City took initial actions to improve the interchanges at Railroad Canyon Road and at Central Avenue (SR -74) long before Caltrans acknowledged any concerns. In addition, the City is committed to interim and long -range improvements at Main Street and I -15. As related to this project, through the CEQA process, the City has established mitigation measures to address this project's impacts. Please note that the FIR and Conditions of Approval (COAs) state that interim improvements, including traffic signals and system coordination, at Camino del Norte/Main Street, Main Street/Southbound I -15 ramps, and Main Street/Northbound I -15 ramps intersections, must be constructed and operational before the first occupancy of the project. The long -range improvements include the above intersections, the interchange design and the intersection at Flint Street and Main Street. Project Study Report (PSR) fair share costs are also conditioned on the project. As related to the impacts associated with implementation of the General Plan Update, the City's General Plan Update includes a variety of land use and traffic circulation policies designed to improve the transportation infrastructure. Some of these policies include: Incorporate roadway designations and standards used by neighboring agencies to establish consistency with connecting circulation roadways (Policy 7.1); develop Capital Improvement Projects such as overpasses, enhanced intersections, high efficiency interchanges and bus stations that help to sustain the minimum required LOS at the regional transportation connection nodes (Policy 7.4); and establish requirements in the conditions of approval on development projects that ensure transportation infrastructure is constructed concurrent with development (Policy 8.1). In addition, the City will adopt Agenda Itenh No. 15 Page 50 of 90 ATTACHMENT policies to meet the following goals: Maximize traffic safety throughout the City, Provide alternatives to the use of motorized vehicles, Optimize the efficiency and safety of the transportation system, and Maintain a LOS of D at intersections within the City (excluding the Main Street Overlay area and the Ballpark District). Each of these policies will serve to reduce traffic congestion and improve the overall traffic circulation infrastructure within the City and surrounding region. Funding for mainline improvements would be provided by Riverside County Measure A, extended in 2002, to implement improvements to the regional circulation network. Measure A is Riverside County's half -cent sales tax for transportation. Measure A will continue to fund transportation improvements through Year 2039. The I -15 Freeway is programmed to add one lane in each direction from SR -60 Freeway to San Diego County line (see attached Measure A map). In addition, it should be noted that gas tax funds are intended for making roadway improvements. Such funds are available from State gas tax revenues and Federal gas tax matching programs. Comment 2: This comment references page 313 of the Traffic Impact Study. However, page 313 of the Traffic Impact Analysis (TIA) includes the calculations for the General Plan Buildout with project scenario for the morning peak hour with improvements, not existing conditions. As shown in Table 1 of the TIA, at the time the traffic counts were conducted (in 2005) the I -I S/Main Street northbound ramps operated at unacceptable LOS E during morning peak hour. The Summerhill Drive/ Railroad Canyon Road intersection operated at LOS F during the PM peak hour. Section III.C.2 of the TIA identified these two intersections as currently failing intersections that warrant traffic signals. These intersections were further analyzed under the Opening Year (2009) scenario and General Plan Update scenario to account for areawide growth on project roadways and traffic generated by other development that may have occurred since existing condition traffic counts were conducted. It should be noted that current LOS should be better than previously documented in the TIA at the Summerhill/ Railroad Canyon intersection because of recent intersection improvements (a new right turn only lane). Because the intersections were identified as impacted intersections with unacceptable LOS, this comment does not alter the findings of the TIA or EIR and no change is required. Comment 3: The 13,189 total trips generated by the project are less than 1.2 percent of the total General Plan Buildout traffic volumes on the I -15 Freeway. This project would not contribute sufficient ADT to cause a significant impact to the mainline freeway. It should be recognized that Riverside County extended Measure A in Year 2002 to implement improvements to the regional circulation network. Measure A is Riverside County's half -cent sales tax for transportation. Measure A will continue to fund transportation improvements through Year 2039. The I -15 Freeway is programmed to add one lane in each direction from SR -60 Freeway to San Diego County line (see attached Measure A map). In addition, it should be noted that gas tax funds are intended for making roadway improvements. Such funds are available from State gas tax revenues and Federal gas tax matching programs. The TIA did analyze traffic impacts associated with this project at the I- 15/Main Street interchange, I -15 /Central Avenue interchange and the I -15/ Railroad Canyon interchange. The TIA and EIR concluded that the project would result in cumulatively significant impacts at the I- 15/Main Street interchange as a result of the high probability of queuing on Main Street between Camino del Norte and the I -15 southbound ramps during peak hour. Queuing would occur because of the proximity of the intersections and other physical topographical constraints. Section I.B.S of the TIA states that the project shall participate in the fair share traffic contribution of the PSR for the I -15 Freeway/Main Street. This mitigation is included as Mitigation Measure MM 4.13 -5 in the EIR and Mitigation Monitoring and Reporting Program (MMRP). As acknowledged in the Final FIR on page 4.13 -5, this mitigation would not reduce the impact to the interchange to below a level of significance. Geometric improvements to the intersections alone will not adequately address the queuing issue due to their proximity to one another, in addition to other physical topographical constraints. A Statement of Findings and Overriding Considerations would be required pursuant to CEQA Guidelines, Sections 15091 and 15093. Agenda Iterb No. 15 Page 51 of 90 ATTACHMENT In addition to the significant impact at the I- 15/Main Street interchange, the TIA and EIR identified significant cumulative impacts at 10 intersections under the Opening Year (2009) scenario. As specified in the TIA, the EIR, and MMRP, the project shall mitigate those cumulative impacts through participation in the phased construction of the off -site intersection improvements through payment of established City of Lake Elsinore fees, participation in the Western Riverside Transportation Uniform Mitigation Fees program, payment of the project's fair share traffic contribution, assessment district and/or community facilities district financing, and construction of off -site facilities under appropriate fee credit agreements. As demonstrated in Table 4.13 -6 of the EIR, the proposed mitigation would return the LOS at these ten intersections to acceptable levels and would reduce all cumulative impacts to below a level of significance (with the exception of the I- 15/Main Street interchange as discussed in the preceding paragraph). Comment 4: The list of projects listed in Table 3.5 -1 of the FIR and in Table 4 of the TIA was generated by the City of Lake Elsinore staff and represents all of the projects that have recently been constructed (but not included in existing year traffic counts), or are in the planning and environmental review phase (i.e., reasonably foreseeable). These projects are all planned to be developed within the next 30 years. As noted in Section IV of the TIA, in order to assess Opening Year (2009) traffic conditions, project traffic is combined with existing traffic, areawide growth, and other development traffic from the projects listed on Table 4. For the majority of these projects, the TIA applied 60% of the total trip generation from these cumulative projects to the Opening Year 2009 scenario. This was a conservative estimate and most likely overestimates traffic generation in 2009. In addition, the TIA assumed that several projects in the vicinity would occur relatively concurrently with the proposed project including the Village of Porto Romano, Tract 31593 and TR 32013. Table 9 of the TIA identifies the assumptions used in terms of which project would be responsible for which phase of the circulation network needed in this area, i.e. construction of Camino del Norte, La Strada, and Elsinore Hills Road. While each of these projects are reasonably foreseeable and are currently undergoing planning and environmental review, in the event that these surrounding projects are not approved, or are delayed, the City has conditioned this project to provide a traffic study and list of mitigation measures specific to each phase of development. This would allow the City to require project specific mitigation measures to reflect traffic conditions as each phase proceeds. It should also be noted that if the other three projects listed in Table 9 do not proceed, the proposed project would require less off -site mitigation because these projects would generate 25,613 trips. Comment 5a: The project is required to participate in the phased construction of the off -site intersection improvements through payment of established City of Lake Elsinore fees, participation in the Western Riverside Transportation Uniform Mitigation Fees program, payment of the project's fair share traffic contribution, assessment district and/or community facilities district financing, and construction of off - site facilities under appropriate fee credit agreements for all significant impacts identified in the EIR. In addition, the City has conditioned the project so that each phase of the project is required to provide a traffic study and mitigation measures specific for each phase. Comment 5b: The City follows Riverside County guidelines for the preparation of traffic studies. The study area was selected in consultation with City traffic engineers based upon the number of average daily trips (ADT) anticipated for the proposed project. Specifically, if the project would contribute at least 50 ADT to an intersection during AM or PM peak hours, the City requires the analysis of the intersection in a traffic study. For the majority of the intersections identified as having significant impacts, the TIA does include an analysis of the intersection north and south of the intersection or east and west depending on the predicted trip distribution. Agenda Iterh No. 15 Page 52 of 90 ATTACHMENT As demonstrated in Table 4.13 -4 of the EIR, for opening year (2009) with project conditions, the roadway intersections that would experience significant impacts are listed below along with the intersections that were analyzed north/south or east/west of the intersection: • I -15 Southbound/Northbound Ramps at Central Avenue /(SR -74) • Because the project would not contribute 50 or more peak hour trips to the interchange north of the I -15 /Central Avenue (SR -74) interchange, it was not included in the project study area. • The TIA includes analysis of the I -15 /Main Street interchange to the south. • I -15 Southbound/Northbound Ramps at Main Street • The TIA includes analysis of the I -15 /Central Avenue (SR -74) interchange to the north. • The TIA includes analysis of the I -151 Railroad Canyon interchange to the south. • I -15 Southbound/Northbound Ramps at Railroad Canyon Road • The TIA includes analysis of the I -15 /Main Street interchange to the North. • Because the project would not contribute 50 or more peak hour trips to the interchange south of the I -15 /Central Avenue (SR -74) interchange, it was not included in the project study area. • Dexter Avenue at Central Avenue /SR -74 • The TIA includes analysis of the I -15 /Central Ave (SR -74) intersection to the west. • The TIA includes analysis of the Central Ave /Cambem Avenue intersection to the east. • Camino del Norte at Main Street • There is no intersection north of the Camino del Norte/Main Street. Intersection. • The TIA includes analysis of the Camino del Norte/Franklin Street intersection to the south. • Camino del Norte at Franklin Street • The TIA includes analysis of the Camino del Norte/Main Street intersection to the north. • Because Camino del Norte terminates at the Franklin Street intersection, there is no intersection to the south. • Summerhill Drive at Railroad Canyon Road • The TIA includes analysis of the Summerhill Drive/ Canyon Estates Drive to the north. • Because the project would not contribute 50 or more peak hour trips to the intersection south of the I -15 /Central Avenue (SR -74) interchange, it was not included in the project study area. Comment 5c: The only study area roadways currently under the jurisdiction of Caltrans through the City of Lake Elsinore are SR -74 and the I -15 interchanges (SR -74, Main Street, Railroad Canyon). The Caltrans Guide for the Preparation of Traffic Impact Studies states that an LOS of between C and D or better must be maintained for signalized and unsignalized intersections during peak hour. However, if an existing state highway facility is operating at less than the appropriate LOS, the existing measures of effectiveness for LOS should be maintained. Caltrans typically defers to the traffic operating standard adopted by the City through which the highway passes. The City of Lake Elsinore has LOS D as the threshold for determining significant impacts. As shown in Table 4.13.6 of the FIR, project mitigation would improve the LOS at the Caltrans interchanges above that identified for the existing conditions. For example in opening year 2009, the I -15 SB ramps/Railroad Canyone Road interchange are projected to Agenda Item No. 15 Page 53 of 90 ATTACHMENT operate at LOS F without mitigation. After mitigation, LOS would C for the AM peak hour and D for the PM peak hour. As previously discussed, the EIR for the project acknowledges that the impact resulting from queuing at the I- 15/Main Street interchange would not be mitigated with the project's participation in the fair share traffic contribution of the Project Study Report. A statement of overriding considerations is required for this project. However, all other impacts would be mitigated to below a level of significance as demonstrated in Table 4.13 -6. As noted in Section I.B.5 of the TIA, the project shall participate in the phased construction of the off -site intersection improvements through payment of established City of Lake Elsinore fees, participation in the Western Riverside Transportation Uniform Mitigation Fees program, payment of the project's fair share traffic contribution, assessment district and/or community facilities district financing, and construction of off -site facilities under appropriate fee credit agreements. In addition, each phase of the project is required to mitigate its specific traffic impacts. Comment 6: The Notice of Preparation for the proposed development was distributed in December of 2006. Therefore, it is appropriate that the existing conditions be based on 2006 traffic counts. hr addition, the TIA includes two additional scenarios, 2009 and General Plan Buildout. To account for areawide growth on roadways, traffic volumes have been calculated based on a 2 percent annual growth rate. The City's Engineering Department has approved the 2% growth rate based on local experience. SCAG's projections cover a much larger geographic area and would not be applicable to the local setting. Using a 2% growth rate in addition to assuming 60% buildout of the cumulative projects at the opening year scenario is a conservative estimate. Comment 7: The technique used in the TIA to assess the capacity needs of an intersection is known as the Intersection Delay Method (see Appendix C of the TIA) based upon the 2000 Highway Capacity Manual and consistent with the TIS guidelines. The delay (SecNeh) and Level of Service for intersections in the vicinity of the project are shown in Tables 1, and 5 through 8 of the TIA. Comment 8: The TIA based its assumptions and local circulation configuration on the City's General Plan Update Traffic Study and the redesign of the I -15/ Central Avenue (SR -74) ultimate interchange improvements. According to the City's Engineering Department, it is important to have connectivity along Camino del Norte to both Railroad Canyon Road and to Central Avenue (SR- 74). In the City's current General Plan, this connectivity was provided by connecting to Dexter Avenue. However, in the redesign of Central Avenue (SR -74) and I -15, Dexter Avenue on the north side of Central Avenue will become the northbound on ramp. Cambern Avenue and 2 "d Street will become secondary highway connections from Camino del Norte to Central Avenue (SR -74) to provide traffic relief to the Dexter Avenue segment south of Central Avenue (SR -74). Dexter Avenue to the south will be downgraded to a business collector. The Traffic Study for I -15 /Central Avenue (SR -74) interchange improvements was approved by Caltrans in 2007. Agenda Iterh No. 15 Page 54 of 90 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 JANUARY 15, 2008 SPYGLASS RANCH SPECIFIC PLAN SPYGLASS RANCH LLC (ATTN: ERIK LUNDE) 240 NEWPORT CENTER DRIVE, SUITE 220, NEWPORT BEACH, CA 92660 SAME • Draft Environmental Impact Report No. 2007 -01 • General Plan Amendment No. 2005 -06; to re- designate the land use designations of the Spyglass Ranch property from Future Specific Plan (3.0 du /ac maximum density), Freeway Business, and Neighborhood Commercial to Specific Plan (4.0 du /ac maximum density). ■ Zone Change No. 2005 -07; to change the Zoning designation of the Spyglass Ranch property from Single - Family Residential (R -1) and General Commercial (C -2) to Specific Plan. • Specific Plan No. 2005 -02 — Adoption of the Spyglass Ranch Specific Plan. PROJECT LOCATION The 259.6 acre project site is located on the east side of Camino Del Norte at its intersection with Main Street (Assessor Parcel Numbers: 377 - 250 -011, 377 - 350 -004, 007, 008, 010, 014, 015, 016, 017, 377 - 260 -004, 005, & 006). BACKGROUND During the processing of this project, staff worked closely with the applicant to achieve enhanced architectural design guidelines addressing such issues as grading, landscaping, Agenda Item No. 15 Page 55 of 90 PLANNING COMMISSION STAFF REPORT JANUARY 15, 2008 PROJECT TITLE: SPYGLASS RANCH SPECIFIC PLAN streetscapes, walls and fencing, and entry- monumentation for the proposed Spyglass Ranch Specific Plan. ENVIRONMENTAL SETTING PROJECT DESCRIPTION GENERAL PLAN AMENDMENT NO. 2005 -06 General Plan Amendment No. 2005 -06 will change the City of Lake Elsinore's General Plan land use designation for the Project Site from Future Specific Plan — G, Freeway Business and Neighborhood Commercial to Spyglass Ranch Specific Plan. The proposed General Plan Amendment will also increase the maximum density from 3.0 du /ac to 4.0 du /acre. ZONE CHANGE NO. 2005 -07 Zone Change No. 2005 -07 will change the zoning designation on the Project Site from Single Family Residential (R -1) and General Commercial (C -2) to Specific Plan (SP). SPECIFIC PLAN NO. 2005 -02 The purpose of the Spyglass Ranch Specific Plan is to provide for the orderly and efficient Agenda Item No. 15 Page 56 of 90 EXISTING LAND USE ZONING GENERAL PLAN Project Vacant/Residence Residential Single Freeway Site Family Business/ (R -1) /General Neighborhood Commercial (C -2) Commercial/ Future Specific Plan - G North Vacant Unincorporated/ Low Density Single Family Res. /Freeway Residential Business (R -1) /Rural Residential RR South Vacant Single Family Freeway Residential (R -1) Business /Future Specific Plan - G East Vacant Single Family Future Specific Residential R -1 Plan - G West Interstate 15 PROJECT DESCRIPTION GENERAL PLAN AMENDMENT NO. 2005 -06 General Plan Amendment No. 2005 -06 will change the City of Lake Elsinore's General Plan land use designation for the Project Site from Future Specific Plan — G, Freeway Business and Neighborhood Commercial to Spyglass Ranch Specific Plan. The proposed General Plan Amendment will also increase the maximum density from 3.0 du /ac to 4.0 du /acre. ZONE CHANGE NO. 2005 -07 Zone Change No. 2005 -07 will change the zoning designation on the Project Site from Single Family Residential (R -1) and General Commercial (C -2) to Specific Plan (SP). SPECIFIC PLAN NO. 2005 -02 The purpose of the Spyglass Ranch Specific Plan is to provide for the orderly and efficient Agenda Item No. 15 Page 56 of 90 PLANNING COMMISSION STAFF REPORT JANUARY 15, 2008 PROJECT TITLE: SPYGLASS RANCH SPECIFIC PLAN development of the Project Site. Spyglass Ranch will be a Rustic Californian themed master planned residential community containing a maximum of 1,035 dwelling units with park and open space areas integrated into the project design. The Spyglass Ranch Specific Plan proposes to divide the Project Site into approximately fourteen (14) separate planning areas consisting of four (4) basic residential land use categories along with park and open space categories. LAND USE CATEGORIES RESIDENTIAL USES Estate Residential (0 -2 du /ac) Approximately 7.5 acres of the Project Site has been designated "Estate Residential'. The land use category will contain a maximum yield of eight (8) dwelling units. Residential products will consist of detached units on a minimum of 12,000 square foot lots. Single- Family Residential (4 -8 du /ac) Approximately 115.6 acres of the Project Site has been designated Single - Family Residential. The land use category will contain a maximum of 515 dwelling units. The residential home products will consist of detached units on a minimum of 5,000 square foot lots. Courtyard Homes (8 -15 du /ac) Approximately 18.6 acres of the Project Site will have a Courtyard Homes designation. The land use category will contain a maximum of 171 dwelling units. The residential products will consist of detached units with common front yard areas on a minimum of 7,200 square foot lots Multi - Family Residential (15 -24 du /ac) Approximately 14.5 acres of the Project Site will be designated Multi - Family Residential. The land use category will contain a maximum of 341 dwelling units. Furthermore, if Multi- family residential units are not developed in these areas, a commercial land use designation shall applyfor development consistentwith the Spyglass Ranch Specific Plan. All commercial uses shall be consistent with the Zoning requirements under the General Commercial (C -2) Zoning District of the City of Lake Elsinore Municipal Code (LEMC). Agenda Item No. 15 Page 57 of 90 PLANNING COMMISSION STAFF REPORT JANUARY 15, 2008 PROJECT TITLE: SPYGLASS RANCH SPECIFIC PLAN OPEN SPACE AND RECREATION Parks Approximately 6.5 acres of the Project Site will be designated for parks. Two (2) park facilities will be provided within the specific plan boundary. A 3.0 acre park is to be located within Planning Area 7 and will consist of both active and passive areas, such as basketball courts, rolling turf areas, picnic facilities, tot lots, etc. Furthermore, an existing residence located in Planning Area 3 may be incorporated into the design of the park to form a large community center, which may serve as the central gathering location for residents of Spyglass Ranch. A second 3.5 acre park site will be located within Planning Area 13, which will also provide numerous active and passive recreational amenities and is conveniently located at the intersection of Street "D" and Elsinore Hills Drive. Open Space Approximately 85.8 acres of the Project Site will be designated for open space. The open space areas will be interspersed throughout the specific plan boundary and will assist in achieving the "Rustic Californian" theme for the community by preserving natural visual amenities such as rolling topography, rock outcroppings and natural indigenous vegetation. Moreover, the open space areas will serve to create buffer zones between various types of onsite land uses and density variations. Finally, a system of pedestrian trails will be incorporated within the open space belts which will provide connectivity between residential neighborhoods. Trails The Spyglass Ranch community also includes an extensive trail system, which includes concrete sidewalks and soft - surface trails. The system of concrete sidewalks and soft - surface trails are intended to encourage activities such as walking, jogging, and bicycling. There is an existing ten -foot (10') wide trail, which will be preserved within Planning Area 8A (Open Space). This existing trail provides access from the southwestern portion of the community adjacent to Planning Area 6 (Multi - family Residential) and Planning Area 2 (Single - Family Residential) in the northwest portion of