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HomeMy WebLinkAboutOrd. Nos 1989-848-876ORDINANCE NO. 848 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 35.74 ACRES AND 8.6 ACRES, LOCATED APPROXIMATELY 2,500 FEET WEST OF ROBB ROAD BETWEEN MOUNTAIN STREET AND RUNNING DEER ROAD, FROM COUNTY R-R (RURAL RESIDENTIAL) TO R-1 (SINGLE-FAMILY RESIDENTIAL) AND R-R (RURAL RESIDENTIAL) ZONING DISTRICT, RESPECTIVELY, WITH A PORTION OF THE 8.6 ACRES DESIGNATED FLOODPLAIN AND FLOODWAY ZONING DISTRICT (ZONE CHANGE 88-10 - PACIFIC SCENE, INC.) THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: ZONING RECLASSIFICATION The Zoning Map of the City of Lake Elsinore, California, is hereby amended by ,changing, reclassifying and rezoning the following described property, to wit: In the unincorporated area in the County of Riverside, State of California, described as 44.34 acres in Portion Southeast 1/4 of Section 28 T5S, R5W San Bernardino Base and Meridian. (Assessor's Parcel Number 391-260-00~ and portion of 391-260-00~) from R-R (County Rural Residential) to R-1 (Single-Family Residential) on approximately 35.74 acres,and to R-R (Rural Residential) and Floodplain and Flood Way Zoning District, on approximately 8.6 acres as illustrated in Exhibit "A" attached hereto, and the said real property shall hereafter be subject to the provisions and regulations of the Zoning Ordinance relating to property located within such R-1, R-R, and Floodplain and Flood Way Zones. SECTION TWO: This ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 10th day of January, 1989, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STAR KEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING th].s 24th day of January, 1989, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STAR KEY, WASNBURN, WINKLER NOES: CDUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE Jim Win er, yor ATTEST:. lJ1 , Vicki Lynn Kasad, City Clerk (SEAL) APPROVED nAS TO FORM AND LEGALITY: John R. Harper, C ty Attorney STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, - DO HEREBY CERTIFY that the foregoing Ordinance had its first reading oii ~aiiuary iu, 1707, ancx tiau izs secona reading on January i4, lyay and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE _ . , VICKI LY'NI~i SAD, IT CLERK CITY OF LA ELSIfIORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) 2, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 848, of said Council, and that the same has not been amended or repealed. DATED: January 25, 1989 V ~ '' VICKI~LYNNE KASAD,~~ERK CITY OF LA ELSSi~IORE (SEAL) ORDINANCE NO. g4g AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 3.3 ACRES LOCATED SOUTH OF COLLIER AVENUE BETWEEN THIRD AND CRANE STREETS FROM M-1 (LIMITED MANUFACTURING) TO C-M (COMMERCIAL MANUFACTURING) ZONING DISTRICT (ZONE CHANGE 88-13 - DURA CONSTRUCTION) THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: ZONING RECLASSIFICATION The Zoning Map of the City of Lake Elsinore, California, is hereby amended by changing, reclassifying and rezoning the following described property, to wit: 3.3 acres, along Collier Avenue between Third and Crane Streets to a depth of 240 feet from Collier Avenue, in Lot 13 MB MB 004/241 SD Goodwin Whitten & Elliotts Sub. (Assessor's Parcel Number 37$-150-003) from M-1 (Limited Manufacturing) to C-M (Commercial Manufactur- .~ng) Zoning District, and the said real property shall hereafter be subject to the provisions and regulations of the Zoning Ordinance relating to property located within such O-M Zone. SECTION TWO: This ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 27th day of December, 1988, upon the following roll call vote: AYES: NOES: BUCK, STARKSY, ~VINKLER NONE ABSENT: COUNCILIt~ERS: DOMINGUEZ, ~NASIIBTJRN ABSTENTIONS: C0UNCILt1~I1~ER.S: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 10th day of January, 1989, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STAR KEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE Jim Winkler, yor ATTEST.: Vicki Lyn a Kasad, City Clerk (SEAL) APPROVED AS TO FORM AND LEGALITY: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, ~ - DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on Lecetnner ~ i, iyoo, aria iiuii .s 5econa rCZtu iiiy vn January lu, 17157 and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE l~ VICKI LYTTN ~ KASAD, C CLERK CITY OF LA E ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY. CERTIFY that the above and .foregoing is a full, true and correct copy of ordinance No. 849, of said Council, and that the. same has not been amended or repealed. DATED: January 12, 1989 ICKI LYN~d'"KASAI~ CLERK CI"^Y OF LA E ELSIIvYORE (SEAL) NO. 850 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 0.19 ACRES LOCATED ON THE NORTHWEST CORNER OF SUMNER AVENUE AND LANDSTAFF STREET FROM R-2 (MEDIUM DENSITY RESIDENTIAL) TO R-3 (HIGH DENSITY RESIDENTIAL) ZONING DISTRICT (ZONE CHANGE 88-14 - A & A INVESTMENTS) THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: ZONING RECLASSIFICATION The Zoning Map of the City of Lake Elsinore, California, is hereby amended by changing, reclassifying and rezoning the following described property, to wit: 0.19 acres, Lot 1 Block 58 MB 008/378 SD Healds Resub. (Assessor's Parcel Number 374-054-021) from R-2 (Medium Density Residential) to R-3 (High Density Residential) Zoning District, and the said real property shall hereafter be subject to the provisions and regulations of the Zoning Ordinance relating to property located within such R-3 Zone. SECTION TWO: This ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 27th day of December, 1988, upon the following roll call vote: AYES: NOES: ABSENT: BUCK, STARKEY, WINKLII3, NONE DOh1INGUEZ, WASHBURN ABSTENTIONS: COUNCIINIIII7BERS: NONE PASSED, APPROVED AND 10th day of January, 1989, uX AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEP46ERS: ABSTENTIONS: COUNCILMEMBERS: ADOPTED UPON SECOND READING this ion the following roll call vote: BUCK, DOMINGUEZ, STAR KEY, WASHBURN, WINKLER NONE NONE NONE Jim Winkler Mayor ATTEST.: P icki Lyn Kasad, City Clerk (SEAL) APPROVED AS TO FORM AND LEGALITY: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading un uec:euu~ez' ti, Y7isa, aiiu iictiz ii:s second reaaing on January 1U, lyt5y and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, . WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ~~-~xa~'v~e/~ ICKI LYNN KASAD, CITY CLERK CITY OF LA ELSINORE (S E.AL ) ~~ STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: ... CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore,. DO HEREBY CERTIFY that the above and foregoing is a full, .true and correct copy of Ordinance No. 850, of said Council, and that the same has not been amended or repealed. DATED: January 12, 1989 VICKI- LYh?N "KASAD, CI CLERK CI^xY OF LA E ELSINORE (SEAL) ORDINANCE NO. 852 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 0.19 ACRES LOCATED SOUTH OF LASH STREET APPROXIMATELY 150 FEET WEST OF RIVERSIDE DRIVE, FROM R-3 (HIGH DENSITY RESIDENTIAL) TO C-1 (NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT (ZONE CHANGE 89-1 - MANFREDI/SUMMERS) THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALI- FORMA, DOES ORDAIN AS FOLLOWS: SECTION ONE: ZONING RECLASSIFICATION The Zoning Map of the City of Lake Elsinore, California, is hereby amended by changing, reclassifying and rezoning the following described property, to wit: 0.19 acres, Lot 268 MB 016/059 Country Club Heights Unit A Assessor's Parcel No. 378-264-013 from R-3 (High Density Residential) to C-1 (Neighborhood Commercial) Zoning District, and the said real property shall hereafter be subject to the provisions and regulations of the Zoning Ordinance relating to property located within such C-1 Zone. SECTION TWO. This ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 24th day of January, 1989, upon the following roll call vote: AYES: COUNCILMEMBERS: DDMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: BUCK !!:1 C~ i~ ORDINANCE N0. 853 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING TITLE 17 OF THE LAKE ELSINORE MUICIPAL CODE (ZONING CODE) REGARDING STANDARDS RELATING TO FENCES, WALLS, AND LANDSCAPING IN RESIDENTIAL DISTRICTS; TO ALLOW FOR KEEPING OF FARM ANIMALS; TO PROVIDE SPECIAL STANDARDS FOR HILLSIDE DEVELOPMENT; TO MAKE VARIOUS TECHNICAL CORRECTIONS; TO CHANGE MINIMUM LOT SIZES AND PERMITTED DENSITIES AND SETBACKS IN THE R-3 DISTRICT; TO CHANGE LIGHTING, LANDSCAPING AND LANDSCAPE SETBACK AND OUTDOOR STORAGE- REQUIREMENTS --IN .NON-RESIDENTIAL DISTRICTS (ZONE CODE AMENDMENT 88-10) THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: Chapters 14, 22, 23, 24, 28, 38, 40, 44, 48, 52, 54, 56, 60 and 66 of 'Title 17 of the Lake Elsinore Municipal Code are hereby amended in various particulars and shall read as follows, respectively: Chapter 17.14 - Residential Development Standards Revise Section 17.14.060 to read: - "Section 17.14.060 Landscaping. All landscaping shall be maintained in good condition and adequately irrigated for as long as the use of the property continues." Add to Section 17.14.080 Fences and Walls the following: "C. All walls in excess of eight feet (8') in total height shall require specific approval of the Planning Commission." Amend Section 17.14.130.D Fencing to read: "D. Feiacir}~: "1. In new subdivisions or developments of four (4) or more units a solid block wall a minimum of six-feet (6') in height shall be provided along side and rear lot lines of lots less than 12,000 square feet to provide privacy and screening. "2. On infill developments of less than four (4) units a solid wooden fence, a minimum of six feet (6') in height, shall be provided along side and rear lot lines to provide privacy and screening, unless adjacent to a street right-of-way where a block wall is required as specified in number 3 below. When there is an existing well-maintained fence, new fencing requirements may be waived. "3. Adjacent to a street right-of-way required fences shall be constructed of decorative block, brick, or stucco, or similar decorative masonry material. "4. Wrought iron fencing or combination block and wrought iron fencing may be utilized in place of the fences required above to preserve views or provide greater openness. "5. The Planning Commission may approve alternative materials or waive fencing requirements, especially in hillside areas for large lots." Chapter 17.22 - R-H: Residential Hillside District Amend Sections 17.22.080.A.2, respectively, as follows: "A. Front Yard: "2. Garage: 17.22.080.B.2, 17.22.080.0.2, Twenty (20) feet; provided, however, that turn-in entry garages may encroach to within fifteen (15) feet of the front property line." "B. Side yard: "2. Accessory structures: In the rear one-half of the lot, as specified in Section 17.20.040, otherwise the same as required for the main dwelling unit with the exception that where straight-in entry garage gains access via the side yard, the setback shall be twenty (20) feet. "C. Rear yard: "2. Accessory structures: As specified in Section 17.22.040, with the exception that where straight-in entry garage gains access via the rear, the setback shall be twenty (20) feet." Chapter 17.23 - R-1: Single-Family Residential District Amend Section 17.23.030.A to read as follows: "A. Keeping of farm animals such as horses, cows, pigs, sheep or goats, or birds, poultry (not including roosters), rabbits and similar domesticated animals subject to the following minimum standards: "1. Animals may only be permitted as an accessory use in conjunction with a permitted dwelling. "2. The minimum lot area which may be considered for keeping of such animals is one-half (1/2) acre (21,780 square feet). "3. The maximum aggregate number of animals which may be maintained on a one-half (1/2) acre lot shall be: "a. Two (2) equine, bovine, srrrine, sheep, or goats. "b. Twelve (12) birds or poultry (not including roosters), rabbits, or similar small domesticated animals. "For each additional one-half (1/2) acre, an additional aggregate of all the above listed animals may be maintained. "4. All lots, upon which equine, bovine, swine, sheep, or goats are kept, shall be provided with a corral a minimum of five feet (5') in height and containing a minimum area of 196 square feet for each animal. For equines, a solid-cover shelter with a minimum coverage of eighty (80) square feet for each animal shall be provided within the corral area. "5. All birds or poultry must be contained within an enclosure. "6. All corrals and enclosures shall be allowed only in rear yard areas and shall be a minimum of thirty-five feet (35') from any dwelling unit on the lot upon which they are located, a minimum of one hundred feet (100') from any dwelling unit on a neighboring lot, unless reduced by the Planning Commission but in no case less than fifty feet (50') and a minimum of twenty feet (20') from any property line." Amend Section 17.23.030 by adding subsection H as follows: "H. Other uses that the Planning Commission finds by resolution to be in accord with the purpose of this Chapter and having characteristics similar to those listed in this Section. A list of these uses shall be maintained in the Planning Division for future reference." Amend Section 17.23.080.A.2, add Section 17.23.080.A.3, amend Section 17.23.080.B.2, delete Section 17.23.080.B.3, and amend Sections 17.23.080.0.2, 17.23.080.0.3, and add Section 17.23.080.0.4 as follows: "A. Front yard. "2. Garage: Twenty (20) feet; provided, however, that turn-in entry garages may encroach to within fifteen (15) feet of the front property line. "3. On lots with an overall slope of twenty-five percent (25%) or more from front to back of the lot, the setback for the main dwelling unit and for front-entry garages may be reduced to ten feet (10') provided two (2) paved, open parking spaces are also provided outside the public right-of-way, subject to the' approval of the Planning Commission. Alternative paving materials such as turf block may be approved by the Planning Commission. Automatic garage door openers shall be required for front-entry garages with less than twenty-foot (20') setback. "B. Side yard: "2. Accessory structures: In the rear one-half of the lot, as specified in Section 17.23.040, otherwise the same as required for the main dwelling.. unit -with- the exception that where straight-in entry garage gains access via the side yard, the setback shall be twenty (20) feet. "3. - Delete "C. Rear Yard "2. Accessory structures: As specified in Section 17.23.040, with the exception that where straight-in entry garage gains access via the rear yard, the setback shall be twenty feet (20'). "3. Finished slopes in excess of five percent (5%) shall not be permitted within fifteen (15) feet of the main dwelling unit. "4. In lieu of fifteen-foot (15') setback not exceeding five percent (5%) as required above, balconies or decks equal to twenty percent (20%) of the dwelling area and with a minimum dimension of six (6) feet may be permitted subject to the approval of the Planning Commission." Amend Section 17.23.090 Lot Coveraae to read: "Section 17.23.090 Lot Coveraae. The maximum lot coverage of all structures in the R-1 District shall be fifty percent (50%)." Amend Section 17.23.100 Building Height to read: "Section 17.23.100 Buildina Height. Except as otherwise provided for accessory structures, the maximum building height in the R-1 District shall be thirty feet (30'). In the case of split levels, no continuous vertical section through the building shall measure more than thirty-two feet (32'). Planning Commission may approve greater heights for subterranean garages." Chapter 17.24 - R-2 District Amend Sections 17.24.080.A.2, 17.24.080.B. and 17.24.080.C. as follows: "A. Front yard "2. Garage: Twenty (20) feet; provided, however, that turn-in entry garages may encroach to within fifteen (15) feet of the front property line. "B. Side yard: Adjacent to interior lot lines there shall be a minimum side yard of five (5) feet. Adjacent to a public right-of-way the minimum side yard shall be fifteen (15) feet with the exception that where straight-in entry garage gains access via the side yard, the setback shall be twenty (20) feet. "C. Rear yard: Fifteen (15) feet, with the exception that where straight-in entry garage gains access via the rear yard, the setback shall be twenty (20) feet. "Lattice patio covers- may encroach-to within ten (10) feet of a rear property line." Amend Section 17.24.090 Lot Coveraae to read: "Section 17.24.090 Lot Coveraae. The maximum lot coverage of all structures in the R-2 District shall be fifty percent (50%)." Amend Section 17.24.100 Buildina Height to read: "Section 17.24.100 Building Height. Except as otherwise provided for accessory structures, the maximum building height in the R-2 District shall be thirty feet (30'). For the purposes of this Chapter, in the case of split levels, no continuous vertical section through the building shall measure more than thirty feet (30')." Amend Section 17.24.120.A.2.b. to read: "b. Units larger than 600 square feet of floor area: A balcony of eight (80) square feet and a minimum dimension of six feet (6')." Amend Section 17.24.120.B as follows: "B. Common open spaces: For projects of more than four (4) dwelling units, two hundred and fifty (250) square feet of usable open space per unit shall be provided within the boundaries of all projects. Usable open space shall constitute area(s) readily accessible, practical, and generally acceptable for active and/or passive recreational uses. In all instances, however, a majority of the usable common open space shall be devoted primarily to active recreational facilities (i.e., pool, court games, par jogging courses, etc.). Common open space may include setback areas but in no case shall be less than fifteen (15) feet wide." Amend Section 17.24.130.D to read: "D. In order to encourage obliquely aligned buildings, where such alignments are used, the distances in A or B, as applicable, may be decreased by ten feet (l0') with an average setback equal or greater than specified above." Chapter 17.28 - RR=3 Hiah Density Residential Amend Section 17.28.010 Purpose to read: "Section 17.28.010 Purpose. The "R-3" District is intended to provide locations for multiple-family residential projects at densities of up to twenty-four (24) dwellings to the net acre, in compliance with the City's General Plan designation of High Density Residential.- It may also provide sites for public and semi-public facilities needed to complement residential areas and for institutions that require a residential environment. Properties assigned this designation should be located within close proximity to community services such as shopping centers, transit systems, sewers, and other required infrastructure. They should not be located.. immediately--..adjacent- to- a--single-family- district. Provisions for appropriate recreation, religious, and community uses are included for a balanced neighborhood. The regulations in this district also address previously subdivided lots of an infill nature and provide a density bonus to encourage consolidation of lots." Amend Section 17.28.050 Lot Area to read: "Section 17.28.050 Lot Area. The minimum net lot area for any new lot subdivided in the "R-3" District shall be 8,400 square feet." Amend Section 17.28.060 Lot Area Per Dwelling Unit to read: "Section 17.28.060 Lot Area Per Dwellina Unit. In order to encourage lot consolidation in existing infill areas a density bonus shall be provided for lots of at least 8,400 square feet as described below: "A. The minimum lot area required for each dwelling unit in the "R-3" District for existing lots of less than 8,400 square feet shall be 2,420 square feet of net lot area per unit (18 dwelling units per acre). "B. The minimum lot area for lots 8,400 square feet or larger shall be 1,815 square feet of net lot area per unit (24 dwelling units per acre). "C. To determine the maximum number of units that may be constructed on a given property, divide the total net lot area by the square footage required for the type of product. The resultant number should be rounded down to the nearest whole number." Amend Section 17.28.070 Street Frontaae Width to read: "Section 17.28.070 Street Frontaae Width. The minimum street frontage width for any new lot created in the "R-3" District shall be seventy feet (70'). Amend Section 17.28.080.B.3 17.28.080.B.5 to read: and add Sections 17.28.080. B.4 and "B. Side yard and rear yards: "3. Open carports or patio covers: Three feet (3'). "4. Other accessory structures: Adjacent to interior lot lines the setback shall be ten feet (l0')in rear yards and five-feet (5') in side yards; adjacent to a public right-of-way the minimum setback shall be fifteen feet (15'). "5. On existing, legally non-conforming lots which are substandard in width, a minimum setback of ten percent (10%) of the lot width may be allowed adjacent to interior lot lines with a minimum of five feet (5'), and a minimum side yard setback of twenty percent (20%) of the lot width may be allowed adjacent to a public right-of-way, with a minimum of ten feet (l0')." Amend Section 17.28.100 Buildina Heiaht to read: "Section 17.28.100 Buildina Height. Except as otherwise provided for accessory structures, the maximum building height in the R-3 District shall be thirty feet (30'). For the purposes of this Chapter, in the- case - of split levels,---no continuous verticai section through the building shall measure more than thirty feet (30')." Amend Section 17.28.120.A.2 to read: "2,. Units larger than 600 square feet of floor area: A balcony of eighty (80) square feet and a minimum dimension of six feet (6')." Amend Section 17.28.120.B to read: "B. Common open spaces: n four (4) and fifty common open ided within cts. Usable ute area(s) ical, and ctive and/or In all rity of the 1 be devoted recreational facilities (i.e., pool, court games, par jogging courses, etc.).- Common open space may include setback areas but in no case shall be less than fifteen feet (15') in width." For projects of more tha dwelling ujits, two hundred (250) square feet of usable space per unit shall be prow the boundaries of all proje open space shall constit readily accessible, pract generally acceptable for a passive recreational uses. instances, however, a majo usable common open space shal primarily to active Amend Section 17.28.130.D. to read: "D. In order to encourage obliquely aligned buildings, where such alignments are used, the distances in A or B, as applicable, may be decreased by ten feet (10') with an average setback equal or greater than specified above." Chapter 17.38 - Non Residential Development Standards Amend Section 17.38.040 Lighting to read: "Section 17.38.040 Liahtina. All outdoor lighting fixtures in excess of sixty watts shall be oriented and shielded to prevent direct illumination above the horizontal plane passing through the luminaire and prevent any glare or direct illumination on adjacent properties or streets. Due to the City's proximity to the Mount Palomar Observatory, the use of low pressure sodium lighting shall be encouraged." Amend Section 17.38.070 Fences and Walls to read: "Section 17.38.070 Fences and Walls. "A. Where required, an opaque fence or-wall shall be a minimum of six feet (6') as measured from the highest grade elevation on either side of the fence or wall. The following exceptions shall apply: "1. In required front yards adjacent to the public right-of-way, the maximum height of a fence or wall shall be thirty-six inches (36"). "2. Any fence or wall which is located within fifty feet (50') of-a public-right-of-way-and which fronts- on -that right-of-way shall be constructed of decorative masonry block. "3. Along a street identified in the General Plan Circulation Element as a Modified Collector or larger, the Planning Commission, pursuant to Design Review approval, may require a perimeter wall to be eight feet (8') in height or higher. "B. Nothing within this Section is intended to preclude the Planning Commission, pursuant to Design Review approval in accordance with Chapter 17.82, .from requiring any specific fence or wall to be of a more restrictive design or height in order to accommodate the situation or setting. "C. Where security fencing is installed, a minimum of ten (10) parking spaces shall remain unenclosed and all circulation patterns shall be maintained. "D. All walls in excess of eight feet (8') in total height shall require specific approval of the Planning Commission." Commercial and Manufacturina Districts Amend Sections 17.40.020.5, 17.44.020.V, 17.48.020.Q, 17.52.020.W, 17.54.020.X, 17.60.020.X to read as follows: "Other uses that the Community Development Director determines to be in accord with the purpose of this chapter and having characteristics similar to those uses listed in this Section." Add Sections 17.40.030.J, 17.44.030.N, 17.48.030.I, 17.52.030.P, 17.54.030.V, 17.56.030.M, 17.60.030.X to read as follows: "Other uses that the Planning Commission finds by resolution to be in accord with the purpose of this Chapter and having characteristics similar to those uses listed in this Section. A list of these uses shall be maintained in the Planning Division for future reference." Amend Section 17.56.020.T to read: "T. Other uses that the Community Development Director determines to be in accord with the purpose of this Chapter and having characteristics similar to those uses listed in this Section. For the purpose of clarification, industries which are involved with the following operations or processes and/or require a Use Permit pursuant to Section 17.60.030 are not intended to be deemed as permitted uses in keeping with the purpose of the "M-1" District: 1. The manufacture of: Acids; ammonia; asbestos; asphalt or products including roofing; babbit metal; bleaching powder; bronze powder; carbon; dog and cat food; lamp-black or graphite; celluloid; cement; flammable gases; lime, gypsum; creosote or related products; disinfectant; emery cloth or sandpaper; explosives or their storage; fertilizer; gas; glucose; glue or size; lime or related products; linoleum; matches; cloth; paint; poisons; potash; ink; pulp or paper; rubber; starch; tar or related products; turpentine; vinegar, or yeast. 2. Operations which involve or resemble:.- Large blast, cupola or metal furnaces; coke ovens; dehydrators; distillation of bone; fat rendering; garbage; offal or dead animal disposal or reduction; incineration; reduction or dumping of offal, garbage or refuse; junk yards; refining of petroleum products; earth extraction industries and the processing or storage of the products therefrom; rolling mills; salvage enterprises or vehicle wrecking yards; sand blasting; smelting; soap works; storage or baling of junk, old metal, rags, rubber or paper; tannery; and wood distillation." Amend Sections 17.40.050.A, 17.44.050.A, 17.48.060.A, 17.54.070.A, and 17.60.070.A to read as follows: "The front yard setback for any building or parking area shall average twenty (20) feet, but shall not be less than fifteen (15) feet. However, City Council may allow a ten-foot (10') reduction in the setback requirements to parking areas where enhanced decorative walls, artwork, public amenities (e.g., fountains or public seating areas) or other similar outstanding design features are provided to the satisfaction of the City Council." Delete Sections 17.40.050.C, 17.44.050.C, 17.48.060.C, 17.52.060.C, 17.54.070.C, 17.56.070.C, and 17.60.070.C. Amend Section 17.52.060.A to read: A. The front yard setback for any building or parking area shall average twenty-five (25) feet, but in no case shall be less than twenty (20) feet. However, City Council may allow a ten-foot (10') reduction in the setback requirements to parking areas where enhanced decorative walls, artwork, public amenities (e.g., fountains or public seating areas) or other similar outstanding design features are provided to the satisfaction of the City Council." Amend Sections 17.40.080.A, 17.44.070.A, 17.48.080.A, 17.52.090.A, 17.54.090.A, 17.56.100.A, ad 17.60.100.A to read: "A. Adjacent to Street: A continuous area, a minimum of fifteen feet (15') and an average of twenty feet (20') in depth, shall be landscaped and maintained between parking area and the public right-of-way. Parking areas should be screened as much as possible utilizing berms, shrubs, and other decorative treatments of sufficient size and height to meet this requirement." Amend Section 17.66.100.A to read: "A. Where any parking area or driveway abuts a street there shall be a minimum setback of fifteen feet (15') and an average of twenty feet (20') from the public right-of-way, which shall be fully landscaped and irrigated unless a greater setback is required by any other provision of this Title." Add to Sections 17.54.040 as A.7, 17.56.040 as A.7, and 17.60.040 as A.8 the following verbiage: "All outdoor storage shall be subject to the approval of a Conditional Use Permit pursuant to Chapter 17.74 and shall also be reviewed to ensure adequate provision of screening of storage areas. Storage materials shall not be visible from -• public rights-of-way, including freewaysy or adjacent residential or commercial properties." SECTION TWO. This ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 13th day of June, 1989, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DUMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: CDUNCILMEMBERS: NONE ABSENT: CUUNCILMEMBERS: NONE ABSTENTIONS: CDUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 27th day of June, 1989, upon the following roll call vote: AYES: CUUNCILMEMBERS: DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: CDUNCILMEMBERS: BUCK ABSTENTIONS: CDUNCILMEMBERS: NONE Ninkler, ATTEST: ~~ Vicki 'Lynn ICasad, City Clerk (SEAL( APPROVED AS TO FORM AND LEGALITY: ~ 1, John R. Ha per, C'ty Attorney STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on June 13, 1989, and had its second reading on June 27, 1989 and was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCK ABSTAIN: COUNCILMEMBERS: NONE ~~ VICKI LYNNE ASAD, CITY CLERK CITY OF LAK E!SINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 853, of said Council, and that the same has not been amended or repealed. DATED: June 30, 1989 VICKI LYNNE ASAD CITY C RK CITY OF LAK ELSINORE (SEAL) N0. 854 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE COTTONWOOD HILLS SPECIFIC PLAN. THE CITY COUNCIL OF THE CITY -0F LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1: That the Cottonwood Hills Specific Plan is hereby approved and adopted by the City Council based on the following findings: 1. The Specific Plan- is anticipated to result in several significant adverse environmental impacts which are described in the project Environmental Impact Report. For each significant impact, measures are imposed by the Plan or its conditions of approval which eliminate or substantially lessen their effect. A number of significant impacts are unavoidable and a statement of overriding considerations is recommended to address these (see Finding #2). Specific findings for each significant impact are as listed in Exhibit A (attached). A Mitigation Monitoring Program is hereby adopted. A list of persons and agencies commenting and further responses to to comments are hereby adopted as part of the Final E.I.R. Based upon project documents and evidence in the public record, the significant environmental effects of this project associated with the loss of on-site biological habitat, traffic impacts on area roads, degradation of local air quality and a substantial contribution to cumulative impacts of area-wide urban development, although partially mitigated or reduced by the project, remain significant and are unavoidable based upon rejection of project alternatives or additional mitigation measures necessary to reduce these impacts to less than significant levels. These impacts are found to be acceptable due to benefits derived by the project, specifically the provision of quality housing opportunities by the City, the anticipated increase in local government revenues generated by project residents, and the provision of significant improvements to Railroad Canyon Road all of which are expected to support local commercial and industrial development efforts and generate measurable benefits to the -local economy and fiscal integrity of City government. The foregoing overriding considerations provide the rationale for a decision to approve this project. The Cottonwood Hills Specific Plan meets the Specific Plan criteria for contents and systematic implementation of the General Plan established by Section 65450 of the California Government Code and Section 17.99 of the City of Lake Elsinore Municipal Code. 4. The Specific Plan is consistent with the City of Lake Elsinore General Plan as follows: Land Use Element a) The Specific Plan (Plan) would provide for residential support of City commercial and industrial development thereby promoting a community-wide balance of land uses. b)__Services-and .facilities could be delivered as needed under provisions of the Plan. c) Quality site development would be promoted under.. provisions of the Plan. Circulation Element d) The regionally important link of Railroad Canyon Road west to I-15 would be provided. Opportunities for future linkage improvements to the south and east are preserved. e) Transit parking and bike lanes are accommodated. Environmental Element f) Major areas of open space/wildlife habitat are preserved. g) No important mineral resources are impacted. h) Adverse air quality impacts are partially mitigated. i) Prime agricultural lands are being converted to urban uses in a timely manner, based upon surrounding land use and economic conditions. j) Recreation opportunities are accommodated. k) Cultural resources are anticipated to be adequately mitigated based upon their significance. 1) Health and safety threats are mitigated by design measures and service delivery mechanisms. Noise Element m) Design measures are anticipated to be imposed during project development. Community Desian Element n) .Design features are provided to improve the visual quality of the community. Housing Element o) Major segments of the local housing market will be accommodated, including moderate income persons. The project will compliment existing housing opportunities elsewhere in the community for low income persons. 5. The Specific Plan establishes pre-zoning of the project area in anticipation of its annexation to the City of Lake Elsinore. 6. The Specific Plan shall be effective at such time as annexation of the project area to the City of Lake Elsinore is approved by the City and the Local Agency Formation Commission and recorded. 7. The Specific Plan shall expire and be of no effect whatsoever seven years after the date of annexation recordation (as specified in #6 above), unless an implementing Final Tract Map has been recorded prior to the end of the seven year period. 8. The Specific Plan will not be detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the project area, not will it be injurious to property or improvements in that area or the City as a whole, based upon the provisions of the Plan, mitigation measures and Conditions of Approval. 