the community. A second trail is planned to traverse the southern, eastern, and northern portions of the community, providing connections to the existing trail's northern and southern terminus points and other existing off -site trails located east of the community. This ten -foot (10') trail provides immediate pedestrian access to the majority of the residential planning areas, as well as the park in the Planning Area 13. Agenda Item No. 15 Page 58 of 90 PLANNING COMMISSION STAFF REPORT JANUARY 15, 2008 PROJECT TITLE: SPYGLASS RANCH SPECIFIC PLAN Residential & Non - Residential Density Summary ROADWAY AND CIRCULATION IMPROVEMENTS Regional access to Spyglass Ranch is obtained from Interstate 15 (1 -15) via the Camino Del Norte and Main Street exit. The primary objective of the Spyglass Ranch Circulation Plan is to meet the vehicular travel needs of the community by providing direct and convenient access to individual planning areas through a safe an efficient network of roadways. Camino Del Norte Primary access to the community will be provided via Camino Del Norte which abuts the community's southern property line and the Interstate 15 freeway. This roadway has been designated as a Secondary Highway with a ninety foot wide right -of -way including a fourteen -foot (14') painted median and a six -foot (6') curb - adjacent sidewalk within a ten - foot (10') parkway. The applicant has been conditioned to provide a temporary asphalt road between Camino Del Norte and Canyon Estates Drive to the east. Elsinore Hills Drive Elsinore Hills Drive generally bisects the community and provides an north -south access through the development. This roadway has also been designated as a Secondary Highway with a ninety -foot (90') wide right -of -way including a fourteen -foot (14') painted median and a six -foot (6') curb - adjacent sidewalk within a ten -foot (10') parkway. Agenda Item No. 15 Page 59 of 90 Y,A Residential Estate Res. 0 -2 DU /AC 7.5 1.1 8 Single Family Res. (4 -8 DU /AC) 115.6 4.5 515 Courtyard Homes (8 -15 DU /AC) 18.6 9.2 171 Multi - Family Res. 15 -24 DU /AC 14.5 23.5 341 Residential Subtotals 156.2 6.6 1,035 Non - Residential Parks & Community Center 6.5 - Open Space 85.8 -- Major Circulation 11.1 -- Non- Residential Subtotals 103.4 -- -- Project Totals 259.6 4.0 1,035 ROADWAY AND CIRCULATION IMPROVEMENTS Regional access to Spyglass Ranch is obtained from Interstate 15 (1 -15) via the Camino Del Norte and Main Street exit. The primary objective of the Spyglass Ranch Circulation Plan is to meet the vehicular travel needs of the community by providing direct and convenient access to individual planning areas through a safe an efficient network of roadways. Camino Del Norte Primary access to the community will be provided via Camino Del Norte which abuts the community's southern property line and the Interstate 15 freeway. This roadway has been designated as a Secondary Highway with a ninety foot wide right -of -way including a fourteen -foot (14') painted median and a six -foot (6') curb - adjacent sidewalk within a ten - foot (10') parkway. The applicant has been conditioned to provide a temporary asphalt road between Camino Del Norte and Canyon Estates Drive to the east. Elsinore Hills Drive Elsinore Hills Drive generally bisects the community and provides an north -south access through the development. This roadway has also been designated as a Secondary Highway with a ninety -foot (90') wide right -of -way including a fourteen -foot (14') painted median and a six -foot (6') curb - adjacent sidewalk within a ten -foot (10') parkway. Agenda Item No. 15 Page 59 of 90 PLANNING COMMISSION STAFF REPORT JANUARY 15, 2008 PROJECT TITLE: SPYGLASS RANCH SPECIFIC PLAN Streets A, B C & D & Other Local Streets Internal local streets serving the overall community will be designed to minimize through traffic within neighborhoods while creating internal linkages for residents and access to recreational amenities. Local streets will be designed with a sixty -foot (60') right -of -way. These roads do not contain a median and shall consist of six -foot (6) curb - adjacent sidewalks within a ten -foot (10) foot parkway. DESIGN GUIDELINES A large portion of the Specific Plan document is devoted to Single - Family, Multiple - Family and Commercial Architectural Design Guidelines as well as comprehensive Landscaping Design Guidelines. The Spyglass Ranch Specific Plan Design Guidelines are intended to establish standards for a superior master - planned residential community and will help to guide development of an aesthetically cohesive environment that incorporates the natural topography and landscape of the community. The Design Guidelines section consists of two (2) components: Architectural Design Guidelines and Landscape Design Guidelines. These components define the design concept, physical character, and theme of Spyglass Ranch. The Architectural Design Guidelines provide a high quality living environment by defining guidelines forsite planning, architectural theme and details, building mass and scale, materials and color, and articulation. The Landscape Design Guidelines provide general landscaping requirements including, but not limited to, design standards for streetscapes, landscaping, walls and fences, edge conditions, plant palette establishment, and entrance monumentation. Architectural Design Guidelines Single - Family Residential Based on the Project Site history and topography, the applicant is proposing a "Rustic Californian" theme for the community. Specific architectural styles permitted in association with the theme include Craftsman, Spanish and American Farmhouse for both single - family and multi - family residential homes. These styles are compatible with one another and provide adequate flexibility in design. To promote the goal of attaining appealing communities and personable neighborhoods, single - family residential design guidelines should include, but not be limited to: Long, unbroken facades and box like forms should be avoided. Building facades should be broken up to give the appearance of a collection of smaller structures. ■ Use of simple roof forms to provide interest by jogging rooflines, varying plate lines, and roof heights. Agenda Item No. 15 Page 60 of 90 PLANNING COMMISSION STAFF REPORT JANUARY 15, 2008 PROJECT TITLE: SPYGLASS RANCH SPECIFIC PLAN ■ Combine one (1) and two (2) story architectural elements when appropriate for the architectural style, including patio walls and balconies to break up exterior walls. Building mass should reflect interior uses within the repertoire of forms for the chosen architectural style while exterior mass and form can be manipulated to improve the streetscape. • Colors of structures should blend with natural colors of the hillsides, where possible. A harmonious combination of colors and materials should be used. Multi - Family Residential The development of Multi - Family Residential within the Spyglass Ranch Specific Plan is proposing to incorporate the design standards and guidelines included for Single - Family homes where appropriate. In addition, special details are proposed, but not limited to: • The upper story of a two -story building should be stepped back to reduce the scale of facades facing streets, courtyards, or open space areas. ■ Flat roof on garages, carports, and ancillary structures are discouraged. ■ No more than eight (8) attached units should be permitted in a single- structure. ■ Upper floor entries should have a distinct design that complements the main building frontage. Commercial Architectural Guidelines The Spyglass Ranch provides a commercial land use alternative for Planning Areas 5 and 6. The goal is to promote visual compatibility and individuality within the Spyglass Ranch community, while maintaining maximum flexibility to accommodate a wide variety of uses. The concept for commercial architecture is to maintain consistency and compatibility with the residential proposed themes, proposed for the residential community of Spyglass Ranch. In addition, special details are proposed, but not limited to: ■ Exterior building materials should be of natural characterthat would reflect the rural character of the surrounding environment. • Principal roof forms should be gable or hip with pitches from 4:12 to 6:12. • Consideration should be taken to relate interior building design to pedestrian spaces through generous use of glazing in doors and windows. • Light standards should blend architecturally with buildings, pedestrian areas, other Agenda Item No. 15 Page 61 of 90 PLANNING COMMISSION STAFF REPORT JANUARY 15, 2008 PROJECT TITLE: SPYGLASS RANCH SPECIFIC PLAN hardscape elements, and street furniture. Landscaping Design Guidelines The Spyglass Ranch Specific Plan Landscape Design Guidelines reinforces the project theme through application of the landscape elements and sets forth general criteria for landscaping within the community and compliments the Architectural Design Guidelines. In addition, the Landscape Design Guidelines establishes the proposed tree and shrub palette, streetscape planting, entry- monumentation, walls and fences, slope planting, and park layout. ANALYSIS The Spyglass Ranch Specific Plan is consistent with the City's General Plan. By changing the current land use designations of Freeway Business, Neighborhood Commercial, and Future Specific Plan G to Spyglass Ranch Specific Plan, the City would have an opportunity to cluster development and create a significant open space area that other General Plan designations would not facilitate. By functioning as a regulatory document, the Spyglass Ranch Specific Plan provides a means of implementing the City's General Plan through implementation of particularized land use provisions, development regulations, and designs. Furthermore, the proposed Zone Change from the current designation of R -1 (Single - Family Residential) and C -2 (General Commercial) to Specific Plan is consistent with the General Plan Land Use of Specific Plan Spyglass Ranch. Furthermore, the project as proposed, will compliment the existing and proposed development in the surrounding area. ENVIRONMENTAL DETERMINATION According to the State CEQA Guidelines, "the EIR process starts with the decision to prepare an EIR." (14 C.C.R. § 15081.) At the conclusion of the initial study of the proposed project, it was determined that there was substantial evidence that the project may have a significant effect on the environment. To that end, a draft environmental impact report (DEIR) was prepared. Even though the DEIR concluded that unavoidable adverse impacts related to Air Quality (emissions of ROG, NOx, PM10, and PM2.5 during construction; emissions of ROG, NOx, and CO during operations; and, conflicts with the regional Air Quality Management Plan) and, Transportation and Traffic (queuing impacts at the I -15 /Main Street interchange during General Plan Build -out) would result from the proposed project, a Statement of Overriding Considerations has been prepared in accordance with Section 15093 of the CEQA Guidelines. The Statement of Overriding Considerations "balances" the proposed project against this unavoidable environmental effect. Agenda Item No. 15 Page 62 of 90 PLANNING COMMISSION STAFF REPORT JANUARY 15, 2008 PROJECT TITLE: SPYGLASS RANCH SPECIFIC PLAN The CEQA Guidelines require that a DEIR, which is submitted to the State Clearinghouse for review by state agencies, be circulated for public review for a minimum of 45 days (14 C.C.R. § 15105.) Accordingly, the public review period for the proposed project began on May 21, 2007 and closed on July 5, 2007. Staff prepared responses to all comments received, which are identified as Attachment 6. One additional item to note is a Caltrans letter that the City received on July 17, 2007, after the close of the DEIR comment period. This letter expressed concerns about the additional traffic generated by both the Spyglass Ranch and Porto Romano projects in this area. Because of the complexity of the traffic issues in this area, Caltrans requested additional review time until August 28, 2007 which Staff granted. Staff contacted Caltrans on August 29, 2007 to obtain a status on their comments. Caltrans stated that they were still in process of preparing comments as they have significant concerns about additional traffic at the 1 -15 /Main Street exit. To date, no further written or verbal comments from Caltrans regarding this project have been received. A Condition of Approval has been included requiring full compliance with Caltrans requirements priorto recordation of the first tract/parcel map within the Spyglass Ranch Specific Plan. RECOMMENDATION It is recommended that the Planning Commission adopt the following Resolutions: Resolution No. 2008 - recommending to the City Council adoption of Multiple Species Habitat Conservation Plan Consistency Findings. 2. Resolution No. 2008 -_ recommending to the City Council certification of Environmental Impact Report No. 2007 -01. 3. Resolution No. 2008 - recommending to the City Council approval of General Plan Amendment No. 2005 -06 4. Resolution No. 2007 -_ recommending to the City Council approval of Zone Change No. 2005 -07 5. Resolution No. 2007-_ recommending to the City Council approval of Spyglass Ranch Specific Plan No. 2005 -02. Agenda Item No. 15 Page 63 of 90 PLANNING COMMISSION STAFF REPORT JANUARY 15, 2008 PROJECT TITLE: SPYGLASS RANCH SPECIFIC PLAN PREPARED BY: JUSTIN CARLSON, ASSOCIATE PLANNER APPROVED BY: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT ATTACHMENTS: 1. LOCATION MAP 2. PLANNING COMMISSION RESOLUTIONS 3. CONDITIONS OF APPROVAL 4. INITIAL STUDY /ENVIRONMENTAL IMPACT REPORT 5. DRAFT MITIGATION MONITORING AND REPORTING PROGRAM (Included within the Final EIR enclosed) 6. AFFECTED AGENCY RESPONSE TO ENVIRONMENTAL IMPACT REPORT AND STAFF'S RESPONSE TO COMMENTS (Included within the Final EIR enclosed) 7. CEQA FINDINGS OF FACT 8. SPECIFIC PLAN Agenda Item No. 15 Page 64 of 90 VICINITY MAP "SPYGLASS RANCH SPECIFIC PLAN" PLANNING COMMISSION Agenda Item No. 15 Page 65 of 90 RESOLUTION NO. 2008 -05 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTION OF FINDINGS THAT THE PROJECT KNOWN AS SPYGLASS RANCH IS CONSISTENT WITH THE WESTERN RIVERSIDE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Spyglass Ranch LLC has filed an application with the City of Lake Elsinore requesting approval of General Plan Amendment No. 2005 -06, Specific Plan No. 2005 -02, and Zone Change No. 2005 -07 for the project identified as the Spyglass Ranch Specific Plan (the "Project "); and WHEREAS, the 259.6 -acre project site is located on the north side of Camino Del Norte at its intersection with Main Street within the City of Lake Elsinore (the "Project Site'); and WHEREAS, Section 6.0 of the Western Riverside Multiple Species Habitat Conservation Plan (the "MSHCP ") requires that the City of Lake Elsinore adopt consistency findings demonstrating that the proposed development is consistent with the MSHCP criteria and the MSHCP goals and objectives; and WHEREAS, action taken by the Planning Commission and City Council with regard to general plan amendment, specific plan, and zone change are discretionary actions subject to the MSHCP; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQX) and the CEQA Guidelines (14 C.C.R. §§ 15000 of seq.), a draft environmental impact report was prepared for the project, circulated for public review for a period of 45 days and was accompanied by a Statement of Overriding Considerations; 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 January 15, 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's consistency with the MSHCP prior to recommending that the City Council adopt Findings of Consistency with the MSHCP. SECTION 2. That in accordance with the MSHCP, the Planning Commission makes the following MSHCP Consistency Findings: Agenda Item No. 15 Page 66 of 90 PLANNING COMMISSION RESOLUTION NO. 2008 -05 PAGE 2 OF 4 1. The Project is a project under the City's MSHCP Implementing Resolution, and the City must make an MSHCP Consistency finding before approving the Project. 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, was found to be consistent with the MSHCP criteria. In addition, the Project was reviewed and found consistent with the following "Plan Wide 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), UrbanAWildlands 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, and according to MSHCP maps, was shown to be within a Criteria Cell. LEAP No. 2006 -03 was processed, but it was ultimately agreed upon by City staff and the Regional Conservation Authority that a mapping error had occurred and that this Project is NOT within a Criteria Cell. As such, LEAP 2006 -03 was withdrawn from the Joint Project Review process. 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 /riverine areas and vernal pool habitat types based upon their value in the conservation of a number of MSHCP covered species. All potential impacts to riparian /riverine areas will be mitigated as identified in the Determination of Biological Equivalent or Superior Preservation (DBESP). The Project Site does not have vernal pools. The Project is therefore 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 as mapped in Section 6.1.3 of the MSHCP. Therefore, the provisions of Section 6.1.3 are not applicable to the Project. Agenda Item No. 15 Page 67 of 90 PLANNING COMMISSION RESOLUTION NO. 2008 -05 PAGE 3 OF 4 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. Surveys were conducted on the entire Project Site, and the results indicated that no Burrowing Owls occupied the Project Site. However, the Project will be required to conduct a pre - construction survey 30 days prior to the commencement of grading. 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. However, the Project has minimized potential indirect impacts using Best Management Practices and has precluded planting of highly invasive weedy species within project boundaries. As such, the Project is consistent with Section 6.1.4 of the MSHCP. 7. The Project is consistent with the Vegetation Mapping requirements. The Project Site is not within a MSHCP Criteria Cell and is not located within areas that require mapping of vegetation. As such, the Project is consistent with the MSHCP Section 6.3.1 Vegetation Mapping requirements. 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 Project is consistent with the Fuels Management Guidelines. 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. Agenda Item No. 15 Page 68 of 90 PLANNING COMMISSION RESOLUTION NO. 2008 -05 PAGE 4OF4 SECTION 3. Based upon all of the evidence presented, and the above findings, the Planning Commission hereby recommends the City Council of the City of Lake Elsinore adopt findings that the Project is 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 15th day of January 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN ATTEST: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: Z2??22 Rolfe M. Preisendanz Director of Community Development O'NEAL, GONZALES, FLORES, MENDOZA,ZANELLI ElsinorePlanning Commission Agenda Item No. 15 Page 69 of 90 RESOLUTION NO. 2008 -06 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CERTIFY ENVIRONMENTAL IMPACT REPORT NO. 2007 -01 WHEREAS, Spyglass Ranch LLC has filed an application with the City of Lake Elsinore requesting approval of General Plan Amendment No. 2005 -06, Specific Plan No. 2005 -02, and Zone Change No. 2005 -07 for the Project identified as the Spyglass Ranch Specific Plan (the 'Project'); and WHEREAS, the City of Lake Elsinore (the "City ") has caused an Environmental Impact Report (State Clearinghouse No. 2006121069: the "EIR ") to be prepared on the Project pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000, et seq.: "CEQA "), the State Guidelines for Implementation of the California Environmental Quality Act (14 California Code of Regulations, Sections 15000, et seq.: the "CEQA Guidelines "), and the City's procedures relating to environmental evaluation of public and private projects; and WHEREAS, the City transmitted for filing a Notice of Completion of the Draft EIR and thereafter, in accordance with the CEQA Guidelines, forwarded the Draft EIR to the State Clearinghouse for distribution to those agencies which have jurisdiction by law with respect to the Project and to other interested persons and agencies, and sought the comments of such persons and agencies; and WHEREAS, notice to all interested persons and agencies inviting comments on the Draft EIR was published in accordance with the provisions of CEQA and the State CEQA Guidelines; and WHEREAS, pursuant to CEQA Guidelines, Section 15082(c)(1), on January 11, 2007 the City held a duly noticed scoping meeting in order to expedite consultation regarding the scope and content of the environmental information in the Draft EIR; and WHEREAS, all actions required to be taken by applicable law related to the preparation, circulation, and review of the Draft EIR have been taken; and WHEREAS, the Draft EIR prepared for the Project was sent to the Planning Commission and the Planning Commission held a public hearing to receive public input on the adequacy of the Draft EIR on January 15, 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 evaluated all comments, written and oral, received from persons who have reviewed the Draft EIR. Agenda Item No. 15 Page 70 of 90 PLANNING COMMISSION RESOLUTION NO. 2008 -06 PAGE 2 OF 6 Section 2. The Planning Commission hereby recommends to the City Council that the EIR for the Project is adequate and has been completed in compliance with CEQA, the State CEQA Guidelines, and local procedures adopted by the City pursuant thereto; the Planning Commission has reviewed and considered the information contained in the Draft EIR and finds that the Draft EIR represents the independent judgment of the City. Section 3. The Planning Commission hereby makes, adopts, and incorporates herein as its "findings of fact" regarding the potential environmental impacts of the Project, the analysis and conclusions set forth in the Draft EIR (including, without limitation, the mitigation measures therein set forth); the following summarizes those conclusions: a. The Initial Study and the Draft EIR determined that impacts related to the implementation of the Project would be less than significant without mitigation for aesthetics, agricultural resources, geology /soils, hydrology /water quality, mineral resources, population /housing, public services, and recreation. b. The Draft EIR identified potentially significant adverse impacts related to the implementation of the Project, but which will be mitigated to an insignificant level by conditions imposed upon the Project. Biological resources, cultural resources, hazards and hazardous materials, land use, and noise are impacts that can be mitigated to less than a significant level. Most air quality and transportation and traffic impacts would also be mitigated to a level of less than significant through implementation of the identified mitigation measures. For those impacts that are not mitigable, see subsection (e) below. The type of impact for which mitigation was designed and the associated mitigation measures are identified in Section 4.0 Environmental Analysis of the Draft EIR, and are summarized in the Executive Summary of the Draft EIR. C. All feasible mitigation measures, which are within the jurisdiction of the City, as identified in the Draft EIR have been incorporated into the Project and represent the fullest extent to which the Project - related impacts can be reasonably avoided and /or substantially lessened. d. The Draft EIR did not identify alternatives to the Project which would reduce environmental impacts while still substantially achieving Project objectives, and as such, the proposed Project was determined to be the environmentally superior alternative. e. The Project and associated discretionary approvals will result in significant unavoidable impacts related to: emissions of ROG, NOx, PMio, and PM2,5 during construction; emissions of ROG, NOx, and CO during operations; conflicts with the regional Air Quality Management Plan; and, queuing impacts at the 1 -15 /Main Street interchange during General Plan Build -out. Pursuant to State CEQA Guidelines Section 15093, the City Council has determined that the unavoidable adverse impacts that will result from project implementation are acceptable and outweighed by specific social, economic and other benefits of the project. Therefore, a Statement of Overriding Agenda Item No. 15 Page 71 of 90 CITY OF LAIUE LSIlYOIZE DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: FEBRUARY 26, 2008 SUBJECT: PUBLIC HEARING - ORDINANCE TO ELIMINATE AND AMEND CERTAIN TIME LIMITS WITH RESPECT TO THE REDEVELOPMENT PLANS FOR THE LAKE ELSINORE RANCHO LAGUNA REDEVELOPMENT PROJECT AREAS NO. I, II AND III Background The Redevelopment Agency of the City of Lake Elsinore is vested with the responsibility to carry out the functions and requirements of the California Community Redevelopment Law ( "CRL ") and to implement the Redevelopment Plans for each of the three Redevelopment Project Areas. Amendments to the CRL effected by the adoption of Senate Bill 211 (January 2002) allow the City Council to amend the Redevelopment Plans to eliminate the deadline to incur debt. Amendments to the CRL effected by the adoption of Senate Bill 1045 (January 2003) allow the City Council to extend the effective date of the Plans and the time limit to repay indebtedness. These amendments may be accomplished by adoption of an ordinance without the requisite findings, procedures, and legal requirements associated with most redevelopment plan amendments. The Redevelopment Plan for the Lake Elsinore Rancho Laguna Redevelopment Project Area No. I was adopted on September 23, 1980, and is effective until September 23, 2020. The Agency will continue to collect tax increment from the original project area until September 23, 2030. Amendment No. 1 to the Redevelopment Plan for the Lake Elsinore Rancho Laguna Redevelopment Project Area No. I was adopted on July 20, 1981 and is effective until July 20, 2021. The Agency will continue to collect tax increment form the area added by Amendment No. 1 until July 20, 2031. However, under the amendments required by AB 1290 and effected by Ordinance No. 987 adopted on November 8, 1994, the Agency's authority to incur debt in Project Area No. I expired on January 1, 2004. The Lake Elsinore Rancho Laguna Redevelopment Project Area No. II was adopted on July 18, 1983. The Redevelopment Plan for Project Area No. II is effective until July 18, 2023 and the Agency will continue to collect tax increment until July 18, 2033. Under Agenda Item No. 18 Page 1 of 10 Ordinance To Eliminate And Amend Certain Time Limits February 26, 2008 Page 2 the amendments required by AB 1290 and effected by Ordinance No. 987 adopted on November 8, 1994, the Agency's authority to incur debt expired on January 1, 2004. The Lake Elsinore Rancho Laguna Redevelopment Project Area No. III was adopted on September 8, 1987. The Redevelopment Plan for Project Area No. III is effective until September 8, 2027, and the Agency will continue to collect tax increment until September 8, 2037. Under the amendments required by AB 1290 and effected by Ordinance No. 987 adopted on November 8, 1994, the Agency's authority to incur debt expired on April 1, 2007. Discussion The proposed Ordinance will correct certain technical errors from a prior ordinance, extend the time limit to incur debt for all redevelopment purposes in Project Area No. I and extend the time to incur debt for affordable housing purposes in Project Area Nos. II and III. A more detailed discussion is set forth below. Ordinance No. 987 Ordinance No. 987 was adopted by the City Council of the City of Lake Elsinore on November 22, 1994, to amend certain time limits under the three Redevelopment Plans in compliance with Assembly Bill 1290. The Ordinance incorporated certain technical errors resulting from mathematical miscalculations of the amended time limits. The proposed Ordinance presented to the City Council with this Staff Report corrects these errors so that the baseline for the amendments proposed under SB 211 and SB 1045 track the purpose and intent of the legislation. Senate Bill 211 - Time Limit to Incur Debt In order to receive tax increment a redevelopment agency must incur loans, advances, or other indebtedness. Until recently, all tax increment allocated to the Agency was committed to pre- existing debt and the Agency had limited discretion to initiate new projects and programs, including those aimed at meeting the Agency's affordable housing obligations throughout the community and promoting economic development in the project areas. Absent the ability to incur debt, the Agency's ability to receive tax increment and undertake new projects is severely limited. Rancho Laguna Redevelopment Project Area No. I —All Redevelopment Purposes. Adoption the Ordinance permitted by SB 211 to eliminate the deadline to incur debt will allow the Agency to initiate projects and programs for all redevelopment purposes by incurring new obligations throughout the effectiveness of the Redevelopment Plan for the Lake Elsinore Rancho Laguna Redevelopment Project Area No. I. To ensure that affected taxing entities are made whole by the removal of the debt limit, SB 211 triggers Agenda Item No. 18 Page 2 of 10 Ordinance To Eliminate And Amend Certain Time Limits February 26, 2008 Page 3 tax sharing pass- through payments to taxing entities that did not enter into tax sharing agreement with the Agency at the time of project area adoption. This so- called statutory pass- through payment is based on a percentage of tax increment received over a base year value; the amount passed to the taxing entities is then increased over time (after years 10 and 30) to further reduce the burden on taxing entities. The tax increment subject to these pass- through payments only applies to the growth in tax increment over an adjusted base year valuation, which would be the assessed valuation for the year in which the debt time limit would have expired (2003- 04 for Project Area I and II and 2006 -2007 for Project Area No. III). The Agency will still receive its full share of tax increment based on the existing assessed value in Project Area No. I up through the year in which the debt time limit would have been reached. Rancho Lacuna Redevelopment Project Areas No. II and No. III — Affordable Housing Purposes Only. For Project Areas II and III, the statutory tax sharing that would be triggered by the elimination of the time limit to incur debt for all redevelopment purposes results in a negative fiscal impact. In other words the amount of the statutory pass- through would exceed the amount available tax increment thereby eliminating the feasibility of new projects or programs. The Agency is permitted, however, under the provisions of SB 211 to eliminate the time limit to incur debt in order to fulfill the Agency's affordable housing obligations. This amendment does not trigger any additional tax sharing with affected taxing entities. Senate Bills 1045 - ERAF Extensions Senate Bill 1045 required the Agency to make a payment for deposit into Riverside County's Educational Revenue Augmentation Fund (an "ERAF Payment ") during FY 2003 -04. In an effort to offset the financial burden caused by the ERAF Payment, SB 1045 also amended the CRL to authorize the City Council to amend the redevelopment plans to extend the time of effectiveness of the plans and the time limit to repay indebtedness by one year. The effect of the proposed Amendment authorized by SB 1045 is as follows: The proposed changes are as follows: • Original Project Area I: Effective Date extended from September 23, 2020 to September 23, 2021 Ability to repay indebtedness extended to September 23, 2031 • Amended Project Area I: Effective Date extended from July 20, 2021 to July 20, 2022 Ability to repay indebtedness extended to July 20, 2032 Agenda Item No. 18 Page 3 of 10 Ordinance To Eliminate And Amend Certain Time Limits February 26, 2008 Page 4 • Project Area II: Effective Date extended from July 18, 2023 to July 18, 2024 Ability to repay indebtedness extended to July 18, 2034 • Project Area I II: Effective Date extended from September 8, 2027 to September 8, 2028 Ability to repay indebtedness extended to September 8, 2038 CEQA Determination Approval of a Redevelopment Plan Amendment to extend time limits is exempt from CEQA review pursuant to CEQA Guidelines Section 15378(b)(2), (4) and (5), because the amendments do not constitute a "project ", and are therefore exempt from CEQA review. As a result, there is no environmental impact associated with amending the Redevelopment Plan as proposed. Notice Notice of the Public Hearing was mailed to all affected taxing entities and published in accordance with applicable requirements of the CRL. Urgency Ordinance The proposed Ordinance is presented as an urgency ordinance requiring approval by four -fifths of the City Council in order to take effect immediately upon adoption. The ability of the Agency to incur debt in Project Area No. I is immediately necessary to effect the acquisition of real property declared by the Agency to be necessary and beneficial for the implementation of the Redevelopment Plan and in furtherance of the health, safety and welfare of the community. Fiscal Impact If the Ordinance is adopted, the Agency will be required to share increases in tax increment from Project Area No. I with other taxing entities. However, if this Ordinance is not approved, many of the programs, goals, and objectives identified in the Agency's Implementation Plan and the Redevelopment Plan for Project Area No. I cannot be realized. The potential for greater flexibility in the Project Area, an enhanced ability to eliminate blighting conditions and to increase, improve and preserve the community's supply of affordable housing, and an increase in net tax increment revenues that will result from passing this Ordinance outweigh the cost of the new pass- through requirements. If the Council enacts the ordinance, then the Agency will commence to make statutory pass- through payments in July 2008 in a cumulative amount of approximately $3 million Agenda Item No. 18 Page 4 of 10 Ordinance To Eliminate And Amend Certain Time Limits February 26, 2008 Page 5 from Project Area No. I. These statutory pass- through payments combined with payments under existing tax sharing agreements and certain administrative charges represent less than 10% of the cumulative tax increment revenues anticipated to be allocated to the Agency over the life of the Redevelopment Plan that will allow the Agency to service the debt on existing obligations and satisfy the Agency's other obligations and objectives. The elimination of the time limit to incur debt for affordable housing purposes only in Project Areas II and III will not trigger any obligation to make additional tax increment payments to affected taxing entities. By extending the effectiveness of the Redevelopment Plans and the date for receipt of tax increment and debt repayment by one year, the Agency will have additional time to accomplish its redevelopment obligations and objectives. The Agency will receive an estimated total of $4,960,000 in net tax increment in Project Area No. 1, $4,746,000 in net tax increment in Project Area No. II and $8,220,000 in net tax increment in Project Area No. III. Recommendation Waive further reading and adopt by title only an urgency ordinance eliminating and amending certain time limits with respect to the Redevelopment Plans for the Lake Elsinore Rancho Laguna Redevelopment Project Areas No. I, No. II and No III. Prepared by: Barbara Leibold City Attorney Approved by: Robert A. Brady City Manager Agenda Item No. 18 Page 5 of 10 ORDINANCE NO. AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ELIMINATING AND AMENDING CERTAIN TIME LIMITS WITH RESPECT TO THE REDEVELOPMENT PLANS FOR THE LAKE ELSINORE RANCHO LAGUNA REDEVELOPMENT PROJECT AREAS NO. I, NO. II AND NO. III WHEREAS, the Lake Elsinore Redevelopment Agency ( "Agency ") is a community redevelopment agency duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the California Community Redevelopment Law (Part 1 of Division 24, commencing with Section 33000, of the Health and Safety Code of the State of California) ( "CRL "); and WHEREAS, the Agency is engaged in activities necessary and appropriate to carry out the Redevelopment Plans ( "Redevelopment Plans ") for the Lake Elsinore Rancho Laguna Redevelopment Project Areas No. I, No. II and No. III ( "Project Areas ") which were adopted by the Agency's legislative body, the City Council of the City of Lake Elsinore ( "City Council "), by Ordinance No. 607 on September 23, 1980 and thereafter amended by Ordinance No. 624 on July 20, 1981 (Project Area No. 1), by Ordinance 671 on July 18, 1983 (Project Area No. II), and by Ordinance No. 815 on September 8, 1987 (Project Area No. III); and WHEREAS, by Ordinance No. 987 adopted on November 8, 1994, the City Council, among other actions, added certain provisions and limitations to the Redevelopment Plans as required by amendments to CRL Section 33333.6 enacted by AB 1290, including (i) the time limit as to the effectiveness of each Redevelopment Plan, (ii) the time limit to receive property taxes to repay indebtedness in each Project Area, and (iii) the establishment of the time limit after which the Agency may not incur debt in conjunction with implementation of each Redevelopment Plan; and WHEREAS, in calculating the time limits for the effectiveness of the Redevelopment Plans and receipt of property tax increment to repay indebtedness, the City Council intended by its adoption of Ordinance No. 987 to incorporate the time limits authorized by CRL Section 33333.6 as amended by AB 1290 which permits the Redevelopment Plans to expire 40 years after the date of adoption and permits the Redevelopment Agency to receive property tax increment to repay indebtedness for 10 years after the termination of the applicable Redevelopment Plan, but due to technical errors in such calculations, Ordinance No. 987 included certain incorrect dates; and WHEREAS, in extending the effectiveness of the Redevelopment Plans and time limit to receive property tax increment, Ordinance No. 987 states that the applicable deadlines shall apply "except to the extent that a longer period of time may be allowed pursuant to Section 33333.6 or other provisions of the Community 1 Agenda Item No. 18 Page 6 of 10 Redevelopment Law" and the City Council desires by this Ordinance to correct nunc pro tunc the time limits specified in Ordinance No. 987 consistent with the provisions of Section 33333.6 and the intent of the City Council; and WHEREAS, CRL Section 33333.6(e)(2) was amended by the California legislature by Senate Bill 211, effective January 1, 2002, to provide that as to redevelopment plans originally adopted pre- January 1, 1994 the City Council may enact an ordinance eliminating the deadline on incurring indebtedness formerly required by CRL Section 33333.6, and to further provide that such ordinance may be adopted without compliance with CRL Section 33354.6 or Article 12 of the CRL, except that the redevelopment agency must begin making certain payments of portions of the Agency's tax increment to affected taxing entities required by CRL Section 33607.7 commencing from the date the applicable redevelopment plan reaches the previously existing deadline to incur debt; and WHEREAS, pursuant to Section 33333.6(e)(2) of the CRL, the Agency desires to eliminate the time limit to incur debt in Project Area No. I immediately in order to implement the purposes, goals and objectives of the Redevelopment Plan for the Lake Elsinore Rancho Laguna Redevelopment Project Area No. I, including the urgency to fund the acquisition of real property declared by the Agency to be necessary and beneficial for the implementation of the Redevelopment Plan and in furtherance of the health, safety and welfare of the community; and WHEREAS, CRL Section 33333.6(e)(4) was also amended by Senate Bill 211, effective January 1, 2002, to similarly provide that City Council may enact an ordinance eliminating the deadline on incurring loans, advances and indebtedness paid solely from the Agency's Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the Agency's affordable housing obligations formerly required by CRL Section 33333.6 without compliance with CRL Section 33354.6 or Article 12 of the CRL and without triggering the obligations to make payments to affected taxing entities under CRL Section 33607.7; and WHEREAS, pursuant to Section 33333.6(e)(4) of the CRL, the Agency desires to eliminate the time limit to incur debt in Project Areas No. II and No. III paid from the Agency's Low and Moderate Income Housing Fund in order to fulfill the Agency's affordable housing purposes; and WHEREAS, Section 33681.9 of the CRL was added by Senate Bill 1045 effective September 1, 2003, requiring the Agency to make a payment during fiscal year 2003 -04 for deposit into Riverside County's Educational Revenue Augmentation Fund (an "ERAF Payment "); and WHEREAS, Senate Bill 1045 also added Section 33333.6(e)(2)(C) to the CRL to provide that when an agency is required to make the ERAF Payment pursuant to Section 33681.9, the City Council may amend the applicable Redevelopment Plans by Ordinance without compliance with CRL Section 33354.6 or Article 12 of the CRL to 1 Agenda Item No. 18 Page 7 of 10 extend by one year the time limit of the effectiveness of the Plans and the time limit to repay indebtedness; and WHEREAS, the Agency was required to make ERAF Payments in fiscal year 2003 -04 from each of the Project Areas and desires to amend the Redevelopment Plans as permitted by Section 33333.6(e)(2)(C); and WHEREAS, the enactment of this Ordinance is exempt from the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) ( "CEQA ") pursuant to CEQA Guidelines Section 15378(b)(4) (California Code of Regulations Section 15378(b)(4)) because it is a fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The time limits specified in Ordinance No. 987 for the effectiveness of the Redevelopment Plans and the receipt of property tax increment to repay debt are restated nunc pro tune and further amended and extended by one year in accordance with Section 3333.6(e)(2)(C) of the CRL as follows: A. The Effective Date of the Redevelopment Plan for the Original Lake Elsinore Rancho Laguna Redevelopment Project Area No. I is extended from September 23, 2020 to September 23, 2021, and the Agency's ability to repay indebtedness from tax increment from the original Project Area is extended from September 23, 2030 to September 23, 2031. B. The Effective Date of Amendment No. 1 to the Redevelopment Plan for the Lake Elsinore Rancho Laguna Redevelopment Project Area No. I is extended from July 20, 2021 to July 20, 2022, and the Agency's ability to repay indebtedness from tax increment from the area added by Amendment No. 1 is extended to from July 20, 2031 to July 20, 2032. C. The Effective Date of the Redevelopment Plan for the Lake Elsinore Rancho Laguna Redevelopment Project Area No. II is extended from July 18, 2023 to July 18, 2024, and the Agency's ability to repay debt from tax increment from the Project Area is extended from July 18, 2033 to July 18, 2034. D. The Effective Date of the Redevelopment Plan for the Lake Elsinore Rancho Laguna Redevelopment Project Area No. III is extended from September 8, 2027 to September 8, 2028 and the Agency's ability to repay debt from tax increment form the Project Area is extended from September 8, 2037 to September 8, 2038. 2 Agenda Item No. 18 Page 8 of 10 SECTION 2. The time limit of January 1, 2004, established by Ordinance No. 987 to incur debt set forth in the Redevelopment Plan for the Lake Elsinore Rancho Laguna Redevelopment Project Area No. I and the implementation for all redevelopment purposes pursuant thereto is hereby eliminated and the Agency is hereby authorized to incur indebtedness and any other obligations with respect to the Redevelopment Plan in accordance with all remaining provisions of such Redevelopment Plan at any time during which the Redevelopment Plan is effective. SECTION 3. The time limit of January 1, 2004, established by Ordinance No. 987 to incur debt set forth in the Redevelopment Plan for the Lake Elsinore Rancho Laguna Redevelopment Project Area No. II is hereby eliminated for purposes of incurring loans, advances and indebtedness paid solely from the Agency's Low and Moderate Income Housing Fund and the Agency is hereby authorized to incur or establish more debt in order to fulfill the Agency's affordable housing obligations any time during which the Redevelopment Plan is effective or as otherwise permitted by the CRL. SECTION 5. The City Clerk is hereby authorized and directed to file a Notice of Exemption with the County of Riverside pursuant to CEQA Guidelines Section 15094. SECTION 6. 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 7. 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 8. This Ordinance shall take immediately upon passage by a four -fifths vote of the City Council. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 26th day of February 2008. ATTEST: VIVIAN M. MUNSON CITY CLERK DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE 3 Agenda Item No. 18 Page 9 of 10 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 the foregoing Urgency Ordinance No. was passed at a regular meeting of the City Council of the City of Lake Elsinore held on the 26th day of February 2008, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: VIVIAN M. MUNSON CITY CLERK 4 Agenda Item No. 18 Page 10 of 10 CITY OF LAKE LSI1`IORE DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: FEBRUARY 26, 2008 SUBJECT: CONSIDERATION OF COMMERCIAL DESIGN REVIEW NO. 2007- 18 FOR THE PROJECT KNOWN AS THE "BANK OF AMERICA BUILDING" Request The applicant is requesting Design Review consideration for the design and construction of a 5,845 square -foot, single -story Bank of America building within the "Oak Grove Crossing" shopping center. Background At a regularly scheduled meeting of February 5, 2008, the Planning Commission adopted Resolution No. 2008 -16 recommending City Council's adoption of necessary MSHCP findings and Resolution No. 2008 -18 recommending City Council approval of Commercial Design Review No. 2007 -18 to design and construct the proposed bank building. In addition, the Commission adopted Resolution No. 2008 -17 approving Conditional Use Permit No. 2007 -25 for a two -lane automated teller machine drive -thru. Location The project lies within Redevelopment Project Area No. 1, more specifically near the corner of Central Avenue and Collier Avenue (APN 377 - 120 -054). Agenda Item No. 19 Page 1 of 58 Commercial Design Review No. 2007 -18 February 26, 2008 Page 2 of 2 Discussion Planning staff presented the proposed bank building project to the Planning Commission on February 5, 2008. Glen Daigle, the owner of the property, spoke as representative of the project informing the Commission that he concurred with all recommended conditions of approval for the project. Members of the Planning Commission briefly discussed a preference for a retail commercial use other than a bank facility at this location. After those comments, the Commission voted unanimously to approve the Conditional Use Permit and recommended City Council approval of the Design Review and adoption of Findings of Consistency with the Multiply- Species Habitat Conservation Plan. Fiscal Impact The proposed bank building will have a positive fiscal impact on the community in that the bank facility will provide additional financial service options for the City's businesses and residents. Recommendations Waive further reading and adopt a resolution adopting findings that the entitlements are consistent with the Multiple Species Habitat Conservation Plan (MSHCP). 2. Waive further reading and adopt a resolution approving Commercial Design Review No. 2007 -25. Prepared By: Linda M. Miller, AIC Project Planner VW Approved By: Robert A. Brady City Manager Attachments 1. Vicinity Map 2. City Council Resolution making Findings of Consistency with the Multi- Species Habitat Conservation Plan 3. City Council Resolution approving Commercial Design Review No. 2007 -25 4. Planning Commission Conditions of Approval 5. Planning Commission Staff Report and Resolutions from the meeting of February 5, 2008 6. 8 1/2" x 11" Plan Reductions 7. Full -Size Project Plans Agenda Item No. 19 Page 2 of 58 VICINITY MAP CUP 2007 -25 C 2007 -18 Agenda Item No. 19 Page 3 of 58 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, Glen Daigle of Oak Grove Equities, Inc., filed an application with the City of Lake Elsinore requesting approval of a Conditional Use Permit No. 2007 -25 for a two -lane automated teller machine drive -thru, and Commercial Design Review No. 2007 -18 for a 5,845 square -foot single -story Bank of America building with an associated improvements (the "Entitlements "), located on Collier Avenue near the corner of Central Avenue and Collier Avenue within the Oak Grove Crossing Shopping Center, APN: 377 - 120 -054 (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 February 5, 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 February 26, 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. 1 Agenda Item No. 19 Page 4 of 58 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. 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. The Project Site has been graded. Most of the construction associated with Oak Groves Crossing has been completed. There is no suitable habitat for Narrow Endemic Plan Species Guidelines as set forth in Section 6.1.3. because of this disturbance. No further action regarding this section of the MSHCP is required. 5. The proposed Project is consistent with the Additional Survey Needs and Procedures. Per MSHCP requirements, the Property is not subject to any of the Critical Area Species Survey Area Guidelines as set forth in Section 6.3.2 of the MSHCP. No further action regarding this section of the MSHCP is required. 