9. A General Plan density designation of 2.17 units per gross acre provides for a transfer of density from all open space areas into adjacent developed areas, and for a density bonus of .17 dwelling units/acre in exchange for provision of Railroad Canyon Road infrastructure at a more extensive .level than would otherwise be required by the project, and provision of complete turn-key neighborhood parks and partial community park infrastructure above that which would normally be required. The developer shall convey all development rights of all project open space to the City to be retained in perpetuity and to insure provision of Railroad Canyon Road and parks as specified in this finding and Specific Plan Condition of Approval. SECTION 2: That the City Clerk of the City of Lake Elsinore shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the Sun Tribune, a newspaper of general circulation, serving the City of Lake Elsinore, in accordance with provisions of the Government Code. INTRODUCED AND APPROVED UPON FIRST READING this 14th day of March, 1989, upon the following roll call vote: AYES: CpUNCILMEMBERS: BUCK, DDMINGUEZ, STAR KEY, WASHBURN, WINKLER NOES: CDUNCILMEMBERS: NONE ABSENT: CDUNCILMEMBERS: NONE ABSTENTIONS: CUUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 28th day of March, 1989, upon the following roll call vote: AYES: COUNCILMEMBERS: DUMINGUEZ, STARKEY, b1ASHBURN, 4JINKLER. NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCK ABSTENTIONS: COUNCILMEMBERS: NONE ATTEST: Deputy City Clerk (SEAL] APPROVED AS TO FORM AND LEGALITY: ~~~~ John R. Harper, 'ty Attorney (FINDING #1 SP 88-1) SIGNIFICANT SMPACTS AND FINDINGS OF FACT a) Grading - substantially lessened by guidelines contained within the Plan and by existing City ordinances to less than significant levels. ' b) Visual Impacts - substantially lessened by the above guide- lines, grade and landscaping buffers to less than significant levels. c) Biological Impacts -substantially lessened by avoidance and compensation for riparian habitat losses. Remainder sensitive species habitat to be partially compensated by change in management status to less than significant levels. Stephens' kangaroo rat habitat losses to be partially compensated by an off-site plan which can be adopted and is within the responsibility of the City, County, US Fish and Wildlife Service (USFWS) and State Fish and Game (CFG) agencies. These impacts may not be reduced to less than significant levels and are therefore the subject of the attached statement of -overriding considerations. d) Cultural Resources -substantially lessened by the study and documentation of each site as conditioned and preservation of significant resources such as the cemetery. These measures will reduce the impact to less than significant levels. e) Traffic Circulation -Substantially lessened by the develop- . went of on-site roads and Railroad Canyon Road and Holland Road as required by the Plan and conditions of approval. Expansion to Railroad Canyon Road is dependent upon actions which can and should be taken by USFWS and CFG related to wetlands mitigations. Traffic impact will not be reduced to less than significant levels by these measures and is therefore the subject of the attached Statement of Overriding - Consideration. ` f) Services and Utilities - substantially lessened by the provision of services and utilities as required by the Plan and conditions of approval to less than significant levels for all impacts except elementary schools. Provision of schools facilities are dependent upon actions by the school districts and the state which can and should be taken related to funding and construction of needed facilities. g) Hydrology and Water Quality - substantially lessened by the guidelines and control measures required by the Plan and conditions of approval to less than significant levels. h) Geology and Soils - substantially lessened by application of the measures outlined in the Plan and geological report to a level of insignificance. i) Noise - substantially lessened by requirements of the Plan for grading design and sound attenuation barriers during construction phases to less than significant levels. j) Air Quality - substantially lessened by grading guidelines of the Plan and City. ordinances. for. short-term .impacts. Long-term traffic generated impact is expected to be significant and is therefore the subject of the attached Statement of overriding Considerations. k) Energy Conservation - substantially lessened by design guidelines of tfie Plan and conditions of approval to less than significant levels. 1) Cumulative Impacts - substantially lessened by provisions of the Plan, but these impacts will not be reduced to less than significant levels and are therefore the subject of the attached Statement of Overriding Considerations. EXHIBIT "A" STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading '~. `Yl }~.pl \ull'l~Y, itJJ, QlAi4 Altk 6f. 14iJ Orili ltY llA J.. iiWU118Vf Vld 1~1 C11`~lA , ~~ b 1l V I Cdd l'.A was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCK ABSTAIN: COUNCILMEMBERS: NONE ~Cw°'wC7 ~ VICKI LYNN KASAD, CITY CLERK CITY OF LAK ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 854, of said Council, and that the same has not been amended or repealed. DATED: April 4, 1989 VICKAI~L-`Y-NNE SAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL) ORDINANCE N0. 855 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA PROVIDING FOR THE GRANTING OF FRANCHISES FOR COMMUNITY ANTENNA TELEVISION SYSTEMS; PROVIDING TERMS AND CONDITIONS FOR THE OPERATION OF SUCH COMMUNITY ANTENNA TELEVISION SYSTEMS AND FEES THEREFOR. The City Council of the City of Lake Elsinore does ordain as follows: SECTION 1: DEBIiv2•I•IuivS: For the purpose of 'this ordinance the following word or words shall have the meaning given herein. A. "City" shall mean the City of Lake Elsinore, California, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized or enlarged form. B. "Council" shall mean the present governing body of the City or any future board constituting the legislative body of the City. C. "Franchise" shall mean and include any authorization granted hereunder in terms of a franchise, permit, license or otherwise to construct, operate .and maintain a CATV system in the City. Any such authorization shall not mean and include any license or permit required for the privilege or transacting or carrying on a business within the City relating to the business license tax of the City. D. "Grantee" shall mean the person, firm or corporation to whom a franchise is granted by the Council under this ordinance, and the lawful successor, transferee or assignee of said person, firm or corporation. E. "Street" shall mean the surface of and the space above and below any public street, road, highway, freeway, lane, alley, sidewalk, parkway, driveway, public utility easement, dedicated utility strip or right-of-way dedicated for compatible uses now or hereafter existing as such within the City. • F. "Property of Grantee" shall mean all property owned, installed or used by grantee in the conduct of a CATV business in the City under the authority of a franchise granted pursuant to this ordinance. a G. "CATV" shall mean a community antenna television system as hereinafter defined. H. "Community Antenna Television System" shall mean a system of antenna, coaxial cable, wires, wire guides, microwave lengths, signal repeaters or other conductors, equipment or facilities designed, constructed or used for the purpose of providing television or FM radio service by cable or through its facilities. CATV shall not mean or include the transmission of any special or event for which a separate and distinct charge is made to the subscriber and which is commonly known as "pay television." I-. "Subscriber" shall mean any person or entity receiving the CATV service of a grantee lawfully and with grantee's express permission. J. "Gross Annual Receipts" shall mean any and all compensation and other consideration in any form whatever and any contributing grant or subsidy received directly or indirectly by grantee from subscribers in payment for CATV - service received within the City, and that percentage of all fees or income received by Grantee for advertising or commercial messages carried over the CATV System equal to the. percentage of the CATV System's subscribers who live within PAGE TWO the City of Lake Elsinore. Included in gross annual recepits shall be installation and line extension charges levied by the grantee to subscribers. K. "Franchise Area" shall mean the entire territory within the City and shall include any enlargements thereof and additions thereto. SECTION 2: FRANCHISE TO OPERATE: A nonexclusive franchise to construct, operate and maintain a CATV system within the _ entire territorial limits of the City may be granted by the Council to any person, firm or corporation, whether operating under an existing franchise or not, who offers to furnish and provide such system under and pursuant to the terms and provisions of this ordinance. No provision of this ordinance may be deemed or construed as to require the granting of a franchise when in the opinion of the Council it is not in the public interest to do so. No franchise shall be granted pursuant to this ordinance on terms and conditions of any other franchise currently in force and held by another grantee. SECTION 3: USES PERMITTED BY GRANTEE: Any franchise granted pursuant to the provision of this ordinance shall authorize and permit the grantee to engage in the business of operating and providing a CATV system in the City, and for that purpose to install, construct, repair, replace, reconstruct, and maintain in, on, over, under, upon, across and along any public street, such wires, cables, conductors, conduit, vaults, amplifiers, appliances, and other property as may be installed except where unusual circumstances exist and where express written permission is provided by the City Council. SECTION 4: DURATION OF FRANCHISE: No franchise granted by the Council under this ordinance shall be for a term longer _. than twenty-five (25) years following the date of acceptance of such franchise. Any such franchise granted may be terminated prior to its date of expiration by the Council in the event that said Council shall have found, at a public hearing, after thirty (30) days' notice of any proposed termination that: A. The grantee has failed to substantially comply with any provision of this ordinance. B. Grantee has, by act or omission, substantially violated any term or condition of any franchise issued hereunder. SECTION 5: FRANCHISE PAYMENTS: A. ACCEPTANCE FEE. The grantee of any franchise granted pursuant to this ordinance shall pay to the City upon acceptance of such franchise a fee of $250.00. B. ANNUAL FRANCHISE FEE. The grantee of any franchise shall pay annually to the City during the life of such franchise no more than five percent (5%) of the gross receipts of the grantee derived. from. subscribers within the City. The City Council shall have the power of setting the amount of the annual franchise fee at the time of the granting of any such franchise. All annual franchise fees shall be paid to the City Clerk of the City. The grantee shall file with the City within thirty (30) days after the expiration of any calendar year or fiscal year .designated in such franchise a statement prepared by a certified public accountant, showing in detail the gross annual receipts during the preceding year. It shall be the duty of the grantee to pay to the City within ten (10) days after-the time for filing of such statements the sum PAGE THREE hereinabove prescribed for the year covered by such statements. In the event the above payment is not received by the City within the specified time, grantee shall pay to the City liquidated damages of two percent (2%) per month of the unpaid balance in addition thereto. In any year during which payments under this section amount to less than $360.00 per year, grantee shall pay the City as a minimum an amount equal to $360.00 per year. For any portion of a year such minimum shall be prorated at the rate of $30.00 monthly. The City shall have the right to inspect the grantee's records showing the gross receipts from which its franchise payments are computed. No acceptance of any franchise fee payments shall be construed as a release or as an accord and satisfaction of any claim the City may have for further or additional sums payable under this ordinance or for the performance of any other obligation hereunder. In the event of any holding over after expiration of any franchise granted hereunder, without the consent of the City, the grantee shall pay to the City a reasonable compensation and damages. SECTION 6: LIMITATION OF FRANCHISE: A. Any franchise granted under this ordinance shall be nonexclusive. B. No privilege shall be granted or conferred by any franchise granted under this ordinance except those specifically prescribed herein. C. Any privilege claimed by the grantee under a franchise in any street or other public property shall be subordinate to any prior lawful occupancy of the streets or other public property. D. All transmission and distribution structure shall be located so as to cause no .interference with the proper use of street, alleys and other public places and to cause no interference with the rights of reasonable convenience of property owners who adjoin any of said streets, alleys. or other public places. E. In case of any disturbances of pavement or other surfacing be grantee, the grantee shall at its own cost and in a manner approved by the Director of Public Works replace and restore all pavement and surfacing in as good condition as before said word was commenced and shall maintain the restoration in an approved condition for the duration of the franchise. F. Whenever it is necessary to interrupt service for making repairs of alterations, grantee shall do so at such time as will cause the least amount of inconvenience to its customers. G. Any. such franchise. shall be a privilege to be held in personal trust by the grantee. The franchise cannot be sold, transferred, leased, assigned or disposed of in whole or in part by forced or involuntary sale, .merger, consolidation, operation of law or otherwise without the prior consent of the Council, after public hearing, expressed by resolution and then under such conditions as may therein be prescribed. H. Time shall be of the essence of any such franchise granted hereunder. Grantee shall not be relieved of its obligation to comply promptly with any of the provisions of PAGE FOUR this ordinance by any failure of the City to enforce prompt compliance. I. Any rights or power of the City shall be subject to lawful delegation to any officer or employee of the City. J. Grantee shall have no recourse against the City for any loss, cost, expense. or damage arising out of any provision of this ordinance or any franchise issued in accordance with this ordinance or because of its enforcement. K. Grantee shall be subject to all requirements of City ordinances, rules, regulations and specifications heretofore or hereafter enacted including but not limited to those concerning the undergrounding of utilities, street work, and relocation of property within a street or public way. L. Any franchise granted shall not relieve the grantee of any obligation involved in obtaining pole space for any utility company, or from others maintaining poles in streets. M. Grantee shall at all times during the life of this franchise comply with all provisions of existing and future ordinances, rules and regulation of the City, the State of California and the United States of America. N. If at anytime during the period of the franchise the City shall elect to alter or change width or grade of any street, alley, or other public way, then upon the first such alteration of any street, the grantee upon reasonable notice by the City shall remove, relay and relocate its facilities at its own expense. Upon any subsequent alteration of the same street, the grantee upon reasonable notice by the City shall remove, relay and relocate its facilities at the City's expense. ' O. Any fixtures placed in any public way by grantee shall be placed in a manner as not to interfere with the travel on said public way or other use of said public way. P. Grantee shall on the request of any person holding a building moving permit issued by the City, temporarily raise or lower its wires to permit the moving of the buildings. Said expense shall be borne by the person making the request. Q. Grantee shall have the authority to trim trees along the streets, alleys, or other public ways so as to prevent the branches of the trees from coming in contact with the wires and cables of the grantee, except at the option of the City such trimming may be done by it at the expense of the grantee. R. In all sections of the City where the cables, wires and other facilities of one or more public utilities are placed underground, the grantee shall place its cables, wires or other like facilities underground.. S. It shall be unlawful for the owner of any privately-owned area which includes a proposed public street on any tentative subdivision map approved by the City to fail to grant. access to streets to individual homes or home sites, in such a privately-owned area to each franchisee under this ordinance on terms no less favorable than the terms offered to any other utility or franchisee. T. Grantee shall at all times during the life of any franchise provide broadcast quality equipment and necessary personnel to maintain and operate live color coverage of each meeting of the City of Lake Elsinore City Council from the City of Lake Elsinore Council Chambers, and such other downtown location as may be requested by the City of Lake PAGE FIVE Elsinore. This programming will be made available to all residents served by Grantee. U. Grantee's CATV System shall have a band width of 50 mHz to no less than 450 mHZ by December 31, 1993. V. Grantee shall provide cable service to all public schools within the City of Lake Elsinore by December 31, 1989. ^oECTICN 7: hiGriTC RESERVED TO THE CITY: A. Nothing herein shall be deemed or construed to affect in any way the right of the City to acquire the property of the grantee either by purchase or through the exercise of the right to eminent domain, at a fair and just value, which shall not include any amount for the franchise itself. B. There is reserved to the City every right and power which is required to be herein reserved or provided by any ordinance of the City, and the grantee by its acceptance of any.-franchise agrees to be bound thereby and to comply with any action or requirements of the City in its exercise of such rights and powers, heretofore or hereafter enacted or established. C. The granting of any franchise shall not be construed as to prevent the City from granting any similar franchise to any other person, firm or corporation within said City. D. The City reserves the right to enter into discussions and negotiate amendments to construction, operation or maintenance standards. Before such modifications shall become effective, all grantees hereunder shall agree to any _..; amendments that modify a franchise prior to the expiration of the franchise term. E. The granting of any franchise shall not waiver to the exercise of any governmental right the City. The City Council is hereby authorized to adjust, settle or compromise any controversy Grantee and the City arising from the operations Grantee. SECTION 8: PERMITS, INSTALLATION AND SERVICE: constitute a or power of and empowered Between the of the A. Within ninety (90) days after acceptance of any franchise the grantee shall proceed with due diligence to obtain all necessary permits which are required, including, but not limited to, any utility joint use agreements, microwave carrier licenses and any other permits, licenses and authorizations to be granted by duly constituted regulatory agencies having jurisdiction over the operation of CATV systems. B. Within ninety (90) days after obtaining all necessary permits and licenses as hereinabove provided, grantee shall commence construction and installation of the CATV system. C. Within a reasonable time but~not exceeding one (1) year after the commencement of the construction and installation of the system, grantee shall make service available to subscribers in all areas designated on the map accompanying the application for franchise and to all public schools within the City. D. .Failure to do any of the foregoing shall be grounds for a termination of the franchise. E. The City Council may extend the time for obtaining the necessary permits and authorizations and for the PAGE SIX beginning of construction and installation in the event the grantee acting in good faith experiences delays by reason of circumstances beyond its control. SECTION 9: LOCATION OF PROPERTY OF GRANTEE: Any wires, cables, or other properties of the grantee shall be so constructed or installed at such locations and in such a manner as shall be approved by the Director of Public Works. SEGTIGN 10: t'Z~MG'vAL ieivD iiBAivDONbir~IvT BY GRANTEE: A. In the event that the use of a substantial part of the CATV system is discontinued for any reasonable cause for continuous period of three (3) months or the franchise has been terminated, canceled or expired, the grantee shall promptly, upon being given sixty (60) days notice, remove from the streets or public places all such property of such .system. In the event of such removal, grantee shall promptly restore the streets and other areas from which such property has been removed to a condition satisfactory to the Director of Public Works. B. Any property of the grantee remaining in place sixty (60) days after the notice of termination or expiration of the franchise shall be considered permanently abandoned. C. Upon permanent abandonment of the property of the grantee, the property shall become that of the City at its sole option with or without an instrument in writing transferring said property to the City. SECTION 11: CHANGES REQUIRED BY PUBLIC IMPROVEMENTS: The grantee shall, one time during the term of its franchise, at its own expense, protect, support, or relocate in the same street or other public place any property of the grantee when required by the Director of Public Words by reason of traffic conditions, public safety, street vacation, street construction, change or establishment of grade, installation of sewers, drains, water or sewer pipes or other type of structures or improvements by public agencies. The costs of any subsequent actions required by the Director of Public works to protect, support or relocate the same property of the grantee shall be borne by the City. SECTION 12: FAILURE TO PERFORM STREET WORK: Upon the failure of the grantee to commence, pursue or complete any work required by law or by the provisions of this ordinance or by its franchise to be done in any street, alley or other public place, within the time prescribed and to the satisfaction of the Director of Public Works, the Director of Public Works, at its option, may cause such work to be done and the grantee shall pay to the City the cost thereof within ten (10) days after receipt of such itemized report. SECTION 13: FAITHFUL PERFORMANCE BOND: A. The grantee shall, with the filing of an acceptance of award of any franchise created under this ordinance, file with the City Clerk, and at all .times hereafter maintain in force and effect, at grantee's sole expense, a corporate surety bond in a company and in a form approved by the City Attorney, in the amount fixed by the City Manager but not to exceed $5,000.00 for the faithful performance of grantee and upon the further condition that in the event grantee shall fail to comply with any of the provisions of this ordinance or any franchise issued to grantee hereunder, there shall be recoverable jointly and severally from the principal and surety of such bond any damages or loss suffered by the City, plus a reasonable allowance for the attorneys' fees and costs up to the full amount of the bond; said condition to be a continuing obligation for the duration of the franchise. The PAGE SEVEN bond shall provide of intention not to given to the City. that thirty (30) days prior written notice renew, cancellation or material change, be B. Neither provisions of this section nor any bond accepted by the City, nor any damages recovered by the City hereunder shall be construed to excuse faithful performance by the grantee or limit the liability, of the grantee under any franchise issued hereunder, or for damages, either to the full amount of the bond or otherwise. SECTION 14: INDEMNIFICATION OF CITY: A. The grantee shall indemnify and hold harmless the City, its officers, boards, commissions, agents and employees against and from any and all claims, demands, actions, suits, liabilities and judgments of any kind and nature arising out of or relating to the exercise or enjoyment of the grantee's CATV franchise, including claims, demands, actions, suits, liabilities and judgments based upon any infringement or violation of any copyright; and grantee shall reimburse the City for any costs and expenses incurred by City in defending against any such claim or demand or action, including any attorneys' fees, expert witness fees, court costs or other expenses in connection therewith; provided that City shall have first promptly notified grantee of any such claim and offered the grantee the opportunity to appear in and defend the City. Nothing in this provision shall be construed to impose on the grantee a duty to indemnify or defend the City against a claim .that any exercise of the City's police powers or governmental authority is invalid for any reason. The foregoing obligations shall exist and continue without reference to or limitation by the amount of any bond or policy of insurance. B. Grantee shall, concurrently with the filing of the acceptance of award of any franchise granted under this ordinance, file with the City Clerk, and at all times during the existence of any franchise granted hereunder, maintain in full force and effect at its own cost and expense, a general comprehensive liability insurance policy, protecting the City, its officers, boards, commissions, agents and employees against liability for loss or damage for personal injury, death and property damage, occasioned by the operations of grantee under such franchise. Said policy shall have minimum liability limits of $100,000.00 for personal injuries or death of any one person and $300,000.00 for personal injury or death to two or more persons in any one occurrence, and $50,000.00 for damage to property resulting from any one occurrence, and shall be in a company approved by and in a form acceptable to the City Attorney. C. The policy mentioned in the foregoing paragraph shall be primary insurance, shall name the City, its officers, boards, commissions, agents and employees, as additional insured and-shall contain a provision that a written notice of cancellation, reduction, or other material change in coverage of said policy shall be delivered to the City Clerk thirty (30) days in advance of the effective date thereof. SECTION 15: INSPECTION OF PROPERTY AND RECORDS: A. The grantee agrees that the City may review such of its books and records, during normal business hours and on a nondisruptive basis, as is reasonably necessary to monitor compliance with the terms hereof. Such records shall include, but shall not be limited to, any public records required to be kept by the grantee pursuant to the rules and regulations of the FCC. Notwithstanding anything to the contrary set forth herein, grantee shall not be required to disclose information which it reasonably deems to be PAGE EIGHT proprietary or confidential in nature. The City agrees to treat any information disclosed by the grantee to it on a confidential basis, and only to disclose it to employees, representatives, and agents thereof that have a need to know, or in order to enforce the provisions hereof. B. Grantee shall prepare and furnish to the City at all times and in the manner prescribed by the City such reports - with respect to it operations affairs, transactions or property in connection with the franchise as required by this ' ordinance or the franchise. C. Grantee shall file with the Department of Public Works on the first day of March of each year two copies of current maps, drawn to scale, showing all CATV system equipment installed and in place in streets or other public places of the City. SECTION 16: MISCELLANEOUS PROVISIONS: A. When not otherwise prescribed herein, all matters herein required to be filed with the City shall be filed with the City Clerk. B. The grantee must pay to the City a sum of money sufficient to reimburse it for expenses incurred by it in publishing legal notice and ordinances in connection with the grantee with written statement of such expense. C. The grantee shall maintain a toll-free telephone number, with twenty-four (24) hour-per-day answering or referral service, so that CATV maintenance service shall be promptly available to subscribers. D. The grantee shall keep a maintenance service log which will indicate the nature of each service complaint, the date and time it was received, the disposition of said complaint and the time and date cleared. This log shall be made available for the periodic inspection by the City. E. Grantee shall bear the prime responsibility for appropriate corrective action whenever improper performance is .- detected in any part of the system, regardless of whether public utility distribution facilities are utilized. F. No person, firm or corporation in the existing service area of grantee shall be arbitrarily refused service; provided, however, that grantee shall not be required to provide service to any subscriber who has not paid the applicable connection fee or the applicable monthly service charge, or has been involved in theft of or unauthorized access to cable services. G. In the case of any emergency or disaster, the grantee shall upon request of the Director of Public Works make available his facilities to the City for emergency use during the emergency or disaster. H. Any franchise granted pursuant to the provisions of this ordinance authorizes only the operation of the CATV system as provided herein and does not take the place of any other franchise, license or permit which might be required by law of the grantee. I. The grantee shall at all times employ ordinary care and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries or nuisances to the public. PAGE NINE J, The grantee shall install and maintain its wires, cables, fixtures and other equipment in accordance with the =equirements of the Public Utilities Commission of the State of California and in such manner that they will not interfere :with any installation of the City or of a public utilities serving the City. g, All structures and all lines, equipment and connections in, over, under, and upon the streets, sidewalks, alleys and public says or places of the City wherever situated or located, shall at all times be kept and maintained in a safe, suitable, substantial condition and in good order and ' repair. z, _, L. The grantee shall maintain a force of one or more area resident agents or employees at all times and shall have sufficient employees to provide safe, adequate and prompt service for its facilities, and shall maintain a technical staff that is capable of responding on a 24-hour, on-call basis. M. Grantee shall at all times during the life of any franchise maintain studio facilities and a business office within the City. The business office shall be open during all normal business hours and shall be equipped and staffed to allow customers to make billing inquiries, pay bills, order or cancel services, receive or return converter devices, and to dispatch service personnel and equipment. N. The grantee shall limit failures to minimum by locating and correcting malfunctions promptly. O. Copies of all petitions, applications and communications submitted by the grantee to the Federal Communications Commission, Security and Exchange Commission, or any other federal, state or local regulatory commission or agency having jurisdiction in respect to any matters affecting CATV operations authorized pursuant to the ordinance, shall also be submitted simultaneously to the Director of Public Works. SECTION 17: USE OF UTILITY POLES AND FACILITIES: AGREEMENTS: When any portion of the CATV system is'to be installed on public utilities poles and facilities, certified copies of the agreements for such joint use of poles and facilities shall be filed with the City Clerk. SECTION 18: ADOPTION OF RULES AND REGULATIONS BY THE CITY COUNCIL: A. The City Council is authorized to adopt rules and regulations consistent with the provisions of this chapter governing the operation of CATV systems in the City and such rules and regulations shall apply to and shall govern the operations of this ordinance. B. The City Council may adopt rules or regulations or amend, modify, delete, or otherwise change such rules and regulations previously adopted in the following manner: 1. The City Council shall pass a resolution of intention describing the rules or regulations to be adopted, amended, modified, deleted, or otherwise changed and set a day, hour and place for public hearing. Such resolution shall direct the City Clerk to publish the same at least once within fifteen (15) days of passage thereof. 2. The City Clerk shall cause such resolution to be published at least one in one newspaper of general circulation in the City and shall cause a copy of same to be mailed or PAGE TEN delivered to any grantee not less than ten (l0) days prior to the time fixed for hearing thereon. 3. At the time for public hearing, or at any adjournment thereof, the City Council shall proceed to hear and pass upon such evidence, comments and objections as may be presented. Thereafter, the City Council by its resolution may adopt, amend, modify, delete, or otherwise change said rules and regulations. SECTION 19: APPLICATION FOR A FRANCHISE: A. Application for a franchise hereunder shall be in writing, shall be filed with the City Clerk, in a form approved by the Director of Public Works, and shall contain but not be limited to the following information: 1. Name and address of the applicant. If the applicant is a partnership, the name and address of each partner shall also be set forth. If the applicant is a corporation, the application shall also state the names and addresses of its directors, main officers, major stockholders and associates, the names and addresses of parent and subsidiary companies and the state of incorporation. 2. A statement or schedule in a form approved by the Director of Public Works of proposed rates and charges to subscribers for installation and services, and a copy of any proposed service agreement between the grantee and its subscribers shall accompany the application. Where underground cable is required, or where more than one hundred fifty (150) feet of distance from cable to connection of service to subscribers, an additional installation charge over that normally charged for installation as specified in the applicant's proposal may be charged, with easements to be supplied by subscribers. For remote, relatively inaccessible subscribers within the City, service may be made available on the basis of cost of materials, labor and easements if required by the grantee. 3. A copy of any contract, if existing, between the applicant and any public utility providing for the use of facilities of such public utility, such as poles, lines or conduits. 4. If a franchise is granted to a person, firm or corporation posing as a front or as the representative of another person, firm or corporation, and such information is not disclosed in the original application, such franchise shall be deemed void and of no force and effect whatsoever. 5. A financial statement prepared by a certified public accountant showing applicant's financial status. 6. The Council may, at any time, demand, and applicant shall provide such supplementary, additional or other information as the Council may deem reasonably necessary to determine whether the requested franchise should be granted. 7. A statement of intent with regard to program origination and acceptance of local advertising shall be included. 