6. The proposed Project is consistent with the UrbanNVildlands Interface Guidelines. The Property is surrounded by existing urbanized areas and is not located adjacent to any conserved or open space areas. 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. 2 Agenda Item No. 19 Page 5 of 58 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. 8. The Project is consistent with the Fuels Management Guidelines. As stated above, the Property is surrounded by existing urbanized areas and is not located adjacent to any conserved or open space areas. Therefore, the Fuels Management Guidelines as set fort in Section 6.4 of the MSHCP are not applicable. No further action regarding this section of the MSHCP is required. development. 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 on this 26th day of February ATTEST: VIVIAN M. MUNSON CITY CLERK DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE 3 Agenda Item No. 19 Page 6 of 58 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 26th day of February, 2008, and that the same was adopted by the following vote: AYES: NOES: ABSENT: VIVIAN M. MUNSON CITY CLERK 4 Agenda Item No. 19 Page 7 of 58 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO. 2007 -18 WHEREAS, Glen Daigle of Oak Grove Equities, Inc. filed an application with the City of Lake Elsinore requesting approval of Commercial Design Review No. 2007 -18 for the design and construction of a 5,845 square -foot Bank of America building with related improvements within the existing Oak Grove Crossing Shopping Center complex located on Collier Avenue near the corner of Central Avenue and Collier Avenue APN: 377 - 120 -054 (the "Project'); and WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the responsibility of approving commercial design review applications; and WHEREAS, on February 26, 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; 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.: "CEQA Guidelines ") public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed project (CEQA Guidelines Section 15006); and WHEREAS, CEQA Guidelines Section 15162 establishes the standard to be used when determining whether further environmental documentation is necessary and says that when an environmental document has already been adopted for a project, no subsequent environmental documentation is needed for subsequent entitlements which comprise the whole of the action unless substantial changes or new information are presented by the project; and WHEREAS, on March 22, 2005, the City of Lake Elsinore approved and certified a project Environmental Impact Report (State Clearinghouse No. 2004111053) for the Oak Grove Crossing Shopping Center, which evaluated the environmental impacts that would result from development of the shopping center, including the pad where the Project will be located; and WHEREAS, the Project does not present substantial changes or new information regarding the potential environmental impacts of development and it is found that no further environmental review would be required; and 1 Agenda Item No. 19 Page 8 of 58 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 Commercial Design Review prior to approving the application. The City Council finds that the Commercial Design Review satisfies all requirements set forth in Chapter 17.82 of the Lake Elsinore Municipal Code. Section 2. The City Council finds and determines that in accordance with CEQA Guidelines Section 15162, Design Review 2007 -18 does not propose substantial changes and does not present any new information, circumstances, or changes to the Project that was analyzed under the Oak Groves Crossing Final Environmental Impact Report. The Design Review application is part of the whole action analyzed in the Oak Groves Crossing Final Environmental Impact Report and will not change density or intensity of use within the shopping center. It simply establishes standards for color palates, articulation, orientation, and design. Therefore, it is not necessary to conduct any further environmental review for the Project. 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 Commercial Design Review 2007 -18: 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 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 bank building 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 development and will create a visually pleasing, non - detractive relationship between the proposed development and existing projects through the use of architectural design that is similar to existing buildings in the shopping center. A variety of materials and colors are proposed including architectural stone accents and earth tone colors that blend 2 Agenda Item No. 19 Page 9 of 58 with surrounding developments and provide 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 is part of the whole action analyzed in the Oak Groves Crossing Final Environmental Impact Report and will not change density or intensity of use within the shopping center. 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 February 5, 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 Commercial Design Review 2007 -18. Section 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 26th day of February ATTEST: VIVIAN M. MUNSON CITY CLERK DARYL HICKMAN, MAYOF CITY OF LAKE ELSINORE 3 Agenda Item No. 19 Page 10 of 58 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 26th day of February 2008, and that the same was adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: VIVIAN M. MUNSON CITY CLERK 4 Agenda Item No. 19 Page 11 of 58 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2007 -25 AND COMMERCIAL DESIGN REVIEW NO. 2007 -18 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 single family residential project attached hereto. 2. 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. PLANNING DEPARTMENT 3. 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 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 Building Permits. 4. All Conditions of Approval shall be reproduced upon page one of building plans submitted to the Building and Safety Division for Plan Check. 5. Applicant shall comply with all applicable mitigation measures listed in the Mitigation Monitoring Program associated with the Environmental Impact Report for the Oak Grove Crossing Shopping Center. 6. 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. 7. 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 Lake Elsinore 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. Agenda Item No. 19 Page 12 of 58 8. The Applicant shall comply with the City's Noise Ordinance. Notwithstanding the foregoing, with regard to hours of operation, 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. 9. The proposed location of onsite construction trailers shall be approved by the Community Development Director or Designee. 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 Community Development Director or Designee. 10. The Applicant shall comply with all applicable City codes and ordinances. Conditional Use Permit No. 2007 -25 11. The Conditional Use Permit shall comply with all applicable requirements of the Title 17 of the Lake Elsinore Municipal Code, unless modified by approved Conditions of Approval. 12. The Conditional Use Permit granted herein shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of this approval. 13. The hours of operation for the drive -thru ATM facility shall be limited to the hours of operation expressed within the Business Plan submitted. 14. The Applicant shall at all times comply with Lake Elsinore Municipal Code Section 17.78 relating to noise control. 15. Exterior security lighting shall be provided in association with the drive -thru ATM facility. The lighting shall be shielded and directed on -site so as not to create glare onto neighboring properties. The proposed light fixtures shall compliment the building architecture and shall be reviewed and approved by the Director of Community Development or Designee. 16. Necessary traffic circulation signage shall be erected onsite in association with the drive -thru ATM lanes and one -way drive aisle around the rear and sides of the bank building. Signage shall be reviewed by the Community Development Director or Designee. 17.All security measures requested by the Riverside County Sheriffs Department shall be followed and adhered to at all times. Commercial Design Review No. 2007 -18 18.Approval for Commercial Design Review No. 2007 -18 will lapse and be void unless building permits are issued within one (1) year following the date of approval. Agenda Item No. 19 Page 13 of 58 19. Unless specifically provided otherwise in these conditions, any alteration or expansion of a project for which there has been a "Design Review" approval as well as all applications for modification or other change in the conditions of approval of a "Design Review" shall be applied for in accordance with the provisions of Section 17.82.120. 20. No structure which has received a "Design Review" or "Minor Design Review" approval shall be occupied or used in any manner or receive a Certificate of Occupancy until the Director of Community Development has determined that all Conditions of Approval have been complied with. 21.All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. 22. Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission /City Council through subsequent action. 23.All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any material covering the roof equipment shall match the primary wall color. 24.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 or Designee. 25.All freestanding and wall mounted signage proposed onsite shall comply with the currently approved "Lake Elsinore Center Sign Criteria" document. 26.All wall mounted signage, proposed on the building, including logos, shall be designed with dual (halo) illumination. 27.All ground mounted directional signage proposed in association with the drive -thru facility shall be designed with a stone veneer base to match the stone veneer on the building. The stone base shall extend a minimum of six inches beyond the sides of the sign. 28. Applicant shall comply with all ADA (Americans with Disabilities Act) requirements. 29.A covered trash enclosure is required. Details of the trash enclosure shall be included in the Plan Check submittal package. The trash enclosure shall be constructed prior to issuance of Certificate of Occupancy. 30. No exterior roof ladders shall be permitted. 31.All exterior downspouts shall be concealed within the buildings. Agenda Item No. 19 Page 14 of 58 32. Materials and colors depicted on the plans and materials board shall be used unless modified by the Director of Community Development or Designee. The colors and materials include the following: a. Cement Plaster Walls: Whole Wheat b. Wainscot Walls: Sycamore Tan c. Cornice Trim: Tequila d. Steel Trellis: Roycroft Adobe e. Entry Canopy: Brite Red f. Stone Veneer: El Dorado Stone g. Storefront Glass: Insulated clear glass "Solarban" 60 33. Parking stalls shall be double- striped with four -inch (4 ") lines two feet (2) apart. 34.All exposed slopes in excess of three feet (3') in height shall have permanent irrigation system and erosion control vegetation installed and approved by the Planning Division. 35. On-site surface drainage shall not cross sidewalks. Prior to Issuance of Building /Grading Permit 36. Prior to issuance of Building Permit, the Applicant shall submit a photometric study to the Community Development Department for review and approval. The study shall show locations of all exterior lighting fixtures and shall verify that a minimum 1 -foot candle of illumination is achieved throughout the onsite parking area. Moreover, the study shall demonstrate that a minimum of 5 -foot candles are achieved at building entrances. 37.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, prior to issuance of building permit. 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. Agenda Item No. 19 Page 15 of 58 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. 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 ten percent (10 %) 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 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. j. 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. 38. Prior to issuance of building permits, the Applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 39. Prior to issuance of building permits, the Applicant shall provide assurance that the Public Building Impact Fee has been paid. 40. Prior to issuance of building permits, the Applicant shall provide assurance that the Library Capital Improvement Fund fee has been paid. 41. Prior to issuance of building permits, the Applicant shall provide assurance that all Multiple Species Habitat Conservation Plan fees have been paid. 42. Prior to issuance of building permits, the Applicant shall provide evidence that all Riverside County Fire Department standards and requirements have been complied with. Agenda Item No. 19 Page 16 of 58 ENGINEERING DIVISION General Conditions 43.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 44. 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 applying for a building permit. 45. 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. 46.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". Grading 47. Developer shall obtain all necessary off -site easements for off -site grading, if any, from the adjacent property owners prior to issuance of grading permit approval. 48.Apply and obtain a grading permit with appropriate security prior to any grading activity. 49.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. 50.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. Agenda Item No. 19 Page 17 of 58 51.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 52. Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs shall drain to a landscaped area. Driveways shall be sloped to drain into landscaping prior to entering street facilities. 53. Provide a solid roof over the trash area. Fees 54. Pay all Capital Improvement and Plan Check fees (LEMC 16.34). The current traffic mitigation fee is $3.84.00 per square foot of building; and the current TUMF amount is $5.71.00 per square foot of building; the amount of fees shall be adjusted according to the fee schedule current at the time of payment. Stormwater/ Cleanwater Protection Program 55.City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances prohibit the discharge of waste into storm drain system or local surface waters. This includes non -storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, What You Should Know" describing preventing measures are available at City Hall. PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, or waterways - without Regional Water Quality Control Board permit or waver — is strictly prohibited by local ordinances and state and federal law. ADMINISTRATIVE SERVICES DEPARTMENT 56. Prior to approval of the Final Map, Parcel Map, Site Development Plan, Special Use Permit or building permit (as applicable), 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. Applicant shall make a four thousand seven hundred dollar ($4,700) non - refundable deposit to cover the cost of the annexation process. Contact Dennis Anderson, Harris & Associates at (949) 655 -3900 x334 or dandersonna.harris- assoc.com. Agenda Item No. 19 Page 18 of 58 COMMUNITY SERVICES DEPARTMENT 57. The Applicant shall pay park fees of $0.10 per square foot for all interior commercial space. 58.The Applicant shall participate in the Citywide Landscaping and Lighting Maintenance District. 59.The Applicant 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 60.The Applicant shall comply with all of the attached Riverside County Fire Department conditions and standards. End of Conditions Agenda Item No. 19 Page 19 of 58 CITY OF LSINORE DREAM EXTREME,. 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: FEBRUARY 5, 2008 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007 -25, COMMERCIAL DESIGN REVIEW NO. 2007 -18 FOR BANK OF AMERICA APPLICANT: JORGE CELY, GENSLER, 4675 MACARTHUR COURT, SUITE 350, NEWPORT BEACH, CALIFORNIA 92660 OWNER: GLEN DAIGLE, OAK GROVE EQUITIES, INC., 25109 JEFFERSON STREET, MURRIETA, CALIFORNIA 92562 PROJECT REQUEST The applicant is requesting Conditional Use Permit and Commercial Design Review consideration for the design and construction of a 5,845 square -foot, single -story building with a two lane automated teller machine (ATM) drive through and teller access to be for the bank, Bank of America. The project site is zoned General Commercial (C -2) with a General Plan Designation of General Commercial (GC). Review is pursuant to Chapter 17.48 General Commercial District (C -2) and Chapter 17.82 (Design Review) and Chapter 17.74 (Conditional Use Permits) of the Lake Elsinore Municipal Code (LEMC). PROJECT LOCATION The project site is located on the corner of Central Avenue and Collier Avenue within the Commercial Center known as Oak Grove Crossing (Assessor Parcel Number 377 - 120 -054) within Redevelopment Project Area No. 1. Agenda Item No. 19 Page 20 of 58 PLANNING COMMISSION STAFF REPORT FEBRUARY 5, 2008 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-25, COMMERCIAL DESIGN REVIEW NO. 2007 -18 ENVIRONMENTAL SETTING BACKGROUND The parcel under consideration is part of an original fourteen (14) acre parcel that was subdivided during the processing of several entitlements including a General Plan Amendment, Zone Change and Tentative Parcel Map 33056. The City Council approved these entitlements on March 22, 2005. Siting The proposed 5,845 square foot building will be constructed on a 31,079 square foot parcel, within the Oak Grove Crossing Shopping Center. The single story building will occupy approximately nineteen percent (19 %) of the total site area, well within the maximum building coverage allowance of forty percent (40 %) per the City of Lake Elsinore's General Plan. The main entrance for the building is located at the southeastern side of the building. Twenty -six (26) parking spaces, including two (2) handicap spaces, are located adjacent to the building. The number of parking proposed complies with the minimum parking requirements of the LEMC. The building siting meets all of the LEMC setback requirements. Agenda Item No. 19 Page 21 of 58 Project Commercial C -2 General Commercial GC — General Commercial Site Center North Commercial C -2 General Commercial GC — General Commercial Center South Commercial C -2 General Commercial GC — General Commercial Center East Commercial C -2 General Commercial GC — General Commercial Center West Commercial C -2 General Commercial GC — General Commercial Center BACKGROUND The parcel under consideration is part of an original fourteen (14) acre parcel that was subdivided during the processing of several entitlements including a General Plan Amendment, Zone Change and Tentative Parcel Map 33056. The City Council approved these entitlements on March 22, 2005. Siting The proposed 5,845 square foot building will be constructed on a 31,079 square foot parcel, within the Oak Grove Crossing Shopping Center. The single story building will occupy approximately nineteen percent (19 %) of the total site area, well within the maximum building coverage allowance of forty percent (40 %) per the City of Lake Elsinore's General Plan. The main entrance for the building is located at the southeastern side of the building. Twenty -six (26) parking spaces, including two (2) handicap spaces, are located adjacent to the building. The number of parking proposed complies with the minimum parking requirements of the LEMC. The building siting meets all of the LEMC setback requirements. Agenda Item No. 19 Page 21 of 58 PLANNING COMMISSION STAFF REPORT FEBRUARY 5, 2008 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-25, COMMERCIAL DESIGN REVIEW NO. 2007 -18 Onsite Circulation Patrons of the bank will enter the site from a driveway located at the southwestern corner of the parcel. Those patrons who desire to use the drive -thru teller service will continue and enter the single lane one way driveway, following it around the building until it divides into two (2) lanes. Architecture The applicant is proposing to use the same style of architecture that has been used on existing buildings found within the Oak Grove Crossing Shopping Center. This includes the use of stone veneer, large pane glass windows at the entrance, construction of varying parapet roof heights, varying wall planes including pop outs and insets, the use of decorative reveals and colors that blend with the neighboring buildings. The ATM drive thru will be covered with a porte - cochere trellis structure with stone veneer columns. The architectural style of the bank building is compatible with and compliments the architecture of the shopping center complex. Landscaping Approximately 9,293 square feet or thirty percent (30 %) of the project site will be landscaped. The project will exceed the minimum landscaping requirement of fifteen percent (15 %) for commercial developments. In general, the same species of trees, plants and shrubs that have been used in the Oak Grove Center will be used for the Bank of America site. This includes three (3) varieties of twenty -four inch (24 ") box trees (Crape Myrtle, Bradford Pear Tree, and Chinese Elm). In addition, several varieties of shrubs and vines are proposed. These include Fortnight Lily, Indian Hawthorn and Giant Bird of Paradise. Colors and Materials As previously mentioned, the applicant will continue using colors that match the color scheme that have been established for the Center. Primary colors proposed to be used on the building are "whole wheat' and "sycamore tan." Trim colors are "boycroft adobe" and "brite red." The generous use of masonry trim in "El Dorado" will further enhance the overall appearance of the building. Agenda Item No. 19 Page 22 of 58 PLANNING COMMISSION STAFF REPORT FEBRUARY 5, 2008 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-26, COMMERCIAL DESIGN REVIEW NO. 2007 -18 Sipnage The applicant chose not to include a request of the approval of signs for the current Bank of America Design Review. The applicant is aware that all signs proposed for the Bank of America project are required to comply with the approved Sign Program established by the Oak Grove Crossing Shopping Center. In addition, since the two previously approved projects located on Collier Avenue within the Shopping Center have been conditioned to provide dual (halo) illumination for all wall mounted signs. The Design Review for the Bank of American has also been conditioned to follow this requirement. CONDITIONAL USE PERMIT According to Section 17.48.030.A of the LEMC all projects proposing drive -thru lanes require the approval and consideration of a Condition Use Permit. Section 17.66.060 has set requirements for drive -thru lanes. These requirements include: 1) minimum stacking for eight (8) vehicles measured at twenty feet (20') each; 2) provide that the drive -thru lane will not interfere with the free and orderly circulation of the parking lot and 3) provide that the drive -thru lane shall not encroach upon or block driveways or parking spaces and shall be separated from adjoining driveways, parking spaces, and property lines. ANALYSIS Staff found that all development standards established by the Lake Elsinore Municipal Code relating to the proposed commercial project, including setbacks, building height, and parking requirements have been met. Staff found that the drive -thru component of the project has met all the minimum requirements established in the LEMC. The architectural design of the bank building follows the design elements, including colors and materials, that have been established within the Oak Grove Crossing Shopping Center. These elements include varying roof lines, varying wall planes, stone veneer, and large expanses of glass. The design also is compatible with the adjacent surrounding commercial, office and industrial buildings. The landscape design for the project site complies with the requirements set forth within Lake Elsinore Municipal Code Sections 17.52.090 and 17.66.100. The amount of planting area exceeds the minimum landscaping required. The landscaping palette proposed is consistent with the plant palette that has been established by the existing shopping center. Agenda Item No. 19 Page 23 of 58 PLANNING COMMISSION STAFF REPORT FEBRUARY 5, 2008 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-25, COMMERCIAL DESIGN REVIEW NO. 2007 -18 ENVIRONMENTAL DETERMINATION On March 22, 2005, the City Council approved and certified the Oak Grove Crossing Environmental Impact Report (EIR), which analyzed the environmental impacts associated with development of the Oak Grove Crossing Shopping Center. Conditional Use Permit 2007 -25 and Commercial Design Review 2007 -18, are part of the whole action that was analyzed in the Oak Grove Crossing EIR. The Conditional Use Permit and the Commercial Design Review will not result in a change in the density or intensity of development that was analyzed in the Oak Grove Crossing EIR. Moreover, the entitlements do not involve any changed circumstances or new information that would trigger the need for additional environmental analysis. Therefore, in accordance with CEQA and the CEQA Guidelines, no further environmental evaluation is necessary. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2008 - recommending that the City Council adopt findings that the project is consistent with the MSHCP, Resolution No. 2008 -_ approving Conditional Use Permit No. 2007 -25 and Resolution No. 2008 -_ recommending City Council approval of Commercial Design Review No. 2007 -18. This recommendation is based upon the Findings, Exhibits and the proposed Conditions of Approval. PREPARED BY: LINDA M. MILLER, PROJECT PLANNER APPROVED BY: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT ATTACHMENTS: 1. LOCATION MAP 2. PLANNING COMMISSION RESOLUTIONS 3. CONDITIONS OF APPROVAL 4. ACKNOWLEDGEMENT OF DRAFT CONDITIONS OF APPROVAL Agenda Item No. 19 Page 24 of 58 PLANNING COMMISSION STAFF REPORT FEBRUARY 5, 2008 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-25, COMMERCIAL DESIGN REVIEW NO. 2007 -18 5. EXHIBITS • REDUCTIONS (8 %x 11) Exhibit A Title Sheet Exhibit B Data Sheet Exhibit C Grading Plan Exhibit D Landscape Plan Exhibit E Expanded Site Plan Exhibit F Site Plan Exhibit G Floor Plan Exhibit H Building Elevation Exhibit I Building Elevation Exhibit J Trash Enclosure Detail ■ FULL SIZE PLAN SET Agenda Item No. 19 Page 25 of 58 VICINITY MAP CUP 2007 -25 C 2007 -18 PLANNING COMMISSION Agenda Item No. 19 Page 26 of 58 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 CONDITIONAL USE PERMIT NO. 2007 -25 AND COMMERCIAL DESIGN REVIEW NO. 2007 -18 WHEREAS, Glen Daigle of Oak Grove Equities, Inc., filed an application with the City of Lake Elsinore requesting approval of Conditional Use Permit No. 2007 -25 and Commercial Design Review No. 2007 -18 for a 5,845 square -foot single -story Bank of America building with an associated automated teller machine drive -thru (the "Project "); and WHEREAS, the total area of the Project Site is 31,079 square feet and is located on Collier Avenue near the corner of Central Avenue and Collier Avenue within the existing Oak Grove Crossing Shopping Center (APN: 377 - 120 -054) (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 February 5, 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: The Project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. The Project Site is not located within an MSHCP Criteria Cell. However, pursuant to the City's MSHCP Implementing Resolution, the Project is required to be reviewed for consistency with the following "Plan Wide Requirements ": Section 6.1.2 Protection of Riparian /Riverine Areas and Vernal Pool Guidelines, Section 6.1.3 Protection of Narrow Endemic Plant Species Guidelines, Section 6.1.4 Guidelines Pertaining to Urban/Wildlands Interface, Section 6.3.1 Agenda Item No. 19 Page 27 of 58 PLANNING COMMISSIOry RESOLUTION NO. 2008 - PAGE 2 OF 3 Vegetation Mapping, Section 6.3.2 Additional Survey Needs and Procedures, and Section 6.4 Fuels Management. The Project is subject to the City's LEAP and the County's Joint Project Review processes. As stated above, the Project is not located within a MSHCP Criteria Cell and therefore it was not processed through a LEAP or Joint Project Review. The Project is consistent with the Riparian /Riverine Areas and Vernal Pools Guidelines. No riverine /riparian areas or vernal pools are present on the Project Site. 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 Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The Project Site has already been graded. The Project Site is located within the Oak Groves Crossing shopping center, which was approved by the City in 2005. Most of the construction associated with Oak Groves Crossing has been completed. There is no suitable habitat for Narrow Endemic Plan Species on the Project Site because it has been disturbed. No further action regarding this section of the MSHCP is required. 5. The Project is consistent with the Urban/Wildlands Interface Guidelines. The Project is surrounded by existing development on all sides. Therefore, the Urban/Wildlands Interface Guidelines set forth in Section 6.1.4 of the MSHCP are inapplicable. No further action regarding this section of the MSHCP is required. 6. The Project is consistent with the Vegetation Mapping requirements. There are no resources existing on the Project Site that would be subject to the requirements of Vegetation Mapping set forth in Section 6.3.1 of the MSHCP. No further action regarding this section of the MSHCP is required. 7. The Project is consistent with the Additional Survey Needs and Procedures. The Project is subject to Burrowing Owl surveys. As mentioned above, the Project Site has been completely graded in conjunction with development of the Oak Groves Crossing shopping center. The Project is located on a busy road and is surrounded by development. There is no suitable habitat for Burrowing Owl on the Project Site. No further action regarding this section of the MSHCP is required. Agenda Item No. 19 Page 28 of 58 PLANNING COMMISSION RESOLUTION NO. 2008 - PAGE 3 OF 3 8. The Project is consistent with the Fuels Management Guidelines. As stated above, the Project is surrounded by existing development. Therefore, the Fuels Management Guidelines as set forth in Section 6.4 of the MSHCP are inapplicable. No further action regarding this section of the MSHCP is required. 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 Project is 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 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 5th day of February 2008, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman_ Lake Elsinore Planning Commission ATTEST: Rolfe M. Preisendanz Director of Community Development Agenda Item No. 19 Page 29 of 58 RESOLUTION NO. 2008- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2007 -25 WHEREAS, Glen Daigle of Oak Grove Equities, Inc., filed an application with the City of Lake Elsinore requesting approval of Conditional Use Permit No. 2007 -25, for the establishment of a two -lane drive -thru automated teller machine facility in association with a Bank of America bank building located on Collier Avenue near the corner of Central Avenue and Collier Avenue (APN 377 - 120 -054) (the "Project'); and WHEREAS, the City of Lake Elsinore recognizes that certain uses have operational characteristics that, depending upon the location and design of the use, may have the potential to negatively impact adjoining properties, businesses or residents and therefore are permitted subject to the issuance of a conditional use permit, which allows the City to comprehensively review and approve the use; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of considering and approving, conditionally approving, or denying conditional use permits; 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.: "CEQA Guidelines ") public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed project (CEQA Guidelines Section 15006); and WHEREAS, CEQA Guidelines Section 15162 establishes the standard to be used when determining whether further environmental documentation is necessary and says that when an environmental document has already been adopted for a project, no subsequent environmental documentation is needed for subsequent entitlements which comprise the whole of the action unless substantial changes or new information are presented by the project; and WHEREAS, on March 22, 2005, the City of Lake Elsinore approved and certified a project Environmental Impact Report (State Clearinghouse No. 2004111053) for the Oak Grove Crossing Shopping Center, which evaluated the environmental impacts that would result from development of the shopping center, including the pad where the Project will be located; and WHEREAS, the Project does not present substantial changes or new information regarding the potential environmental impacts of development and it is found that no further environmental review would be required; and Agenda Item No. 19 Page 30 of 58 PLANNING COMMISSION RESOLUTION NO. 2008 - PAGE 2 OF 4 WHEREAS, on February 5, 2008, at a duly noticed public hearing, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item. 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 proposed Conditional Use Permit No. 2007 -25 and finds that the requirements of Chapter 17.74 of the Lake Elsinore Municipal Code have been satisfied. SECTION 2. The Planning Commission finds and determines that in accordance with CEQA Guidelines Section 15162, Conditional Use Permit 2007 -25 does not propose substantial changes and does not present any new information, circumstances, or changes to the Project that was analyzed under the Oak Groves Crossing Final Environmental Impact Report. The Conditional Use Permit application is part of the whole action analyzed in the Oak Groves Crossing Final Environmental Impact Report. The Conditional Use Permit does not change density or intensities of use. Therefore, it is not necessary to conduct any further environmental review for the Project. 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 approval of CUP 2007 -25: 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. Issuance of this Conditional Use Permit will facilitate the creation of a well balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses. The proposed land use conforms to the objectives of the General Plan and the purpose of the planning district in which the site is located. 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. All applicable City departments and agencies have been afforded the opportunity to review the use permit and their comments have been addressed in the conditions of approval attached to the staff report for this Project. Conditions have been applied relating to the installation and maintenance of landscaping, walls, regulations of points of vehicular ingress and egress and control of potential nuisance. The Project will not result in any negative impacts to the Agenda Item No. 19 Page 31 of 58 PLANNING COMMISSION RESOLUTION NO. 2008- PAGE 3 OF 4 general health, safety, comfort, or welfare of the surrounding neighborhood or the City. 3. 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. The proposed automated teller machine drive -thru facility use has been designed in consideration of the size and shape of the property, thereby strengthening and enhancing the immediate commercial area. Further, the Project will complement the quality of existing development and will create a visually pleasing, non - detractive relationship between the proposed and existing projects in that the facility design has been reviewed to ensure adequate provision of screening from the adjacent properties. 4. 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 the subject use. The automated teller machine drive -thru facility use has been reviewed in relation to the width and type of pavement needed to carry the type and quantity of traffic generated. The City has adequately evaluated the potential impacts associated with the proposed facility prior to its approval and has conditioned the Project to be served by roads of adequate capacity and design standards to provide reasonable access by car and truck. In approving the subject use, there will be no adverse affect on abutting property or the permitted and normal use thereof. The proposed use has been thoroughly reviewed and conditioned by all applicable City departments and outside agencies, eliminating the potential for any and all adverse effects on the abutting property. 6. Adequate conditions and safeguards pursuant to Lake Elsinore Municipal Code Section 17.74.50 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. Pursuant to Lake Elsinore Municipal Code Section 17.74.050, the Project has been scheduled for consideration by the Planning Commission at the regularly scheduled meeting on February 5, 2008. SECTION 4. Based upon the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby approves Conditional Use Permit No. 2007 -25. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. Agenda Item No. 19 Page 32 of 58 PLANNING COMMISSION RESOLUTION NO. 2008 - PAGE 4 OF 4 PASSED, APPROVED AND ADOPTED this 5th day of February, 2008, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman City of Lake Elsinore ATTEST: Rolfe Preisendanz Director of Community Development Agenda Item No. 19 Page 33 of 58 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 COMMERCIAL DESIGN REVIEW NO. 2007 -18 WHEREAS, Glen Daigle of Oak Grove Equities, Inc. filed an application with the City of Lake Elsinore requesting approval of Commercial Design Review No. 2007 -18 for the design and construction of a 5,845 square -foot Bank of America building with related improvements within the existing Oak Grove Crossing Shopping Center complex located on Collier Avenue near the corner of Central Avenue and Collier Avenue APN: 377 - 120 -054 (the "Project "); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of considering and making recommendations to the City Council for commercial design review applications; 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.: "CEQA Guidelines ") public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed project (CEQA Guidelines Section 15006); and WHEREAS, CEQA Guidelines Section 15162 establishes the standard to be used when determining whether further environmental documentation is necessary and says that when an environmental document has already been adopted for a project, no subsequent environmental documentation is needed for subsequent entitlements which comprise the whole of the action unless substantial changes or new information are presented by the project; and WHEREAS, on March 22, 2005, the City of Lake Elsinore approved and certified a project Environmental Impact Report (State Clearinghouse No. 2004111053) for the Oak Grove Crossing Shopping Center, which evaluated the environmental impacts that would result from development of the shopping center, including the pad where the Project will be located; and WHEREAS, the Project does not present substantial changes or new information regarding the potential environmental impacts of development and it is found that no further environmental review would be required; and WHEREAS, on February 5, 2008, at a duly noticed public hearing, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item. Agenda Item No. 19 Page 34 of 58 PLANNING COMMISSION RESOLUTION NO. 2008 - PAGE 2 OF 3 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 Commercial Design Review prior to making a decision to recommend that the City Council approve the application. The Planning Commission finds that the Commercial 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 in accordance with CEQA Guidelines Section 15162, Design Review 2007 -18 does not propose substantial changes and does not present any new information, circumstances, or changes to the Project that was analyzed under the Oak Groves Crossing Final Environmental Impact Report. The Design Review application is part of the whole action analyzed in the Oak Groves Crossing Final Environmental Impact Report and will not change density or intensity of use within the shopping center. It simply establishes standards for color palates, articulation, orientation, and design. Therefore, it is not necessary to conduct any further environmental review for the Project. SECTION 3. That in accordance with State Planning and Zoning Law and the Lake Elsinore Municipal Code, the Planning Commission makes the following findings 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 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 bank building 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 development and will create a visually pleasing, non - detractive relationship between the proposed development and existing projects through the use of architectural design that is similar to Agenda Item No. 19 Page 35 of 58 PLANNING COMMISSION RESOLUTION NO. 2008 - PAGE 3 OF 3 existing buildings in the shopping center. A variety of materials and colors are proposed including architectural stone accents and earth tone colors that blend with surrounding developments and provide 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 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 February 5, 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 approves Commercial Design Review 2007 -18. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 5th day of February, 2008, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman City of Lake Elsinore ATTEST: Rolfe M. Preisendanz Director of Community Development Agenda Item No. 19 Page 36 of 58 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2007 -25 AND COMMERCIAL DESIGN REVIEW NO. 2007 -18 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 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 single family residential project attached hereto. 2. 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. PLANNING DEPARTMENT 3. 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 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 Building Permits. 4. All Conditions of Approval shall be reproduced upon page one of building plans submitted to the Building and Safety Division for Plan Check. 5. Applicant shall comply with all applicable mitigation measures listed in the Mitigation Monitoring Program associated with the Environmental Impact Report for the Oak Grove Crossing Shopping Center. 6. 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. 7. 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 Lake Elsinore 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. Agenda Item No. 19 Page 37 of 58 8. The Applicant shall comply with the City's Noise Ordinance. Notwithstanding the foregoing, with regard to hours of operation, 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. 9. The proposed location of onsite construction trailers shall be approved by the Community Development Director or Designee. 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 Community Development Director or Designee. 10. The Applicant shall comply with all applicable City codes and ordinances. Conditional Use Permit No. 2007 -25 11. The Conditional Use Permit shall comply with all applicable requirements of the Title 17 of the Lake Elsinore Municipal Code, unless modified by approved Conditions of Approval. 12. The Conditional Use Permit granted herein shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of this approval. 13.The hours of operation for the drive -thru ATM facility shall be limited to the hours of operation expressed within the Business Plan submitted. 14.The Applicant shall at all times comply with Lake Elsinore Municipal Code Section 17.78 relating to noise control. 15. Exterior security lighting shall be provided in association with the drive -thru ATM facility. The lighting shall be shielded and directed on -site so as not to create glare onto neighboring properties. The proposed light fixtures shall compliment the building architecture and shall be reviewed and approved by the Director of Community Development or Designee. 16. Necessary traffic circulation signage shall be erected onsite in association with the drive -thru ATM lanes and one -way drive aisle around the rear and sides of the bank building. Signage shall be reviewed by the Community Development Director or Designee. 17.All security measures requested by the Riverside County Sheriffs Department shall be followed and adhered to at all times. Commercial Design Review No. 2007 -18 18.Approval for Commercial Design Review No. 2007 -18 will lapse and be void unless building permits are issued within one (1) year following the date of approval. Agenda Item No. 19 Page 38 of 58 19. Unless specifically provided otherwise in these conditions, any alteration or expansion of a project for which there has been a "Design Review" approval as well as all applications for modification or other change in the conditions of approval of a "Design Review" shall be applied for in accordance with the provisions of Section 17.82.120. 20. No structure which has received a "Design Review" or "Minor Design Review" approval shall be occupied or used in any manner or receive a Certificate of Occupancy until the Director of Community Development has determined that all Conditions of Approval have been complied with. 21.All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. 22. Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission /City Council through subsequent action. 23.All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any material covering the roof equipment shall match the primary wall color. 24.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 or Designee. 25.All freestanding and wall mounted signage proposed onsite shall comply with the currently approved "Lake Elsinore Center Sign Criteria" document. 26.All wall mounted signage, proposed on the building, including logos, shall be designed with dual (halo) illumination. 27.All ground mounted directional signage proposed in association with the drive -thru facility shall be designed with a stone veneer base to match the stone veneer on the building. The stone base shall extend a minimum of six inches beyond the sides of the sign. 28.Applicant shall comply with all ADA (Americans with Disabilities Act) requirements. 29.A covered trash enclosure is required. Details of the trash enclosure shall be included in the Plan Check submittal package. The trash enclosure shall be constructed prior to issuance of Certificate of Occupancy. 30. No exterior roof ladders shall be permitted. 31.All exterior downspouts shall be concealed within the buildings. Agenda Item No. 19 Page 39 of 58 32. Materials and colors depicted on the plans and materials board shall be used unless modified by the Director of Community Development or Designee. The colors and materials include the following: a. Cement Plaster Walls: Whole Wheat b. Wainscot Walls: Sycamore Tan c. Cornice Trim: Tequila d. Steel Trellis: Roycroft Adobe e. Entry Canopy: Brite Red f. Stone Veneer: El Dorado Stone g. Storefront Glass: Insulated clear glass "Solarban" 60 33. Parking stalls shall be double- striped with four -inch (4 ") lines two feet (2) apart. 34.All exposed slopes in excess of three feet (3') in height shall have permanent irrigation system and erosion control vegetation installed and approved by the Planning Division. 35. On-site surface drainage shall not cross sidewalks. Prior to Issuance of Building /Grading Permit 36. Prior to issuance of Building Permit, the Applicant shall submit a photometric study to the Community Development Department for review and approval. The study shall show locations of all exterior lighting fixtures and shall verify that a minimum 1 -foot candle of illumination is achieved throughout the onsite parking area. Moreover, the study shall demonstrate that a minimum of 5 -foot candles are achieved at building entrances. 37.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, prior to issuance of building permit. 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. Agenda Item No. 19 Page 40 of 58 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. 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 ten percent (10 %) 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 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. j. 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. 38. Prior to issuance of building permits, the Applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 39. Prior to issuance of building permits, the Applicant shall provide assurance that the Public Building Impact Fee has been paid. 40. Prior to issuance of building permits, the Applicant shall provide assurance that the Library Capital Improvement Fund fee has been paid. 41. Prior to issuance of building permits, the Applicant shall provide assurance that all Multiple Species Habitat Conservation Plan fees have been paid. 42. Prior to issuance of building permits, the Applicant shall provide evidence that all Riverside County Fire Department standards and requirements have been complied with. Agenda Item No. 19 Page 41 of 58 ENGINEERING DIVISION General Conditions 43.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 44. 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 applying for a building permit. 45. 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. 46.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". Grading 47. Developer shall obtain all necessary off -site easements for off -site grading, if any, from the adjacent property owners prior to issuance of grading permit approval. 48.Apply and obtain a grading permit with appropriate security prior to any grading activity. 49.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. 50.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. Agenda Item No. 19 Page 42 of 58 51.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 52. Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs shall drain to a landscaped area. Driveways shall be sloped to drain into landscaping prior to entering street facilities. 