8. The number and identification of channels proposed to be carried on the CATV system. B. Upon consideration of any such application, the City Council may grant a franchise for CATV to such applicant as may appear from said application to be in its opinion qualified to render proper and efficient CATV service to PAGE ELEVEN television viewers and subscribers in the City. If favorably considered, the application submitted shall constitute and form a part of the franchise and granted. C. Prior to the granting of the franchise pursuant to this Ordinance, the Council shall pass a resolution declaring its intention to grant the same, stating the name of the proposed grantee, the character of the franchise and the terms and conditions upon which it is proposed to be granted. Such resolution shall fix and set forth the day, hour and place when and where any persons having any interest therein or any objection to the granting thereof may appear before the Council and be heard thereon. It shall direct the City .Clerk to publish .said resolution at least once within fifteen (15) days of the passage thereof in one newspaper of general circulation in the City. Said notice shall be published at least ten (l0) days prior to the date of hearing. At the time set for hearing, the Council shall proceed to hear and pass upon all protests and its decision thereon shall be final and conclusive. Thereafter it may, by resolution, grant the franchise on the terms and conditions specified in this ordinance. SECTION 20: APPLICATION FEE: Each application shall be accompanied by an application fee in the sum of One Hundred Dollars ($100.00) which shall be used by the City to cover the costs of reviewing, investigating and processing such an application. This fee is not refundable. SECTION 21: ACCEPTANCE AND EFFECTIVE DATE OF FRANCHISE: A. No franchise granted pursuant to the provisions of this ordinance shall become effective unless and until the ordinance granting same has become effective and, in addition, unless and until all things required in this Section and Sections 13 and 14 hereof are done and completed, all of such things being hereby declared to be conditions precedent to the effectiveness of any such franchise granted hereunder. In the event any of such things are not done and completed in the' time and manner required, the Council may declare the franchise null and void. B. From and after the effective date of this ordinance, it shall be unlawful for any person to construct, install. or maintain within any public street in the City, or within any other public property of the City, or within any privately- owned area within the City which has not yet become a public street but is designated or delineated as proposed public street on any tentative subdivision map approved by the City, any equipment or facilities for distributing any television signals or radio signals through a CATV system, unless a franchise authorizing such use of such street or property or area has first been obtained pursuant to this provision of this ordinance, and unless such franchise is in full force and effect. C. It shall be unlawful for any person, firm or corporation to make any unauthorized connection whether physically, electronically, acoustically, inductively or j otherwise,. with any part of a franchised CATV system within this City for the purpose of taking or receiving television signals, radio signals, pictures, programs, or sound, or for the purpose of enabling himself or others to receive any television signal, radio signal, picture, program or sound, without payment to the owner of said system. D. It shall be unlawful for any person, without the consent of the owner, to wilfully tamper with, remove or injure any cables, wires or equipment used for distribution of television signals, radio signals, pictures, programs or sound. PAGE TWELVE SECTION 22: EFFECTIVE DATE: This ordinance shall become effective on the 30th day after the date of its adoption. SECTION 23: The City Clerk is hereby ordered and directed to certify the passage of the ordinance and cause the same to be published in the manner provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 28th day of March, 1989, upon the following vote: WINKLER. NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCK ABSTENTIONS: COUNCILMEMBERS: NONE. PASSED, APPROVED AND ADOPTED UPON SECOND READING this 11th day of April, 1989, .upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER. NOES: COUNCILMEMBERS: NONE ABSENT:. COUNCILMEMBERS: WASHBURN ABSTENTIONS: COUNCILMEMBERS: NONE , C~}ty~ A APPROVED AS TO FORM AND LEGALITY: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, 'DO HEREBY CERTIFY that the foregoing Ordinance had its first reading '_._,on March 28, 1989, and had its second reading on April 11, 1989 and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: WASHBURN ABSTAIN: COUNCILMEMBERS: NONE C ~\-e~ciJZ~dl VICKI LYN KASAD, CITY CLERK CITY OF LA E ELSINORE (SEAL) ,STATE OF CALIFORNIA ) ,___COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 855, of said Council, and that the same has not been amended or repealed. DATED: April 26, 1989 VICKI LYNN KP.SAD, CITY CLERK CITY OF LA ELSINORE (SEAL) __ ORDINANCE NO. $56 AN ORDINANCE OF THE CITY OF LAKE'BLSINORE, CALIFORNIA, REZONING APPROXIMATELY 60 ACRES, LOCATED NORTH OF GRAND AVENUE, WEST OF ONTARIO WAY AND EAST OF SKYLARK DRIVE AND SCALES WAY FROM COUNTY R-R (RURAL RESIDENTIAL) TO R-1 - --_.,(SINGLE-FAMILY ..RESIDENTIAL)...._,ZONING:- DISTRICT (ZONE CHANGE 89-4 - SOUTH LAKE ELSINORE JOINT VENTURE C/O SUNCAL DEVELOPMENT AND INVESTMENT). THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: ZONING RECLASSIFICATION The Zoning Map of the City of Lake Elsinore, California, is hereby amended by changing, reclassifying and rezoning the following described property, to wit: Parcel 1: Lot 39 in Block "D" of ELSINORE, as shown by Map on file in Book 6 Page 296 of Maps, Recocrds of San Diego County, California; EXCEPT from said Lot 39 in Block "D", the Southeasterly 20 feet thereof. Parcel 2: Lot 12 and the Northwesterly half of Lot 14 in Block "E" of ELSINORE, as shown by Map filed in Book 6 Page 296 of Maps, Records of San Diego County, California; EXCEPTING from the Northwesterly half of Lot 14 in Block "E", the Southeasterly 20 feet thereof. Parcel 3: Parcels 1, 2, 3 and 4 of parcel Map 17980; Parcels 1, 2, 3 and 4 of Parcel Map 17981; Parcels 1, 2, 3 and 4 of Parcel Map 18000; and Parcels 1, 2, 3, and 4 of Parcel Map 18001. from R-R (County Rural Residential) to R-1 (Single-Family Residential) Zoning. District, and the said real property shall hereafter be subject to the provisions and regulations of the Zoning Ordinance relating to property located within such R-1 Zone. SECTION TWO: This ordinance shall become effective as provided by law. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading ___ on May 9, 1989, and had its second reading on May 23, 1989 and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ~\ `t U VICYNNE SAD, CITY CLE K CITY Of LAKE ELSINORE (SEAL1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY. OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 856, of said Council, and that the same has not been amended or repealed. DATED: May 24, 1989 ~ICKI LYNNE SAD CITr\~~Y CLERK CITY.tDF LAKE LSiNORE (SEAL) ORDINANCE N0. 857 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING APPROXIMATELY 16.50 GROSS ACRES LOCATED SOUTH OF MACY STREET, EAST OF LAGUNA AVENUE AND NORTHERLY OF ORTEGA HIGHWAY FROM C-1/C-P (NEIGHBORHOOD COMMERCIAL AND COMMERCIAL PARK) TO R-1 (SINGLE-FAMILY RESIDENTIAL) ZONING DISTRICT (ZONE CHANGE 89-6 - GEORGE WIMPEY, INC. DBA MORRISON HOMES). THE ..CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: ZONING RECLASSIFICATION The Zoning Map of the City of Lake Elsinore, California, is hereby amended by changing, reclassifying and rezoning the following described property, to wit: 12.00 gross acres in Lot 6 and 4.50 gross acres in Por Lot 8 Blk C MB 008/377 SD Map Subs in Elsinore. (Assessor's Parcel No. 381-320-001 .and 381-320-002) from C-1/C-P (Neighborhood Commercial and Commercial Park) to R-1 (Single-Family Residential) Zoning District, and the said real property shall hereafter be subject to the provisions and regulations of the Zoning ordinance relating to property located within such R-1 Zone. SECTION TWO: This ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 23rd day of May, 1989, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, STAR KEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: CDUNCILMEMBERS: DOMINGUEZ ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 13th day of June, 1989, upon the following roll call vote: AYES: CQUNCILF1EMBERS: BUCK, DDMINGUEZ, STARKEY, WASNBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: PJDNE A'PTES'P Vicki Ly e Kasad, City Clerk (SEA'L) APPROVED AS TO FORM AND LEGALITY: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on May 23, 1989, and had its second reading on June 13, 1989 and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE VICKI_ ~~:`i'NNE CITY OF LAKE (SEAL) ~), CITY R INORE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 857, of said Council, and that the same has not been amended or repealed. DATED: June 19, 1989 ~~ C~~~~~ca~-~ VI~Y CITY CLERK CITY OF LP,KE LSINORE (SEAL) ORDINANCE NO. 858 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REGARDING DEVELOPMENT IN THE LAKE ELSINORE FLOODPLAIN BELOW ELEVATION 1265. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE HEREBY ORDAINS AS FOLLOWS: No buildings structures or improvements shall be erected __ or used for human occupancy upon all lands below the 1265-foot elevation level (mean sea level) in the Lake Elsinore floodplain, southeasterly of the lake levee and no artificial change in the topography in the surface of said lands shall be made (except terracing and soil conservation measures) without first complying with all applicable local, State and Federal laws, rules and regulations and Section 404 of the Clean Water Act; (Title 33, CFR Parts 320, 323, 325-328 and 330). INTRODUCED AND APPROVED UPON FIRST READING this 31st day of May, 1989, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER PASSED, APPROVED AND ADOPTED UPON SECOND READING this 27th day of June, 1989, upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, STARKEY, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCK ABSTAIN: COUNCILMEMBERS: WINKLER ~~/ G FRED'~0 NGUE:YaR--13 TEM £ITY OF' LAKE ELSINORf "'' TTEST: -- VICKI LYNN KASAD, CITY CLERK CITY OF LA EL.SINORE APPROVED AS TO FORM AND LEGALITY: JOHN R. ARP R, C ATTORNEY STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF 1AKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on May 31, 1989, and had its second reading on June 27; 1989 and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER /Q/ t_._ :;. UfC NN KASAU, CI Y LERK CITY JF LA ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: - CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 858, of said Council, and that the same has not been amended or repealed. DATED: June 30, 1989 R.. VICKI LYNNE ASAD, CITY CLERK CITY OF' LAK ELSINORE (SEAL) ,,., ~, ~ ~ :4 e,. 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AS .FOLLOWS: SECTION 1. TITLE. This Ordinance shall be known as the Stephens' Kangaroo Rat Interim Mitigation Fee Ordinance. SECTION 2. FINDINGS. The City Council finds and deter- mines that: (a) The Stephens' Kangaroo Rat is listed as a threatened species by the State of California, and the California Department of Fish and Game has recommended changing its status to endangered. (b) The U. S. Fish and Wildlife Service has listed the Stephens' Kangaroo Rat as an endangered species, effective October 31, 1988, pursuant to the Federal Endangered Species Act of 1973, 16 U.S.C. Section 1531 et. seq. (c) Following the Federal listing of the Stephens' Kangaroo Rat as an endangered species, the habitat of the species may not be altered without a Section 10(a) permit issued by the Secretary of the Interior. All requests for a Section 10(a) permit must be accompanied by a Habitat Conservation Plan approved by the U. S. Fish and Wildlife Service. Said permit will then allow for the loss of habitat due to development on the basis that the Habitat Conservation Plan will provide protection for the species and guarantee its survival. (d) Development within the historical range of the Stephens' Kangaroo Rat has resulted in loss and degradation of occupied Stephens' Kangaroo Rat habitat, increased isolation of Stephens' Kangaroo Rat populations, reduction of potential habitat areas for future colonization, and elimination of corridors which allow the species to relocate as environmental conditions warrant. (e) The Stephens' Kangaroo insured on small isolated in close... proximity.... populations. (f) Impacts to the Stephens' to loss or degradation of only. Rat's survival cannot be acreages surrounded by, or to,., development- or human Kangaroo Rat are not limited actually occupied habitat (g) The successful completion and implementation of a Habitat Conservation Plan for the Stephens' Kangaroo Rat would be jeopardized by not implementing an interim measure that requires review of each proposed development within the Riverside County Stephens' Kangaroo Rat Conservation Plan Preliminary Study Area to determine the best means of mitigating impacts to the Stephens' Kangaroo Rat. (h) Each proposed development project shall be reviewed to determine the most appropriate course of action to ensure the survival of the species in the long term, -- as well as, -during -the -preparation - of --the -,Habitat Conservation Plan through one or more of the following: (1) on-site mitigation of impacts to the Stephens' Kangaroo Rat through the reservation or addition of lands included within or immediately adjacent to a potential habitat reserve site, or (2) Payment of the Interim Mitigation Fee set by this ordinance, or (3) Any combination of (1) and (2) consistent with the intent and purpose of this ordinance. A proposed development project may be referred, for review, to Federal and State resource agencies based upon criteria to be established and agreed upon by the County, the City, and said agencies. (i) A program providing for accordance with the Conservation Plan w establishing sufficient effectively protected Kangaroo Rat's survival all-site project mitigation in development of a Habitat ill provide a mechanism for habitat areas which can be and managed for the Stephens' and recovery. (j) Immediate implementation of this ordinance is necessary to make use of other potential funding opportunities for the development and implementation of a Habitat Conservation Plan for the Stephens' Kangaroo Rat. (k) The successful completion of a Habitat Conservation Plan depends upon providing protection to potential habitat reserve sites until the mechanisms for land acquisition contained within the Plan can be put into effect. (1) All Interim Mitigation Fees collected pursuant to the provisions of this ordinance shall be used for the development, preparation and implementation of a - Habitat-Conservat-ion-Plan-for•the--Stephens' Kangaroo Rat, including the acquisition of habitat reserve sites, and for the application of a Section 10(a) permit under the Federal Endangered Species Act of 1973. (m) Adoption of this ordinance will provide interim mitigation for projects within the range of the Stephens' Kangaroo Rat allowing said projects to proceed during the preparation of a Habitat Conservation Plan for the Stephens' Kangaroo Rat, provided said projects are not located in areas identified as and meeting the criteria for potential habitat reserve sites needed for the long term conservation of the species. The approval of such development projects could jeopardize the survival of the species and therefore would be inconsistent with a Habitat Conservation Plan, even if an Interim Mitigation Fee is paid. (n) Adoption and implementation of this ordinance ..........demonstrates the--County! s-.intent _and ..the .City's ..intent to cooperate with federal and state agencies to provide for the survival of the Stephens' Kangaroo Rat. (o) The passage of this ordinance is intended to be consistent with the requirements of state and federal environmental legislation, including the California Environmental Quality Act. SECTION 3. PURPOSE. The purpose of this ordinance is to finance the preparation, development and implementation of a Habitat Conservation Plan, including the acquisition of habitat reserve sites, and the application for a Section l0(a) permit under the Federal Endangered Species Act of 1973 for the Riverside County Stephens' Kangaroo Rat Habitat Conservation Plan Preliminary Study Area. It is the further purpose of this ordinance to provide a method for mitigation of impacts to the Stephens' Kangaroo Rat caused by the loss of its habitat due to development during the preparation of a Habitat Conservation Plan and provide for habitat mitigation to be identified in the Habitat Conservation Plan. Mitigation of impacts to the Stephens' Kangaroo Rat will be accomplished through the review of each proposed development project within the Riverside County Stephens' Kangaroo Rat Habitat Conservation Plan Preliminary Study Area to determine whether on-site mitigation through the reservation or addition of lands included within or immediately adjacent to a potential habitat reserve site or payment of the interim fee or a combination of both is appropriate and furthers ,::, the -ultimate.. Habitat Conservation..Plan,objectives: --A. proposed- development project may be referred, for review, to federal and state resources agencies based upon criteria to be established and agreed upon by the county, the City, and said agencies. This ordinance provides for the establishment of this review process and satisfaction of on-site mitigation to protect potential habitat reserve sites or payment of the Interim Mitigation Fee or a combination of both, which upon implementation will satisfy U. S. Fish and Wildlife Service, California Department of Fish and Game, as well as county mitigation requirements for the Stephens' Kangaroo Rat and its habitat which may occur within the unincorporated areas of the County designated herein pending completion and adoption of a Habitat Conservation Plan and issuance of a Section 10(a) permit. SECTION 4. DEFINITIONS. As used in this ordinance, the following terms shall have the following meanings: (a) BOARD OF SUPERVISORS. The Board of Supervisors of the County of Riverside. (b) CERTIFICATE OF OCCUPANCY. "Certificate of Occupancy" shall mean a certificate of occupancy as defined by Ordinance No. or state law. (c) CITY. The City of Lake Elsinore. (d) COUNTY. The County of Riverside. (e) DEVELOPMENT PERMIT. City or County approval of a tentative tract map, tentative parcel map, conditional use permit, public use permit, plot plan, surface mining permit, or grading permit pursuant to the provisions of all applicable County or City ordinances. Where a development project has been previously reviewed and approved pursuant to the provisions of this ordinance, any subsequent implementing development permit shall not be subject to further review under this ordinance. (f) FEE ASSESSMENT AREA. All real property located within the Riverside County Stephens' Kangaroo Rat Conservation Plan Preliminary Study Area as described in Section 5 of this ordinance. (q) FINAL INSPECTION. "Final Inspection" shall mean a final inspection as defined by the Uniform Building Code, 1985 Edition, or state law. (h) HABITAT CONSERVATION PLAN. A plan prepared pursuant to Section 10 (a) of the Federal Endangered Species Act of 1973, 16 U.S.C. Section 1539. (i) INTERIM MITIGATION FEE. The fee imposed pursuant to the provisions of this ordinance. (j) PARCEL. All real property for which a development permit is applied for. (k) RESIDENTIAL UNIT. A building or portion thereof used by one (1) family and containing but one (1) kitchen, and designed for single-family residential purposes only. (1) SECTION 10(a) PERMIT. A permit issued by the Secretary of the Interior pursuant to Section 10(a) of the Federal Endangered Species Act of 1973, 16 U.S.C. Section 1539. (m) STEPHENS' KANGAROO RAT. An animal species known as Dipodomys Stephensi. (n) GRADING PERMIT. "Grading Permit" shall mean a grading permit as defined by the Uniform Building Code, 1985 Edition, provided, however, that for purposes of this ordinance, 'grading permit' shall not include the following: (1) A grading permit wherein grading was previously performed pursuant to a grading permit issued within one (1) year prior to November 15, 988, and subsequently inspected and approved by the City of Lake Elsinore Department of Building and Safety. In addition, the area to be graded pursuant to said permit shall be the same or substantially the same area previously graded. (2) A grading permit for real property upon which a detached or attached accessory living quarters will be constructed pursuant to Sections of the Lake Elsinore Municipal Code. (n) CITY. City of Lake Elsinore. SECTION 5. STEPHENS' KANGAROO RAT HABITAT CONSERVATION PLAN PRELIMINARY STUDY AREA. As designated by the Riverside County Board of Supervisors. (See attached Legal Description) SECTION 6. INTERIM MITIGATION FEE. During the time the Interim Mitigation Fee is in effect, all applicants for development permits within the boundaries-of the Fee Assessment Area who cannot satisfy mitigation requirements through on-site mitigation.... as .- determined.....through---.the. .environmental- review process shall pay an Interim Mitigation Fee of $1,950.00 per gross acre of the parcels proposed for development.. However, for single-family residential development, wherein all lots within the development are greater than one-half (1/2) gross acre in size, and Interim Mitigation Fee of $1,000.00 per residential unit shall be paid, and for agricultural development which requires a development permit, including, but not limited to dairy farms and excluding poultry farms and the construction of single-family residences in connection with said agricultural development, an Interim Mitigation Fee of $2.00 per square foot of the buildings to be constructed shall be paid provided that at no time shall such fee exceed the amount required to be paid if a fee of $1,950.00 per gross acre were applied to the parcel proposed for agricultural development. SECTION 7. IMPOSITION OF FEE. No development permit for real property located within the boundaries of the Fee Assessment Area shall be issued or approved except. upon the condition that on-site mitigation will be provided as determined through the environmental review process of the Interim Mitigation Fee required by this ordinance be paid, and it is determined that said development will not jeopardize the implementation of a Habitat Conservation Plan. SECTION 8. PAYMENT OF FEE. The Interim Mitigation Fee shall be paid upon issuance of a grading permit or a Certificate of Occupancy or upon final inspection, whichever occurs first. Payment of the Interim Mitigation Fee shall satisfy City conditions of approval previously placed on development permits with regard to impact mitigation for the Stephens' Kangaroo Rat which have not been previously satisfied and no further review and approval pursuant to the provisions of this ordinance shall be required. SECTION 9. REDUCTION FOR NON-PROFIT ENTITIES. The fees required pursuant to Section 6 shall be reduced by 75 percent for non-profit entities. For purposes of this section, non..-profit. entities_._shall,, be ..defined--as -those -entities identified in 26 U.S.C. Section 501(c) (3). SECTION 10. EXEMPTIONS. For purposes of this ordinance, the following types of development shall not be required to pay an Interim Mitigation Fee unless such development voluntarily participates in order to mitigate the disturbance of occupied Stephens' Kangaroo Rat habitat: (a) Reconstruction of any structure damaged or destroyed by fire or other natural causes; (b) Rehabilitation or remodeling of existing structures, or additions to existing structures; -- (c-)---Development of--any--•parcel --for which-the ..California Department of Fish and Game has approved other mitigation procedures; (d) ..Development of any ..parcel .used by local, state or federal governments for governmental purposes (i.e. public works, schools); (e) Development of any parcel for which an Interim Mitigation Fee has been previously paid. However, in instances where the fee previously paid was the fee for single-family residential development, wherein all lots within the development were greater than 1/2 gross acre in size, and the applicant for a development permit subsequently requests an increase in residential density or a change from a residential to a non-residential use, or in instances where the fee previously paid was the fee for agricultural development and the applicant for a development permit subsequently requests a change from an agricultural to a residential, commercial or industrial use, the fee shall be recalculated for the new density or use pursuant to the provisions of this ordinance. Any difference between the recalculated fee and the previously paid fee shall be required to be paid by the applicant. (f) The construction of public utility transmission facilities. Said exemption shall not include substations, treatment facilities or pumping stations. (g) Development of any parcel for which approval of a tentative tact map, tentative parcel map, conditional use permit, public use permit, plot plan or surface mining permit is sought and said development will not require the construction of new or additional buildings or the grading or mining of the parcel which may be considered negligible or insignificant as determined by the Community Development Director. (h) Development of any parcel for which approval of an amendment, minor change or revision to a tentative tract map or tentative parcel map is sought; or development of any parcel for which approval of a request for substantial conformance or a revised conditional use permit, public use permit or plot plan is sought; or development of any parcel for which approval of an•-application-for-substantial conformance or a minor change to a surface mining permit is sought; and all grading permits necessary for the development of the parcel have previously been issued. SECTION 11. REFUND. In the event that the fee provided for by the final Habitat Conservation Plan is less than the Interim Mitigation Fee paid, the current property owner of record may apply for a partial refund of said fee. The amount of any refund due shall be determined by the City in its sole discretion after review of said application and shall be limited to the funds collected in excess of any amount received as a credit against the Habitat Conservation and Open Space Land Bank Fee. SECTION 12. FEE ADJUSTMENT. The City Council may periodi- cally review. and cause an .adjustment to be made to the Interim Mitigation Fee. By amendment to this ordinance, the fee may be increased or decreased to reflect changes in estimated costs for the development, preparation and implementation of a Habitat Conservation Plan. The adjustment in the fee may also reflect changes in estimated revenues received pursuant to this ordinance, as well as the availability or lack thereof of other funds with which to prepare and implement the Habitat Conservation Plan. Any adjustment in the fee shall be prospective only and shall become effective as of the date any such amendment is effective, provided, however, that the amount of the Interim Mitigation Fee for any development permit shall be the fee in effect at the time of payment. SECTION 13. TERMINATION OF FEE. The Interim Mitigation Fee shall remain effect until October 30, 1991,or until a Section 10(a) permit is issued, whichever comes first. SECTION 14. FEE ADMINISTRATION. All Interim Mitigation Fees collected pursuant to the provisions of this ordinance shall be deposited into an Interim Mitigation Fee Account. Funds in said account shall be expended solely for the development, preparation and implementation of a Habitat Conservation Plan for the Stephens' Kangaroo Rat, including the • acquisition of--habitat:,reserve.sites,_.and .. for the- application for a Section 10(a) permit under the Federal Endangered Species Act of 1973. SECTION 15. VALIDITY. This ordinance and the various parts, sections and clauses thereof are hereby declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid, the remainder of this ordinance shall not be affected thereby. If any part, sentence, paragraph, section or clause of this ordinance, or its application to any person or entity is adjudged unconstitutional or invalid, such unconstitutionality or invalidity shall affect only such part, sentence, paragraph, section or clause of this ordinance, or person or entity; and shall not affect or impair any of the remaining provisions, parts, sentences, paragraphs, sections or clauses of this ordinance, or its application to other persons or entities. The City Council of the City of Lake Elsinore hereby declares that this ordinance would have been adopted had such unconstitutional or invalid part, sentence, paragraph, section or clause of this ordinance not been included herein; or had such person or entity been expressly exempted from the application of this ordinance. SECTION 16. EFFECTIVE DATE. This ordinance shall take effect as required by law. SECTION 17. URGENCY MEASURE. Notwithstanding Section 16 of this ordinance, this ordinance is declared to be an urgency measure and an interim authorization for the Interim Mitigation Fee. This ordinance shall take effect immediately upon its adoption. The City Clerk shall schedule a public hearing before the Board within Thirty (30) days after the adoption of this ordinance to consider extending the interim authorization for an additional thirty (30) days. The clerk shall publish notice of said hearing ten (10) days before the hearing. Pursuant to Section 65962 of the Government Code, the City of Lake Elsinore finds: (a) Development occurring within the Riverside County Stephens' Kangaroo Rat Habitat Conservation Plan Preliminary......Study- Area-has-resulted-in and continues -; to result in loss of habitat for the Stephens' Kangaroo Rat as well as the elimination of the species; (b) Mitigation efforts to date have not been successful; (c) The U. S. Fish and Wildlife Service has listed the Stephens' Kangaroo Rat as an endangered species pursuant to the Federal Endangered Species Act of 1973, 16 U.S.C. Section 1531 et. seq., effective October 31, 1988; (d) Consequently, providing an immediate source of funds as well as protecting potential habitat reserve sites is imperative for the preparation and implementation of a Habitat Conservation Plan and to assure the survival of the species and protect the public welfare. SECTION 18. CREDIT. Where a development project is subject to the provisions of a Development Agreement entered into with the City pursuant to the provisions of Government Code Section 6584, et. seq., and the project involves the construction of residential units, the Interim Mitigation Fee required to be paid pursuant to the provisions of this ordinance shall be reduced by $175.00 per residential unit. PASSED, APPROVED, AND ADOPTED this 13th day of June, 1989, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE ATTEST: icki Lynn Kasad, City Clerk (SEAL) APPROVED AS TO FORM AND LEGALITY: _ John R. Harper, C y Attorney STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the Urgency Ordinance was adopted on June 13, 1989, by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ~r n ~~ VICKI LYNN KASAD, CITY CLERK CITY OF LA EISINORE (SEl1L STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 859, of said Council, and that the same has not been amended or repealed. DATED: June 30, 1989 f ~~`^'d'vi(71 CKL I:YNNE ASAO, CITY CLERK CITY OF LAK. ELSINORE (SEAL) ORDINANCE N0. 860 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING SECTION 16.34.060(6) ENTITLED LIBRARY MITIGATION FEE WHEREAS, it is necessary to provide for the orderly growth, the installation of certain public improvements and upgrading of certain public facilities to maintain the existing level of service for the City; and WHEREAS, new construction is the main cause creating demand for the public improvements and facilities; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, does ordain as follows: SECTION 1: The revision to Ordinance No. 572, Section 16.34.060 shall be amended to read: Upon the recommendation of the Community Services Director and the concurrence of the City Manager, an in-lieu fee for future construction of library improvements shall be paid to the City of Lake Elsinore to assure the necessary library facilities are provided the community. Such facilities are to meet the River- side City/County Library standards. An in-lieu fee as established by resolution shall be paid to the City at the time of building permit issuance. That amount shall be determined by the Community Services Director and transmitted to the Community Development Department for collection. SECTION 2: This Ordinance shall take effect as provided by law. INTRODUCED AND PASSED upon this reading this 13th day of June, 1989, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE Ordinance No. 860 Library Mitigation Fee PASSED, APPROVED AND ADOPTED upon the second reading, this day of June, 1989, upon the following roll call vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS ABSTENTIONS: COUNCILMEMBERS 27th DOMINGUEZ, STARKEY, WASHBURN, 4JINKLER NONE BUCK NONE / ~ ~~//^^\~~ James Winkler, Mayor APPROVED A5 t0 Ft~RM AND LEGALITY: John Ha er P Cit A Y orne Y June, 1989 Ordinance No. ~_ -2- STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, _., DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on June 13, 1989; and had its second reading on June 27, 1989 and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCK ABSTAIN: COUNCILMEMBERS: NONE .~ 1 VICK.i '.YNNE . ASAD, CITY CL RK CITY OF LAKE EL'aINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 860, of said Council, and that the same has not been amended or repealed. DATED: June 30, 1989 ~. - ~ . LYNN KAS. CITY C ERK CITY` OF LAK ELSINORE , (SEAL) /; ORDINANCE N0. 861 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING APPROXIMATELY 2,667 ACRES GENERALLY BOUNDED BY I-15 TO THE NORTH, __.__ TERRA COTTA ROAD/NICHOLS ROAD To THF. Snrtmu; EL TORO ROAD TO THE EAST, AND ROBB ROAD/LAKE STREET TO THE WEST AS SHOWN IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF FROM SEVERAL LAND USE DESIGNATIONS TO THE SPECIFIC PLAN AREA ("SPA") ZONING DISTRICT (ZONE CHANGE 89-8, LONG BEACH EQUITIES, INC.) AND ADOPTING~THE ALBERHILL RANCH SPECIFIC PLAN, INCLUDING FLOOR AREA RATIOS. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: ZONING RECLASSIFICATION The Zoning Map of the City of Lake Elsinore, California, is hereby amended by changing, reclassifying and rezoning the property described in Exhibit A, attached hereto from a variety of land use designations to SPA (Specific Plan Area) Zoning District, and the said real property shall hereafter be subject to the provisions and regulations of the Zoning Ordinance relating to property '" located within such SPA zone. SECTION TWO: This ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING THIS 8th day of August, 1989, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STAR KEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCZLMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 22nd day of August, 1989, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOPIINGUEZ, STARKEY, I+!ASHBURN, 4JINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE ATTEST: ~~ ~ Vicki Lynne Rasad, City Clerk (SEAL) APPROVED AS TO FORM AND LEGALITY: 1 John R. Harper, Attorney Jim Winkler, Mayor •~ `"' R87-015.002 July 20, 1989 Page 1 Exhibit A PROPOSED ANNEXATION TO THE CITY OF LAKE ELSINORE All of Section 23, portions of Fractional Sections 25 and 26 and portions of Sections 14, 15, 22, 24 and 27, all in Township 5 South, Range 5 West, San Bernardino Base and - Meridian, described as follows: ` Beginning at the East one-quarter corner of said Frac- tional Section 25; Thence North 89°09'36" West along the south line of the north one-half of said Fractional Section 25 a distance of 2690.98 feet to any intersection with the boundary line of Annexation No. 11 to the City of Lake Elsinore; Thence along said boundary line of Annexation No. 11, also being along the northeasterly right-of-way line of State Highway No. 71 as it existed in December, 1966, the following courses: North 47°51'03" West a distance of 229.68 feet; North 43°08'10" West a distance of 612.07 feet; North 60°11'22" West a distance of 235.44 feet; North 47°51'03" West a distance of 228.93 feet to the beginning of a tangent curve concave northeasterly and hav- ing a radius of 1944.85 feet; Northwesterly along said curve through an angle of y 5°29'44" a distance of 186.54 feet to an intersection with the northeasterly prolongation of the south line of Nichols Road (formerly known as Terra Cotta Road) said intersection also being an angle point in said boundary line of Annexa- tion No. 11; ~ •• Thence South 79°36'51" West along said prolongation and south line, also being along said boundary line of Annexa- -- tion No. 11, a distance of 499.17 feet to the beginning of a tangent curve concave southeasterly and having a radius of 1170.00 .feet; Thence southwesterly along said curve and south line of Nichols Road, also being along said boundary line of Annexa- tion No. 11, through an angle of 18°07'00" a distance of 369.95 feet; 11 i~ R87-015.002 July 20, 1989 Page 2 Thence tangent to said curve and along said south line of Nichols Road,. also being along said boundary line of An- nexation No. 11, South 61°29'51" West a distance of 266.10 feet to an intersection with the northwesterly line of Rancho La Laguna, said intersection also being.'an angle point in said boundary line of Annexation No. 11; Thence South 43°55'51" West along said northwesterly line of Rancho La Laguna, also being along said boundary line of Annexation No. 11, a distance of 4463.61 feet to an intersection with the south. line of aforesaid Fractional Section 26, said intersection also being the most easterly corner of Annexation No. 13 to the City of Lake Elsinore; Thence North 88°47'37" West along said south fine of - Fractional Section 26 also being along the north line of said Annexation No. 13, a distance of 2700.43 feet to the southwest corner of said Fractional Section 26, said south- west corner also being the southeast corner of aforesaid Section 27; Thence North 89°40'21" West along the south line of said Section 27, also being along said north line of Annexa- tion No. 13, a distance of 2625.18 feet to an angle point in the easterly line of Annexation No. 34 to the City of Lake Elsinore, said angle point also being a point on the center line of Robb Road; Thence North 1°22`32" East along said easterly .line of Annexation No. 34 a distance of 783.07 feet (shown as 790.00 feet on said Annexation No. 34) to the beginning of a tan- gent curve concave easterly and having a radius of 1492.44 feet; Thence northerly along said curve and easterly line of Annexation No. 34, through an angle of 7°36'04" a distance of 197.99 feet (shown as an angle of 7°40'00" and a distance of 199.70 feet on said Annexation No. 39); Thence tangent. to said curve and along said easterly line of Annexation No. 34 North 8°58'36" East a distance of R87-015.002 July 20, 1989 Page 3 342.15 feet (shown as 333.48 feet on said Annexation No. 34) to the northeast corner of said Annexation No. 34; Thence North 89°28'48" West along the north line of said Annexation No. 34 a distance of 40.44 feet to an inter- section with the northwesterly right-of-way line of Robb Road, 80.00 feet wide; Thence North 8°58'36" East along said northwesterly right-of-way line a distance of 893.61 feet to the beginning of a tangent curve concave southeasterly and having a radius of 1240.00 feet; Thence northeasterly along said curve and northwesterly right-of-way line through an angle of 22°17'29" a distance of 482.43 feet; • Thence tangent to said curve and along said northwest- erly right-of-way line North 31°16'05!' East a•distance of 3034.21 feet to an intersection with the south line of aforesaid Section 22; Thence North 89°06'02" West along said south line a -- distance of 161.62 feet to a point on said south line, said point being North 89°06'02" West a distance of 966.02 feet, measured along said south line, from the southeast corner of said Section 22, said point also being the beginning of a non-tangent curve concave southwesterly and having a radius 1550.00 feet, a radial line to said point bears South 82°11'19" East; Thence northwesterly along said curve through an angle of 55°32'31" a distance of 1502.55 feet; Thence tangent to said curve North 47°43'50" West a distance of 1260.77 feet to the beginning of a tangent curve _. concave northeasterly and having a radius of 1650.00 feet; Thence northwesterly along said curve through an angle of 11°56'30" a distance of 343.90 feet to an intersection with the west line of the southeast one-quarter of said Section 22; Thence South 1°05'23" West along said west line a dis- tance of 37,.45 feet to an .intersection with the ' R87-015.002 July 20, 1989 Page 4 southwesterly right-of-way line of Lake Street (formerly known as Robb Road), 60.00 feet wide, said intersection also being a point on a curve concave northeasterly and having a radius of 603.00 feet, a radial line to said point bears South 48°58'45" West; Thence northwesterly along said curve and right-of-way line through a~a angle of 27°19'46" a distance of 287.63 feet; Thence tangent to said curve and along said right- of-way line North 13°41'29" West a distance of 400.14 feet to the beginning of a tangent curve concave southwesterly and having a radius of 2262.00 feet; Thence northwesterly along said curve and right-of-way line through an angle of 15°06'00" a distance of 591.14 feet; Thence tangent to said curve and along said right-of- way line North 28°47'29" West a distance of 433.87 feet to an intersection with the south line of the northeast one- quarter of the northwest one-quarter of.aforesaid Section 22 ; ~, Thence North 89°05'21" West along said South line a distance of 135.94 feet to an intersection with the south- westerly line of Parcel 1 of these certain parcels conveyedy to Charles J. Biddle by deed recorded March 18, 1987 as Instrument No. 73306, Official Records of Riverside County, California; Thence North 21°28'53" West along said southwesterly line a distance of 693.79 feet to the beginning of a tangent curve concave southwesterly and having. a radius of 1402.69 - feet; Thence northwesterly along said curve-and southwesterly line through an angle of 37°15'03" a distance of 911.96 feet to an intersection with the south line of aforesaid Section 15; R87-015.002 July 20, 1989 Page 5 Thence North 89°08'21" West along said south line a distance of 976.18 feet to the southwest corner of said Sec- tion 15; Thence North 1°07'26" East along the west line of said __ Section 15 a distance of 2651.46 feet to the West one- quarter corner of said Section 15; Thence vuaiti.nuiYltY along said. west line of .Section 15 North 0°19'26" East a distance of 2653.00 feet to the north- west corner of said Section 15; Thence South 89°35'55" East along the north line of said Section 15 a distance of 2007.90 feet to the northwest corner of that certain parcel of land conveyed to Southern California Edison Company by deed recorded July 6, 1970 as Instrument No. 64208, Official Records of Riverside County, California; Thence South 44°16'58" East along the west line of said _ Southern California Edison Company parcel a distance of 281.30 feet to the southwest corner of said parcel; Thence South 89°35'55" East along the south line of said parcel a distance of 3065.34 feet to the east line of said Section 15; Thence South 0°27'00" West along said east line a dis- tance of 2474.26 feet to the East one-quarter corner of said Section.l5; Thence continuing along said east line of Section 15 South 0°27'27" West a distance of 2230.97 feet to an inter- section with the center line of the north frontage road of Interstate Highway 15, as said frontage road is shown on Parcel Map No. 8883 on file in Book 51 of Parcel Maps, Pages -- 28 through 34, inclusive, said Riverside County records; Thence South 75°52'35" East along said center line a distance of 1134.90 feet to the beginning of a tangent curve concave southwesterly and having a radius of 7171.00 feet; -- Thence southeasterly along said curve and center line through an angle of 4°58'56" a distance of 623.56 feet to the north line of aforesaid Section 23; R87-015.002 July 20, 1989 Page 6 Thence South 89°32'19" East along said north line a distance of 937.29 feet to the North one-quarter corner of said Section 23; Thence continuing along said north line of Section 23 South 89°34'30" East a distance of 2633.54 feet to the northeast corner of said Section 23; Thence South 0°39'11" CVest alo^.g the ..ast line of said Section 23 a distance. of 2621.81 feet to the East one- quarter corner of said Section 23; Thence continuing along said east line of Section 23 a~ South 1°20'36" West a distance of 33.18 feet to an intersec- tion with the easterly right-of-way line of aforesaid Inter- state Highway 15; Thence along said easterly right-of-way line the fol- lowing courses: South 27°44'39" East a distance of 189.52 feet; South 38°58'20" East a distance of 429.00 feet; South 16°59'51" East a distance of 107.92 feet to the beginning of a tangent curve concave northeasterly and hav- ing a radius of 1500.00 feet; Southeasterly along said curve through an angle of 8°10'25" a distance of 213.98 feet; Tangent to said curve South 25 ° 10' 12" East a distance of 642.15 feet to the beginning of a tangent curve concave southwesterly and having a radius of 2500.00 feet; Southeasterly along said curve through an angle of 7°50'24" a distance of 342.08 feet; Tangent to said curve South 17°19'52" East a distance of 463.96 feet; South 32°54'30" East a distance of 435.34 feet; South 15°31'07" East- a distance of 183.00 feet to the north line of aforesaid Fractional Section 25; Thence leaving. said easterly right-of-way line of Interstate Highway 15 South 88°12'13" East along said north .line of Fractional Section 25 a distance of 1237.02 feet to the North one-quarter corner of said Fractional Section 25; .~, R87-015.002 July 20, 1989 Page 7 Thence continuing along said north line of Fractional Section 25 South 89°12'I8" East a distance of 2684.78 feet to the northeast corner of said Fractional Section 25; Thence South 0°44'11" West along the east line of said Fractional Section 25 a distance of 2624.96 feet to the East one-quarter corner of said Fractional Section 25, the point - of beginning. Containing 2716 acres, more or less. JUI.y 20, (98~{ DATED ILLIAM L. SCHULZ L.S. 3222 `~~S~~tALDCy~o NBS%~B~DYFOR AND ON BEHALF OF 1545 W. FLORIDA AVE. Nu ~ HEMET CA 92343 * 3222 _ EXPIRES 6.30.92 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on August 8, 1989, and had its second reading on August 22, 1989 and was passed by the following vote: AYES: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE i4BSTAIN: COUNCILMEMBERS: NONE VICKI LYNN SADC J~~~IT4"'CLERK CITY OF LA ELSI-MORE (SEAL) STATE OF CALIFORNIA ) _ COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) x I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and __ correct copy of Ordinance No. 861, of said Council, and that the same has not been amended or repealed. DATED: August 23, 1989 CNN SrA~ CLERK i CITY OF r~I~ ELSINORE (SEAL) ORDINANCE NO. $62 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE ALBERHILL RANCH SPECIFIC PLAN; AND CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT 89-9 WITH FINDINGS OF FACT AS TO ENVIRONMENTAL IMPACTS AND STATEMENTS OF OVERRIDING CONSIDERATIONS. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA., DOES ORDAIN AS FOLLOWS: SECTION 1: That the Alberhill Ranch Specific Plan is hereby approved and adopted by the City Council based on the following findings: m, 1. Adoption of the Alberhill Ranch Specific Plan is anticipated to result in several significant adverse environmental impacts associated with the development of the site as allowed under the General Plan. These impacts are described in the Alberhill Ranch Environmental Impact Report for the Alberhill, Ranch Specific Plan. Exhibit I is a summary of impacts from the Environmental Impact Report, Fcr each significant impact, measures are imposed to eliminate or substantially lessen their effect. Some of these significant'impacts are unavoidable and a statement of overriding consideration is required. Specific findings on each significant impact are as listed on Exhibit II. Additionally, a program for monitoring mitigation measures contained in the Alberhill Ranch Environmental Impact Report is provided ON Exhibit II. 2. Adoption of the Alberhill Ranch Specific Plan will result in significant environmental impacts associated with loss of habitat, traffic circulation, degradation of air quality and a substantial contribution to the cumulative impacts of area-wide urban development which may be partially mitigated but axe anticipated to remain significant upon development of the site as .allowed under the General Plan. These impacts are therefore found to be acceptable due to benefits derived by development under the General Plan, specifically the provision of quality housing opportunities by the City, the anticipated increase in local government revenues generated by project residents and the provision of significant infrastructure improvements, all of which are expected to support local commercial and industrial development efforts and generate measurable benefits to the local economy and fiscal integrity of City government. 3. The Alberhill Ranch Specific Plan meets the Specific Plan criteria for contents and systematic implementation of the General Plan established by Section. 65450 of the California Government Code and Section 17.99 of the City of Lake Elsinore Municipal Code. 4. The Alberhill Ranch Specific Plan is found to be in conformity with City's General Plan as detailed in Tables 10 and 11 of the Alberhill Ranch Specific Plan (Exhibit III). r-- 5. The Alberhill Ranch Specific Plan establishes pre-zoning of the ', project area in anticipation of its annexation to the City of Lake Elsinore. 6. The Alberhill Ranch Specific Plan shall be effective at such time as annexation of the project area to the City of Lake Elsinore is approved by the City and the Local Agency Formation Commission and recorded. ORDINANCE NO. 862 Page 2 7. The Alberhill Ranch Specific Plan shall expire and be of no effect whatsoever seven years after the date of annexation recordation unless an implementing Final Tract Map has been recorded prior to -. the end of the seven year period. 8. The Alberhill Ranch Specific Plan will not be detrimental to the health, safety, comfort or general welfare. of the persons resirlina or working within the neighborhood of the project area, nor will it be .injurious to the property or improvements in that area or the City as a whole, based upon the provisions of the Plan, mitigation measures and Conditions of Approval based on Planning Commission Resolution 89-6, with the revisions recommended herein. SECTION 2: That the City Clerk of the City of Lake Elsinore shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the Sun Tribune, a newspaper of general circulation, serving the City of Lake Elsinore, in accordance with provisions of the Government Code. INTRODUCED AND APPROVED UPON FIRST READING this 8th day of August, 1989, upon the following roll call vote: AYES: COUNCIL MEMBERS: BUCK, DOMINGUEZ, STAR KEY, WASNBURN, WINKLER NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE ABSTENTIONS: COUNCIL MEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 22nd day of August, 1989, upon the following roll call vote: AYES: COUNCIL MEMBERS: BUCK, DOf+IINGUEZ, STARKEY, 4!ASHBURN, 4,'IN'KLER NOES: COUNCIL MEMBERS: NONE ABSENT: .COUNCIL MEMBERS: NONE ABSTENTIONS: COUNCIL MEMBERS: NONE Jim Winkler, Mayor ATTEST: V:icki;Lynne~ asad,"''City Clerk (SEAL) A R VED ~T ORM AND LEGALITY: ohn R. Harper, Ci y Attorney STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on August 8, 1989, and had its second reading on August 22, 1989 and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE VI ~ `\~~ITY CLERK CITY OF ;~I~E ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the .above and foregoing is a full, true and __ correct copy of Ordinance No. 862, of said Council, and that the same has not been amended or repealed. DATED: August 23, 1989 A , TY CLERK CITY OF KE ELSINORE (SEAL) ~, / ~C EXHIBIT I PROJECT IMPACTS AND MITIGATION MEASURES ~,, I?fPACTS AND 2SCTIGATION MEASIIRES PROJECT IMPACTS: From a geotechaical standpoint, the site will be suitable for development. Pro ject implementation will alter the e.+tisting natural landform. Remedial grading and recontouring will be necessarvin the mined out area of the site. Grading will also be needed to stabilize potential landslide azeas. There is the potential for soil settlement and liquefaction impacts during a seismic event. Project grading is anticipated to balance on- site. The project proposes retention of the majority of the primary ridgeline which extends through the center of the site. Also, 169 acres are proposed for development. at a density of 0.2 d.u./acre, minimizing grading impacts in the southerly portion of the site. Another 133 acres are proposed for designation as 'RCD', Residential Constraint Designed, clustering units to minimize grading. Areas of uncertified fills will require either full or partial removal and recompaction. ~t N Geology, Soils & Seismicity A-1) According to Highland Soils Engineerinq,Inc_, partial removal and/or buttressing will be required in areas underlain 6y landslides. During the preparation of the site grading plans, the proposed grades shall be developed in such a way that the fills will be placed at the tae of slides to•increase the stability of the existing landslides. Additional subsurface investigation and slope stability analysis shall ba performed in conjunction with L4e premaration of the site grading plan. At the tine of tentative tract map or plot plan submittal, a grading plan will be submitted for review by the Community Development Director and City Chief Building Official. A-I) The presence or absence of suspected !dolts on-site shall be confirmed by future trenching. At the time of tentative tract map or plot plan submittal, a report from a qualified geotechnical consultant shall be submitted confiraing that there are no active faults on the site. ~If any active faults are found, the project shall implement all recommendations of the report to mitigate potential hazards. A-]) Erosion of slopes shall be controlled by planting vegetation and by constructing properly engineered drainage systems, in accordance with City of Iake Elsinore standards. Project grading will occur in three phases, thus !lofting the potential for erosion. The grading plan submitted for L4e project shall have an erosion control component. Potential methods of litigation oferosimn include landscaping cst ar.3 fill slmpes as soon as practical to reduce the potential for erosion', and use of erosion control devices such as enet.y dissipators. Positive surface gradients shall be provided to direct surface eater from structural foundations. A-4) A mare detailed investigation shall be required tc locate' the existing tunnels and shafts in areas of futtre development and to determine their present conditions. Depending on future grades and on the locations ar,3 conditions of subsurface excavations, some of the tunnels and shafts may be left in place and may require only sealing of the entrances. Others may require filling, or collaosirg and removal. During the preparation of grading plans, detailed on-site inspections shall be conducted 6y the applicant to determine the location and condition of tunnels and shafts. Prior to the issuance of grading permits, a report stating the results of these inspections and methods of filling or removal shall be submitted to the City Chief Building Official for review and approval. A-5) According to Highland Soils Engineerinq,Inc., a grading - plan review shall be conducted by the geotechnical engineer in order to develop specific mitigations relative to liquefaction prone soils. Additional field investigation nay be necessary. Commonly employed procedures far mitigating the problems include the use of a compacted fill mat along with a gravel blanket, post-tensioned slabs, additional footing reinforcement, and setbacks from the tops of fill slopes toeing into liquefaction prone areas. Prior to the issuance of grading permits, the applicant shall submit a report from a qualified geotechnical engineeez eonfixaing - the absence/presence of liquefaction areas on. the subject site, !or approval by the City Chief Building Official. If potential liquefaction areas are found, then the project shall implement all recommendations made therein. ,; A-6) According to Righland Soils Engineering, Inc., the final determination tot subdtainage requirements shall be made during existing fill and alluvial removals when a Geologist or Soils Engineer, can observe the actual subsurface conditions. A-)) TRe recommendations of Highland Soils Engineering relative to foundations shall 6e adhered to during project design. l,/ A-B) IS major grading operations take place during the rainy months of the year, additional precautions shall be taken to minimize erasion, in accordance with the erasion control plan component of the grading plan to be approved by the City Chief Building Official. A-9) The project shall conform with the latest IIniform Building Code in order to satisfactorily mitigate the effects of seismic grcundshaking. The Alberhill Ranch Specific Plan contains design guidelines (Section IX.H., Grading Design) intended to minimize the disturbance of and blend with the natural topography as much as possible through the use of the following design guidelines. In addition, the Specific Plan proposes that grading of the natural terrain in all Residential Rural (RR7 and Residential Constraint Design (RCD) areas be minimized, particularly on slopes in excess of 25Y. Hydrology PR07ECT IMPACTS: Projec4 development will increase runoff on-site, increasing flows in Walker Canyon Creek and other downstream facilities. The proposed storm drain system would discharge flows into Walker Canyon Creek just west of I-15. Due to the magnitude of the flow at the dischazge point, energy dissipatators aze required to prevent erosion of the stream bed. Some improvements (minimal) to Walker Canyoo Creek are anticipated adjacent to the proposed commercial area to prevent channel erosion and to respond to potential flood hazazds in this azea. Runoff entering the Creek will contain minor amounts of pollutants typical of urban use. wit+aat~on Measures B-1) All drainage ~facil flies for this project shall conform to the requirements and standards of the Riverside County Flood Control and Water Conservation District and the City of Iake Elsinore Community Development Department. B-2) Specific drainage systems shall be designed as each planning area develops. e-7) In order to protect the existing stream bed of Walker Canyon Creek, an energy dissipating structure shall be provided at the storm drain system discharge point, if necessary. Erosion control devices (such as tiptop over exposed soil) shall also be provided, Sf necessary. Also, see Mitigation Measure E-7 zegarding California Department of Fish and Game notification requirements for any proposed modifications to the Temeseal (Walker Canyon Creek, including drainage outlets. ~~ Climate and Air Quality PROJECT IMPACTS Temporary ait quality impacts will result from project construction.Whcn the project is completed and occupied, the project area will be directly affected br. (11 vehicle emissions from project traffic, (2) indirectly in- fluenced by pollutants em- itted by power generation plants which serve the project in the South Coast Basin. Projected total emissions will increase existing subregional em- issions by 10.7%-23.3% within Source Receptor 25. The balanced land uses proposed by the Alberhill Ranch Specific Plan will allow residents to satisfy their recreational,commer- cial and educational needs within the project bound- ary,thereby reducing resi- dents' reliance on motor vehicles. Bicycle/Pedes- trian paths aze provided between land uses. Air quality impacu are consid- ered a significant adverse impact of the project. Construction Zmpacts D-1) To minimize dust generation during grading operations SCAQHD Aule 407 shall be adhered to which will require watering during earth moving operations. A watering program for the project shall be submitted to the City Ear approval prior to commencement of grading. Regional Air Quality Support and compliance viththe AQHP for the basin is the cost important measure to achieve this goal. The AQHP includes improvement of mass transit facilities and implementation oP vehicular usage reduction programs. If the Alberhill Rand Specific Plan is approved, it will become part of the City's General Plan and ultimately incorporated into future AQMP Plans. The AQHP also includes energy conservation measures. Some' of these have keen incorporated into the project design, including provision of alternate transportation modes including hiking and pedestrian trails. The following mitigations are also recommended: D-2) Hass transit accommodations such as bus turnout lanes, par: and ride areas and bus shelters shall be provided, where feasible. D-1) Provide energy conserving street lighting in accordance wit: City and utility comoany standards. D-4) Provide traffic signal synchronization where fees ihle. ~~ Wildlife/Vegetation PROJECT IMPACTS: Project implementation will require the removal of vegetation on approximately 1,300 acres of the site, which will destroy wildlife habitats as well. However, the Alberhill Ranch Specific Plaa retains 531 acres of opea space, permanently preserving sensitive ripazian habitats along Temescal Creek, avoiding impacts to the {east bells vireo. Development in areas presently occupied by the SKR will eliminate existing populations of the species. The three sensitive plant species known to exist on the southwestern flank of Alberhill Mountain will be removed by project development, resulting in the loss of sensitive resources potentially occurring here. These impacts aze considered 'significant . MITIGATION !f£*SIIRES Tho lollmvinq mitigations are recommended, but will not eliminate the significant impacts identified above: E-1) A comprehensive erosion and sedimentation control plan shall be prepared for all development areas draining into Temescal Creek. The plan should address the project during and after construction. The intent here is to protect valuable riparian/freshwater marsh habitats Eram degradation and Ipss. E-2) Revegetation of cut and fill slopes, fuel modification zones and other graded areas shall be accomplished with plant palettes containing predominantly native species. Steeper slopes shall be revegetated with a mixture of coastal sage scrub species while more level areas shall be revegetated with species of native perennial grasses in an attempt to reestablish native grassland. An expert in landscape revegetation, who is knowledgeable and qualified in native plant mixtures should be cmnsulted in this regard. A eomorehensive la ndseape plan which incorporates these elements shall be prepared as a guideline and adhered to. E-3) Any proposed mpdifications (eg. drainage outlets) to Temescal Creek, however minor, shall be processed with Lie California Departaent of Fish and Game pursuant to the requirements of the State Fish and Game Code Sections 1601- 1603 Streambed Alteration Notification process. E-4) Due to the presence of "blue lines" an-site as shown on the U.S.G.S. moo for the area, the project shall else rewire a ^404 Pernit" from the the U.S. Corps of Engineers, with input Prom the U.S. Fish and Wildlife Service. -_ E-5) As L`~e SHI2 is on the Federal Endangered Species list, project development will require a "permit to take". from the U.S. Fish and Wildlife Service, in accordance with the the Endangered Species Act and implementing iequlations. In order to secure such a permit, mitigation gust be aade, such as the payment of fees. ~ The City is required to obtain A "10 A^ pernit from U.S. Fish and Wildlife before any development in the SHIT range can occur within the City. In order to obtain this permit, the City must submit a riitigation Program for Fish and Wildlife approval. It is passible that the City of Lake Elsinore would adopt the "interim" ordinance now in effect in Riverside County which is payment of $1,950 per acre of land developed within SIUi range. E-6) An Assessment Study shall be undertaken prior to the issuance o! grading peraits regarding the existence, potential or known, of the three sensitive plant species on- site. This vas not possible as part of the biological study, due to the fall field investigations. For best results, this survey should be performed during the 'spring months when these plants are flowering and can, therefore, be identified and located precisely. Although this survey will not mitigate impacts to these resources, St will shed more light on the exact significance of resource areas. Consequently, St will provide planners and decision-makers with better information than can be derived by the biology report which is liberal in delineating important resource areas and assumes a worst ease scenario for its impact assessment. E-7) The C-8 development (s), as proposed, will be located adjacent tm Temescal Creek. Because aL the biological significance of the Creek, all development within the C-H Districts will be subj eet to site plan review per Design Review process as required by Chapter VIII or the Specitic Plan •Development Standards". During Design Review,. the relationship of the proposed C-A development(s) to Temescal creek will be examined and reviewed to insure that adequate and appropriate set backs and design mitigations are implemented. Furtheraore, it is anticipated tAat those areas within the C-R Districts that ate located directly adjacent to LRe Creek will be landscaped with specially selected plant materials that will epmplement the existing riparian/fresh eater marsh vegetation in the Creek. All proposed Smprovements to the Creek will also be subject to rev iev by the County Flpod Control District. _. ~,/ Land Use PROJECTiMPACTS Project approval will result in the annexation of 2,667 acres into the City of Lake Elsinore. On-site land use within the Annexation Area will not be altered by project approval, as no development is proposed. Proposed prezoning designaticas within the NichDls Road/Terra Cotta Road portion of the Annexation Area include 45 acres of R-1 zoning, allowing 270 d.u, and 71 acres of R-S, allowing 36 d.u. The rest of the Annexation Area is pro- posed for designation as 'SPA', Specific Plan Area. For the Alberhill Ranch Specific Plan site, project approval will result in a 'Specific Plan' designation on the City General Plan and the construction of 3,705 d.u. on 896 acres of the site, 531 acres of open space, 254 acres of commercial use, 30 acres pazks and 50 acres of schooUpazk sites. A gross density of approximately 2 d.u./acre is achieved by the proposed Specific Plan, which is comparable to the residential densities immediately adjacent to the site. In the extreme southern portion of the site, 169 acres are designated 'Rural Residential' (2 d.u./ac.), which is compatible with the very low density residential uses existing off-site east of Terra Cotta Road. The preparation of the Alberhill Ranch Specific Plan complies with the City of Lake £lsinare General Plan des ignatian and it contains special land use and design controls that ate not available when land develops an a piecemeal, tract by tract basis. It provides for adequate school facilities, parks and open space, circulation, etc., as yell as provides design guidelines for Entry Statements, Streetscapes, landscaped Setbacks, etc. In addition, site planning and design criteria include Architectural Guidelines, Commercial Design Criteria, land Ose Transitions, Community Parks, Open Space and Trails, Community Walls and Fencing, and Grading Design. The Specific Plan is required to satisfy the City of Lake Elsinore Zaninq Code Section 17.99, Special Plan District. No additional mitigation for impacts to land use are recommended. ~,/ Population and Housing PROIECTIMPACTS Utilizing the factors -established by the City of Lake Elsinore for park dedication requirements, a population of 11,841 persons would be generated by the Alberhill Ranch SpeciFc Plan. A population of 1,114 persons would be generated within the portions of the Annexation Area propsed for pre- zoning az R-1 and R-S. The resulting 12,955 population represents a 100% increase to the 1988 City population; however, SCAG GMA-1 Bazeline Projections are not exceeded. The Alberhill Ranch Specific Plan also proposed 254 acres of commercial use, creating an estimated 3,097 jobs far project and area residents, enhancing the job/housing balance in the region. HITIGATZON HEAS[D2£S Ho mitigation measures are recommended for the increased housing and population generated by the Alberhill Ranch Specific Plan. Rowever, Secticn IV.H. Public Facilities and Services, presents mitigation measures associated with increased demand far services from the City of Iake Elsinore as a result mf the annexation request. Energy Resources PROJECT IMPACTS -The Alberhill Ranch Specific Plan will create a demand for 749,200 cubic feet of natural gas per day and 182,946 kwh of electricity per day. The 306 units which could be accommodated within the R-1 and R-S zoning of the annexation area will consume 67,983 cubic feet of natural gas and 6,000 kwh of electricity. HZTIGATT_ON Heacrncg Section IX. D, Architectural Guidelines, of the Alberhill Ranch Specific Plan requires that future project development comply with several guidelines relating to energy conservation. These include the use of roof projections and overhangs in response to energy and climate concerns, guidelines for. use of solar panels and support solar equipment. In addition, Specific Plan Section IX.C, Site Planning - Guidelines, proposes that when possible, structures be sited to take Lull advantage of natural and man-made amenities, breezes, sun and wind orientation, and views. Shading through the appropriate use of landscaping should be .used to protect structures from solar heat gain during the summer months. If desired, bulldings may be oriented to facilltaCe the application of solar heating systems. Energy conservation will be achieved through compliance with Title 24 of the California Administrative Code. No additional mitigation is proposed. ~,/ Aesthetics PROTECT IMPACTS: -Implementation of the -' xrxxcxxroa xeASepFs Alberhill Ranch Specit ie As discussed above, t3se Alherhill Ranch Specific Plan proposes Plan will permanently alter land uses, standards and design guidelines which mitigate visual impacts of prof eet development. No additional mitigation the nature and appeazanee measures are recommended. of the site through grading and development. Approxi- mately 531 acre's of the site will remain as open space, encompassing the signiFcant ridgeiine located west of and parallel to I- I5, as well as the riparian vegetation associated with Temescal Creek. No grading is proposed within this azea;thereforeappearances of the site from portions of I-15 will not be impacted by project development. Project approval will significantly improve the appeazance of [he mined azea on-site. In _- addition, the Specific Plan. contains .Development Standards and Design Guidelines which regulate future development within the project. ~/ Historic and Prehistoric Resources PROTECT IMPACTS: '~ Project grading could the destruction of resultin . Arcnaeology known and unknown on- l l d fi i J-1) For site one, data collection shall ba performed, that is, aeo og ca en 51[e arc the mapping and surface collection of the artifact paleontological ieSOUfCeS, described. Such data collection could be accomplished in tour to live man-days and would free the area for future W1L110UL proper mlhga[lOn. development activities of any kind. _ All knOwII Sl[e5 Will be J-2) For site two, data collection/testing program shall be directly impacted by performed, that is, mapping and .surface collection and develo meat. The mtIIln p g subsurface testing prior to development. while it is assumed d i i eoos t, subsurface that the site is primar ly a surface h35fOIICal Slfe W111 be testing would alloy for the determination of site deoeh. 