53. Provide a solid roof over the trash area. Fees 54. Pay all Capital Improvement and Plan Check fees (LEMC 16.34). The current traffic mitigation fee is $3.84.00 per square foot of building; and the current TUMF amount is $5.71.00 per square foot of building; the amount of fees shall be adjusted according to the fee schedule current at the time of payment. Stormwater/ Cleanwater Protection Program 55. City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances rp ohibit the discharge of waste into storm drain system or local surface waters. This includes non -storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, What You Should Know" describing preventing measures are available at City Hall. PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, or waterways - without Regional Water Quality Control Board permit or waver — is strictly prohibited by local ordinances and state and federal law. ADMINISTRATIVE SERVICES DEPARTMENT 56. Prior to approval of the Final Map, Parcel Map, Site Development Plan, Special Use Permit or building permit (as applicable), 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. Applicant shall make a four thousand seven hundred dollar ($4,700) non - refundable deposit to cover the cost of the annexation process. Contact Dennis Anderson, Harris & Associates at (949) 655 -3900 x334 or d and erson(aharris- assoc.com. Agenda Item No. 19 Page 43 of 58 COMMUNITY SERVICES DEPARTMENT 57. The Applicant shall pay park fees of $0.10 per square foot for all interior commercial space. 58.The Applicant shall participate in the Citywide Landscaping and Lighting Maintenance District. 59.The Applicant 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 60.The Applicant shall comply with all of the attached Riverside County Fire Department conditions and standards. End of Conditions Agenda Item No. 19 Page 44 of 58 LAKE ELSINORE FIRE CONDITIONS OF APPROVAL CUP 2007 -25 Bank of America January 3, 2008 General Conditions CASE — CITY CASE STATEMENT 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: USE - #005- ROOFING MATERIAL All buildings shall be constructed with class B roofing materials as per the California Building Code. USE -#50 -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. USE * - #23 — MIN REQ FIRE FLOW Minimum required fire flow shall be 1500GPM for 2 hour duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed 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. USE -#20 -SUPER FIRE HYDRANT The average spacing between Super fire hydrant (s) (6" x 4" x 2 ' /2' x 2 % " ) shall be not exceed 500 feet between hydrants and have a maximum distance of 250 feet from any point on the street or road frontage to a hydrant.as measured along approved vehicular travel ways. USE-#31-ON/OFF NOT LOOPED HYD A combination of on -site and off site super fire hydrants, not on a looped system with the average spacing between Super fire hydrant (s) (6" x 4" x 2'Y2 ") shall be not exceed 500 feet between hydrants and have a maximum distance of 250 feet from any point on the street or road frontage to a hydrant as measured along approved vehicular travel ways. The required fire flow shall be available from any adjacent hydrants (s) in the system. USE -#89 -RAPID ENTRY KNOX BOX Rapid entry Knox key storage box shall be installed on outside of the building. Plans shall be submitted to the Lake Elsinore Fire Services for approval prior to installation (Current plan check fee is $126.00) Agenda Item No. 19 Page 45 of 58 USE - #75 -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." USE - #17A -BLDG PLAN CHECK $ Building plan check 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. USE - #51- 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. USE44 —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 USE445 — 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. USE * -#77 -SUPER FH /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 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. The average spacing between Super fire hydrant (s) (6" x 4" x 2' /z ") shall be not exceed 500 feet between hydrants and have a maximum distance of 250 feet from any point on the street or road frontage to a hydrant as measured along approved vehicular travel ways. Agenda Item No. 19 Page 46 of 58 USE - #12A- SPRINKLER SYSTEM Install a complete fire sprinkler system per NFPA 13 2002 edition (13D and 13R system are not allowed) 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, and the minimum of 25 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 $164.00 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) USE -#83- AUTO /MAN FIRE ALARM Applicant or developer shall be responsible to install a manual and automatic Fire Alarm System. Plans must be submitted to the Fire Department for approval prior to installation. (Current plan check fee $627.00) USE - #27- EXTINGUISHERS Install portable fire extinguishers with a minimum rating of 2A -106C and signage. Fire Extinguishers located in public areas shall be in a recessed cabinets mounted 48" (Inches) to enter above the floor level with Maximum 4" projection from the wall. Contact Fire Department for proper placement of equipment prior to installation. USE -#32- TITLE 19 Comply with Title 19 of the California Administrative Code. Agenda Item No. 19 Page 47 of 58 O 00 c^d to r^-1� � h�l c p o � N cn rn U N Cd N CC1 �� V z 0 O V] ii r. 6 A O O r N J O O W w U � w � 0 cA a a Agenda Item No. 19 Page 48 of 58 J !s W O � £�gj3jEgig Will 5.a sa� €F w¢ s W 00 s<s ME R W HVI g � �¢j 3 J q W S ~ � 3 i 7 FU V W Wj i JIQ MA J h z 2 O W H J Q U M. F W 2 F K W W 2 I U F w J � 1 w U g� 6 46 gg� W O Will W j ME R W HVI g � �¢j � y pQk y y� E _� �2& z 0 3 29 6 J 7 3g F- W gg @@ a §§ SS O a g 3k dd§ a 0a 3 J q W S ~ � 3 i 7 FU V W Wj i JIQ MA J h z 2 O W H J Q U M. F W 2 F K W W 2 I U F w J � 1 w U g� 6 46 gg� J Will e o j ME R � is HVI g � �¢j €v g6 y pQk y y� E _� 3 29 r R a € &$ S �s K`G E H 8 cc 0 q¢ g 9 [ u�w g gg 99 �J�� gg� Q qg x x pW d ppIX tt ¢ f5k pp � p$ 6 a Q z 0 a 0 J ►n I 0 w a 0 v a w 3 0 w yy� €a 6 3G�2£ Agenda Item No. 19 — Page 49I f 58 F 000 all r.:�ai`i �aQa�.7,ari ri �i.r 'r�.r r.rAL'. r.,. :•�.9 �? �a laa��r +io4.�.�. as ►arga \aa ii •.�� �i� at4 � I� IIP Ir ' MON � " ti a ti'ti r �j`1v��a r la' ►aaa app aaaaa.aaa� pa.• 11�.' .� � ii i•i�t ►i iii \ate �r 19 58 J J OU a Ye K W O W 0 a W 3 o„ a �88�3 d �4s Agenda Item lNo. 19 of 58 J F. � . .. � Rill •\ . ! % Ou ,(r�q •p ;!$r. !! _ | |I!\ $ 19 it, |Mw@& /&m §Q 00 _ Gee e,0 00000 0600000000 \ !m , \ 3nN3AV H311103 � � Z XE Agenda Item No. m Page 5� m OU rm r �R� a�fi d �8 tl � ; ac E SL YX ¢ � � 0• 6L § Y3 m � �� ¢ S i €S e - O 00 ©00000.8 ®s ®® ® ® ®mO O® 0g® ®® ®® 0 ®® ®G0 ® ®® m • - ^ Ir C o t N I Q 1 19 58 � ,p. � } b � oo.: . $ 2 s) [ /) \ ƒ §(� |)| } §! �H( ¥6 hDH � | |)! !@ , § - | |ƒ Ire !i # #,♦ I I I i II I .7 \ Item No. m g�¥a F. 06 ,) !.. � 1 lie §�'!! _ems _e__,_ (� ♦� ++ m \| .71 � 19 q -1 { [ C> C> — . /i� ƒ \ ƒ §� � ( �\ 6 �/ � $ ■ � $ B A. a �a ■�. .� .� o st .S \A' :� N� ■ � Eli' CITY OF ;ice LADE L LSIh0RJE 7 DREAM EXTREME- ACKNOWLEDEGEMENT OF DRAFT CONDITIONS RE: Conditional Use Permit No. 2007 -27 and Commercial Design Review No. 2007 -18 I hereby state that I/We acknowledge the draft Conditions of Approval for the above named project. I/We 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: O { Applicant's Signatu Print Name: Address: Phone Number: re: Agenda Item No. 19 Page 58 of 58 CITY OF LAKE E LSI110P, ` DREAM EXTREM& REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: FEBRUARY 26, 2008 SUBJECT: APPROVAL OF AN EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 33486 Background On February 28, 2006, the City Council approved Mitigated Negative Declaration No. 2005 -05 (SCH No. 2005121086), Zone Change No. 2005 -02, and Tentative Tract Map No. 33486. Tentative Tract Map 33486 proposed to subdivide approximately 24 acres into 83 single family residential lots (including two existing single family residences). Lots ranged in size from 7,200 square feet to 12,166 square feet averaging 9,437 square feet. Location The project site is located in the northern section of the City on Machado Street between Zieglinde and Lakeshore Drives (APN 379 - 150 -001, 002, 041 thru 044). The project is not located within a Redevelopment Area. Discussion Section 16.24.160.6 of the Lake Elsinore Municipal Code (LEMC) allows up to thirty - six months for an extension of time for Tentative Tract Maps. Therefore, the applicant is requesting the maximum time allowed for an Extension of Time which is thirty -six months or until February 26, 2011. Fiscal Impact The Tentative Tract Map has been conditioned to annex into the Lighting and Landscaping Maintenance District No. 1 to offset fiscal impacts that may occur for street lighting and /or right -of -way landscaping costs and also conditioned to annex into Community Facilities District No. 2003 -01 to offset any negative fiscal impacts relating to pubic safety operations and associated maintenance issues. Agenda Item No. 20 Page 1 of 22 Report to City Council Extension of Time for Tentative Tract Map No. 33486 February 26, 2008 Page 2 of 2 Recommendation Waive further reading and adopt a resolution approving an extension of time for Tentative Tract Map No. 33486. Prepared By: Linda M. Miller, AICP(X� Project Planner Approved By: Robert A. Brady City Manager Attachments: 1. Vicinity Map 2. City Council Resolution approving an Extension of Time for Tentative Tract Map No. 33486 3. Conditions of Approval 4. Reductions - Tentative Tract Map No. 33486 5. Planning Commission Staff Report dated January 17, 2006 6. Full Sized Copy — Tentative Tract Map No. 33486 Agenda Item No. 20 Page 2 of 22 VICINITY MAP APIA 3 001, 002, 041 THR 0044 E a i c�yF ONE PROJECT SITE TO R Qv Agenda Item No. 20 Page 3 of 22 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AN EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 33486 WHEREAS, representing Corman Leigh Communities, filed an application with the City of Lake Elsinore requesting approval of an Extension of Time for Tentative Tract Map No. 33486 (the "Extension "); and WHEREAS, the six (6) lot, 24 acre parcel, is proposed to be subdivided into eighty -three (83) lots including two (2) existing lot and associated improvements; and WHEREAS, the 24 acre parcel is located on Machado Street between Zieglinde Drive and Lakeshore Drive (APN's 379 - 150 -001, 002, and 041 thru 044); and WHEREAS, Subdivision B of Section 16.24.160 of the Lake Elsinore Municipal Code says that the approval of a tentative minor land division map shall expire after twenty -four (24) months, unless within that period of time a final map has been filed with the County Recorder, or the land divider has applied for an extension for a period or periods not exceeding thirty -six (36) months; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA ") and the State Guidelines for Implementation of CEQA (14 C.C.R. §§ 15000 et seq.: "CEQA Guidelines "), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed project (CEQA Guidelines Section 15006); and WHEREAS, CEQA Guidelines Section 15162 establishes the standard to be used when determining whether subsequent environmental documentation is necessary and says that when an environmental document has already been adopted for a project, no subsequent environmental documentation is needed for subsequent entitlements which comprise the whole of the action unless substantial changes or new information are presented by the project; and WHEREAS, on February 28, 2006, the City Council of the City of Lake Elsinore, adopted Mitigated Negative Declaration No. 2005 -05 and Mitigation Monitoring and Reporting Program (SCH No. 2005121086) in accordance with the requirements of the CEQA and the CEQA Guidelines; and WHEREAS, the Extension is found to be in conformance with the originally approved Tentative Tract Map and the Extension does not present new information regarding the potential environmental impacts of development; and 1 Agenda Item No. 20 Page 4 of 22 WHEREAS, the City Council has considered evidence presented by the Community Development Department and other interested parties at a public meeting held with respect to this item on February 26, 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 proposed Extension of Time, and has found it acceptable. Section 2. That in accordance with CEQA and the CEQA Guidelines, the City Council finds that the Extension of Time conforms with the originally approved map, and does not present any new information, circumstances, or changes to the project that was analyzed under Mitigated Negative Declaration No. 2005 -05. The extension of time does not change density or intensity of use. It simply extends the land use entitlement for an additional thirty-six (36) months, allowing the applicant more time within which to develop the property in accordance with conditions of approval. Therefore, it is not necessary to conduct any further environmental review for the Project. Section 3. That in accordance with Lake Elsinore Municipal Code Section 16.24, the City Council makes the following findings for the approval of the Extension of Time for thirty-six (36) months for Tentative Tract Map No. 33486: 1. The Extension of Time for the subdivision known as Tentative Tract Map No. 33486 is consistent with the City's General Plan. The single family development, as designed, assists in achieving a well - balanced and functional mix of land uses. The design of the single family development and density are consistent with the General Plan. 2. The effects that this project are 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. a. The project is consistent with the City's General Plan. During the approval of the City's General Plan, housing needs, public services and fiscal resources were scrutinized to achieve a balance within the City. b. The project is conditioned to annex into Community Facilities District 2003 -01 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. C. The project is conditioned to 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 2 Agenda Item No. 20 Page 5 of 22 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. 3. The design of the proposed division of land or type of improvements is not likely to cause serious public health problems. Tentative Tract Map No. 33486 is conditioned to comply with all development standards of the Lake Elsinore Municipal Code and the General Plan. These standards have been prepared and reviewed to benefit the public health, safety and welfare of Lake Elsinore guests and residents. 4. The design of the proposed division of land or type of improvements will not conflict with easements acquired by the public at large, for access through or use of property within the proposed division of land. All known easements or requests for access have been incorporated into Tentative Tract Map No. 33486. The map has been circulated to City departments and outside agencies, and appropriate conditions of approval have been applied for their approval during construction. Section 4. Based upon the evidence presented, the above findings, and the attached conditions of approval imposed upon the Extension, the City Council hereby approves an extension of time not to exceed thirty-six (36) months for Tentative Tract Map No. 33486. Section 5. This Resolution shall take effect from and after the date of its passage and adoption. 2008. PASSED, APPROVED AND ADOPTED on this 26th day of February ATTEST: VIVIAN M. MUNSON CITY CLERK DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE 3 Agenda Item No. 20 Page 6 of 22 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 26th day of February 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 22 CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO. 2005 -05, TENTATIVE TRACT MAP NO. 33486 (PURSUANT TO EXTENSION OF TIME 2- 26 -08) GENERAL CONDITIONS 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Tentative Tract Map, which action is bought within the time period provided for in California Government Code Sections 65009 and /or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. yam r��r� rrcry�resrirrsornrrr■ R*ORrnental Filing. Completed per Planning Division 3. The applicant shall comply with those mitigation measures identified in the Mitigated Negative Declaration No. 2005 -05 /Mitigation Monitoring Plan. TENTATIVE TRACT MAP NO. 33486 4. The Tentative Tract Map will expire two (2) years from date of approval unless within that period of time CC &R's, if required, and an appropriate instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 5. The Tentative Tract 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. 6. Prior to final certificate of occupancy of the Tentative Tract Map, the improvements specified herein and recommended approval by the Planning Commission and approved by 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. 7. In the event an association or other legally responsible entity fail to maintain applicable improvements in such a manner as to cause same to constitute a public nuisance, said Agenda Item No. 20 Page 8 of 22 CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO. 2005 -05, TENTATIVE TRACT MAP NO. 33486 (PURSUANT TO EXTENSION OF TIME 2- 26 -08) impose a lien for the costs of such abatement upon said common area, individual units or whole thereof as provided by law. 8. Prior to construction of the proposed detention basin, a Fencing Plan shall be submitted for review and approval by the Planning Division. 9. Prior to Final Map recordation, in the event that an LLMD or other acceptable entity is not formed, the applicant shall initiate and complete the formation of a Homeowner's Association, approved by the City, recorded and funded in place. All Association documents shall be approved by the City and recorded, such as Articles of Incorporation for the Association, and Covenants, Conditions, and Restrictions (CC &R's). 10. Membership in the Home Owner's Association, if required, shall be mandatory for each buyer and any successive buyer. ADMINISTRATIVE SERVICES 11. Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall annex into Community Facilities District 2003- 01 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. 12. Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall annex into Lighting and Landscaping 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. 13. Upon completion of the Fire Station Impact Study and other impact fee studies, Developer shall pay impact fee. 14. Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall form a Mello -Roos Community Facility District to fund the on -going operation and maintenance of the new parks, parkways, open space and public storm drains constructed within the development and federal NPDES requirements to offset the annual negative fiscal impacts of the project. Agenda Item No. 20 Page 9 of 22 CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO. 2005 -05, TENTATIVE TRACT MAP NO. 33486 (PURSUANT TO EXTENSION OF TIME 2- 26 -08) ENGINEERING DIVISION General Requirements: 15.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. 16. Prior to commencement of grading operations, if off -site soils transport is required, applicant to provide 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. 17. 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. 18. Tract Phasing Plan shall be approved by the City Engineer. Bond public improvements for each Phase as approved by the City Engineer. Secondary access shall be provided for each phase. 19. An Encroachment Permit shall be obtained prior to any work on City right -of -way. 20.AII utilities except electrical over 12 KV shall be placed underground, as approved by the serving utility. 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. 21. 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. 22. The applicant shall install permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 23.19 Applicant shall pay all applicable development fees, including but not all inclusive: TUMF, MSHCP, TIF and area drainage fees. 24.10 year storm runoff shall be contained within the curb and the 100 year storm runoff shall be contained within the street right -of -way. When either of these criteria is exceeded, drainage facilities shall be provided. 25.Applicant shall protect all downstream properties from damages caused by alteration of the drainage patterns, i.e., concentrations or diversion of flow. Protection shall be Agenda Item No. 20 Page 10 of 22 CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO. 2005 -05, TENTATIVE TRACT MAP NO. 33486 (PURSUANT TO EXTENSION OF TIME 2- 26 -08) provided by constructing adequate drainage facilities including enlarging existing facilities and /or by securing a drainage easement. A maintenance mechanism shall be in place for any private drainage facilities constructed on -site or off -site. Any grading or drainage onto private off site or adjacent property shall require a written permission to grade and /or a permission to drain letter from the affected landowner. 26. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. An access road for maintenance to detention/water quality basins shall be provided. 27.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 %2' x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 28.A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 29.Street improvements including street lighting, traffic signals, and traffic signing and striping shall be required as part of this project. The improvements shall be prepared by a registered civil engineer and shall meet city and /or riverside county standards. 30.Street lighting and landscaping on public right -of -way shall be maintained by a maintenance assessment district. 31.All open space and slopes and detention basin shall be owned and maintained by an LLMD. If an LLMD or other appropriate entity cannot be formed, then maintenance shall be provided by a home owner's association. An access road for maintenance shall be provided. 32. 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. 33. Protect palm trees in place, or contact the Community Services of City of Lake Elsinore for Palm Tree Preservation Program, LEMC 5.78 Ordinance 1044. 34.0n -site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a letter of drainage acceptance, or conveyed to a drainage easement. 35.All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. Agenda Item No. 20 Page 11 of 22 CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO. 2005 -05, TENTATIVE TRACT MAP NO. 33486 (PURSUANT TO EXTENSION OF TIME 2- 26 -08) 36. Roof drains shall not be allowed to outlet directly through coring in the street curb. 37. Roofs should drain to a landscaped area. 38.Applicant shall comply with all NPDES requirements in effect; including the submittal of a Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. 39.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 storm water quality in the Riverside county NPDES Drainage Area Management Plan. Prior to Approval of final Map, unless other timing is indicated, the subdivider shall complete the following or have plans submitted and approved, agreements executed and securities posted: 40.Applicant shall form or annex into an LLMD. If an LLMD or other appropriate entity cannot be formed, then the applicant shall record CC & R's for maintenance of, the detention basin and street lighting within the project. The CC & R's shall be approved by the Planning Director prior to recordation of final map. 41.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. 42.Applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to final map approval. 43.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. 44. Make an offer of dedication for all public streets and easements required by these conditions or shown on the Tentative Map. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the city. 45. Some of the improvements shown on the Map and /or required by these conditions could be located off -site on property which neither the City nor the subdivider may have no title or interest to permit the improvements to be made without acquisition of title or interest. The subdivider shall pay all costs for acquisition of title or interest. 46.A Calif. Registered Civil Engineer shall prepare street and drainage improvement plans and specifications. Improvements shall be designed and constructed to Riverside Agenda Item No. 20 Page 12 of 22 CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO. 2005 -05, TENTATIVE TRACT MAP NO. 33486 (PURSUANT TO EXTENSION OF TIME 2- 26 -08) 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 and at centerline of the alley. The profiles and contours will extend to 50' beyond the property limits. 47. Interior streets shall be dedicated and improved to public residential street standards (40'160') or as shown in the map. 48. Construct a traffic signal at Terra Cotta Road and Lakeshore Drive as required by the Traffic Study contained within the Mitigated Monitoring Program. Note that this location is covered under the TIF program. The applicant may ask for a reimbursement agreement subject to the approval of the City Engineer. 49. Construct half -width street improvements along the project frontage on Machado Street. The improvements include ac pavement, ac transitions, curb and gutter, sidewalk, street lighting, and signing striping. 50. Construct a paved pedestrian connection that provides access from Terra Cotta Road to the ac paved road at the northeast corner of the property. 51. Install survey monument at Terra Cotta Road and "A" Street. 52. Contribute on a fair share basis to the cost of traffic improvements as listed in Table 6 -1 of the Traffic Study prepared by Urban Crossroads dated October 10, 2005. Prior to Issuance of a Grading Permit: 53.Submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer. Developer shall mitigate increased in runoff, flooding and /or erosion downstream caused by development of the site and /or diversion of drainage. 54. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 55.An Alquist - Priolo study shall be performed on the site to identify any hidden earthquake faults and /or liquefaction zones present on -site. 56.The applicant shall obtain all necessary off -site easements for off -site grading and /or drainage acceptance from the adjacent property owners prior to grading permit issuance. Agenda Item No. 20 Page 13 of 22 CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO. 2005 -05, TENTATIVE TRACT MAP NO. 33486 (PURSUANT TO EXTENSION OF TIME 2- 26 -08) 57.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. 58.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 and including maintenance responsibilities. Prior to Issuance of Building Permit: 59.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 60. Street dedications and abandonment shall be processed and approved prior to building permit issuance. 61. 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 applying for a building permit. 62. Pay all Capital Improvement Mitigation and Plan Check fees (LEMC 16.34). 63. Pay the fair share cost of Traffic Improvements required in the traffic study. Prior to Occupancy: 64. Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC12.08, Res.83 -78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 65.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. Agenda Item No. 20 Page 14 of 22 CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO. 2005 -05, TENTATIVE TRACT MAP NO. 33486 (PURSUANT TO EXTENSION OF TIME 2- 26 -08) 66.AII compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of off -site improvements will be scheduled and approved. 67.AII public improvements shall be completed in accordance with the approved plans to the satisfaction of the City Engineer. 68.AII traffic signing and striping shall be completed in accordance with the approved plans to the satisfaction of the City Traffic Engineer. 69. Water and sewer improvements shall be completed in accordance with Water District requirements. 70. The Traffic Signal at Terra Cotta Road and Lakeshore Drive shall be completed and in operation as required by the Traffic Study contained within the Mitigation Monitoring Program. End of Conditions Agenda Item No. 20 Page 15 of 22 a n; � a — j a �m" •� aY I I s u I I 4y 88yy$dz � ee {kyj ffi _ 1g a1 kk SUN e ,. Il�jfbl i I" a ^ �raxxlfr' II Ms 00 LLT S E CO C') LL G P, L °z� r �i0 °zC AID MAAA • •a ^ `, Wl Y g tl B Z %WC ION 8I e LL ~ a fag y �� "����p��aok 7 a, �•y'' �.wma, BRe�� pB$ a$s es $x aall'fig E $� v ; %A a k q b 4 g y gC�° €g lot . R a An7 ;B �C 4:�+e4 �b'•� a'� f �� B �. 6a a e kg@ baa 89 nd 78a § 9a a atl ^S Q ggtl:g s g A s ea• �mi$e ¢ :��a_ $ � 3§' °3 € � � `�` ,g't? ° 8 °.a $ z �a v b§ SeBeg$�a gg5�Sb ?3 gyv �.5 % �Ba 9sg "s k p[•ppqp' g,£ i gg a 2A rc yppa�§ YB I y_ ei�B § BR "e'.% F !j�§ bn jjA `$4 °z $_ R11 $gs 3y $ j � ae� % +a iaa I ? pi �Y11 ag §'k_ o §$ i § .gyp § Sk @Hep8g S§ ' 84 R; al§ as S % 11; y 1111 s "x 8 sI $ 2 iMAR m U 1 s� is %9111 s €< %$ E 30B €s Es s3 i a©e 6 ©� a ©Q by�� Bay Agenda Item No. 20 Page 16 of 22 City 4 Planning Di,iiiert 130 S Man S. lake Ebk.o CA 92530 (909) 674 -3131 (909) 471 -1419 B DATE: TO: FROM: PROJECT TITLE: APPLICANT: PROJECT REQUEST PLANNING COMMISSION STAFF REPORT January 17, 2006 Rolfe Preisendanz, Director of Community Development Linda M. Miller, Project Planner, AICP Mitigated Negative Declaration No. 2005 -05, Zone Change No. 2005 -02 and Tentative Tract Map No. 33486 Corman Leigh Communities, 32823 Highway 79 South, Temecula, California 92592 Attention: David Leonard Mitigated Negative Declaration No. 2005 -05. The City of Lake Elsinore intends to adopt a Mitigated Negative Declaration (MND) pursuant to the Guidelines established by the California Environmental Quality Act (CEQA). Zone Change No. 2005 -02. The applicant is requesting to change the existing zone of R -E (Estate Single - Family Residential District) to R -1 (Single - Family Residential District) bringing the property into conformance with the City of Lake Elsinore's General Plan. Review and analysis of the requested Zone Change is pursuant to Government Code Section (s) 65350 through 65362 and Chapter 17.92 (Hearings) of the Lake Elsinore Municipal Code (LEMC). Tentative Tract Map No. 33468. The applicant is requesting approval to subdivide 23.46 acres into 83 single family residential lots pursuant to Section 16 "Subdivisions" of the Lake Elsinore Municipal Code (LEMC), Chapter 17.23 (R -1 Single Family Residential District) of the LEMC, and Sections (s) 66424 and 66427 of the California Subdivision Map Act (CSMA). BACKGROUND The project contained herein was originally scheduled for the December 20, 2005 Planning Commission Meeting. In order to complete the mandatory public review period for Mitigated Agenda Item No. 20 Page 17 of 22 PLANNING COMMISSION STAFF REPORT January 17, 2006 Page 2 of 6 PROJECT TITLE: MITIGATED NEGATIVE DECLARATION NO. 2005 -05, ZONE CHANGE NO. 2005 -02, AND TENTATIVE TRACT MAP NO. 33486 Negative Declaration No. 2005 -05 as requited under Section 15073 (Public Review of a Proposed Negative Declaration or Mitigated Negative Declaration) of the California Environmental Quality Act (CEQA), staff requested, with the consent of the applicant, that this item be continued to the January 17, 2006 Planning Commission Meeting. PROJECT LOCATION The project is located in the northern section of the City of Lake Elsinore. The site is generally located northeast of Zieglinde Drive and northwest of Machado Street (APN's 379- 150 -001, 002, 041, 042, 043, and 044). ENVIRONMENTAL SETTING Project Site Vacant R -E (Estate Single - Family Residential District) Low Medium Density Northwest Residential R -1 (Single - Family Residential Low Medium District) Density Northeast Residential R -1 (Single - Family Residential Low Medium District) R -E (Estate Single- Density, Low Family Residential District), R -2 Density, (Medium Density Residential Medium High Southeast Residential /Church R -E (Estate Single - Family Medium High Residential District), R -2 Density (Medium Density Residential Southwest Residential R -E (Estate Single - Family I Low Density Residential District) PROJECT DESCRIPTION ZONE CHANGE NO. 2005 -05 The applicant is requesting to change the zone of the project site from R -E (Estate Single - Family Residential District) to R -1 (Single - Family Residential District). This change will bring the zoning designation into conformance with the General Plan Designation of Low Medium Density. The R -1 zone allows up to six (6) dwelling units per acre. The project proposes 3.54 dwelling units per acre. Agenda Item No. 20 Page 18 of 22 PLANNING COMMISSION STAFF REPORT January 17, 2006 Page 3 of 6 PROJECT TITLE: MITIGATED NEGATIVE DECLARATION NO. 2005 -05, ZONE CHANGE NO. 2005 -02, AND TENTATIVE TRACT MAP NO. 33486 TENTATIVE TRACT MAP NO. 33486 The applicant is proposing to subdivide 23.46 acres into 83 single family residential lots. Eighty -one (81) of the lots range in size between 7,200 square feet and 12,166 square feet meeting the minimum lot size requirement of 6,000 square feet. The average lot size for the subdivision is 9,437 square feet. Two (2) existing residences will remain on Lot 44 (1.0 acres) and Lot 82 (1.36 acres). A detention basin will be constructed on Lot 42. Access There are two (2) primary access routes to the new development, Machado Street, to the northeast and Terra Cotta Road to the northwest. A third access is provided with a connection to Clement Street, to the north of the project. Machado Street is designated as a Major Highway with an ultimate right of way of one hundred feet (100. Terra Cotta Road and Clement Street are both designated as local roads with sixty foot (60� right of ways. ENVIRONMENTAL DETERMINATION The proposed Mitigated Negative Declaration No. 2005 -05 has been prepared pursuant to Article 6 (Negative Declaration Process) and Section 15070 (Decision to Prepare a Negative or Mitigated Negative Declaration) of the California Environmental Quality Act (CEQA). Based on staff's evaluation, the proposed project will not result in any significant effect on the environment. Further, pursuant for Section 15073 (Public Review of a Proposed Negative Declaration or Mitigated Negative Declaration) of the California Environmental Quality Act (CEQA), the intended Mitigated Negative Declaration was submitted to the State Clearinghouse on December 16, 2005 for the required 30 day review period, which will end on January 24, 2006, prior to City Council consideration. ANALYSIS Staff has determined that the proposed Zone Change will bring the property into conformance with the General Plan, and supports this request. Further, staff found that with the recommended Conditions of Approval, the Tentative Tract Map is consistent with the requirements of the Lake Elsinore Municipal Code (LEMC) and the Subdivision Map Act. As proposed the Tentative Tract Map will provide residential development to an infill area that has been vacant for over ten (10) years and will provide needed improvements to the area including roadway and signalization improvements. Finally, Mitigated Negative Declaration No, 2005 -05 has been prepared in accordance with CEQA Guidelines in that the environmental document included herein has sufficiently evaluated the impacts of the project and has identified mitigation measures that will reduce those impacts to less than significant. Agenda Item No. 20 Page 19 of 22 PLANNING COMMISSION STAFF REPORT January 17, 2006 Page 4 of 6 PROJECT TITLE: MITIGATED NEGATIVE DECLARATION NO. 2005 -05, ZONE CHANGE NO. 2005 -02, AND TENTATIVE TRACT MAP NO. 33486 STAFF RECOMMENDATION Staff recommends that Planning Commission adopt Resolution No. 2006 -_, recommending City Council adoption of Mitigated Negative Declaration / Mitigation Monitoring Plan No. 2005 -05; adopt Resolution No. 2006 -_ recommending City Council approval of Zone Change No. 2005- 02; and adopt Resolution No. 2006 -_ recommending City Council approval of Tentative Tract Map No. 33486 based on the following Findings, Exhibits and attached Conditions of Approval. FINDINGS — ZONE CHANGE NO. 2005 -02 The proposed zone change will not be; a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. The proposed Zone Change has been analy .Zed relative to its potentiality to be detrimental to the health, safety, comfort and welfare of the persons residing or working within the neighborhood of the proposed amendment. The primary issue identified by staff relates to the traffic impacts of the proposed density. Staff, concluded, based on the Traffic Impact Report, that the Level of Service for the intersections in the Study Area will not be degraded as a result of the mitigations and conditions of approval placed on this project as well as the ultimate goals and objectives of the General Plan Circulation Element. 2. The proposed action will be consistent with the Goals, Objectives, and Policies of the General Plan and the development standards established with the Lake Elsinore Municipal Code (LEMC). Based on its analysis, staff has concluded that the requested amendment to the General Plan Land Use Map and the corresponding Zone Change, allowing the development of the future condominium project is consistent with GOAL 1.0 of the General Plan Housing Element, obligating the City to provide `decent housing opportunities and a satisfying living environment for residents of Lake Ekinore ". FINDINGS — MITIGATED NEGATIVE DECLARATION NO. 2005-05 Revision in the project plans or proposal made by or agreed to by the applicant before a proposed mitigated negative declaration and initial study are released for public review would avoid the effects or mitigated the effects to a point where clearly no significant effects would occur; and The applicant has made revisions to the project or has agreed to specific conditions which would avoid the effects or mitigate the effects of the project to a point where no significant effects would occur. 2. There is no substantial evidence, in the light of the whole record before the agency, that the project as revised may have significant effect on the environment. Agenda Item No. 20 Page 20 of 22 PLANNING COMMISSION STAFF REPORT January 17, 2006 Page 5 of 6 PROJECT TITLE: MITIGATED NEGATIVE DECLARATION NO. 2005 -05, ZONE CHANGE NO. 2005 -02, AND TENTATIVE TRACT MAP NO. 33486 Pursuant to the evidence received in the light of the whole record presented to staff the project will not have a significant effect on the environment considering the applicable Conditions of Approval and Mitigation Monitoring Plan. FINDINGS — TENTATIVE TRACT MAP NO. 33486 The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The project as designed assists in achieving the development of a well - balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses (GOAL 1. 0, Land Use Element) as well provide decent housing opportunities and a satisfying living environment for residents of Lake Elsinore (GOAL 1. 0, Housing Element) 2. The effects this project is likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. Considering the effects this project is likely to have upon the needs of the region a condition of approval was implemented which would require the applicant to enter into an agreement with the Redevelopment Agency of the City of Lake Elsinore, providing 15% of the units in the project as affordable housing units in accordance with the requirements of Section 33413(b) of the California Community Redevelopment Law or an alternative equivalent action which may include (without limitation) dedication of vacant land, construction of affordable units on another site, or payment of an in lieu fee calculated to provide sufficient funds to underwrite the long -term affordability of an equivalent number of redevelopmentproiect areas. 3. Subject to the attached conditions of approval, the proposed project is not anticipated to result in any significant environmental impact. The project has been adequately conditioned by all applicable departments and agencies and will not therefore result in any significant environmental impacts. PREPARED BY: APPROVED BY: Linda M. Miller, AICP, Project Planner Rolfe Preisendanz, Director of Community Development Agenda Item No. 20 Page 21 of 22 PLANNING COMMISSION STAFF REPORT January 17, 2006 Page 6 of 6 PROJECT TITLE: MITIGATED NEGATIVE DECLARATION NO. 2005 -05, ZONE CHANGE NO. 2005 -02, AND TENTATIVE TRACT MAP NO. 33486 ATTACHMENTS 1. Exhibit `A' Vicinity Map 2. Exhibit B' Reduction of Tentative Tract Map No. 33486 3. Exhibit `C' Mitigated Negative Declaration No. 2005 -05 /Mitigation Monitoring Plan 4. Exhibit `D' Full sized Tentative Tract Map No. 33486 /Zone Change Exhibit 5. Exhibit `E' Full sized color Tentative Tract Map No. 33486 (Presented at the Hearing) Agenda Item No. 20 Page 22 of 22 CITY OF LADE 3LSINOIZE DREAM EXTREME- REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: FEBRUARY 26, 2008 SUBJECT: ACQUISITION OF TAX - DEFAULTED PROPERTIES BY THE CITY OF LAKE ELSINORE Background Annually, the County of Riverside's Treasurer conducts a public auction to sell tax - defaulted properties. At a meeting in December 2008, staff and the Redevelopment Agency Chair identified sixty -one (61) tax - defaulted properties that are suitable for acquisition by the City for a public purpose, including the following public purpose activities: • Acquire housing for utilization as affordable housing for low to moderate - income families; • Assist in the reduction and removal of blighting conditions; • Increase property values and enhance the appearance of existing neighborhoods; • Meet the goals identified in the City's Housing Element, consistent with the Regional Housing Needs Assessment (RHNA) goals; and • Provide ongoing economic development and redevelopment in the community. As directed by the Agency Chair, staff prepared the "Application to Purchase Tax - Defaulted Property Subject to the Tax Collector's Power to Sell" and sent it to the County Treasurer's Office for review on January 7, 2008. Staff received the County's response on February 14, 2008, which included general requests for information and minimum purchase prices. The County requested a resolution from the City Council stating that the City objects to the public sale of the desired parcels, and including an offer to purchase the property, the purchase prices, legal descriptions, assessor's parcel numbers, and the public purposes for such acquisitions. Agenda Item No. 21 Page 1 of 8 Acquisition of Tax - Defaulted Properties February 26, 2008 Page 2 Discussion In order to acquire any tax defaulted properties, the City must adopt a resolution objecting to the public auction of the specific tax defaulted properties and execute an agreement to purchase the properties under the County's Chapter 8 Agreement process. The sixty -one (61) properties are identified in the table below and within the six (6) attached maps. MAP,,ID_ LiPN ACRE `MAP ID APN, 1 378055055 1.39 32 375274046 0.07 2 378100008 0.33 33 375321033 0.05 3 378100017 0.30 34 375321029 0.06 4 378182017 0.11 35 375321030 0.06 5 378182018 0.08 36 375321031 0.05 6 378182035 0.07 37 375321032 0.06 7 379191004 0.14 38 363540003 0.12 8 375032012 0.05 39 363281024 0.06 9 375031016 0.05 40 374043014 0.21 10 375031018 0.04 41 374072026 0.05 11 375031020 0.05 42 374262004 0.09 12 375031023 0.04 43 374262011 0.04 13 375031054 0.05 44 373061009 0.08 14 375031052 0.04 45 373062006 0.11 15 375152049 0.04 46 373083020 0.13 16 375152048 0.05 47 373082021 0.07 17 375042027 0.07 48 373152001 0.10 18 375042028 0.07 49 373132052 0.08 19 375293023 0.16 50 373132053 0.07 20 375293029 0.12 51 373132058 0.08 21 375293030 0.14 52 373132059 0.08 22 375201019 0.07 53 373134024 0.06 23 375223037 0.12 54 373134025 0.07 24 375223036 0.08 55 373134026 0.06 25 375321054 0.04 56 373133002 0.05 26 375321006 0.10 57 373133001 0.03 27 375321053 0.12 58 373135019 0.07 28 375324010 0.09 59 378100009 0.30 29 375274009 0.06 60 378157040 0.12 30 375274010 0.09 61 375201020 0.07 31 375274047 0.08 The adoption of the resolution and execution of the agreement does not guarantee that the City will be able to acquire the sixty -one (61) tax defaulted parcels as the County will give current owners ample opportunity to resolve unpaid property tax payments. However, it is the first stage of the acquisition process (Chapter 8 sale). Pursuant to State guidelines, the County Treasurer's Office requires the following process for the acquisition of these properties: Agenda Item No. 21 Page 2 of 8 Acquisition of Tax - Defaulted Properties February 26, 2008 Page 3 • Submittal of resolution to the County and County preparation of Agreement to Purchase Tax - Defaulted Property (3 -4 months); • Submittal of executed Agreement to Purchase Tax - Defaulted Property to the County Tax Collector's Office; • Tax Collector's Office reviews documentation (2 -3 month process); • Tax Collector's Office submits documentation to the State Controller's Office for authorization to proceed with the Chapter 8 Sale (2 -3 month process); • Once the State Controller's Office authorizes the Chapter 8 Sale, the Tax Collector's Office prepares certifications and notifications to the property owner(s) (2 -3 month process); • Chapter 8 Sale occurs (1 day); and • Deed(s) are sold immediately once funds have been received by the Tax Collector's Office. Overall, the average length of time for the Chapter 8 process is approximately 12 -13 months. Given this timeframe, staff anticipate receiving notification from the Treasurer's Office by April 2009, allowing the Agency to purchase the properties. Fiscal Impact There is sufficient funding available for this property acquisition. If all properties are acquired, it will cost approximately $473,171.79, plus incidental County administrative fees to include a $175 public noticing expense for a grand total of $473,346.79. Due to the length of the acquisition process, funds will not be expended until FY 2008 -09. The Redevelopment Agency may purchase all three (3) of the properties falling within the boundaries of Rancho Laguna Project Area No. 1 ($57,340.64), but the City would need to purchase the remaining fifty -eight (58) identified tax - defaulted properties ($415,831.15). Recommendation Waive further reading and adopt a resolution objecting to the sale of some combination of the tax - defaulted properties identified above and applying to the County Board of Supervisors, County Tax Collector and Treasurer, and State Controller to purchase properties, and authorizing and directing the City Manager to execute the Purchase Tax - Defaulted Property Agreement in the maximum total property purchase amount of $473,171.79, plus $175 for public notices ($473,346.79 grand total). Prepared by: Steven McCarty Redevelopment Project Manager Reviewed by: Matt N. Presse Director of Admini ative Services Approved by: Robert A. Brady] City Manager �Y Agenda Item No. 21 Page 3 of 8 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, OBJECTING TO THE SALE OF TAX- DEFAULTED PROPERTIES IN THE CITY OF LAKE ELSINORE, CALIFORNIA THAT ARE DESIGNATED IN THE BODY OF THIS RESOLUTION; AND APPLYING TO THE COUNTY BOARD OF SUPERVISORS, COUNTY TAX COLLECTOR AND TREASURER, AND STATE CONTROLLER TO PURCHASE THE PROPERTIES; AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE THE PURCHASE TAX- DEFAULTED PROPERTY AGREEMENT IN THE MAXIMUM TOTAL PROPERTY PURCHASE AMOUNT OF $473,171.79, PLUS $175 FOR PUBLIC NOTICES ($473,346.79 GRAND TOTAL) WHEREAS, the Board of Supervisors of the County of Riverside and its Tax Collector intend on selling certain property located within the City of Lake Elsinore that has become tax - defaulted and is identified with the following APNs and legal descriptions in Lake Elsinore, California (the "Property "): Lot 362 AM 048/001 ASSESSORS MAP 48 (378- 055 -055); Lot 565 AM 048/001 ASSESSORS MAP 48 (378- 100 -008); Lot 602 AM 048/001 ASSESSORS MAP 48 (378- 100 -009); Lot 610 AM 048/001 ASSESSORS MAP 48 (378- 100 -017); Lot 425 MB 016/059 COUNTRY CLUB HEIGHTS UNIT A (378- 182 -017); Lot 425 MB 016/059 COUNTRY CLUB HEIGHTS UNIT A (378- 182 -018); Lot 427 MB 016/059 COUNTRY CLUB HEIGHTS UNIT A (378- 182 -035); Lot 5 MB 011/016 WALDVOGEL TR (379- 191 -004); Lot 12 MB 013/035 COUNTRY CLUB HEIGHTS TR UNIT 8 (375- 042 -027); Lot 13 MB 013/035 COUNTRY CLUB HEIGHTS TR UNIT 8 (375- 042 -028); Lot 38 MB 013/035 COUNTRY CLUB HEIGHTS TR UNIT 8 (375- 031 -023); Lot 40 MB 013/035 COUNTRY CLUB HEIGHTS TR UNIT 8 (375- 031 -020); Lot 41 MB 013/035 COUNTRY CLUB HEIGHTS TR UNIT 8 (375- 031 -018); Lot 42 MB 013/035 COUNTRY CLUB HEIGHTS TR UNIT 8 (375 -031- 016); Lot 45 MB 013/035 COUNTRY CLUB HEIGHTS TR UNIT 8 (375- 031 -052); Lot 44 MB 013/035 COUNTRY CLUB HEIGHTS TR UNIT 8 (375- 031 -054); Lot 56 MB 017/003 COUNTRY CLUB HEIGHTS UNIT C (378- 157 -040); Lot 205 MB 014/085 COUNTRY CLUB HEIGHTS UNIT 12 (375- 032 -012); Lot 40 MB 015/080 COUNTRY CLUB HEIGHTS UNIT 20 (375- 152 -049); Lot 40 MB 015/080 COUNTRY CLUB HEIGHTS UNIT 20 (375- 152 -048); Lot 132 MB 014/015 COUNTRY CLUB HEIGHTS UNIT 11 (375- 201 -019); Lot 133 MB 014/015 COUNTRY CLUB HEIGHTS UNIT 11 (375 -201- 020); Lot 52 MB 017/079 COUNTRY CLUB HEIGHTS UNIT 26 (375- 293 -023); Lot 57 MB 017/079 COUNTRY CLUB HEIGHTS UNIT 26 (375- 293 -029); Lot 57 MB 017/079 COUNTRY CLUB HEIGHTS UNIT 26 (375- 293 -030); Lot 2 MB 015/062 COUNTRY CLUB HEIGHTS UNIT 21 (375- 223 -037); Lot 1 MB 015/062 COUNTRY CLUB HEIGHTS UNIT 21 (375- 223 -036); Lot 19 MB 015/037 COUNTRY CLUB HEIGHTS UNIT 18 (375- 274 -009); Lot 16 MB 015/037 COUNTRY CLUB HEIGHTS UNIT 18 (375- Agenda Item No. 21 Page 4 of 8 274 -010); Lot 14 MB 015/037 COUNTRY CLUB HEIGHTS UNIT 18 (375- 274 -047); Lot 14 MB 015/037 COUNTRY CLUB HEIGHTS UNIT 18 (375- 274 -046); Lot 52 MB 016/044 COUNTRY CLUB HEIGHTS UNIT 25 (375- 324 -010); Lot 42 MB 016/044 COUNTRY CLUB HEIGHTS UNIT 25 (375- 321 -006); Lot 43 MB 016/044 COUNTRY CLUB HEIGHTS UNIT 25 (375- 321 -053); Lot 41 MB 016/044 COUNTRY CLUB HEIGHTS UNIT 25 (375- 321 -054); Lot 9 MB 016/011 COUNTRY CLUB HEIGHTS UNIT 23 (375- 321 -033); Lot 13 MB 016/011 COUNTRY CLUB HEIGHTS UNIT 23 (375- 321 -029); Lot 13 MB 016/011 COUNTRY CLUB HEIGHTS UNIT 23 (375- 321 -030); Lot 8 MB 016/011 COUNTRY CLUB HEIGHTS UNIT 23 (375- 321 -031); Lot 8 MB 016/011 COUNTRY CLUB HEIGHTS UNIT 23 (375- 321 -032); Lot 7 MB 001/047 HAZARDS SUB (374- 043 -014); Lot 20 MB 008/378 (374- 072 -026); Lot 9 MB 012/076 COUNTRY CLUB HEIGHTS UNIT 5 (373- 061 -009); Lot 80 MB 012/076 COUNTRY CLUB HEIGHTS UNIT 5 (373- 062 -006); Lot 6 MB 006/302 TOWN OF ELSINORE (374 -262- 004); Lot 5 MB 006/302 TOWN OF ELSINORE (374- 262 -011); Lot 4 MB 014/682 KIMBALLS ADD (373- 152 -001); Lot 1 MB 011/034 COUNTRY CLUB HEIGHTS UNIT 3 (373- 133 -001); Lot 2 MB 011/034 COUNTRY CLUB HEIGHTS UNIT 3 (373- 133 -002); Lot 21 MB 011/034 COUNTRY CLUB HEIGHTS UNIT 3 (373- 135 -019); Lot 108 MB 011/034 COUNTRY CLUB HEIGHTS UNIT 3 (373- 132 -059); Lot 107 MB 011/034 COUNTRY CLUB HEIGHTS UNIT 3 (373- 132 -058); Lot 101 MB 011/034 COUNTRY CLUB HEIGHTS UNIT 3 (373- 132 -052); Lot 102 MB 011/034 COUNTRY CLUB HEIGHTS UNIT 3 (373 -132 -053); Lot 27 MB 011/034 COUNTRY CLUB HEIGHTS UNIT 3 (373- 134 -026); Lot 26 MB 011/034 COUNTRY CLUB HEIGHTS UNIT 3 (373- 134 -025); Lot 25 MB 011/034 COUNTRY CLUB HEIGHTS UNIT 3 (373- 134 -024); Lot 146 MB 013/039 ELSINORE HEIGHTS TR UNIT 3 (373- 083 -020); Lot 129 MB 013/039 ELSINORE HEIGHTS TR UNIT 3 (373- 082 -021); Lot N/A MB 177 TR 20473 (363 -540- 003); Lot L MB 196/005 TR 20704 (363- 281 -024); and WHEREAS, the City of Lake Elsinore objects to the sale of the Property and is applying in writing by way of this resolution to the Riverside County Board of Supervisors and the Riverside County Tax Collector to purchase the property in accordance with an agreement, the form which is on file in the Office of the City Clerk and identified as "Agreement to Purchase Tax Defaulted Property" at the prices identified below: APN Price APN Price 378055055 -0 $4,870.04 378182035 -5 $4,712.61 375031023 -6 $6,978.70 378157040 -1 $5,669.79 375293023 -6 $18,549.18 375274010 -5 $3,440.37 375321054 -0 $4,554.13 374043014 -8 $5,607.64 373152001 -6 $18,412.59 373132052 -0 $2,517.06 373082021 -8 $17,651.71 378100008 -7 $4,940.73 373134026 -3 $22,344.41 363281024 -3 $1,439.30 378100017 -5 $4,940.73 375042027 -4 $2,517.05 375031016 -0 $12,795.37 375152048 -3 $1,893.86 375223037 -2 $3,461.39 375324010 -9 $5,174.07 Agenda Item No. 21 Page 5 of 8 375321030 -8 373135019 -0 378182017 -9 375031052 -2 375223036 -1 375321031 -9 373132059 -7 378182018 -0 373083020 -0 375321053 -9 374262011 -2 375201020 -8 375032012 -9 375274047 -9 374072026 -9 363540003 -4 379191004 -2 375152049 74 375274046 -8 373061009 -3 373132053 -1 $14,186.88 $4,669.37 $5,347.10 $11,738.78 $3,456.44 $1,634.51 $5,067.63 $5,783.17 $14,267.51 $10,568.36 $5,625.07 $6,775.71 $5,495.09 $4,454.04 $9,813.02 $2,297.17 $16,566.50 $1,892.69 $3,488.53 $2,367.60 $4,073.75 373062006 -3 373134025 -2 375042028 -5 375201019 -8 375321006 -7 374262004 -6 373134024 -1 375031054 -4 375274009 -5 375321032 -0 373132058 -6 375031020 -3 375293029 -2 375321033 -1 373133001 -7 378100009 -8 375031018 -2 375293030 -2 375321029 -8 373133002 -8 TOTAL: $3,128.38 $22,220.17 $2,407.82 $5,817.82 $14,819.46 $42,262.55 $3,528.73 $10,312.73 $3,578.71 $1,634.51 $5,066.34 $13,092.86 $10,633.21 $3,040.63 $2,529.58 $4,940.73 $11,936.07 $12,087.15 $5,093.32 $3,001.37 $473,171.79, and WHEREAS, the City of Lake Elsinore will pay for the $175 cost of giving public notice, and WHEREAS, the City of Lake Elsinore will utilize the aforementioned parcels for public purposes consistent with the missions of the Redevelopment Agency and City of Lake Elsinore, which include the following public purpose activities: • Acquiring housing for utilization as affordable housing for low to moderate - income families; • Assisting in the reduction and removal of blighting conditions; • Increasing property values and enhance the appearance of existing neighborhoods; • Meeting the goals identified in the City's Housing Element, consistent with the Regional Housing Assessment (RHNA) goals; and • Providing ongoing economic development and redevelopment in the community. NOW, THEREFORE, the City Council of the City of Lake Elsinore, California, does hereby resolve as follows: That the City Manager is hereby authorized to send a copy of this resolution to the County Board of Supervisors, to the County Treasurer and County Tax Collector, and to the State Controller registering the objection of the City of Lake Elsinore to the sale of the aforementioned properties, and to apply to the County Board of Supervisors, the Agenda Item No. 21 Page 6 of 8 County Tax Collector and Treasurer, and the State Controller to purchase the Property at the price established by the County Treasurer's Office and approved by the Board of Supervisors as will be set forth in the "Agreement to Purchase Tax Defaulted Property," a copy of which will be on file in the Office of the City Clerk. BE IT FURTHER RESOLVED, that the City Manager, or his designee, is hereby authorized and directed to take all necessary and desirable steps to execute the Agreement to Purchase Tax Defaulted Property for and on behalf of the City of Lake Elsinore. BE IT FURTHER RESOLVED, that the City Manager is hereby authorized to provide a check in the amount of $473,346.79, or some lesser amount reflecting the total price of the actual amount of parcels purchased under this process according to the individual purchase prices included ,above, to the County of Riverside for the purchase price and the funds for said amount shall be appropriated therefore. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 26th day of February 2008. D4RYL HICKMAN, MAYOR CITY OF LAKE ELSINORE ATTEST: VIVIAN M. MUNSON CITY CLERK Agenda Item No. 21 Page 7 of 8 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, California, at a regular meeting held on the 26th day of February 2008, and that the same was adopted by the following vote: AYES: NOES: ABSENT: /_1LII U&1101 VIVIAN M. MUNSON CITY CLERK Agenda Item No. 21 Page 8 of 8 CITY OF LADE , LSIAOR E DREAM EXTREME„ REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: FEBRUARY 26, 2008 SUBJECT: ASSESSMENT DISTRICT AND COMMUNITY FACILITIES DISTRICT ANNUAL REPORT Background The City has 5 Assessment Districts (AD's) and 26 Community Facilities Districts (CFD's). Of the 26 CFD's, 22 were formed since 2003. Both districts were formed to finance public infrastructure and certain CFD's were formed to fund a portion of the cost of certain services in the City. Of the districts that have been formed, there are currently 19 bond issues outstanding, with 10 new bonds issues and 2 refinancing bonds issued since 2003. Special taxes are collected from the residents in each district through the County property tax billing process to pay the debt service on the bonds. The City has a fiduciary responsibility to manage each district and ensure that the assessments are correctly levied, bond payments are being paid, anticipate if fund will be short to make bond payments, manage delinquency collection efforts, ensure the reserves are properly maintained, and maintain proper accounting. Assessment District 87 -2 bonds were paid off early. This district is now closed. Furthermore, CFD 2005 -4 (Lakeview Villas) has been cancelled at the request of the property owner. All other districts are operational. Harris and Associates are the City's contract administrators for the CFD's and NBS administers the AD's. Both firms have submitted their annual report for the districts. Staff has also prepared a report with maps and summary schedules to give the City Council a status of the districts in light of the increase in the number of bank foreclosures and increases in delinquency rates. Discussion Delinquency Management Staff has worked closely with the administrator to implement, steps to streamline the delinquency management process, maximize the success of the collection efforts, and Agenda Item No. 22 Page 1 of 9 Annual CFD and AD Report February 26, 2008 Page 2 of 9 minimize the number of foreclosures sales. In the last ten years, there have been no homes sold in foreclosure by the City. All special tax delinquencies for 2004 -05 and prior have been managed and all have been paid, other than a few that have entered into an installment payment plan with the County of Riverside. For 2005 -06, there are currently only 64 properties that are delinquent with delinquency rates ranging from 0% to 2.2% and one at 9.6 %. For the last fiscal year, 2006 -07, there are currently 473 parcels that are delinquent with delinquency rates ranging from 0% to 9.7% and one at 15.7 %. The following table shows each district that had a special tax levy, the amount delinquent and the delinquency rate for the last two fiscal years: Agenda Item No. 22 Page 2 of 9 Delinquency as of 12131/07 (') FY 05106 FY 06/07 Fund No. District No. District Name Amount Rate Amount Rate Assessment Districts 352 A.D. 86 -1 Northwest Sewer $ 159 0.0% $ 215 0.1% 351 A.D. 87 -2 Shoppers Square - - - - 353 A.D. 89 -1 Summerhill Bridge 9,798 9.6% 1 16,362 15.7% 356 A.D. 90 -1 Summerhill Improvements 4,863 2.2% 22,198 9.7% 360 A.D. 93 -1 Canyon Hills Assessment District 8,031 0.5% 97,709 6.0% Community Facilities Districts 363 CFD 88-3 "'W eSt',Lake�Elsmore'h997 364 CFD 88 -3' 1N e'sPCake.El'sinore.1997SeriesB Series �f; 42 106 =� h3 %., '221 {809;, °6.8 %' 952 CFD 90 -2 Tuscany Hills"' 2002 Series 161825 = 0.99/o 131;356 7.6% 952 CFD 90 -2 Tuscany Hills - 2007 Series 362 CFD 95 -1 City Center 0.0% 0.0% 365 CFD 98 -1 Summerhill 19,899 1 1.8% 111,673 10.0% 650 CFD 2003 -1 1 Police, Fire & Paramedic Services 4,058 1.9% 64,587 8.4% 357 CFD 2003 -2 Canyon Hills - Improvement Area A 7;746 0.5% 88,620 ?4.8% 384 CFD 2003 -2 Can on Hills:- Imp. Area B -2006 Series A 369 CFD 2004 -3 Rosetta Canyon - 2005 Series A ' 5,140 1.7% 118,976 .,?'9,.39/c' 385 CFD 2004 -3 Rosetta Canyon - 2006 Series A 371 CFD 2005 -1 ISerinity 0.0% 22,121 4.0% 372 CFD 2005 -2 Alberhill Ranch - 69,123 4.7% 374 CFD 2005 -4 Lakeview Villas - 0.0% 373 CFD 2005 -5 Wasson Canyon - - 0.0% 366 CFD 2005 -6 City Center Townhomes - - 0.0% 367 CFD 2006 -1 Summerl - - 0.0% 368 CFD 2006 -2 Viscaya - 24,207 7.0% 376 CFD 2006 -3 La Strada - 0.0% ') Delinquency rate for FY 04/05 and all prior years for all districts is 0 %. Agenda Item No. 22 Page 2 of 9 Annual CFD and AD Report February 26, 2008 Page 3 of 9 The City has performed the following delinquency management steps for the 2005 -06 and the 2006 -07: The same steps were performed for the 2004 -05 delinquent parcels and ultimately all special taxes were paid and where paid without any foreclosure sales. Bond Payments All bond payments have been made and sufficient funds are available to pay the next payment. The table on the next page shows the current annual levy, amount collected for each district, the next bond payment and the excess or shortage from the current year receipts necessary to make the next bond payment that is now due. For each district that had a shortage, there is a sufficient amount of cash on hand to make the payment. The next payment due in September is the larger of the two annual payments because it includes the principal portion of the payment. Staff anticipates that the cash on hand will be able to cover the next payment also if the delinquency rate does not increase too dramatically. Agenda Item No. 22 Page 3 of 9 2005 -06 As of Status Delinq. Parcels Delinquent Amount Delinq. Rate 10/13/2006 Original list from County 355 539,123.86 6.5% 6/26/2007 Status update 98 140,036.25 1.7% 8/13/2007 Reminder letters mailed 8/17/07 93 135,016.79 1.6% 12/31/2007 List sent to foreclosure attorney 1/29/08 64 91,716.15 1.1% The same steps were performed for the 2004 -05 delinquent parcels and ultimately all special taxes were paid and where paid without any foreclosure sales. Bond Payments All bond payments have been made and sufficient funds are available to pay the next payment. The table on the next page shows the current annual levy, amount collected for each district, the next bond payment and the excess or shortage from the current year receipts necessary to make the next bond payment that is now due. For each district that had a shortage, there is a sufficient amount of cash on hand to make the payment. The next payment due in September is the larger of the two annual payments because it includes the principal portion of the payment. Staff anticipates that the cash on hand will be able to cover the next payment also if the delinquency rate does not increase too dramatically. Agenda Item No. 22 Page 3 of 9 2006 -07 As of Status Delinq. Parcels Delinquent Amount Delinq. Rate 10/13/2006 Original list from County 355 539,123.86 6.56/o- 6/26/2007 Status update 98 140,036.25 1.7% The same steps were performed for the 2004 -05 delinquent parcels and ultimately all special taxes were paid and where paid without any foreclosure sales. Bond Payments All bond payments have been made and sufficient funds are available to pay the next payment. The table on the next page shows the current annual levy, amount collected for each district, the next bond payment and the excess or shortage from the current year receipts necessary to make the next bond payment that is now due. For each district that had a shortage, there is a sufficient amount of cash on hand to make the payment. The next payment due in September is the larger of the two annual payments because it includes the principal portion of the payment. Staff anticipates that the cash on hand will be able to cover the next payment also if the delinquency rate does not increase too dramatically. Agenda Item No. 22 Page 3 of 9 Annual CFD and AD Report February 26, 2008 Page 4 of 9 Fund No. District No. District Name Total Annual 07/08 Levy 1st Inst. Taxes Received Next Bond Pmt. (1) Excess (Short) Assessment Districts 352 A.D. 86 -1 Northwest Sewer 410,026 199,289 96,213 TF 103,076 351 A.D. 87 -2 Shoppers Square 353 A.D. 89 -1 Summerhill Bridge 102,681 42,938 16,751 26,186 356 A.D. 90 -1 SummerhillImprovements 229,838 102,181 56,438 45,743 360 A.D. 93 -1 Canyon Hills Assessment District 1,643,896 749,089 564,576 184,512 Community Facilities Districts 363 CFD 88 -8 West Lake Elsinore 1997 Series A 364 CFD 88 -3 West Lake Elsinore 1997 Series B 3,351,214 1,402,049 1,485;885 (83;836) 952 CFD 90 -2 ''Tuscany Hills - 2002 Series 952 CFD 90 -2 Tuscany Hills - 2007 Series ' 1,639,297 693,289 171,996 "356 }144 165;150 tp " 362 CFD 95 -1 City Center 145,690 72,843 52,533 20,310 365 1 CFD 98 -1 ISummerhill 990,777 1 402,310 551,069 (148,759) `'2,416,293' `302,195 344,563 ' (42,368)' 495,278' 481,195 14,082 357 CFD 2003 -2 Canyon Hills - Improvemerit "Area A 384 CFD 2003 -2 Canyon Hills -Imp. Area B -2606 Series 369 CFD 2004 -3 Rosetta Canyon ' 385 CFD 20044 Rosetta Canyon - 2006,Series A 2,542,332 458,318 579,353 ;(129,035) 548;126 566,952 (18,826) 371 CFD 2005 -1 Sennity 564,732 217,803 233,861 (16,059) 372 CFD 2005 -2 Alberhill Ranch 1,492,890 602,557 668,417 (65,860) 373 CFD 2005 -5 Wasson Canyon 223,153 90,406 90,406 366 CFD 2005 -6 City Center Townhomes 216,929 72,476 92,796 TT (20,320) 368 CFD 2006 -2 Viscaya 472,187 161,293 175,379 (14,086) Debt service net of Fiscal Agent available cash on hand Attached Report The attached report shows a map for each district depicting the progress of the development. The maps distinguish between developed and not developed. Developed parcels represent parcels where a building permit was pulled as of May 1, 2007. Not developed are parcels where no building permits have been pulled as of May 1, 2007. The May 1, 2007 is the cutoff date for purposes of calculating the 07/08 special tax according to the rate and method of apportionment. In addition to the maps, the report provides individual financial activity for each district. For each district, four years of prior years actual and three years of projections are presented. The financial activity will show the revenue collected and the expenses incurred and whether there was sufficient revenue to pay each year's costs. The report also shows the balance of cash on hand, the fiscal agent reserve balances, the reserve requirements, billing and collection data, and delinquency data for the 4 prior years. Agenda Item No. 22 Page 4 of 9 Annual CFD and AD Report February 26, 2008 Page 5 of 9 Payment Plans and Foreclosures Prevention Services As a way to target residents in most need of assistance, each delinquency notice sent out to tax delinquent property owners includes a statement referring them to various resources designed to help them through their individual situations. If the homeowner successfully obtains an installment payment plan with the County of Riverside Office of Treasurer -Tax Collector and makes the first payment, the City will remove their property from the tax delinquent property list as a sign of good faith. The notice also explains that military personnel on active duty are eligible to defer the payment of their property taxes. Several property owners have set up payment plans with the County and were removed from the foreclosure process. The City of Lake Elsinore has recently become a contributing member of the Fair Housing Council of Riverside County, which recently partnered with the County of Riverside to offer a foreclosure prevention program to area residents. The new program offers foreclosure prevention counseling and related services, including negotiating with lenders. Some of the other programs available to homeowners facing foreclosure of their property include the following federal, state, local, and private resources: U.S. Department of Housing and Urban Development 1- 800 -CALL FHA (1- 800 - 225 -5342) hftp://www.hud.ciov/news/fhasecure.cfm State of California Consumer Home Mortgage Information http: / /yourhome.ca.gov/ (English version) http: / /sucasa.ca.gov/ (Spanish version) Fair Housing Council of Riverside County, Inc. 1- 800 - 655 -1812 hftp://www.fairhousing.ne t/ Springboard 1- 877 - Wise -Plan (1.877.947.3752) (951) 781 -0114 http://www.credit.org NeighborWorks /Homeownership Preservation Foundation 1- 888 - 995 -HOPE (1- 888 - 995 -4673) http: / /www. nw.org/ network /neighborworksprogs /foreclosu resolutions /defau It.asp hftp://www.995hope.org / Agenda Item No. 22 Page 5 of 9 Annual CFD and AD Report February 26, 2008 Page 6 of 9 Neighborhood Housing Services of the Inland Empire (909) 884 -6891 http://www.nhsie.org / Economy and Foreclosures Economists are predicting troubled times on the horizon. Falling home prices, tighter lending standards, rising foreclosures and the ever - growing number of unsold houses on the market are impacting the U.S. Economy. To combat the outlook of recession, the federal government has prepared a $145 billion economic tax relief stimulus package. The proposal, which still has to pass in the Senate, would send slightly more than $100 billion in rebates to individuals and provide nearly $50 billion in tax incentives for businesses, chiefly through faster tax write -offs of investments. Also, as part of the fix, the Federal Open Market Committee (FOMC) has lowered the federal funds rate 5 times in the last five months from 5.25% to 3.00 %. The discount rate was also lowered and is now 3.50 %. For millions of Americans facing foreclosure, this shift in monetary policy could possibly help save thousands of homeowners from default by giving them the opportunity to refinance their adjustable -rate loan into a fixed -rate mortgage with a lower interest rate. As part of the foreclosure crisis fix, the federal government has released several new programs in conjunction with the HOPE NOW Alliance. Under the new 'Project Lifeline' program, six of the nation's largest financial institutions said they will begin contacting homeowners who are 90 or more days overdue on their monthly mortgage payments. The homeowners will be given the opportunity to put the foreclosure process on pause for 30 days while the lenders look for a way to make the mortgage more affordable. A new report developed by servicers involved in the HOPE NOW Alliance says 869,000 distressed borrowers received some type of aid during the second half of last year. According to the report, about 652,000 borrowers ended up in a formal repayment plan, while 217,000 landed in the loan modification process. The report added that, "Based on 1,445,000 average monthly delinquencies of 60 days or more past due during the second half of 2007, 45.3% received a formal repayment plan, 14.8% received a modification and 19.7% resulted in a completed foreclosure sale." When it comes to loan types, the servicers' report says during the second half of 2007, 324,000 prime borrowers and 545,000 subprime borrowers received aid. Below are a few more statistics: 20.7% of prime borrowers helped receive a loan modification; 27.5% of subprime borrowers received a modification; 34.8% of subprime borrowers helped during the fourth quarter ended up with a loan modification. Agenda Item No. 22 Page 6 of 9 Annual CFD and AD Report February 26, 2008 Page 7 of 9 According to Empire Economics Market Absorption Study published January 16, 2008, the following scenario is based upon the most probable set of economic and financial market conditions: • Prior Housing Market Cycle: This cycle began in 2nd -1997, as prices started to recover, and this was followed by strong /very strong housing market conditions, as reflected by record levels of prices and high amounts of new construction activity, through 4th -2006. • Market Correction: During 1 st -2007 to 2nd -2009 the housing market experiences a correction, due to significant amounts of mortgage resets for creative financing structures and this will be exacerbated by more stringent mortgage loan qualification criteria. The result will be high levels of mortgage loan defaults accompanied by declining prices and low levels of building permit activity. • Market Stabilizes: During 3rd -2009 to 4th -2010 the housing market is expected to stabilize, as the market moves towards a balance of demand - supply at the new, reduced prices, thereby allowing the excess inventory to be cleared. • Market Recovers: During 1st -2011 to 4th -2011 the housing market is expected to move into a recovery phase, as housing activity increase at a moderate rate but prices are still stable. • Normal Market Conditions: Starting in 1st -2012 the housing market is expected to return to normal conditions as prices increase at a moderate rate. The absorption study report also included the following chart that represents the relationship between prices that households could afford to pay for homes based upon their incomes, utilizing traditional mortgage structures, along with the typical amounts of down payments, and then compares these to the actual housing prices in the marketplace. During Summer 2004 to Summer 2007, the Income based price line was stable (since the gains in household incomes counterbalanced the somewhat higher mortgage rates), and so housing prices should have remained stable. However, during this same time period, housing prices rose dramatically, by almost 50 %. The sooner prices fall, the faster the recovery will be. The second chart reflects the monthly adjustable rate mortgage (ARM) reset schedule. The largest number of sub prime mortgages (top portion of each bar in red) are due to reset in March 2008 and tapers down to a small amount in August 2008 and then is completely gone by July 2009. The largest impact is yet to come, but will stabilize after July 2009. Agenda Item No. 22 Page 7 of 9 Annual CFD and AD Report February 26, 2008 Page 8 of 9 W, t� Mmifi-ay ARNI Reset Schedule by Sector, (Secmidzed + New SectuttzeA) s.�.�.aua�e urslEmimmaiia'.e®oEUmin 0tgewyMJmrboMAItp, RSubPduv Agenda Item No. 22 Page 8 of 9 SOUTHERN CALIFORNIA: RECENT /EXPECTED HOUSING PRICE TRENDS EE Differed Paths for Housi% Prices to Retum to Prevailing Market Rate /Equilibrium $750,000 Market Correction Immediate Market Cemeedon Intermediate MarketCarrection tong Term $700,000 $650,000 $600,000 $550,000 $500,000 $450,000 CURRENT, $400,000 $350,000 $300,000 ........... ° $250,000 $200,000 $150,000 $100,000 $50,000 $0 O O A A P P J J - -AcmalPrice — Prices Rigid; Sales-Slow —Prices Drop; Sales Rise — Probable: Prices Decline Slowly ... ^ °° Price /Traditional Mottgages EMPIRE ECONOMICS; OCTOBER 2007; SUBJECT TO REVISION W, t� Mmifi-ay ARNI Reset Schedule by Sector, (Secmidzed + New SectuttzeA) s.�.�.aua�e urslEmimmaiia'.e®oEUmin 0tgewyMJmrboMAItp, RSubPduv Agenda Item No. 22 Page 8 of 9 Annual CFD and AD Report February 26, 2008 Page 9 of 9 Abandoned or Foreclosures Ordinance The City's Building and Safety Manager is currently working with the City Attorney's office to bring forward an ordinance that requires lenders to maintain a property that has been abandoned or foreclosed. Staff is using the City of Chula Vista, California as a model ordinance. Several other cities have now adopted similar Ordinances using Chula Vista as a guideline. The City of Lake Elsinore Code Enforcement Division along with the City Attorney's Office is currently reviewing the Ordinance from Chula Vista and amending it to meet the goals of our City. The Code Enforcement Division plans to have a proposed Ordinance of our own to present to the City Council by the end of March. Recommendation Receive and file. Prepared by: Matt N. Presseyl� Director of Administfative Services Approved by: Robert A. Brady City Manager Agenda Item No. 22 Page 9 of 9 � z2 saeo ooa $400,000 4saopoo szeo,aoo 8200,000 sls,O o sioo,aoo 850,000 so °1 ° � 4 ME E t ., 17