1L d f Should subsurface deposits he encountered, testing will have 85 8 Ie5ll O remove determined what further sample size is necessary to achieve pro7ec2 development ' renal mitigation. Such data collection activity could he accomplished in twenty man-days and would free the area for hOWOVer, lI.S ICCOrda[iOn 15 further development activities of any kind. adequate mitigation. J-a) Any cultural resources encountered as a result of grading, shall result in the contact of a qualified archaeologist for inspection prior to further grading activities. Paleontology 7-6) The collet teen of samples from sites which will be directly impacted prior to construction shall be conducted by a qualified paleontologist, in consultation vitti a . paleehotanist. The purpose for theeollection of iapacted sites is to expand the size of existing museum research collections which de not currently contain the quality or diversity of specimens which. are available from the existent sites to provide .adequate samples to serve to needs oi' future research. J-5) After pre-develooment collections are completed, the grading in the sediments of the Silverado and Pauba (?) Formations, and Older Alluvium shall be monitored full time. The following procedures shall be impleaented during monitoring: a) The monitor must be empowered to temporarily halt or redirect excavation equipment while fossils are being removed. The monitor shall be equipped to speedily collect specimens if they are encountered. b) Tme monitor, with assistance iP necessary, shall collect individual fossils and/or samples of fossil- bearing sediments. If specimens mf small aniaal species are encountered the most time and cost efficient method of recovery is to remove a selected volume of fossil- Dearing earth from the grading area and stockpile it off-site for later processing. e) Fossils recovered during earthmovinq or as a result of screen-washing of sediment samples shall be cleaned and prepared sufficiently to alloy identification. This alloys the fossils to be described in a report of findings and reduces the volume of matrix around specimens prior to storage, thus reducing storage costs. d) A report oZ findings shall be prepared and submitted to the public agency responsible for overseeing developments and mitigation of environmental impacts upon cocpletien of mitgation. This report would minimally Snclude a statement o f t h e t y p e s o f paleontologic resources found, the methods and procedures used to recover them, an inventory mf the specimens recovered, and a statement of their scientific significance. e) The paleontological specimens recovered as a result of mitigation shall be donated to a qualified scientific institution where they would be aftorded long term preservation and the opportunity for further scientific study. ~;. Mineral Resources PR07ECT IMPACTS Project developmeat W711 MITrGATrON NEAStrztEs preclude future use of the K-1) An amendment to the previously-approved Reclamation Plan far Slte for clay CXtraCtlOII; the mined area must be reviewed and approved by the City of haWBVei~Ih1S use has been Lake Elsinore and/or the. StaCe Nininq 8aard. The Reclamation Plan must be approved prior tm the issuance of found to be economically grading permits. infeasible. The Specific K-2) All mined areas of the Alberhill Specilic Plan area shall 6e Plan proposal; would regraded for development in accordance with the Reclamation eliminate the Stale MRZ Plan and Chapter 70 of the IIniform Building Code. zone Fram the site. The mined area of the site will require 'reclamation' in order to accommodate the project. ~~ Circulation PROJECT IMPACTS The Albezhill Ranch Specific Plan proposes an on-site circulation system which implements the Riverside county and City of Lake j;lsinore Circulation Elements. Bike trails, pedestrian walkways and an equestrian/hiking trail are also proposed. The project will generate 80,070 external trips and Si6,500 miles of travel per day. All intersections but one in the project area are projected to operate at Level of Service (LOS) C or better in the p.m. peak hour, with proposed improvements. Far future traffic conditions with azea wide growth and surrounding development plus the project, all intersections but one in the vicinity of the site will operate a[ LOS C or better. To achieve LOS C at all intersections, Lake St, should be upgraded to an urban azterial between I-IS and Coal Road. L-1) As development occurs the measures listed below ate recommended by Runzman Associates io mitigate the impact of the project on tratf is circulation. Some of these mitigations are for otf-site areas. The implementatimn mf each measure Shall be determined as future entitlements are granted for development in and around the project area. The City of Lake Elsinore and/or the County of Riverside Road Department will condition the project to participate in its fair-share of off-site improvements, where applicable. a. Improve Iake Streee between Coal Road and Interstate 15 to an Arterial cross-section (11o foot right-af-way) in conjunction with development. b. Improve Coal Road between Iake Street and Terra Cotta Road to a Major cross-section (100 Eoot tight-of-way) in conjunction with development. c. Improve Nichols Road between Ccal Road and the projec_ boundary east of I-15 to a Major cross-sacticn (100 fact right-af-way) in conjunction vitY development. d. Improve Robb Road to an Arterial cross-section (1.0 foot right-of-way) between Coal Road and Lakeshore Drive in conjunction with development. e. Imnrove Terra Cotta .Road to a Modified Secandar_ standard between Nichols Road and iakeshore Drive in conjunction with development. f. For future traffic conditions, intersection geometrics as recommended in the Tratfic Study should be„z. implemented. g. For existing plus project traffic conditions, traffic signals should be installed at the intersections of: Lake Street and Z-15 F7B Ramps Lake Street and I-15 Ea Ramps Lake Street and Temescal Canyon Road Robb Road and boal Road Robb Road and Lakeshore Drive Nichols Road and I-15 Wa Ramps Nichols Road and I-15 EB Ramps Nichols Road and Collier Avenue Terra Cotta Road and Coal Road Terra Cotta Road and Lakeshore Drive L-2) Maintain a high level of service along arterials by restricting parking and controlling roadway access. L-]) Improve all internal project streets shown on Exhibit 18, Circulaticn Plan, to appropriate roadway standards as indicated, and install traffic signals at project roadways when warranted as shown on Exhibit la. L-4) Landscape plantings and signs shall be limited in height within the vicinity of project rcadvays to assure good visibility. ~~: ~/ Public Facilities and Services PROJECT IMPACTS There aze presently no fire M+tication Measures stations within the required M-1) The project will be required to satisfy City and County Fire re5pOII5e time fOi the Department standards Eor lire protection, including response ti i re sta ons. times and distance to E proposed Category II urban develo men[, thou h the p g M-2) Due to the sites's location within the Hazardous Fire Area, spacial constructimn is required,. in accordance viLR City of Lake Elsinore may Riverside County ordinance No. Sa 6. be acquiring a Site On H-3) The project snail provide adequate Lire hydrants, water Lincoln $t. north Of lines, water pressure, etc. in accordance vita LRe , requirements of applicable city and county ordinances. Machado which would be capable Of providing an In addition, see Mitigation N-1 within Section N.N., Fiscal acceptable level of service. xmpact Report Summary. Mitigation N-1 recommends the formation Projecti le t ti ill oP a Community Pacil ities district under the MellC-Roos Community mp mea a on w Facilities Act of 1982 to pay Poi certain proj eet expenses. result in the need for 22 additional de uties in order p ri-4) Far the security and safety of Future residents, the t0 achieve the desired following crime prevention measures shall be considered officer/resident ratio. The during site and building layout design: Alberhill Ranch project prover lighting in Coen areas; ld * visibility of doors and windows from the street and wou generate an between buildings: estimated 2 224 S[udenl5 h e l , identiP the ouse number i ation system shall be visible and piOpOSeS Lwp 1S-acre and readily apparent to emergency response agencies. eiementary school and one 20-acrejunior high school sites The Alberhill Ranch In additicn, see Mitigation N-1 within Section N.N., Fiscal-~ . Impact Report Summary. Mitigation N-1 recommends the formation Specific Plan and the 306 of a community facilities district under the Melia-ROCS Community units WhlCh could be Facilities Act of 1982 tC pay for certain project expenses. accommodated wtthln the M-6) Tne project applicant shall be required to work with the R-1 and R-S portions Of affected school districts in order to satisfy their concerns the Annexation Area would and insure that adequate school facilities are available far future project residents. reSOIL In a 2.973 average da and 5 776 MGD i- ' M-6) The Project will be suhj ect to fees imposed by AB 2926 . max ~ (51.53 per square foot Cf inhabitable space). As two scheol mum da demand for wat districts are involved, the fees are split between the Lake y er. Elsinore and Elsinore IInion School Districts. A water distribution system IS pIOpOSed t0 serve Lhe M-7) All conditions pertaining to eater and vastevater prOjeC2 area. POIt1Ons Of requirements as specified by the Elsinore Valley Municipal Water District shall he Followed. the site would have to be Served by the 1800 $ M-e) Assurance for provision of adequate eater and vastevater . service shall be required prior to approval of a subdivision pressure Zone system, map, in accordance with the State Subdivision Map Act. which has IIO facilities 8t M-9) The project shall comply with Title 20, California this time and W1Il Cequlre 8 Administrative Code Section 1604 (E) (Appliance Efficiencj i l i li Standards), which establish eLFiciency standards that see reg ona pumpstat on nes + the maximum ilov rate of all new shoverheads, lavatort 8nd Storage IGSerVO1iS. Faucets, etc., 'as yell as Health and Safety Code Section Total avera a dail f1 W 17621.7 which requires low-flush toilets and urinals in 0 5 g y virtually all buildings. of 1.3893 MGD of sewage "' are anticipated. To provide M-10) Park lands shall be provided in accordance with City of Iake Elsinore Ordinance 85-74. sewage facilities, the master fanned treatment M-11) Where riding or hiking trails are provided within proj cot p open space, a minimum width of 14' should be allCVed to pladt Westerly of TemesCal accommodate both hikers and riders. Road must be constructed, In additicn, see Mitigation N-1 within Section N.N., Fiscal although aninterim pion is Impact Report Summary. Mitigation N-1 recommends the formatien av tiOn Of il bl f of a community facilities district under the Mello-Roos CCmmunity a a e ora Or p Facilities Act oL 1982 to pay for certain project expenses. the project, utilizing the ~/ ~~ CX1SGng Cheney Street K-12) Oevelopmant plans shall be provided to Scuthern California facility. The project WIII Gas Company, Southern California Edison and General Telephone as they become available in order to facilitate create a demand for $8.73 engineering, design and construction of improvements aCT¢S Of I2CTea[lOII necessary to provide service tm the project site. facilities, peT Ci[y M-17 ), Building energy conservation shall be achieved by Resolution 85-34 The compliance vith Title 24 of the California Administrative . Cade. Alberhill Ranch 'Specific Plan proposes a total of 80 acres of schools and parks, including a 30-acre Community Pazk. The projecf proposes a 14' equestrian/hiking trail from Nichols Road north through the open space, providing a connection to Lake Street for future off-site recreational uses as pazt of the County Pazk Depart- ment's proposed trail system. The project will create a demand for 182,946 kwh of electricity .- per day and 1,140,581 c.f. of natural gas per month. The project will generate 46 tons of solid waste per day, shortening the life of the Double Butte and El Sobrante Disposal sites. ~~ Fiscal Impact Report Summary PR07ECT IMPACTS: '°' " ' The principal results of the fiscal analysis are summarized below. Net surplus or deficit projected for the 15-year development period and the 16th year beyond for each of the four functional categories under consideration in the analysis are summarized as follows: Existing City Functions Excluding Fire Protection Recreation Services Fire Protection Function Total 15-Year Devel. Pericd - - - - - -$000's- 14,900.1 667.9 (4.a8d.01 TOTAL. POSSIBLE CITY FUNCTIONS 11,084.0 Remaining County Functions 11,092.3 TOTAL Of concern protection available including functions. 22,176.3 Year 16 & Beyond .(Annual) 1,745:7 71.6 (532.31 1,285.1 1,276.6 2,561.7 to the City may be projected deficits for the fire function. Some form of mitigation procedure should be to handle this amount of fire protection deficit, utilization of the projected surplus for other MITIGATION MEASURES N-1) If desired by the City of Lake Elsinore, a community facilities district shall be formed under the Mello-Roos Community Facilities Act of 1982 to pay for the cost of providing police, fire protection, ambulance and paramedic services and to pay for maintenance of parks, parkways and storm drains,. together with incidental expenses in connection therewith, by the annual levy of a special tax upon the lands within the community facilities district. - N=2) If desired by the City of Lake Elsinore, a district shall be formed under the Landscaping and Lighting Act. of 1972 to pay for the cost of maintenance .and servicing of street lighting, landscaped areas and other improvements authorized thereunder, including acquisition of land for park, recreational or open space purposes, together with incidental expenses in connection therewith, by the annual levy of an assessment upon the lands within the landscaping and lighting district. r'Cl Lam/ ~ EXHIBIT II. STATEMENT OF FACTS JULY 5, 1989 SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE PROPOSED PROJECT,, FINDINGS WITH RESPECT TO SAID EFFECTS, AND STATEMENT OF FACTS IN SUPPORT THEREOF, ALL WITH RESPECT TO THE PROPOSED AMENDMENT OF THE GENERAL PLAN OF THE CITY OF LAKE ELSINORE AND RELATED ACTIONS PERTAINING THERETO FOR GPA 89-7, and ALBERHILL RANCH SPECIFIC PLAN 89-2. BACKGROUND The California Environmental Quality Act (CEQA) and the State CEQA Guidelines (Guidelines) promulgated pursuant thereto provide: "No public agency shall approve or carry out a project for which an Environmental Impact Report has been completed and which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding." (Section 15091) The City of Lake Elsinore proposes to approve the proposed project, including amendments to the General Plan Land Use Element, the City Zoning Code, and approval of the Alberhill Ranch Specific Plan. Because the proposed actions constitute a project under CEQA and the Guidelines, the City of Lake Elsinore has prepared an Environmental Impact Report (89-2). The EIR identified certain significant effects which may occur as a result of this project. Further, this Council has determined that the EIR is complete and has been prepared in accordance with CEQA and the Guidelines. Therefore, the following findings are set forth herein pursuant to Section 15091 of the .CEQA Guidelines. I 1) GEOLOGY, SOILS & SEISMICITY Significant Effect - ~_ L/ Project implementation will alter the existing natural landform. Remedial grading and recontouring will be necessary in the mined out areas of the site. Project grading is anticipated to balance on-site. The project proposes retention of the majority of the primary ridgeline which extends through the center of the site. Areas of uncertified fills will require either full or partial removal and recompaction. FINDING.- Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. FACTS IN SUPPORT OF FINDING - Project grading for the Alberhill Ranch Specific Plan will blend with the natural topography. as much as possible, by clustering development, terracing on hillsides and by preserving 531 acres of natural open space. IMPLEMENTING ACTION - Prior to construction, the City Engineer shall approve a grading plan and all supporting studies. Significant Effect - Grading will also be needed to stabilize potential landslide .-- areas. There is the potential for soil settlement and liquefaction impacts during a seismic event. FINDING - Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. FACTS IN SUPPORT OF FINDING - Within landslide areas, partial removal and/or buttressing will be required. Additional slope stability analyses shall be performed. The presence or absence of suspected faults on-site shall be confirmed by trenching. Erosion of slopes shall be controlled. Additional study is needed to develop mitigations for liquefaction prone soils. ~~ IMPLEMENTING ACTION - Prior to construction, the City Engineer shall approve a grading plan and all supporting studies. All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project or future project approvals as set forth above. 2) HYDROLOGY Significant Effect - Project development will increase runoff on-site, increasing flows in Walker Canyon Creek and other downstream facilities. The proposed storm drain system would discharge flows into Walker Canyon Creek just west of I-15. Due to the magnitude of the flow at the discharge point, energy dissipatators are required to prevent erosion of the stream bed. Some improvements (minimal) to Walker Canyon Creek are anticipated adjacent to the proposed commercial area to prevent channel erosion and to respond to potential flood hazards in this area. Runoff entering the Creek will contain minor amounts of pollutants typical of urban use. FINDING - Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. FACTS IN SUPPORT OF FINDING - All drainage facilities shall conform to the standards of the Riverside County Flood Control and w Water conservation District and the City of Lake Elsinore Community. Development Department. Erosion control devices and an energy dissipatating device shall be provided in order to protect the existing stream bed of Walker Canyon Creek, if necessary. Also, the California Department of Fish and Game, the United States Department of Fish & Wildlife and the Army Corps of Engineers shall be contacted to secure all necessary permits. IMPLEMENTING ACTION - Prior to tentative tract map approval, the project proponent will submit for review and approval drainage plans to the City of Lake Elsinore Community Development Department and other affected governmental agencies. All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project or future project approvals as set forth above. ~/ 3) NOISE Significant Effect - Construction noise represents a short term impact on ambient noise levels. FINDING - Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the. final EIR. FACTS IN SUPPORT OF FINDING - Construction hours will be limited to minimize noise impacts to existing residential development. IMPLEMENTING ACTION - Issuance of City construction permits by the project proponent will be subject to any City Noise Ordinances and Policies. Significant Effect - Traffic generated by the Alberhill Ranch specific plan will result in substantially increased noise levels along on-site and off-site roadways. Of the off-site roadway links experiencing a noise increase greater than 3 dB, only two are adjacent to existing residential use. On-site lots along Lake Street, Robb Road and Coal Road may experience noise levels over 65 CNEL without mitigation. FINDING - Changes or alterations have been required in, or -- incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. FACTS IN SUPPORT OF FINDING - All on-site residential lots and dwellings shall be sound attenuated so as not to exceed an exterior standard of 65 dB CNEL in outdoor living areas and an interior standard of 45 dB CNEL in all habitable rooms. The project proponent shall participate in any in-place City off-site highway noise mitigation program. IMPLEMENTING ACTION - The project proponent will be required to submit additional acoustic studies to the City of Lake Elsinore prior to tentative tract map approval. All significant environmental effects that can feasibly be avoided have been. eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project or future project approvals as set forth above. 4) CLIMATE AND AIR QUALITY Significant Effect - Temporary air quality impacts will .result from project construction. ~~ FINDING - Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. ~ FACTS IN SUPPORT OF FINDING - To minimize dust generation SCQAMD Rule 403 requiring watering during grading operations shall be adhered to. IMPLEMENTING ACTION - During all grading operation, adherence to SCQAMD Rule 403 shall be required. Significant~Effect - When the project is completed and occupied, the project area will be directly affected by: (1) vehicle emissions from project traffic, (2) indirectly influenced by pollutants emitted by power generation plants which serve the project in the South Coast Basin. Projected total emissions will increase existing subregional emissions by 10.7% - 23.3% within Source Receptor 25. FINDING - Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. -Such changes have been adopted by such other agency or can and should be adopted by such other agency. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives Y= identified in the EIR. FACTS IN SUPPORT OF FINDING - The most significant reductions in regional air pollutant emissions are attainable through programs promulgated by the South Coast Air Quality Management District (SCAQMD) which reduce reliance on vehicular travel associated with the project. Additionally, energy conservation measures are included in the AQMP. IMPLEMENTING ACTION - The City of Lake Elsinore shall implement measures included in the AQMP as part of future project approvals. All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project or future project approvals as set forth above. Regional air quality impacts are considered a significant adverse -- impact of the project. 5) WILDLIFE AND VEGETATION Significant Effect - Project implementation will require the removal of vegetation on approximately 1,300 acres of the site, which will destroy wildlife ~~ habitats as well. However, the Alberhill Ranch Specific Rlan retains 531 acres of open space, permanently preserving sensitive riparian habitats along Temescal Creek, avoiding impacts to the least bells vireo. ~ FINDING - Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. FACTS IN SUPPORT OF FINDING - An erosion control plan shall be prepared for all development areas draining into Temescal Creek. Any modification to: the Creek will require permits from the Department of Fish and Game and the U.S. Fish and Wildlife Service. Revegetation of slopes shall utilize native species. IMPLEMENTING ACTION - Prior to issuance of a grading permit, an erosion control plan shall be approved by the City of Lake Elsinore and clearance from the Department of Fish and Game and the U.S. Fish and Wildlife Service may be required. Significant Effect - Development in areas presently occupied by the SKR will<eliminate existing populations of the species. FINDING - Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the` final EIR. FACTS IN SUPPORT OF FINDING - As the SKR is on the Federal Endangered Species List, project development will be subject to City of Lake Elsinore Ordinance 89 - IMPLEMENTING ACTION - Project developer shall abide by City Ordinance 89 - as tentative tract maps are approved. Significant Effect - Three sensitive plant species are known to exist within the project. FINDING - Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternative identified in the EIR. FACTS IN SUPPORT OF FINDING - The City and Project Developer shall determine the feasibility of implementing the suggested mitigations from the botanical assessment included as part of the "Response to Comments" section of the Final EIR. Where possible the ~~ City shall approve a Resource Management Plan. Due to topographical and soil constraints, it is possible that project development will result in the loss of sensitive plant resources. IMPLEMENTING ACTION - Prior to grading of biologically sensitive areas the feasibility of a Resource Management Plan shall be reviewed by the City of Lake Elsinore. All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project or future project approvals as set forth above. The loss of sensitive plant resources would be considered A significant adverse impact of the project. 6) LAND USE Significant Effect - Project approval will result in the annexation of 2,667 acres into the City of Lake Elsinore. FINDING - Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. FACTS IN SUPPORT OF FINDING - The designations applied to the properties within the annexation are either comparable to existing County designations or the City~s "SPA" designation, which requires preparation of a Specific Plan as part of any project approval. IMPLEMENTING ACTION - The City of Lake Elsinore will require either adoption of a Specific Plan or tentative tract maps prior to any construction. Significant Effect - The Alberhill Ranch project will result in a "Specific Plan" designation on the City General Plan and the construction of 3,705 d.u. on 896 acres of the site, 531 acres of open space, 254 acres of commercial use, 30 acres parks and 50 cres of school/park sites. FINDING - Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. FACTS IN SUPPORT OF FINDING - The preparation of the Alberhill Ranch Specific Plan complies with the City of Lake Elsinore General Plan designation and it contains special land use and design controls that are not available when land develops on a tract by tract basis. Adequate school facilities, parks and open space, circulation, etc. are provided, as are design guidelines, site planning criteria, etc. No additional mitigation for impacts to land use are recommended.. ~/ IMPLEMENTING ACTION - The City of Lake Elsinore shall adopt a Specific Plan for the Alberhill Ranch prior to the filing of tentative tracts. a All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project or future project approvals as set forth above. 7) POPULATION AND HOUSING Significant Effect - Utilizing the factors established by the City of Lake Elsinore for park dedication requirements, a population of 11,841 persons would be generated by the Alberhill Ranch Specific Plan. A population of 1,114 persons would be generated within the other portions of the Annexation Area. The resulting 12,955 population represents a 100% increase to the 1988 City population. FINDING - Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. FACTS IN SUPPORT OF FINDING - SLAG GMA-1 Baseline Projections are not exceeded. The Alberhill Ranch Specific Plan also proposed 254 acres of commercial use, creating an estimated 3,097 jobs for project and area residents, enhancing the job/housing balance in the region.~- No mitigation measures are recommended for the increased housing and population generated by the project. .Mitigation measures relative to the increased demand for service as a result of the annexation request are discussed in Section IV M., Public Facilities and Services,- of the Final EIR. IMPLEMENTING ACTION - City of Lake Elsinore shall adopt a Specific Plan which complies with the Housing Element of the City General Plan. All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project or future project approvals as set forth above. 8) ENERGY RESOURCES The Alberhill Ranch Specific Plan will create a demand for 749,200 cubic feet of natural gas per day and 182,946 kwh of electricity per day. The 306 units which could be accommodated within the R-1 and R-S zoning of the annexation area will consume 67,983 cubic feet of natural gas and 6,000 kwh of electricity. FINDING - Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such findings have been adopted by~such other agency or can and should be adopted by such other agency. ~,/ FACTS TN SUPPORT OF FINDING - The Architectural Guidelines for the Alberhill Ranch Specific Plan requires that future development comply with several measures relating to energy conservation. IMPLEMENTING ACTION -All necessary permits and approvals shall be granted by the respective public agency as part of the tract map approval process. All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project or_future project approvals as set forth above. 9) AESTHETICS Significant Effect - Implementation of the Alberhill Ranch Specific Plan will permanently alter the nature and appearance of the site through grading and development. FINDING - Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. FACTS IN SUPPORT OF FINDING - Approximately 531 acres of the site will remain as open space, .encompassing the significant ridgeline located west of and parallel to I-15, as well as the riparian vegetation associated with Temescal Creek. No grading is proposed within this area; therefore appearances of the site from portions of I-15 will not be impacted by project development. Project approval will significantly improve the appearance of the mined area on-site. In addition, the Specific Plan contains Development Standards and Design Guidelines which regulate future development within the project. IMPLEMENTING ACTION - The City of Lake Elsinore shall be responsible for implementing the design guidelines of the Specific Plan as future applications .are processed. All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project or future project approvals as set forth above. 10) HISTORIC AND PREHISTORIC RESOURCES Significant Effect - Project grading could result in the destruction of known and unknown on-site archaeological and paleontological resources. All known sites will be directly impacted by development. The mining historical site will be removed as a result of project development; however, its recordation is adequate mitigation. ~,/ FINDING - Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. ~ FACTS IN SUPPORT OF FINDING - For archaeological resources, data collection for site one shall be performed and data collection/testing program shall be performed for site two. An archaeologist shall be contacted if any cultural resources are found during grading. Samples shall be collected from known sites prior to project grading. Grading in the sediments of the Silverado, Pauba and Older Alluvium shall be monitored full time to permit the collection of specimens. IMPLEMENTING ACTION - Mitigation resources identified in the Final EIR shall be implemented as part of grading permit issuance. All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project or future project approvals as set forth above. 11) MINERAL RESOURCES Significant Effect - Project development will preclude future use of the site for clay extraction. The Specific Plan proposal would eliminate the State MRZ zone from the site. The mined area of the site will require -- "reclamation" in order to accommodate the project. FINDING - Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. FACTS IN SUPPORT OF FINDING - An amendment to a previously-approved Reclamation Plan for the mined area must be reviewed and approved by the City and/or the State Mining Board. IMPLEMENTING ACTION - Project developer shall prepare an amendment to the previously approved Reclamation Plan for the mined area for approval by the City and/or the State Mining Board prior to issuance of grading permits. All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project or future project approvals as set forth above. 12) CIRCULATION Significant Effect - The project will generate 80,070 external trips and 576,500 miles of travel per day. 1~ FINDING - Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. FACTS IN SUPPORT OF FINDING - The Alberhill Ranch Specific Plan proposes an on-site circulation system which implements the Riverside County and City of Lake Elsinore Circulation Elements. Improve Lake St. between Coal Rd. and I-15 to an Arterial; improve Coal Rd. between Lake St. and Terra Cotta Rd. to a Major; improve Nichols Rd. between Coal Rd. and the project boundary east of I-15 to a Major; improve Robb Rd. to an Arterial between Coal Rd. and Lakeshore Dr; and improve. Terra Cotta Rd. to a Modified Secondary between Nichols Rd. and Lakeshore Dr. IMPLEMENTING ACTION - The City Engineer shall approve the phasing and design of road improvement plans as tentative tract maps are approved. Significant Effect - All intersections but one in the project area are projected to operate at Level of Service (LOS) C or better in the p.m. peak hour, with proposed improvements. For future traffic conditions with area wide growth and surrounding development plus the project, all intersections but one in the vicinity of the site will operate at LOS C or.better. FINDING - Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. FACTS IN SUPPORT OF FINDING - Intersection geometries recommended by the Traffic Study should be implemented. For existing plus project traffic conditions, traffic signals are warranted at l0 intersections. IMPLEMENTING ACTION - The City Engineer shall approve the phasing and design of road improvement plans as tentative tract maps are approved. Significant Effect - Project development will warrant alternative sources of transportation. FINDING - Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. FACTS IN SUPPORT OF FINDING - Bike trails, pedestrian walkways and an equestrian/hiking trail are proposed within the Alberhill Ranch Specific Plan. l,/ IMPLEMENTING ACTION - The City of Lake Elsinore Community Development Director shall require the implementation of all trails and bikeways addressed within the Specific Plan as tentative tract maps are approved. ,, All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project or future project approvals as set forth above. 13) PUBLIC FACILITIES & SERVICES Significant Effect - There are presently no fire stations within the required response time for the proposed Category II urban development, though the City of Lake Elsinore may be acquiring asite on Lincoln st., north of Machado which would be capable of providing an acceptable level of service. Project implementation will result in the need for 22 additional deputies in order to achieve the desired officer/resident ratio. FINDING - Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making -- the finding. Such findings have been adopted by such other agency or can and should be adopted by such other agency. FACTS IN SUPPORT OF FINDING - The project will be required to satisfy City and County Fire Department standards for fire stations. A Mello-Roos District may be formed to pay for certain project expenses. IMPLEMENTING ACTION - City and County Fire Department standards shall be satisfied prior to construction of any inhabitable structures . Significant Effect - The Alberhill Ranch project would generate an estimated 2,224 students and proposes two 15-acre elementary school and one 20-acre junior high school site. FINDING - Such changes or alterations are within the responsibility and .jurisdiction of another public agency and not the agency making the finding. Such findings have been adopted by such other agency or can and should be adopted by such other agency. FACTS IN SUPPORT OF FINDING - The project will be subject to school impact fees imposed by AB 2926. l~ IMPLEMENTING ACTION - Project .development will be subject to the payment. of impact fees imposed by AB 2926 prior to issuance of building permits. Significant Effect - The Alberhill Ranch Specific Plan and the 306 units which could be accommodated within the R-1 and R-S portions of the Annexation Area would result in a 2.973 average day and 5.776 MGD maximum day demand for water. A water distribution system is proposed to serve the project area. Portions of the site would have to be served by the 1800.5 pressure zone system, which has no facilities at this time and will require a regional pump station, lines and storage reservoirs. Total average daily flows of 1.3893 MGD of sewage are anticipated. To provide sewage facilities, the master planned treatment plant westerly of Temescal Road must be constructed, although an interim plan is available for a portion of the project, utilizing the existing Cheney street facility. FINDING - Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such findings have been adopted by such other agency or can and should be adopted by such other agency. FACTS IN SUPPORT OF FINDING - All conditions pertaining to water and wastewater requirements as specified by the Elsinore Valley Municipal Water Dist. shall be followed. In order to conserve water, the project shall comply with Title 20 of the Calif. Admin. Code. IMPLEMENTING ACTION - Assurances for provision of adequate water and wastewater service is required prior to approval of a subdivision map, in accordance with the State Subdivision Map Act. Significant Effect - The project will create a demand for 58.73 acres of recreation facilities, per City Resolution 85-34. FINDING - Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. FACTS IN SUPPORT OF FINDING - The Alberhill Ranch Specific Plan proposes a total of 80 acres of .schools and parks, including a 30-acre Community Park. The project proposes a 14' equestrian/hiking _ trail from Nichols Road north through the open space, providing a connection to Lake Street for future off-site recreational uses as part of the County Park Department's proposed trail system. IMPLEMENTING ACTION - City Resolution 85-34 will be implemented as tentative tract maps are approved. ~~ Significant Effect - The project will generate 46 tons. of solid waste per day, shortening the life of the Double Butte and E1 Sobrante Disposal sites. FINDING - Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. Such changes or alterations are within the responsibility and jurisdiction of- another public agency and not the agency making the finding. Such findings have been adopted by such other agency or can and should be adopted by such other agency. FACTS IN SUPPORT OF FINDING - The Specific Plan includes guidelines for provision of trash collection stations. IMPLEMENTING ACTION - Project developer will incorporate those guidelines described in the Specific Plan as individual tentative tract maps are approved. All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project or future project approvals as set forth above. ~~ STATEMENT OF OVERRIDING CONSIDERATIONS JULY 5, 1989 BACKGROUND The California Environmental Quality Act (CEQA) and the State EIR Guidelines promulgated pursuant thereto provide: "(a) CEQA requires the decision maker to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. If the benefits of the proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered 'acceptable'. (b) Where the decision of the public agency allows the occurrence of significant effects which are identified in the final EIR but are not at least substantially mitigated, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. This statement may be necessary if the agency also makes the finding under section 15091 (a) (z) or (a) (3). (d) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the Notice of Determination (Section 15093 of the Guidelines)." The City of Lake Elsinore proposes to approve the proposed General Plan Amendment, Zone Change, and the Alberhill Ranch Specific Plan. Because these actions constitute a project under CEQA and the State CEQA Guidelines, an Environmental Impact Report (89-2) has been prepared by the City of Lake Elsinore. The EIR has identified certain significant effects that will result from this project that cannot feasibly be completely avoided. The preceeding Statement of Facts contains a listing of significant effects which reflect the unavoidable adverse impacts associated with the proposed project. The following overriding considerations are provided against which these unavoidable adverse effects are balanced in reaching a decision on this project. The remaining unavoidable adverse impacts are found acceptable given the mitigations, conditions and overriding considerations contained in this Resolution. 1. The Alberhill Ranch project will provide a variety of residential dwellings within a master-planned residential community which utilizes innovative site planning concepts while maintaining the visual attributes of the project. ~/ 2. The Alberhill Ranch project will provide a sufficient variety of housing types which reflect existing economic parameters, complement current housing supply and respond to market demand. 3. The Alberhill Ranch project is proposed for development in a manner which is consistent with existing and planned surrounding land uses. 4. The Alberhill Ranch will designate approximately 531 acres or 28% of the site for natural open space uses. The majority of the open space will be retained north of the primary ridge line in Walker Canyon. The riparian woodland along Temescal Creek will be preserved in .order to maintain a significant wildlife habitat on the site. 5. The development of the Alberhill Ranch will preserve the significant ridge line located west of and parallel to I-15 thus preserving the view and appearances of the site from most portions of I-15. Development will significantly improve and enhance the _ appearance of the mined area on-site. 6. The Alberhill Ranch Project will participate in improvements to the overall circulation system surrounding the site by providing for the upgrading of Lake St., Robb Road, Coal Road and Nichols Road. 7. The Alberhill Ranch Project will significantly add to the existing non-vehicular circulation systems in the area by providing bike lanes, walkways and equestrian hiking trails throughout the property. 8. The Alberhill Ranch Project will provide to EVMWD new water distribution and storage facilities and new sewage treatment facilities to serve the Alberhill Ranch Project and adjacent areas thereby improving the quality of service to the area north of the City of Lake Elsinore. 9. Upon ultimate development, the Alberhill Ranch Project is expected to generate a positive monetary contribution to the City of Lake Elsinore and County of Riverside in excess of $2,500,000 annually,. as well as the creation of over 3,000 new jobs. i ~~ _ EXHIBIT III ~~ TABLE 10 COMPLIANCE WITH GENERAL PLAN GOALS - ALBERHILL RANCH LAND USE GOALS Goal 1.1 Provide the citizens of Lake Elsinore with a balanced commu- nity of ~reaidential, commercial, industrial, recreational, and institutional uses necessary to satisfy the social and economic segments of the population. Objective: Encourage the development of both existing and new neighborhoods in an orderly fashion, wherever growth does not exceed the capacity of the community to provide necessary services and facilities. Implementation: All infrastructure improvements shall be assured prior to or concurrent with the development of new neighborhoods in Alberhill Ranch. School and park sites shall be dedicated in accordance with school district requirements and adopted City ordinances. Objective: Encourage the development of commercial centers at strategic points in the Planning Area. Implementation: Neighborhood commercial sites are provided in close proximity to residential areas. Community and sub-regionally oriented commercial sites are located at both freeway interchanges at Lake Street and Nichols Road. Objective: Enhance and encourage the revitalization of the Central Business District to serve the needs of perma- nent-residents and tourists. Implementation: No specialty retail or tourist-oriented commercial sites are designated within the project area to compete with such uses in the CBD. Objective: Encourage the location of Industries which are compatible with the Valleys resources, climates and appearance. Implementation: The mixed use development concept implemented by the C-SP designations in the project area will accommodate light industrial, research and development uses at prime freeway locations. -246- ~~ Goal 1.2 Enhance the quality of life for Lake Elsinore residents while accommodating gradual development which harmonises with the natural environment. Objective: Create an urban environment which is satisfying to the residents of the community, and which will appeal to the many people in Southern California who seek loca- tions for recreation purposes or permanent residence in Lake Elsinore. Implementation: Both active and passive recreational areas and expansive open spaces have been integrated into the design of the project. Goal 1.3 Provide an adequate level of public services and facilities for the present and future residents of the City. Objective: Existing sewer and water deficiencies will be corrected prior to, or concurrent with, the extension of services and facilities to ,undeveloped areas. Implementation: Both on-site and off-site improvements to-- water and sewer facilities are programmed as part of this project. Objective: Adequate solid waste facilities will be provided which are suitably located to serve the Planning Area. Implementation: Solid waste disposal services will be ar- ranged prior to the occupancy of residential and non- residential buildings within the project. Objective: Adequate school facilities and services will be provided to all new development in the City. Implementation: School sites have been incorporated into the Land Use Plan in accordance with Lake- Elsinore and Elsinore Union High School Districts criteria. CIRCULATION GOALS Goal 2.1 Provide a network of transportation systems to serve the needs of residents and visitors to the Elsinore Valley. Objective: Plan for and implement a network of arterial, .major, .and collector roads that together provide proper access between the various parts of the City. -247- ~~ Implementation: Roadways within Alberhill Ranch have been designed and t3i11 be improved according to City General Plan standards. Objective: Maintain the current level of transit services .and expand such services as required when demand levels increase. Implementation: Transit facilities such as benches, shel- tera, and pedestrian access will be provided along expanded .transit routes as required by City standards. Objective: Insure that adequate on-site parking facilities are provided for all land uses. Implementation: Parking facilities shall be provided in accordance with City regulations. Objective: Provide for the safe and convenient use of.bicy- cles throughout the City for recreation and as a viable alternative to the automobile as a form of transports- ~ tion. Implementation: Bike lanes linking designated City and County routes have been delineated throughout the prof- ect and will be improved i.n conjunction with road con-_ struction. ENVIRONMENTAL RESOURCES MANAGEMENT GOALS Goal 3.1 Conserve biotic and physical resources of scientific and ecological value for the benefit of future generations. Objective: Protect and maintain significant examples of plant and animal life by reducing negative impacts. of human activities. Implementation: An extensive natural buffer will be main- tained .between areas of human. activity south of the primary ridgeline in the center of the site and the riparian habitat area along Temescal Creek. . Goal 3.2 Preserve the unique open space character of the Lake Elsinore Planning Area. Objective: Fulfill the City~s responsibility- as trustee of the environment for succeeding generations by maintain- ... ing open space resources. -248- ~~ v Implementation: Extensive open space has been retained by utilizing clustered development concepts adjacent to natural areas, such as Planned Residential Devglopment. Natural open space will be maintained in the Walker Canyon area of the .project site, providing a scenic corridor along Interstate 15 between Lake Street and Nichols Road. Goal 3.3 _ Promote the use of mineral, groundwater and air resources with economic or public significance in a manner which will insure their productivity and utility to present and future generations. - Objective: Promote the economic use of mineral and ground- water deposits in a manner which will generate benefits to present and future generations. Implementation: 'The economic value of mineral resources on- site will ba re-evaluated as part of this planning process. Objective: Maintain and improve, wherever possible, the Planning Area's air quality. Implementation: Concentrations of vehicle emissions from traffic generated from the project should not exceed the standards established by AQMD and SCAG. Goal 3.4 Protect and preserve areas with prime agricultural lands from premature conversion to urbanized uses. Objective: protect and maintain agricultural lands which permit production of food and fiber as wall as provide open space views which contribute to the rural character of the Lake Elsinore Valley. _ Implementation: No land classified as Prime Agricultural Land will be converted to urban uses as part of this project. Goal 3.5 Protect and expand areas containing recreational resources in a manner that will preserve the integrity of the resource. Objective: Maintain an open space system which provides outdoor recreation opportunities for residents. and visitors. -249- _y 1 ~ Implementation: Recreational opportunities are available in open space areas adjoining development areas, such as along. the south side of the primary ridgeline, to en- hance access to .residents. Goal 3.6 Enhance the physical, mental and spiritual well being of City residents by providing opportunities for relaxation , rest, activity, education, and relationships with their neighbors. Objective: Provide recreational facilities wh~.ch are easily accessible to all to all residents. Implementation: Two neighborhood parks and one community park have been incorporated into the land use plan in close proximity tb residential areas. Goal 3.7 Protect and preserve historic cultural resources. Objective: Encourage cultural, educational and recreational facilities and activities, ensuring their activity. Implementation: During the tentative map stage, proposeda grades for the site will be designed to increase stabil- ity in mined areas and landslide areas. Goal 3.9 Provide a living environment free from potential hazards associated with slope failure or mudslide. Objective: Reduce the loss of life, damage to property, and social and economic dislocations resulting from flood or dam failure hazards. Implementation: Drainage will be controlled by constructing more stable slope gradients, revegetating slopes, and ' constructing properly engineered drainage systems. Goal 3.11 Provide a living environment free from potential hazards associated with extensive wildland and structural fires. Objective: Reduce the loss of life, damage to property, and the economic and social dislocations resulting from wildland and structural fires. -250- ~~ Implementation: ThG threat of wildland fire will be reduced through the installation and maintenance of fuel modifi- cation zones between development areas and natuxal open spaces; Structural fires will be prevented through the enforcement. of Fire Code requirements during the build- ing permit stage. Goal 3.12 Provide an-adequate level of public security. Objective: Reduce the loss of life, damage to property, and the economic and social dislocations resulting from ' breaches in security and violations of law. Implementation: Ensure the design of subdivisions and devel- opment projects in. keeping with defensible space con- cepts; Enforce building security requirements at building permit stage. HOUSING GOALS Goal 4.1 Provide a variety of housing types proportionally priced and sized to meet resident and community needs. -- Goal 4.2 Encourage development in areas of existing public facilities and services. Goal 4.3 ' Maintain the existing housing stock through rehabilitation. Goal 4.4 Provide environmentally sensitive and energy efficient hous- ing in the City. Goal 4.5 Facilitate communication between the public and private sectors in the housing market. Objective: Concentrate on providing public facilities and services in areas of existing development and discourage development which requires extending public facilities and services. Implementation: Alberhill Ranch is directly adjacent to existing and developing residential areas and represents a .logical extension of the prevailing urban pattern ; -251- _..~ ' i ~~ The extension,of public facilities and services will be funded by thole areas which directly benefit from those facilities and services. NOISE GOALS Goal 5.1 Protect and maintain those areas having acceptable noise environments, and provide for the reduction oP noise where the noise environment is unacceptable. Objective: Protect and enhance the City's noise environment by simultaneously controlling noise at its source, along its transmission paths, and at the site of the ultimate receiver. First priority shall be given to residential areas to assure an environment free Prom excessive or damaging noise. Control of noise at its source shall be given priority over changes to residential structures or neighborhoods where practical. Implementation: Anticipated noise levels generated by traf- fic through the project will not exceed City standards; Adequate landscape buffers and building setbacks will ' ensure noise attenuation. No residential development is proposed adjacent to I-15. -- COMMUNITY DESIGN GOALS Goal 6.1 Improve Lake Elsinore'8 physical, visual, and historic envi- ronments. Objective:. Recognize and protect major views in the City with particular attention given to scenic hillsides and the Lake. Implementation: Predominant landforma within the project area will be maintained; Grading concepts will utilize existing contours to the extent feasible. Objective: Enhance the general quality of design and empha- size the unique character of each residential neighbor- hood, and commercial and industrial areas. Implementation: Extensive design guidelines and development :standards have been incorporated. into this Specific Plan; To be applied during Site Plan and Subdivision Map Review. Objective: Encourage the preservation of buildings which have historic and/or architectural merit. -252- ~,/ Implementation: Noxbuildings worthy of preservation exist on the site. ~ Objective: Maintain the present scale of buildings within the City. - Implementation: Development standards contained within this Specific Plan recognize and ara consistent with the present scale of the City. Goal 6.2 Improve the visual quality as well as the physical efficiency of the existing and future circulation systems. Objective: Provide safe, attractive, scenic routes which will serve the motoring public, bicyclists and pedestri- ans. Implementation: Extensive landscaped corridors are provided along the project circulation system which incorporate ample pedestrian facilities and bike lanes. Objective: .Increase the clarity of routes for travellers. Implementation: The proposed streetscape program defines the hierarchy of highways and streets serving the project•- area, providing clearer direction for those utilizing the circulation system. -253- ~~ TABLE 11 CONFORMANCE WITH CITY COUNCIL POLICIES - ALBERHILL RANCH Policy (1): The City shall not amend, alter, or apply the General Plan or Zoning designations in any manner which would clearly or likely cause potential harm to the health, safety, or general welfare of the citizens and residents of~the City of Lake Elsinore. Conformance: The General Plan Amendment and Pre-Zoning of the Alberhill Ranch Specific Plan Area will benefit the citizens and residents of the City by including the area within the City's jurisdiction, adding to its tax base and providing for its control of development. Policy (2): The City shall not amend, alter or apply the General Plan or Zoning designations in any manner which would result in an INCONSISTENCY between the General Plan and the Zoning Code. Simultaneous amendments to either the General Plan or a Zoning designation are permitted when they are elements of a single project proposal. Conformance: Amendment of the General Plan and Pre-Zoning of the project site are elements of a single proposal and -" will provide consistency between the General Plan Land Use Map and City Zoning Map. Policy (3): The City shall not approve any proposed land use project or modification of the General Plan and Zoning which clearly can be seen to cause significant environ- mental harm to the City of Lake Elsinore and/or its citizens and residents unless substantial factual infor- mation is submitted and made a part of the public record so that well founded overriding considerations can be made. Conformance: A comprehensive environmental assessment and .Environmental Impact Report have been completed on the project and provide all necessary disclosures regarding anticipated impacts and mitigation measures. Policy (4): The City shall give its first preferred consid- eration to those development proposals which provide for regional and aubregional .'.commercial/industrial uses which clearly avoid any significant conflict with the land uses and potential land uses of the downtown Cen- tral City Cora as a "Specialty Commercial" development center. Said Specialty Commercial uses include but are not limited to: professional office uses, specialty retail uses, restaurant/outdoor cafe uses, and other -254- ~,/ similar land ruses which vehicular movements. do not generate high volume Conformance: Areas designated C-SP within the project are intended to attract regional and subregional commercial/ industrial uses. No specialty retail or tourist commer- cial uses are proposed as part of the Specific Plan. Policy (5): The City shall give its second preferred consid- eration to those development proposals which provide for middle and upper income residential development. The need for such land use development is viewed as criti- cally needed within the City to provide for improved urban standards and community balance. Conformance: The Specific Plan provides for a variety of residential housing types, including those preferred by this policy. Policy (6): The City shall give its third preferred consid- eration to those development proposals which provide for YEAR AROUND RECREATIONAL USES. The City shall give priority to those recreational development proposals which provide facilities that clearly lend themselves to year around use by the public. ~_ Conformance: Recreational uses are provided in the Porm of neighborhood and district level facilities as defined in the City General Plana Policy (7): The City shall insure that where high density, multiple family, .residential land uses are proposed that said uses are: (1) not greater than 10 net acres in size either by themselves or as an accumulation of 10 net acres with surrounding adiacent high density, multi- ple family, residential uses; and, (2) that the design of such high density, multiple family, residential uses provides for adequate open common areas. This Policy shall not apply to any current or proposed Specific Plans which may be approved by the City. Conformance: High density residential sites within the project area do not exceed 10 acres in size and are not adjacent. Policy (8): The City shall view Lake Elsinore as the primary center or beginning point for the overall development of the City now and in the future. In this view, the City shall endeavor to generally reduce the intensity of land uses as land use projects distance themselves from the .Lake. .Major commercial and/or industrial centers shall also be viewed as land use centers where surrounding land use intensity is gradually reduced as projects distance themselves from such centers. Ultimata land -255- use patterns within the City shall result from a full consideration ,~of: existing and proposed infrastructure facilities, environmental conditions and limitations, and social and Community needs. Conformance: Residential density of the project is ~onsis- tent with those of other Specific Plan projects at the clty~s perimeter. The intensity of non-residential uses are of appropriate scale to accommodate regional and subregional demands at freeway interchanges and are reduced to accommodate residents within the project itself. Policy (9): Established rural residential property shall not have high intensity land uses placed adjacent to and contiguous with its boundaries. Conformance: No high intensity land uses are proposed adja- cent to any established rural residential areas. 1 -256- ORDINANCE N0. 863 AN URGENCY INTERIM ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING A MORATORIUM, ON NEW DEVELOPMENT APPROVALS ON PROPERTIES IN EAST FLOODPLAIN AND CITY LAKE PERIMETER, WHICH IS GENERALLY DEFINED [BY A BOUNDARY ALONG f1ISSION TRAIL AND CORYDON ROAD ON THE EAST; TO CEREAL STREET ?' AROUND SKYLARK AIRPORT THENCE SOUTHWESTERLY TO THE CITY LIMITS AND THEN WESTERLY ALONG THE CITY LIMITS TO THE STATE -~,~° RECREATION AREA BOUNDARY, THENCE NORTHERLY TO ALINE APPROXI- MAYFLY 1320 FEET NORTH OF SYLVESTER STREET THENCE EASTERLY FROM THE STATE RECREATION AREA BOUNDARY TO THE SAN JACINTO RIVER AND AROUND THE VONS SHOPPING CENTER TO LAKESHORE DRIVE. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE HEREBY FINDS THAT: 1. The City in conjunction with the Redevelopment Agency is contem- plating the development of a land use and circulation plan for the East Floodplain and City Lake Perimeter area. 2. Additional development approvals within the Planning Area may conflict with the proposed elements of the contemplated plan. 3. Pursuant to California government Code Section 65858 current and pending development proposals constitute an immediate threat to adversely impact elements of the contemplated plan, especially the provision of safe and adequate access to public and private lands, thereby constituting a current and immediate threat to the public health, safety and welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE. Any approvals of subdivisions, use permits, variances, design review approvals, or any other applicable entitlement for use which is required in order to comply with the zoning Ordinance shall be prohibited within the East Floodplain and City Lake Perimeter Area, as shown in Exhibit A, attached hereto and made a part hereof, until a land use plan for the entire Planning Area is adopted or this interim ordinance or subsequent extensions have expired. -1- Ordinance No. 863 SECTION TWO. This Ordinance shall become effective upon its adoption and expire on October 24, 1989, unless subsequently extended in the manner required by law. PASSED, APPROVED AND ADOPTED this 12th day of September, 1989, upon the following roll call vote: AYES: NOES: ABSENT: ABSTENTIONS: COUNCILMEMBERS: BUCK, D061INGUEZ, STAR KEY, WASHBURN COUNCILMEMBERS COUNCILMEMBERS COUNCILMEMBERS ATTEST: ~~ ~ Vicki Lynne 4 sa ity Clerk (SEAL1 APPROVED AS TO FORM AND LEGALITY: Ordinance No. September 12, 1989 NONE NONE WINKLER -2- Arvida Exhibit _. 1 --- ---- Arvida Exhibit ' STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first snd only reading on September 12, 1989, and was passeu uy the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 1+.'FsSTA.IN: COUNCILMEMBERS: WINKLER C VICKI LYNN KASACV~ CLER K CITY OF LA E ~LSIS~ORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 863, of said Council, and that the same has not been amended or repealed. DATED: September 14, 1989 Jam, VICKI LYb~N KASAD,. CITY CL RK CITY OF ELSINORE (SEAL) ORDINANCE NO. 664 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTIONS 17.54.030 AND 17.56.030 OF CHAPTERS 54 AND 56, RESPECTIVELY, OF TITLE 17 OF THE LAKE ELSINORE MUNICIPAL CODE RELATING TO HEALTH CLUBS, RACQUETBALL AND INDOOR TENNIS COURTS. (ZONE CODE AMENDMENT 89-2 - CITY OF LAKE ELSINORE) THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALI- FORMA, DOES ORDAIN AS FOLLOWS: SECTION ONE: Section 17.54.030.F. of Chapter 54 of Title 17 of the Lake Elsinore Municipal Code is hereby amended to read as follows: "F. Health clubs, racquetball and indoor tennis courts and similar related facilities." SECTION TWO: Section 17.56.030.E. of Chapter 56 of Title 17 of the Lake Elsinore Municipal Code is hereby amended to read as follows: "E. Health clubs, racquetball and indoor tennis courts and similar related facilities." SECTION THREE: This ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 12th day of September, 1989, upon the following roll call vote: AYES: COUNCZLMEMBERS: BUCK, DOMINGUEZ, STAR KEY, WASHBURN, WINKLER NOES: COUNCILMEPIBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE // // // PASSED, APPROVED, AND ADOPTED this 26th day of September, 1989, upon the following roll call vote: AYES: CDUNCILMEMBERS: BUCK, DDMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: CDUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: CDUNCILMEP1BERS: NONE +~ Jim Winkler, Mayor A TEST: i~ Vicki Ly ne I{asad, C ty Clerk (SEAL) APPROVED AS TO FORM AND LEGALITY: . nutY°}, STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, - DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on September 12, 1989, and had its second reading on September 26, 1989 and was passed by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NONE NONE NONE VICKI LY E;"rKASAD, CIT CLERK CT_TY OF KE EI~SINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and _ correct copy of Ordinance No. 864, of said Council, and that the same has not been amended or repealed. DATED: September 27, 1989 ~~, VICKI LYI3'NE SAD, CITY CLE K CITY OF LAK ELSINORE (SEAL) ORDINANCE NO. 865 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA REPEALING IN ITS ENTIRETY CHAPTER 5.76 OF, AND ADDING CHAPTER 5.76 TO, THE "LAKE ELSINORE MUNICIPAL CODE" RELATING TO YARD SALES. muE /'~TTV ~l1TJTT~Tr~. ~Ty~+ Z+HE nlmY OF LAKE ELSINCRE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 5.76 of the "Lake Elsinore Municipal Code" is repealed. SECTION 2. Chapter 5.76 is added to the "Lake Elsinore Municipal Code" to read as follows: CHAPTER 5.76 YARD, GARAGE, AND HOUSE SALES 5.76.010 YARD SALE DEFINED. Yard sale, including patio or garage sales, shall mean the sale of personal property in, at, or upon any residentially zoned property by the occupant(s) and is limited to the sale of common household goods such as clothing, interior furnishings, small appliances, toys and other similar items. 5.76.020 EXEMPTIONS. The provisions of this chapter shall not apply to sales conducted pursuant to process or order of any court of competent jurisdiction. "" 5.76.030 FREQUENCY AND TIME.- An individual seller, household, home address, group, or family shall be permitted no more than two yard sales per calendar year. The length of time per yard sale shall not exceed three consecutive days and shall be held at least four months apart. Sales shall be conducted only between the hours of eight (8:00 a.m.) in the morning to eight (8:00 p.m.) in the evening. Charitable, religious and civic organizations shall be exempt from the provisions of this section. 5.76.040 DISPLAY. All merchandise offered for sale shall be arranged so that fire, police health and other officials may have access for inspection at all times during the sale. Personal property offered for sale shall not be displayed or PAGE TWO - ORD'INANCE NO. 865 stored on adjoining public sidewalks or streets or right-of-way. 5.76.050 SIGNS. One sign with an area not greater than four (4) square feet in area, may be posted on the property where the yard sale occurs, during the hours of the sale only. The sign must be removed at the conclusion of the sale. No other signs are permitted, including signs on public property. 5.76.060 PERMIT) REQUIRED. Ic''. snail be unlawful to conduct a yard sale, as defined in this chapter without a City Yard Sale Permit. Upon application, the Business License Clerk shall issue, without charge, a nontransferable permit for the specified location. SECTION 3. This ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 24th day of October , 1989, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ,_STARKEY, I~JASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 14th day of November 1989, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK DOMINGUEZ STAR KEY 4JASF'BURN b~INKLER NOES: ABSENT: ABSTAIN: 1' I LYNNE APPROVED AS , , COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE AD, CITY CLERK FORM & LEGALITY: JOHN R. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on uctober 24, 1989, and had its second reading on November 14, 1989 and was passed by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: V,. I YN KASAD1 , CITY CLERK CITY OF KE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NONE NONE NONE I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and-- correct copy of Ordinance No. 865, of said Council, and that the same has not been amended or repealed. DATED: November 20, 1989 'g1CKI LYN KASAD, CITY'CLERK CITY OF E ELSINORE (SEAL) ORDINANCE NO. 866 AN URGENCY ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, JOINING THE ESTABLISHED RIVERSIDE COUNTY STEPHENS' KANGAROO RAT HABITAT CONSERVATION PLAN STUDY AREA AND SETTING INTERIM MITIGATION FEES. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, -0RDAINS AS FOLLOWS: SECTION 1. TITLE. This Ordinance shall be known as the Stephens' Kangaroo Rat Interim Mitigation Fee Ordinance. SECTION 2. FINDINGS. The City Council finds and deter- mines that: (a) The Stephens' Kangaroo Rat is listed as a threatened species by the State of California, and the California Department of Fish and Game has recommended changing its status to endangered. (b) The U. S. Fish and Wildlife Service has listed the Stephens' Kangaroo Rat as an endangered species, effective October 31, 1988, pursuant to the Federal Endangered Species Act of 1973, 16 U.S.C. Section 1531 et. seq. (c) Following the Federal listing of the Stephens' Kangaroo Rat as an endangered species, the habitat of the species may not be altered without a Section 10(a) permit issued by the Secretary of the Interior. All requests for a Section 10(a) permit must be accompanied by a Habitat Conservation Plan approved by the U. S. Fish and Wildlife Service. Said permit will then allow for the loss of habitat due to development on the basis that the Habitat Conservation Plan will provide protection for the species and guarantee its survival. (d) Development within the historical range of the Stephens' Kangaroo Rat has resulted in loss and degradation of occupied Stephens' Kangaroo Rat habitat, increased isolation of Stephens' Kangaroo Rat populations, reduction of potential habitat areas for future colonization, and elimination of corridors which allow the species to relocate as environmental conditions warrant. (e) The Stephens' Kangaroo Rat's survival cannot be insured on small isolated acreages surrounded by, or in close- proximity to- development or human populations. (f) Impacts to the Stephens' Kangaroo Rat are not limited to loss or degradation of actually occupied habitat only. (g) The successful completion and implementation of a Habitat Conservation Plan for the Stephens' Kangaroo Rat would be jeopardized by not implementing an interim measure that requires review of each proposed development within the Riverside County Stephens' Kangaroo Rat Conservation Plan Preliminary Study Area to determine the best means of mitigating impacts to the Stephens' Kangaroo Rat. (h) Each proposed development project shall be reviewed to determine the most appropriate course of action to ensure the survival of the species in the long term, -as.well as,=during--the---preparation .. of .the ..Habitat Conservation Plan through one or more of the following: (1) On-site mitigation of impacts to the Stephens' Kangaroo Rat through the reservation or addition of lands included within or immediately adjacent to a potential habitat reserve site, or (2) Payment of the Interim Mitigation Fee set by this ordinance, or (3) Any combination of (1) and (2) consistent with the intent and purpose of this ordinance. A proposed development project may be referred, for review, to Federal and State resource agencies based upon criteria to be established and agreed upon by the County, the City, and said agencies. (i) A program providing for accordance with the Conservation Plan w establishing sufficient effectively protected Kangaroo Rat's survival all-site project mitigation in development of a Habitat ill provide a mechanism for habitat areas which can be and managed for the Stephens' and recovery. (j) Immediate implementation of this ordinance is necessary to make use of other potential funding opportunities for the development and implementation of a Habitat Conservation Plan for the Stephens' Kangaroo Rat. (k) The successful completion of a Habitat Conservation Plan depends upon providing protection to potential habitat reserve sites until the mechanisms for land acquisition contained within the Plan can be put into effect. (1) All Interim Mitigation Fees collected pursuant to the provisions of this ordinance shall be used for the development, preparation and implementation of a Habitat-Conservation-Plan for-the Stephens' - Kangaroo--' Rat, including the acquisition of habitat reserve sites, and for the application of a Section l0(a) permit under the Federal Endangered Species Act of 1973. (m) Adoption of this ordinance will provide interim mitigation for projects within the range of the Stephens' Kangaroo Rat allowing said projects to proceed during the preparation of a Habitat Conservation Plan for the Stephens' Kangaroo Rat, provided said projects are not located in areas identified as and meeting the criteria for potential habitat reserve sites needed for the long term conservation of the species. The approval of such development projects could jeopardize the survival of the species and therefore would be inconsistent with a Habitat Conservation Plan, even if an Interim Mitigation Fee is paid. -- (n) Adoption and implementation of this ordinance - ----demonstrates the County'-s.intent-and--the-City'.s:.intent to cooperate with federal and. state agencies to provide for the survival of the Stephens' Kangaroo Rat. (o) The passage of this ordinance is intended to be consistent with the requirements of state and federal environmental legislation, including the California Environmental Quality Act. SECTION 3. PURPOSE. The purpose of this ordinance is to finance the preparation, development and implementation of a Habitat Conservation Plan, including the acquisition of habitat reserve sites, and the application for a Section 10(a) permit under the Federal Endangered Species Act of 1973 for the Riverside County Stephens' Kangaroo Rat Habitat Conservation Plan Preliminary Study Area. It is the further purpose of this ordinance to provide a method for mitigation of impacts to the Stephens' Kangaroo Rat caused by the loss of its habitat due to development during the preparation of a Habitat Conservation Plan and provide for habitat mitigation to be identified in the Habitat Conservation Plan. Mitigation of impacts to the Stephens' Kangaroo Rat will be accomplished through the review of each proposed development project within the Riverside County Stephens' Kangaroo Rat Habitat Conservation Plan Preliminary Study Area to determine whether on-site mitigation through the reservation or addition of lands included within or immediately adjacent to a potential habitat reserve site or payment of the interim fee or a combination of both is appropriate and furthers the- ultimate-- Habitat--Conservation Plan-objectivesr- A proposed° development project may be referred, for review, to federal and state resources- agencies based upon criteria to be established and agreed upon by the county, the City, and said agencies. This ordinance provides for the establishment of this review process and satisfaction of on-site mitigation to protect potential habitat reserve sites or payment of the Interim Mitigation Fee or a combination of both, which upon implementation will satisfy U. S. Fish and Wildlife Service, California Department of Fish and Game, as well as county mitigation requirements for the Stephens' Kangaroo Rat and its habitat which may occur within the unincorporated areas of the County designated herein pending completion and adoption of a Habitat Conservation Plan and issuance of a Section 10(a) permit. SECTION 4. DEFINITIONS. As used in this ordinance, the following terms shall have the following meanings: (a) BOARD OF SUPERVISORS. The Board of Supervisors of the County of Riverside. (b) CERTIFICATE OF OCCUPANCY. "Certificate of Occupancy" shall mean a certificate of occupancy as defined by Ordinance No. or state law. (c) CITY. The City of Lake Elsinore. (d) COUNTY. The County of Riverside. (e) DEVELOPMENT PERMIT. City or County approval of a tentative tract map, tentative parcel map, conditional use permit, public use permit, plot plan, surface mining permit, or grading permit pursuant to the provisions of all applicable County or City ordinances. Where a development project has been previously reviewed and approved pursuant to the provisions of this ordinance, any subsequent implementing development permit shall not be subject to further review under this ordinance. (f) FEE ASSESSMENT AREA. All real property located within the Riverside County Stephens' Kangaroo Rat Conservation Plan Preliminary Study Area as described in Section 5 of this ordinance. (g) FINAL INSPECTION. "Final Inspection" shall mean a final inspection as defined by the Uniform Building Code, 1985 Edition, or state law. (h) HABITAT CONSERVATION PLAN. A plan prepared pursuant to Section 10(a) of the Federal Endangered Species Act of 1973, 16 U.S.C. Section 1539. (i) INTERIM MITIGATION FEE. The fee imposed pursuant to the provisions of this ordinance. (j) PARCEL. All real property for which a development permit is applied for. (k) RESIDENTIAL UNIT. A building or portion thereof used by one (1) family and containing but one (1) kitchen, and designed.. for single-family residential purposes only. (1) SECTION 10(a) PERMIT. A permit issued by the Secretary of the Interior pursuant to Section 10(a) of the Federal Endangered Species Act of 1973, 16 U.S.C. Section 1539. (m) STEPHENS' KANGAROO RAT. An animal species known as Dipodomys Stephensi. (n) GRADING PERMIT. "Grading Permit" shall mean a grading permit as defined by the Uniform Building Code, 1985 Edition, provided, however, that for purposes of this ordinance, 'grading permit' shall not include the following: (1) A grading permit wherein grading was previously performed pursuant to a grading permit issued within one (1) year prior to November 15, 9.88, and subsequently inspected and approved by the City of Lake Elsinore Department of Building and Safety. In addition, the area to be graded pursuant to said permit shall be the same or substantially the same area previously graded. (2) A grading permit for real property upon which a detached or attached accessory living quarters will be constructed pursuant to Sections of the Lake Elsinore Municipal Code. (n) CITY. City of Lake Elsinore. SECTION 5. STEPHENS' KANGAROO RAT HABITAT CONSERVATION PLAN PRELIMINARY STUDY AREA. As designated by the Riverside County Board of Supervisors. (See attached Legal Description) SECTION 6. INTERIM MITIGATION FEE. During the time the Interim Mitigation Fee is in effect, all applicants for development permits within the boundaries of the Fee Assessment Area who cannot satisfy mitigation requirements through on-site mitigation- as- determined----through--the---environmental review process shall pay an Interim Mitigation Fee of $1,950.00 per gross acre of the parcels proposed for development. However, for single-family residential development, wherein all lots within the development are greater than one-half (1/2) gross acre in size, and Interim Mitigation Fee of $1,000.00 per residential unit shall be paid, and for agricultural development which requires a development permit, including, but not limited to dairy farms and excluding poultry farms and the construction of single-family residences in connection with said agricultural development, an Interim Mitigation Fee of $2.00 per square foot - of the buildings to be constructed shall be paid provided that at no time shall such fee exceed the amount required to be paid if a fee of $1,950.00 per gross acre were applied to the parcel proposed for agricultural development. SECTION 7. IMPOSITION OF FEE. No development permit for real property located within the boundaries of the Fee Assessment Area shall be issued or approved except upon the condition that on-site mitigation will be provided as determined through the environmental review process of the Interim Mitigation Fee required by this ordinance be paid, and it is determined that said development will not jeopardize the implementation of a habitat Conservation Plan. SECTION 8. PAYMENT OF FEE. The Interim Mitigation Fee shall be paid upon issuance of a grading permit or a Certificate of Occupancy or upon final inspection, whichever occurs first. Payment of the Interim Mitigation Fee shall satisfy City conditions of approval previously placed on development permits with regard to impact mitigation for the Stephens' Kangaroo Rat which have not been previously satisfied and no further review and approval pursuant to the provisions of this ordinance shall be required. SECTION 9. REDUCTION FOR NON-PROFIT ENTITIES. The fees required pursuant to Section 6 shall be reduced by 75 percent for non-profit entities. For purposes of this section, °non-profit - entities- shall-- be defined as- those entities' identified in 26 U.S.C. Section 501(c) (3). SECTION 10. EXEMPTIONS. For purposes of this ordinance, the following types of development shall not be required to pay an Interim Mitigation Fee unless such development voluntarily participates in order to mitigate the disturbance of occupied Stephens' Kangaroo Rat. habitat: (a) Reconstruction of any structure damaged or destroyed by fire or other natural causes; (b) Rehabilitation or remodeling of existing structures, or additions to existing structures; {c) -Development -of any parcel for-wh-ch•the-California Department of Fish and Game has approved other mitigation procedures; (d) ..Development of any parcel used by_local, state or federal governments for governmental purposes (i.e. public works, schools); (e) Development of any parcel for which an Interim Mitigation Fee has been previously paid. However, in instances where the fee previously paid was the fee for single-family residential development, wherein all lots within the development were greater than 1/2 gross acre in size, and the applicant for a development permit subsequently requests an increase in residential density or a change from a residential to a non-residential use, or in instances where the fee previously paid was the fee for agricultural development and the applicant for a development permit subsequently requests a change from an agricultural to a residential, commercial or industrial use, the fee shall be recalculated for the new density or use pursuant to the provisions of this ordinance. Any difference between the recalculated fee and the previously paid fee shall be required to be paid by the applicant. (f) The construction of public utility transmission facilities. Said exemption shall not include substations, treatment facilities or pumping stations. (g) Development of any parcel for which approval of a tentative tact map, tentative parcel map, conditional use permit, public use permit, plot plan or surface mining permit is sought and said development will not require the construction of new or additional buildings or the grading or mining of the parcel which may be considered negligible or insignificant as determined by the Community Development Director. (h) Development of any parcel for which approval of an amendment, minor change or revision to a tentative tract map or tentative parcel map is sought; or development of any parcel for which approval of a request for .substantial conformance or a revised conditional use permit, public use permit or plot plan is sought; or development of any parcel for which approval of•an application for substantial confcrmance` or a minor change to a surface mining permit is sought; and all grading permits necessary for the development of the parcel have previously been issued. SECTION 11. REFUND. In the event that the fee provided for by the final Habitat Conservation Plan is less than the Interim Mitigation Fee paid, the current property owner of record may apply for a partial refund of said fee. The amount of any refund due. shall be determined by the City in its sole discretion after review of said .application and shall be limited to the funds collected in excess of any amount received as a credit against the Habitat Conservation and Open Space Land Bank Fee. SECTION 12. FEE ADJUSTMENT. The City Council may periodi- cally .review and cause an adjustment to be made to the Interim Mitigation Fee. By amendment to this ordinance, the fee may be increased or decreased to reflect changes in estimated costs for the development, preparation and implementation of a Habitat Conservation Plan. The adjustment in the fee may also reflect changes in estimated revenues received pursuant to this ordinance, as well as the availability or lack thereof of other funds with which to prepare and implement the Habitat Conservation Plan. Any adjustment in the fee shall be prospective only and shall become effective as of the date any such amendment is effective, provided, however, that the amount of the Interim Mitigation Fee for any development permit shall be the fee in effect at the time of payment. SECTION 13. TERMINATION OF FEE. The Interim Mitigation Fee shall remain effect until October 30, 1991,or until a Section 10(a) permit is issued, whichever comes first. SECTION 14. FEE ADMINISTRATION. All Interim Mitigation Fees collected pursuant to the provisions of this ordinance shall be deposited into an Interim Mitigation Fee Account. Funds in said account shall be expended solely for the development, preparation and implementation of a Habitat Conservation Plan for the Stephens' Kangaroo Rat, including the - acquisition of-habitat--reserve-sites; and--for- the--application for a Section l0(a) permit under the Federal Endangered Species Act of 1973. SECTION 15. VALIDITY. This ordinance and the various parts, sections and clauses thereof are hereby declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid, the remainder of this ordinance shall not be affected thereby. If any part, sentence, paragraph, section or clause of this ordinance, or its application to any person or entity is adjudged unconstitutional or invalid, such unconstitutionality or invalidity shall affect only such part, sentence, paragraph, section or clause of this ordinance, or person or entity; and shall not affect or impair any of the remaining provisions, parts, sentences, paragraphs, sections or clauses of this ordinance, or its application to other persons or entities. The City Council of the City of Lake Elsinore hereby declares that this ordinance would have been adopted had such unconstitutional or invalid part, sentence, paragraph, section or clause of this ordinance not been included herein; or had such person or entity been expressly exempted from the application of this ordinance. SECTION 16. EFFECTIVE DATE. This ordinance shall take effect as required by law. SECTION 17. URGENCY MEASURE. Notwithstanding Section 16 of this ordinance, this ordinance is declared to be an urgency measure and an interim authorization for the Interim Mitigation Fee. This ordinance shall take effect immediately upon its adoption. The City Clerk shall schedule a public hearing before the Board within Thirty (30) days after the adoption of this ordinance to consider extending the interim authorization for an additional thirty (30) days. The clerk shall publish notice of said hearing ten (10) days before the hearing. Pursuant to Section 65962 of the Government Code, the City of Lake Elsinore finds: (a) Development occurring within the Riverside County Stephens' Kangaroo Rat Habitat Conservation Plan Preliminary-•-Study- Area-has--resulted in and-continues- to result in loss of habitat for the Stephens' Kangaroo Rat as well as the elimination of the species; (b) Mitigation efforts to date have not been successful; (c) The U. S. Fish and Wildlife Service has listed the Stephens' Kangaroo Rat as an endangered species pursuant to the Federal Endangered Species Act of 1973, 16 U.S.C. Section 1531 et. seq., effective October 31, 1988; (d) Consequently, providing an immediate source of funds as well as protecting potential habitat reserve sites is imperative for the preparation and implementation of a Habitat Conservation Plan and to assure the survival of the species and protect the public welfare. SECTION 18. CREDIT. Where a development project is subject to the provisions of a Development Agreement entered into with the City pursuant to the provisions of Government Code Section 6584, et. seq., and the project involves the construction of residential units, the Interim Mitigation Fee required to be paid pursuant to the provisions of this ordinance shall be reduced by $175.00 per residential unit. PASSED, APPROVED, AND ADOPTED this 24th day of October, 1989, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE (SEAL) APPROVED AS TO FORM AND LEGALITY: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Urgency Ordinance was Passed, approved and Tdcptcd on Octcber 24, 1989 by the follo wing vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE I K~yNNF KASA `, I CLERK CITY OF LAK ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 866, of said Council, and that the same has not been amended or repealed. DATED: October 25, 1989 ~ ~~ V I YNN ASKA D, CITY CLERK CITY OF LA ~ EI~SINORE (SEAL) ORDINANCE N0. 867 pN URGENCY INTERIM ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING A MORATORIUM, ON NEW DEVELOPMENT APPROVALS ON PROPERTIES IN EAST FLOODPLAIN AND CITY LAKE PERIMETER, WHICH IS GENERALLY DEFINED [BY A BOUNDARY ALONG MISSION TRAIL AND CORYDON ROAD ON THE EAST; TO CEREAL STREET AROUND SKYLARK AIRPORT THENCE SOUTHWESTERLY TO THE CITY LIMITS AND THEN WESTERLY ALONG THE CITY LIMITS TO THE STATE --RECREATION-AREA BOUNDARY, THENCE NORTHERLY TO A LINE-APPROXI- MATELY 1320 FEET NORTH OF SYLVESTER STREET THENCE EASTERLY FROM THE STATE RECREATION AREA BOUNDARY TO THE SAN JACINTO RIVER AND AROUND THE VONS SHOPPING CENTER TO LAKESHORE DRIVE. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE HEREBY FINDS THAT: 1. The City in conjunction with the Redevelopment Agency is contem- plating the development of a land use and circulation plan for the East Floodplain and City Lake Perimeter area. 2. Additional development approvals within the Planning Area may conflict with the proposed elements of the contemplated plan. 3. Pursuant to California government Code Section 65858 current and pending development proposals constitute an immediate threat to adversely impact elements of the contemplated plan, especially the provision of safe and adequate access to public and private lands, thereby constituting a current and immediate threat to the public health, safety and welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE. Any approvals of subdivisions, use permits, variances, design review approvals, or any other applicable entitlement for use which is required in order to comply with the zoning Ordinance shall be prohibited within the East Floodplain and City Lake Perimeter Area, as shown in Exhibit A, attached hereto and made a part hereof, until a land use plan for the entire Planning Area is adopted or this interim ordinance or subsequent extensions have expired. -1- Ordinance No. 867 r SECTION TWO. This Ordinance shall become effective upon its adoption and expire on December 8,.1989, unless subsequently extended in the manner required by law. PASSED, APPROVED AND ADOPTED this 24th day of October, 1989, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, SIARKEY, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: WINKLER a~ G ~^i FRED-:DOM 'N UE -~ . YO (SEAL) APPROVED AS TO FORM AND LEGALITY: W~ John R. Harper, Ci y Attorney Ordinance No. 867 October 24, 1989 -2- STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, ~.-• DO HEREBY CERTIFY that the foregoing Urgency Ordinance was Passed, Appro~:ed and. Adopted on October 34, 1989 by th4 fcllo~ring vote: _.. AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER C I'LYN ',ASA(`~ D CITY CLERK CITY OF E ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 867, of said Council, and that the same has not been amended or repealed. DATED: Goober 25, 1989 VICKI LYN KASAD, CITY CITY OF E ELSINORE (SEAL) ORDINANCE N0. 868 AN URGENCY INTERIM ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING A MORATORIUM, ON NEW DEVELOPMENT APPROVALS ON PROPERTIES IN EAST FLOODPLAIN AND CITY LAKE PERIMETER, WHICH IS GENERALLY DEFINED BY A BOUNDARY ALONG MISSION TRAIL AND CORYDON ROAD ON THE EAST; TO CEREAL STREET AROUND SKYLARK AIRPORT THENCE SOUTHWESTERLY TO THE CITY LIMITS AND THEN WESTERLY ALONG THE CITY LIMITS TO THE STATE RECREATION AREA BOUNDARY, THENCE NORTHERLY TO A LINE APPROXI- MATELY 1320 FEET NORTH OF SYLVESTER STREET THENCE EASTERLY FROM THE STATE RECREATION AREA BOUNDARY TO THE SAN JACINTO - -RIVER-AND AROUND THE VONS-SHOPPING. CENTER TO,LAKESHORE DRIVE. WHEREAS, the City Council of the City of Lake Elsinore did adopt an interim Ordinance No. 867, pursuant to Government Code Section 65952 on October 24, 1989; and, WHEREAS, the City Council has determined that it is necessary to extend said Ordinance for a period of six (6J months; and, WHEREAS, the City Council has conducted a public hearing on said extension and duly considered all evidence presented thereat; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: 1. Any approvals of subdivisions, use permits, variances, design review approvals, or any other applicable entitlement for use which is required in order to comply with the zoning Ordinance shall be prohibited within the East Floodplain and City Lake Perimeter Area, as shown in Exhibit A, attached hereto and made a part hereof, until a land use plan for the entire Planning Area is adopted or this interim ordinance or subsequent extensions have expired. 2. The foregoing recitals are true and correct. 3. Said subject ordinance is hereby extended six (6) months, and will cease to be effective on May 14, 1990. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE HEREBY FINDS THAT: 1. The City in conjunction with the Redevelopment Agency is contem- plating the development of a land use and circulation plan for the East Floodplain and City Lake Perimeter area. 2. Additional development approvals within the Planning Area may conflict with the proposed elements of the contemplated plan. Ordinance No. g6g 3. Pursuant to California government Code Section 65858 current and pending development proposals constitute an immediate threat to adversely impact elements of the contemplated plan, especially the provision of safe and adequate access to public and private lands, -thereby-constituting a-current--and-immediate threat to the :.public. health, safety and welfare. PASSED, APPROVED AND ADOPTED this 14th day of November, 1989, upon the following roll call vote: AYES: NOES: ABSENT: ABSTENTIONS: COUNCILMEMBERS: BUCK, OOMINGUEZ, STAR KEY, WASNBURN COUNCILMEMBERS: NONE COUNCILMEMBERS COUNCILMEMBERS ATTEST: Vicki !!nrie sad, City le k (SEAL). APPROVED AS TO FORM AND LEGALITY: Jo R. arper, City At orne Ordinance No. 868 November 14, 1989 NONE WINKLER ~ ~ _, fPED'-DOS?I~f,UEZ~,%MA 0~ TEM -2- ~i ..... .. • ~ .1~._...rrmr':*II.1 •4'~ I Illl I ~/ t C b a C ~ a F 2 r W { a~ X. o ~. s . W Z t~ i ~l .~~ . _ . 1./.'I/'/ 1 'T i~ N G4•/ ~, N n 0 ti s~ ~ Z 'G~ m 1 N n= 0 z J W 1.1 Y _1 IL O .- >- ~- U i ti `i e STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE SS: I, Vicki Lynne Kasad, City, Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on November 14, 1989, and had its second reading on November 14, 1989 and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER VICKI LYNNE SA , CITY LERK CITY OF LAKE LSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 868 of said Council, and that the same has not been amended or repealed. DATED: December 13, 1989 ~~ ~ _ ~. VIC '"'LYNNE ASAS D, CITY ERK CITY OF LA ELSINORE (SEAL) ORDINANCE N0. 869 AN URGENCY ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, JOINING THE ESTABLISHED RIVERSIDE COUNTY STEPHENS' KANGAROO RAT HABITAT CONSERVATION PLAN STUDY AREA AND SETTING INTERIM MITIGATION FEES. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS: WHEREAS, the City Council of the City of Lake Elsinore did adopt an Interim Ordinance No. 866 pursuant to Government Code Section 65952 on October 24, 1989; and WHEREAS, the City Council has determined that it is necessary to extend said ordinance for a period of ten (l0) months and fifteen (15) days; WHEREAS, the City Council has conducted a public hearing on said extension and duly considered all evidence presented thereat; NOW, THEREFORE BE IT DETERMINED AND ORDAINED AS FOLLOWS: 1. The foregoing recitals are true and correct; 2. Said subject ordinance is hereby extended for ten (10) months and fifteen days, and will cease to be effective on September 29, 1990; 3. Said ordinance shall provide as follows: SECTION 1. TITLE. This Ordinance shall be known as the Stephens' Kangaroo Rat Interim Mitigation Fee Ordinance. SECTION 2. FINDINGS. The City Council finds and deter- mines that: (a) The Stephens' Kangaroo Rat is listed as a threatened species by the State of California, and the California Department of Fish and Game has recommended changing its status to endangered. (b) The U. S. Fish and Wildlife Service has listed the Stephens' Kangaroo Rat as an endangered species, effective October 31, 1988, pursuant to the Federal Endangered Species Act of 1973, 16 U.S.C. Section 1531 et. seq. (c) Following the Federal listing of the Stephens' Kangaroo Rat as an endangered species, the habitat of the species may not be altered without a Section l0(a) permit issued by the Secretary of the Interior. All requests for a Section 10(a) permit must be accompanied by a Habitat Conservation Plan approved by the U. S. Fish and Wildlife Service. Said permit will then allow for the loss of habitat due to development on the basis that the Habitat Conservation Plan will provide protection for the species and guarantee its survival. (d) Development within the historical range of the Stephens' Kangaroo Rat has resulted in loss and degradation of occupied Stephens' Kangaroo Rat habitat, increased isolation of Stephens' Kangaroo Rat populations, reduction of potential habitat areas for future colonization, and elimination of corridors which allow the species to relocate as environmental conditions warrant. (e) The Stephens' Kangaroo Rat's survival cannot be insured on small isolated acreages surrounded by, or in close---.proximity ao, -development or ..human populations. (f) Impacts to the Stephens' Kangaroo Rat are not limited to loss or degradation of actually occupied habitat only. (g) The successful completion and implementation of a Habitat Conservation Plan for the Stephens' Kangaroo Rat would be jeopardized by not implementing an interim measure that requires review of each proposed development within the Riverside County Stephens' Kangaroo Rat Conservation Plan Preliminary Study Area to determine the best means of mitigating impacts to the Stephens' Kangaroo Rat. (h) Each proposed development project shall be reviewed to determine the most appropriate course of action to ensure the survival of the species in the long term, as well as, during the preparation of the Habitat Conservation Plan through one or more of the following: (1) On-site mitigation of impacts to the Stephens' Kangaroo Rat through the reservation or addition of lands included within or immediately adjacent to a potential habitat reserve site, or (2) Payment of the Interim Mitigation Fee set by this ordinance, or (3) Any combination of (1) and (2) consistent with the intent and purpose of this ordinance. A proposed development project may be referred, for review, to Federal and State resource agencies based upon criteria to be established and agreed upon by the County, the City, and said agencies. (i) A program providing for all-site project mitigation in accordance with the development of a Habitat Conservation Plan will provide a mechanism for establishing sufficient habitat areas which can be effectively protected and managed for the Stephens' Kangaroo Rat's survival and recovery. (j) Immediate implementation of this ordinance is necessary to make use of other potential funding opportunities for the development and implementation of a Habitat Conservation Plan for the Stephens' Kangaroo. Rat... (k) The successful completion of a Habitat Conservation Plan depends upon providing protection to potential habitat reserve sites until the mechanisms for land acquisition contained within the Plan can be put into effect. (1) All Interim Mitigation Fees collected pursuant to the provisions of this ordinance shall be used for the development, preparation and implementation of a Habitat Conservation Plan for the Stephens' Kangaroo Rat, including the acquisition of habitat reserve sites, and for the application of a Section 10(a) permit under the Federal Endangered Species Act of 1973. (m) Adoption of this ordinance will provide interim mitigation for projects within the range of the Stephens' Kangaroo Rat allowing said projects to proceed during the preparation of a Habitat ' Conservation Plan for the Stephens' Kangaroo Rat, provided said projects are not located in areas identified as and meeting the criteria for potential habitat reserve -.sites -.needed ..for the ..long term conservation of the species. The approval of such development projects could jeopardize the survival of the species and therefore would be inconsistent with a Habitat Conservation Plan, even if an Interim Mitigation Fee is paid. (n) Adoption and implementation of this ordinance demonstrates the County's intent and the City's intent to cooperate with federal and state agencies to provide for the survival of the Stephens' Kangaroo Rat. (o) The passage of this ordinance is intended to be consistent with the requirements of state and federal environmental legislation, including the California Environmental Quality Act. SECTION 3. PURPOSE. The purpose of this ordinance is to finance the preparation, development and implementation of a Habitat Conservation Plan, including the acquisition of habitat reserve sites, and the application for a Section 10(a) permit under the Federal Endangered Species Act of 1973 for the Riverside County Stephens' Kangaroo Rat Habitat Conservation Plan Preliminary Study Area. It is the further purpose of this ordinance to provide a method for mitigation of impacts to the Stephens' Kangaroo Rat caused by the loss of its habitat due to development during the preparation of a Habitat Conservation Plan and provide for habitat mitigation to be identified in the Habitat Conservation Plan. Mitigation of impacts to the Stephens' Kangaroo Rat will be accomplished through the review of each proposed development project within the Riverside County Stephens' Kangaroo Rat Habitat Conservation Plan Preliminary Study Area to determine whether on-site mitigation through the ,___, reservation or addition of lands included within or immediately adjacent to a potential habitat reserve site or payment of the interim fee or a combination of both is appropriate and furthers the ultimate Habitat Conservation Plan objectives. A proposed development project may be referred, for review, to federal and state resources agencies based upon criteria to be established and agreed upon by the county, the City, and said agencies. This ordinance provides for the establishment of this review process and satisfaction of on-site mitigation to protect potential habitat reserve sites or payment of the Interim Mitigation Fee or a combination of both, which upon implementation will satisfy U. S. Fish and Wildlife Service, California Department of Fish and Game, as well as county mitigation requirements for the Stephens' Kangaroo Rat and its habitat which may occur within the unincorporated areas of the County designated herein pending completion and adoption of a Habitat Conservation Plan and issuance of a Section 10(a) permit. SECTION 4. DEFINITIONS. As used in this ordinance, the following terms shall have the following meanings: (a) BOARD OF SUPERVISORS. The Board of Supervisors of the County of Riverside. (b) CERTIFICATE OF OCCUPANCY. "Certificate of Occupancy" shall mean a certificate of occupancy as defined by Ordinance No. or state law. (c) CITY. The City of Lake Elsinore. (d) COUNTY. The County of Riverside. (e) DEVELOPMENT PERMIT. City or County approval of a tentative tract map, tentative parcel map, conditional use permit, public use permit, plot plan, surface mining permit, or grading permit pursuant to the provisions of all applicable County or City ordinances. Where a development project has been previously reviewed and approved pursuant to the provisions of this ordinance, any subsequent implementing development permit shall not be subject to further review under this ordinance. (f) FEE ASSESSMENT AREA. All real property located within the Riverside County Stephens' Kangaroo Rat Conservation Plan Preliminary Study Area as described in Section 5 of this ordinance. (g) FINAL INSPECTION. "Final Inspection" shall mean a final inspection as defined by the Uniform Building Code, 1985 Edition, or state law. (h) HABITAT CONSERVATION PLAN. A plan prepared pursuant to Section 10(a) of the Federal Endangered Species Act of 1973, 16 U.S.C. Section 1539. __ (i) INTERIM MITIGATION FEE. The fee imposed pursuant to the provisions of this ordinance. (j) PARCEL. All real property for which a development permit is applied for. (k) RESIDENTIAL UNIT. A building or portion thereof used by one (1) family and containing but one (1) kitchen, and designed for single-family residential purposes only. (1) SECTION 10(a) PERMIT. A permit issued by the Secretary of the Interior pursuant to Section 10(a) of the Federal Endangered Species Act of 1973, 16 U.S.C. Section 1539. (m) STEPHENS' KANGAROO RAT. An animal species known as Dipodomys Stephensi. (n) GRADING PERMIT. "Grading Permit" shall mean a grading permit as defined by the Uniform Building Code, 1985 Edition, provided, however, that for purposes of this ordinance, 'grading -permit' -shall -not include the following: (1) A grading permit wherein grading was previously performed pursuant to a grading permit issued within one (1) year prior to November 15, 988, and subsequently inspected and approved by the City of Lake Elsinore Department of Building and Safety. In addition, the area to be graded pursuant to said permit shall be the same or substantially the same area previously graded. (2) A grading permit for real property upon which a detached or attached accessory living quarters will be constructed pursuant to Sections of the Lake Elsinore Municipal Code. (n) CITY. City of Lake Elsinore. SECTION 5. STEPHENS' KANGAROO RAT HABITAT CONSERVATION PLAN PRELIMINARY STUDY AREA. As designated by the Riverside County Board of Supervisors. (See attached Legal Description) SECTION 6. INTERIM MITIGATION FEE. During the time the Interim Mitigation Fee is in effect, all applicants for development permits within the boundaries of the Fee Assessment Area who cannot satisfy mitigation requirements through on-site mitigation as determined through the environmental review process shall pay an Interim Mitigation Fee of $1,950.00 per gross acre of the parcels proposed for development. However, for single-family residential development, wherein all lots within the development are greater than one-half (1/2) gross acre in size, and Interim Mitigation Fee of $1,000.00 per __ residential unit shall be paid, and for agricultural development which requires a development permit, including, but not limited to dairy farms and excluding poultry farms and the construction of single-family residences in connection with said agricultural development, an Interim Mitigation Fee of $2.00 per square foot of the buildings to be constructed shall be paid provided that at no time shall such fee exceed the amount required to be paid if a fee of $1,950.00 per gross acre were applied to the parcel proposed for agricultural development. SECTION 7. IMPOSITION OF FEE. No development permit for real property located within the boundaries of the Fee Assessment Area shall_be issued or approved .except upon the condition that on-site mitigation will be provided as determined through the environmental review process of the Interim Mitigation Fee required by this ordinance be paid, and it is determined that said development will not jeopardize the implementation of a Habitat Conservation Plan. SECTION 8. PAYMENT OF FEE. The Interim Mitigation Fee shall be paid upon issuance of a grading permit or a Certificate of Occupancy or upon final inspection, whichever occurs first. Payment of the Interim Mitigation Fee shall satisfy City conditions of approval previously placed on development permits with regard to impact mitigation for the Stephens' Kangaroo Rat i which have not been previously satisfied and no further review i and approval pursuant to the provisions of this ordinance shall be required. SECTION 9. REDUCTION FOR NON-PROFIT ENTITIES. The fees required pursuant to Section 6 shall be reduced by 75 percent for non-profit entities. For purposes of this section, non-profit entities shall be defined as those entities identified in 26 U.S.C. Section 501(c) (3). SECTION 10. EXEMPTIONS. For purposes of this ordinance, the following types of development shall not be required to pay an Interim Mitigation Fee unless such development voluntarily participates in order to mitigate the disturbance of occupied i~ Stephens' Kangaroo Rat habitat: (a) Reconstruction of any structure damaged or destroyed by fire or other natural causes; (b) Rehabilitation or remodeling of existing structures, or additions to existing structures; (c) Development of any parcel for which the California Department of Fish and Game has approved other mitigation procedures; (d) Development of any ,parcel used by local, state or federal governments for governmental purposes (i.e. public works, schools); (e) Development of any parcel for which an Interim Mitigation Fee has been previously paid. However, in instances where the fee previously paid was the fee for single-family residential development, wherein all lots within the development were greater than 1/2 gross acre in size, and the applicant for a development permit subsequently requests an increase in-residential-density or-a change from a residential to a non-residential use, or in instances where the fee previously paid was the fee for agricultural development and the applicant for a development permit subsequently requests a change from an agricultural to a residential, commercial or industrial use, the fee shall be recalculated for the- new density or use pursuant to the provisions of this ordinance. Any difference between the recalculated fee and the previously paid fee shall be required to be paid by the applicant. (f) The construction of public utility transmission facilities. Said exemption shall not include substations, treatment facilities or pumping stations. (g) Development of any parcel for which approval of a tentative tact map, tentative parcel map, conditional use permit, public use permit, plot plan or surface mining permit is sought and said development will not require the construction of new or additional buildings or the grading or mining of the parcel which may be considered negligible or insignificant as determined by the Community Development Director. (h) Development of any parcel for which approval of an amendment, minor change or revision to a tentative tract map or tentative parcel map is sought; or development of any parcel for which approval of a request for substantial conformance or a revised conditional use permit, public use permit or plot plan is sought; or development of any parcel for which approval of an application for substantial conformance or a minor change to a surface mining permit is sought; and all grading permits necessary for the development of the parcel have previously been issued. SECTION 11. REFUND. In the event that the fee provided for by the final Habitat Conservation Plan is less than the Interim Mitigation Fee paid, the current property owner of record may apply for a partial refund of said fee. The amount of any refund due shall be determined by the City in its sole discretion after review of said application and shall be limited to the .funds collected in_excess of-any.....amount--received as a credit against the Habitat Conservation and Open Space Land Bank Fee. SECTION 12. FEE ADJUSTMENT. The City Council may periodi- cally review and cause an adjustment to be made to the Interim Mitigation Fee. By amendment to this ordinance, the fee may be increased or decreased to reflect changes in estimated costs for the development, preparation and implementation of a Habitat Conservation Plan. The adjustment in the fee may also reflect changes in estimated revenues received pursuant to .this ordinance, as well as .the availability or lack thereof of other funds with which to prepare and implement the Habitat Conservation Plan. Any adjustment in the fee shall be prospective only and shall become effective as of the date any such amendment is effective, provided, however, that the amount of the Interim Mitigation Fee for any development permit shall be the fee in effect at the time of payment. SECTION 13. TERMINATION OF FEE. The Interim Mitigation Fee shall remain effect until October 30, 1991,or until a Section 10(a) permit is issued, whichever comes first. SECTION 14. FEE ADMINISTRATION. All Interim Mitigation Fees collected pursuant to the provisions of this ordinance shall be deposited into an Interim Mitigation Fee Account. Funds in said account shall be expended solely for the development, preparation and implementation of a Habitat Conservation Plan for the Stephens Kangaroo Rat, including the acquisition of habitat reserve sites,. and for the application for a Section 10(a) permit under the Federal Endangered Species ACt of 1973. SECTION 15. VALIDITY. This ordinance and the various parts, sections and clauses thereof are hereby declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid, the remainder of this ordinance shall not be affected thereby. If any part, sentence, paragraph, section or clause of this ordinance, or its application to any person or-entity is adjudged unconstitutional or invalid, such unconstitutionality or invalidity shall affect only such part, sentence, paragraph, section or clause of this ordinance, or person or entity; and shall not affect or impair any of the remaining provisions, parts, sentences, paragraphs, sections or clauses of this ordinance, or its application to other persons or entities. The City Council of the City of Lake Elsinore hereby declares that this ordinance would have been adopted had such unconstitutional or invalid part, sentence, paragraph, section or clause of this ordinance not been included herein; or had such person or entity been expressly exempted from the application of this ordinance. SECTION 16. EFFECTIVE DATE. This ordinance shall take effect as required by law. SECTION 17. URGENCY MEASURE. Notwithstanding Section 16 of this ordinance, this ordinance is declared to be an urgency measure and an interim authorization for the Interim Mitigation Fee. This ordinance shall take effect immediately upon its adoption. The City Clerk shall schedule a public hearing before the Board within Thirty (30) days after the adoption of this ordinance to consider extending the interim authorization for an additional thirty (30) days. The clerk shall publish notice of said hearing ten (10) days before the hearing. Pursuant to Section 65962 of the Government Code, the City of Lake Elsinore finds: (a) Development occurring within the Riverside County Stephens' Kangaroo Rat Habitat Conservation Plan Preliminary Study Area has resulted in and continues to result in loss of habitat for the Stephens' Kangaroo Rat as well as the elimination of the species; (b) Mitigation efforts to date have not been successful; (c) The U. S. Fish and Wildlife Service has listed the Stephens' Kangaroo Rat as an endangered species pursuant to the Federal Endangered Species Act of 1973, 16 U.S.C. Section. 1531 et. seq., effective October 31, 1988; (d) Consequently, providing an immediate source of funds as well as protecting potential habitat reserve sites is imperative for the preparation and implementation of a Habitat Conservation Plan and to assure the survival of the species and protect the public welfare. SECTION 18. CREDIT. Where a development project is subject to the provisions of a Development Agreement entered into with the City pursuant to the provisions of Government Code Section 6584, et. seq., and the project involves the construction of residential units, the Interim Mitigation Fee required to be paid pursuant to the provisions of this ordinance shall be reduced by $175.00 per residential unit. PASSED, APPROVED, AND ADOPTED this 14th day of November upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DDMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: CDUNCILMEMBERS: NONE ABSTENTIONS: CDUNCILMEMBERS: NONE - (SEAL) APPROVED AS TO FORM AND LEGALITY: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading Gn November lx, i9o9, aiid ilai:i ito 56C:uild Lead 1'!lg 071 NUVember 14, 1989 and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE VICKI LYNNE KASAD, CITY CITY OF LARj ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and .__ correct copy of Ordinance No. 869, of said Council, and that the same has not been amended or repealed. DATED: November 20, 1989 ICKI LYNN' KASAD, CITY CLERK CITY OF LA ELSINORE (SEAL) ORDINANCE NO. 870 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, RIVERSIDE COUNTY, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH AN AREA OF BENEFIT FOR THE IMPROVEMENT OF RAILROAD CANXON ROAD AND FEES THEREFOR AND FIXING THE TIME AND PLACE OF A PUBLIC HEARING (AREA OF BENEFIT NO. 89-1), WHEREAS, .the City Council of the City of Lake Elsinore (t.he "City") is considering proceedings to establish an area of benefit, pursuant to Section 66484 of the Government Code, for the improvement of Railroad Canyon Road and to establish fees to be imposed upon the lands included within the area of benefit to pay for the cost of such improvements; and WHEREAS, Railroad Canyon Road is a major thoroughfare identified in the Circulation Element of the General Plan of the City: NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: DECLARATION OF INTENTION SECTION 1. Declaration. The public interest and convenience require, and it is the intention of. the City, pursuant to Section 66484 of the Government Code: (a) To order the construction and acquisition of improvements generally described as follows: Construction of improvements to Railroad Canyon Road between I-15 and North Limit and acquisition, if _ necessary, together with the appurtenances and appurtenant work (the "Improvements") (See Exhibit A). (b) To order the designation of an area of benefit to pay for the costs and expenses of the Improvements to be know as Area of Benefit No. 89-1 (the "Area of Benefit"); (c) To establish fees on all property within the Area of Benefit to be payable on the earliest of: (1) recordation of the final map, (2) issuance of a building permit with respect to a parcel within the Area of Benefit if the final map was approved prior to the effective date of this Ordinance or (3) issuance of a certificate of occupancy or completion with respect to a parcel within the Area of Benefit if the building permit was issued prior to the effective date of this Ordinance, such fees to pay for the costs and expenses of the Improvements; and (d) The term "construction" as used herein includes, without limitation, design, acquisition of right-of-way, administration of construction contracts and actual construciton, and such other items as may be used in Section 66484 of the Government Code. SECTION 2. Map. The Map of the Area of Benefit showing the general nature, location and extent of the proposed Improvements and showing the boundaries of the territory containing the -lands proposed to-be charged with fees to pay the costs and expenses of the proposed Improvements entitled: PROPOSED BOUNDARIES OF AREA OF BENEFIT NO. 89-1 /+t,~ 11 n~~ ..C the r,.... ,. ..F n 'ins - r, ~. ,.p <...~., „~ ~enef~,. ~ ~s hereby approveu alid adup~e;u in the form attached hereto and made a part hereof as Exhibit "A". SECTION 3. Filina of Mme. The original Map of the Area of Benefit and one copy thereof shall be filed in the office of the City Clerk. SECTION 4. Governing for Details. The Map of the Area of Benefit shall govern for all details as to the extent thereof. SECTION 5. Certification of Adoption. A Certificate evidencing the date and adoption of this ordinance shall be endorsed on the original Map on the Area of Benefit and on at least one copy thereof. SECTION 6. Fees. The proposed fees to be imposed upon each parcel of .property within the Area of Benefit are set forth on Exhibit "B" attached hereto and made a part hereof. Notwithstanding anything herein to the contrary the amount of the proposed fees set forth in Exhibit "B" attached hereto, shall escalate each year until paid by an amount equal to: (1) the average prime lending rates of Security Pacific National Bank, Bank of America and Citibank N.A., plus 2%, multiplied by (ii) to amount set forth on Exhibit "B" attached hereto ( as such amount may have increased as a result of the calculation contained in this sentence for prior fiscal years). SECTION 7. Payment of Fees. The proposed fees shall be paid as a condition of approval of a final map or, to the extent a final map has been approved with respect to property within the Area of Benefit prior to the effective date of this Ordinance, as a condition of issuing a building permit or, to the extent a building permit(s) has been issued with respect to property within the Area of Benefit prior to the effective date of this Ordinance, as a condition of issuing a certificate of occupancy or completion, whichever occurs earliest. SECTION 8. Purpose of Fees. The proposed fees shall be used for the purpose of defraying the actual or estimated cost of the improvements. SECTION 9. Apportionment of Fees. The method of apportionment of the proposed fees shall not provide for higher fees on lands which .abut the proposed Improvements unless such abutting lands are provided direct usable access to the proposed Improvements. SECTION 10. Existing Thoroughfare. The proposed improvements consist of reconstruction of an existing thoroughfare which serves each parcel of land with the Area of Benefit. SECTION 11. Hearing. The public hearing on the boundaries of the Area of Benefit, costs of Improvements, whether actual or estimated, and a fair method of allocation of costs to the parcels of property within the Area of Benefit and all other matters set forth in this Ordinance shall be held at the time and place specified as follows: TIME 7:00 p.m. on December 26, 1989 PLACE Board Meeting Room, Lake Elsinore Unified School District SECTION 12. Written Protests. Any interested person may object to the proposed Improvements, the boundaries of the Area of Benefit, the costs of improvements, whether actual or estimated, the allocation of costs to the parcels of property within the Area of Benefit and any other matters contained in this Ordinance by filing a written protest with the City Clerk at or before the time set for the public hearing. Such protests must contain a description of the property in which each signer thereof is interested sufficient to identify the same and, if the signers are not shown on the last equalized assessment roll as the owners of such property, must contain or be accompanied by written evidence that such signers are the owners or have legal authority to act for the owners of such property. SECTION 13. Mailed Notice. The City Clerk shall cause mailed notice of the public hearing and all preliminary information related to the boundaries of the Area of Benefit, estimated costs of the Improvements and method of fee apportionment as follows: a. Notice of the public hearing shall be mailed or delivered at least ten (10) days prior to the public hearing to the owner of each parcel of real property within the Area of Benefit; b. Notice of the public hearing shall be mailed or delivered at least ten (10) days prior to the public hearing to each local agency or public utility expected to provide any essential facilities or services to the Improvement whose ability to provide such facilities and services may be significantly affected; and c. Notice of the public hearing shall be mailed or delivered at least ten (l0) days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within three hundred (300) feet of the Area of Benefit. SECTION 14. Published and Posted Notice. The City Clerk shall cause notice of the public hearing and all preliminary information relating to the boundaries of the Area of Benefit, estimated costs of the Improvements and method of fee apportionment to be published and posted as follows: (a) Published once in a newspaper of general circulation within the City at least ten (l0) days prior to the hearing; and (b) Posted ten (10) days prior to the public hearing in a least three (3) public places within the boundaries of the City including one public place within the Area of Benefit. SECTION 15. Majority Protest. If, within the time when protests may be filed, there are written protests filed with the City Clerk by the owners of more than one-half (1/2) of the area of property that could be benefited by the Improvements and sufficient protests are not withdrawn so as to reduce the area represented to less than one-half (1/2) of that to be benefited, then the proposed proceedings shall be abandoned and the City Council shall not, from one year of the filing of the written protest, commence or carry on any proceedings for the same improvements under Section 66484 of the Government Code. SECTION 16. Withdrawl of Protests. Any protest may be withdrawn by the owner of property making the same, in writing, at any time prior to the conclusion of the public hearing. SECTION 17. Majority Protest: Portion of Improvements. If any majority protest is directed against only a portion of the Improvements, then all further proceedings to construct that portion of the Improvements so protested against shall be barred for a period of one year. but the City Council shall not be barred from commencing new proceedings not including any part of the Improvements so protested against. Nothing contained herein shall prohibit the City Council within such one year period, from commencing and carrying on new proceedings for the construction of a portion of the Improvements so protested against,. if it finds, by the affirmative vote of four fifths (4/5ths) of its members, that the owners of more than one-half (1/2) of :the area of benefit are in favor of going forward with such .portion of the Improvements. SECTION 18. Improvement Fund. A fund is hereby established designated Improvement Fund Area of Benefit No. 89-1 (the "Improvement Fund"). SECTION 19. Deposit of Fees. The fees paid pursuant to this Resolution shall be deposited in the Improvement Fund. SECTION 20. Expenditure of Monies. Monies in the Improvement Fund shall be expended solely for the construction or reimbursement for construction of the Improvements serving the Area of Benefit or to reimburse the City for the cost of constructing the Improvements. SECTION 21. Advance of Money. In its sole discretion, the City Council may advance money from its general fund or any other road fund to pay the costs of constructing the Improvements and may reimburse the general fund or road fund for such advances from fees deposited in the Improvement Fund. SECTION 22. Indebtedness. In its sole discretion, the City Council may incur an interest bearing indebtedness for the construction of Improvements; provided that the sole security for re a ent for each _rdc~tcw :ca- _~_, , ,__ _ ~ • __ ~ __. _ _ p ym a u11G111 AJC 111V111C0 111 V11C L1llYJLUV C1llC 111. Fund. SECTION 23. Agreement for Reimbursement. If the proposed Improvements are installed by any owner of property within the Area of Benefit, the City shall enter into an agreement with such property owner to reimburse the property owner, pursuant to Section 66486 of the Government Code. SECTION 24. Tax Exempt Securities. In order to finance such fees, any owner of property within the area of benefit may petition the City to undertake proceedings, pursuant to the Municipal Improvement Act of 1913, being Division 12 of the Streets and Highways Code, or the Mello-Roos Community Facilities ', Act of 1982, being Section 53311, et sea. of the Government Code. The City may undertake such proceedings upon such terms and conditions as the City deems appropriate. PASSED, APPROVED AND ADOPTED this 14th day of fdovemf~er lggg, UPON THE FOLLOWING VOTE: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: CITY OF APPROVED ELSINORE '.?'O FORM AND LEGALITY: BUCK, DUMINCUEZ, STAR KEY, IJA.SfIBURN, 4!IP;KLER NONE NONE ~ vluv n. 11[al~r CITY OF LAKE CITY OF LAKE ELSINORE '~ 1'19tHX~ _....._ -fir:, ,~ '~.~: ~..~ a. '~;. 'sS: 1 ~ :~;; ti -~ j~ II ~ , II i 1 n m ~ 'n [ z ~? "~ m v -~ r- 3 D, = z o -, Z ~ z - -I D ~ ~ D W O m ~ C ~ Z o n -c ~/.;1~~1 ~~.'f ~I ,r,: I~ ~ ~ I ~.~,.., i~~ h'~ ~ n /' i ;~ ~ ~ ~~ • ~' 1 ~~. 1~_ '" Iali ,. - a : ~~..__:. <.:. ~, ffjii~)i II ~.. ~. • ~'~~ ,l ,, ;: ill--•` `li Jl~lf~'~` l . {+(( ~~i ~I 1 ~ vl\/~~ ly/ ate' ~~~ ~ ~ (~ ~ ~tJ'"~: u,;r~ ,J.. .. ~' ~Q ~ _ ~fi TT /lJ •+ I ~-..... ~. . Q ~ _ _ 3 ~ ~' a 1"° C ^ `/ ~~' ~ cn ns ro ~ fTl ~ O R1 ~ ~ ~--^ VJ - ~' ~ N _ ~,T ~ 4]" ~~ ~ ~ :TJ ._.. ~_T ~ ~/ Exhibit A City of Lake Elsinore Railroad Canyon Road Benefit Reimbursement District Estimated Costs and Proposed Zonal Fees I. Improvement Costs 1. Grading $ 3,741,000.00 2. Drainage 423,000.00 3. Surface Improvements 3,984,000.00 4. I-15 Upgrade 511,000.00 Sub-total $ 8,659,000.00 II. General Benefit Costs 1. Right of Way $ 305,000.00 2. Utility Relocation 400,000.00 3. Detour Construction 1,000,000.00 4. Riparian Area Revegetation 122,000.00 Sub-total $ 1,827,000.00 III. Engineering 1. Preliminary $ 75,000.00 2. Design 495,000.00 3. Soils (Prelim. & Construction) 124,000.00 4. Construction Surveys $ 396,000.00 Sub-total $ 1,090,000.00 IV. City Costs 1. Construction Inspection $ 148,000.00 2. Engineering a. Administration 60,000.00 b. Consulting 15,000.00 3. Legal a. City Attorney 5,000.00 b. Special Attorney 15,000.00 c. Miscellaneous 2,000.00 4. Administration 40,000.00 Sub-total $ 285,000.00 ~~ Exhibit A City of Lake Elsinore Railroad Canyon Road Benefit Reimbursement District Estimated Costs and Proposed Zonal Fees Total Costs I. Improvements II. General Benefit III. Engineering IV. City Costs Sub-total Contingencies Grand Total $ 8,659,000.00 1,827,000.00 1,090,000.00 285,000.00 $ 11,861,000.00. 1,825,900.00 $ 13,686,900.00 ~,/ Exhibit B City of Lake Elsinore Railroad Canyon Road Benefit Reimbursement District Estimated Costs and Proposed Zonal Fees Final Spread of Benefits Received Many different methods of benefits received costs were proposed by the City staff, the developers, and the project engineer for the developer. Several discussion meetings were held, and certain letter and verbal agreements were concluded and a final report was circulated in May, 1989, subject to receipt of final costs. Final estimated costs are delineated .herein at $13,686,900.00, and based on the above mentioned letters and verbal agreements of benefits received, the final total costs for each area delineated (Exhibit A) would be as follows: Area Nomenclature Cost/$ Cost Per Aere t 1A-1 Homestead 32,850.00 100.00 ± lA-2 Future 82,122.00 685.00 ± lA-3 Homestead 164,242.00 2488.00 ± 1B Homestead 624,122.00 1085.00 ± 2A Friedman 1,370,058.00 2686.00 ± 2B Friedman 135,501.00 2710.00 ± 2C Future 68,434.00 430.00 f 3 Pardee 9,991,437.00 5046.00 f 3A Future 13,687.00 60.00 f 3B Future 506,415.00 4220.00 ± 4A Future 82,122.00 1026.00 ± 4B Future 273,738.00 1710.00 f, 5 Future 68,434.00 950.00 ± 6 Future 273,738.00 516.00 f TOTAL $ 13,686,900.00 Some areas have both single family units, and commercial areas. In addition, conducive to the same yield per. acre for per acre shown is for reference only, and benefitted area is the ultimate amount reimbursed. apartment house units, the topography is not development. The cost the total cost for each to be collected and ~_s Exhibit C City of Lake Elsinore Railroad Canyon Road Benefit Reimbursement District Boundary Legal That portion of Sections 33 and 34 of Township 5 South, Range 4 West, and Sections 2, 3, 4, 9, 10, 11, 12 and 13 of Township 6 South, Range 4 West, Section 7, 8 and 18 of Township 6 South, Range 3 West, being more particularly described as follows: Beginning at the northeast corner of said Section 34, Township 5 South, Range 4 West; Thence S 89 39' 18" W along the north line of said Section 34, a distance of 5316.29 feet more or less to the northwest corner of said Section 34, being also the northeast corner of said Section 33; Thence S 0 08" 01" W, along the west line of said Section 33, a distance of 2648.82 feet; Thence S 89 35' 31" W, a distance of 1320.60 feet; Thence S 0 04' O1" W, a distance of 1322.10 feet; Thence S 89 46' 20" W, a distance of 1320.66 feet; Thence S 0 04' O1" W, a distance of 1322.10 feet more or less to an intersection with the south line of said Section 33, said south line being also the north line of said Section 4, Township 6 South, Range 4 west; Thence S 0 34' 46" W a distance of 2247.65 feet; Thence S 89 32' 55" W a distance of 1320.51 feet; Thence S O1 18" 38" W a distance of 2624.48 feet more or less to an intersection with the south line of said Section 4; thence N 89 08" 17" W along said south line a distance of 1313.48 feet more or less to the southwest corner of said Section 4 being also C-1 ~~ the northwest corner of said Section 9 of Township 6 South, Range 4 west; thence S 0 02' 25" W along the west line of said Section 9, a distance of ?64.68 feet more or less to an intersection with the northerly right of way line of the Caltrans State Highway I- 15 (Corona Freeway); Thence southeasterly along the north line of the I-15 (Corona Freeway) per .Caltrans State Highway monumentation maps records distance and bearings to an intersection with the east line of said Section 9; Thence S 0 32' 30" W along said east line a distance of 203.64 feet more or less to the southeast corner of said Section 9, being also the southwest corner of said Section 10; Thence S 89 47' 40" E along said south line of said Section 10, a distance of 5290.56 feet more or less, to the southeast corner of said Section 10, being also the southwest corner of said Section 11; Thence S 89 37' 50" E along the said south line of said Section 11, a distance of 5237.15 feet more or less to the southeast corner of said Section 11, being also the northwest corner of said, Section 13 of Township 6 South, Range 4 west; Thence S 0 36' 14" E a distance of 2657.15 feet more or less to the south line of Tract 2910 as recorded in Book 51, page 96 - 98 of Maps of the County of Riverside;. Thence along said southerly line of said Tract 2910 to the most easterly line of said Tract 2910, said easterly line also being the east line of the west one quarter of said Section 13; Thence S 0 36' 00" kd along said east line a distance of 240.00. C-2 ~~ feet more or less to an intersection with the south line of tha north one-half of said Section 13; Thence N 89 37' 59" E along said south line a distance of 3965.00 feet more ,or less to an intersection with the east line of said Section 13, said east line being also the west line of Section 18, Township 6 South, Range 3 West; Thence N 89 49" 30" E, along the south line of the north one- half of said Section 18, a distance of 5262.30 feet more or less to an intersection with the east line of said Section 18; Thence N 0 31" 00" E a distance of 2646.20 feet more or less to the northeast corner of said Section 18; said northeast corner being the southeast corner of said Section 7 and the southwest corner of said Section 8 of Township 6 South, Range 3 West; Thence N 0 22" 50" W along the west line of said Section 8, a distance of 2666.63 feet more or less to the south line of the northwest one-quarter of said Section 8; Thence 5 89 54' 17" E along said south line a distance of 661.37 feet more or less to the east line of the west one-half of the southwest one-quarter of the northwest one-quarter of said Section 8; Thence N 0 21' 09" E along the said east line of said westerly one- half a distance of 1335.11 feet more or less to the south line of the northwest one-quarter of the northwest one-quarter of said Section 8; Thence N 89 59" 25" E a distance of 660.72 feet more or less along the south line of said northwest one-quarter to the southeast corner of the northwest one-quarter of the northwest one-quarter C-3 ~ / Thence N 0 19" 35" E a distance of 1337.09 feet more or less along the east line of said northwest one-quarter of the northwest one- quarter of said Section 8, to an intersection with the north line of said Section 8; Thence S 89 45" 06" W a distance of 1320.25 feet more or less along the said north line to the northwest corner of said Section 8, being also the northeast corner of said Section 7; Thence S 89 41" 21" W along the north line of said Section 7, a distance of 5188.83 feet more or less to the northwest corner of said Section 7, being also the northeast corner of Section 12, Township 6 South, Range 4 West; Thence N 89 53" 59" W along the north line of said Section 12, a distance of 5298.26 feet more or less to the northwest corner of said Section 12; said northwest corner being also the northeast"~ corner of said Section 11 of Township 6 South, Range 4 West, being also the southeast corner of said Section 2, of Township 6 South, Range 4 West; Thence N 89 16" 26" W along the south line of said Section 2, a distance of 2647.76 feet more or less to a point on the south line, described as the southeast corner of Parcel 14 of Parcel Map No. 23910, recorded in Book of Parcel Maps No. 154/7-13; Thence following the easterly and northerly line of Parcel 14 and Parcel 7, as shown on said Parcel Map, to an intersection with the west line of said Section 2, said west line being also the east line of said Section 3 said point of intersection lying 1096.52 feet north of the southeast corner of said Section 3; C -4 ~~ Thence N 00 14' 42" E, a distance of 226.59 feet; Thence N 89 27' 18" W, a distance of 487.41 feet; Thence N 0 08" 27" E, a distance of 1320.88 feet; Thence N 88 42' 14" W, a distance of 2612.05 feet; Thence N 0 17' 33" W, a distance of 2389.07 feet, to an intersection with the north line of said Section 3, Township 6 South, Range 4 West, said north line being also the south line of Section 34, Township 5 South, Range 4 West; Thence N 89 57' 53" West, along said south line of said Section 34, a distance of 10 feet; Thence N 0 Ol' 39" W, a distance of 1342.24 feet; Thence N 89 29' 45" E, a distance of 1326.74 feet; Thence N 0 22' 51" E, a distance of 1320.13 feet; Thence N 0 09' 51" W, a distance of 1321.03 feet; Thence N 89 26' 14" E, a distance of 1332.95 feet, more or less to an intersection with the east line of said Section 34; Thence N 0 19" 08" W along the east line of said Section 34, a distance of 2630.05 feet more or less to the northeast corner of said Section 34, Township 5 South, Range 4 West, said corner being also the point of beginning. C-5 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading cn iv'Cv eYi~b cr lx, 1989, and 1'iad lta Second rcadiny on NUV e1QIJeY '14, ', 1989 and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and __ correct copy of Ordinance No. 870, of said Council, and that the same has not been amended or repealed. DATED: November 20, 1989 ` ~ r CITY~OF+LE ELSINORE (SEAL) NO. 871 AN ORDINANCE` OF THE CALIFORNIA, REZONING 9 SOUTH SIDE OF FRANKLIN FROM C-1 (NEIGHBORHOOD DENSITY RESIDENTIAL) CHANGE 88-11) CITY OF LAKE ELSINORE, .12 ACRES LOCATED ON THE STREET, WEST OF AVENUE 6, COMMERCIAL TO R-3 (HIGH ZONING DISTRICT, (ZONE THE CITY COUNCIL OF THE CITY -0F LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: ZONING RECLASSIFICATION The Zoning Map of the City of Lake Elsinore, California, is hereby amended by changing, reclassifying and rezoning the following described property, to wit: NORTHEAST QUARTER OF SECTION 8 T6S R4W (Assessor's Parcel Number 373-071-018) from C-1 (Neighborhood Commercial) to R-3 (High Density Residential) Zoning District on approximately 9.12 acres, as illustrated in Exhibit "A" attached hereto, and the said real property shall hereafter be subject to the provisions and regulations of the Zoning Ordinance relating to property located within such R-3 Zoning District. Approval is based on the following: 1. The proposed R-3 Zoning is not anticipated to have any adverse significant environmental impacts. 2. The present C-1 Zoning is not consistent with the existing General Plan Land Use Designation or the General Plan Land Use Designation requested in General Plan Amendment 88-7. 3. The proposed R-3 Zoning is consistent with General Plan Amendment 88-7. 4. The proposed zoning will facilitate compatibility of land uses within the City's General Plan and will bring the property's zoning into conformity with the General Plan. SECTION TWO: This ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 12th day of December 1989, upon the following roll call vote: AYES: CDUNCILMEMBERS: BUCK, DOMINGUEZ, STAR KEY, WASHBURN, WINKLER NOES: CDUNCILP1EMBERS: NONE ABSENT: CDUNCILMEMBERS: NONE ABSTENTIONS: CDUNCILMEPIBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 26th day of December, 1989, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMLN,UEZ, STARKEY, WASHBURN, IdINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEPIBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE (SEAL') APPROVED AS TO FORM AND LEGALITY: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading nn, ilargtnhp7^ l? lagca anr~ had ;+~ Gg._.~,,.a ~ .,. . °_ -- • -- - ----- -__- -__ .`, rya i_^.y O.^. D?c~:.b^.~ ~~, 1989 and was passed by the following vote: ~tY~ CITY OF (SEAL) AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE EI,S INORE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 871 of said Council, and that the same has not been amended or repealed. DATED: December 27, 1989 C~SiNNE , CITY LERK CITY OF LAKE ELSINORE (SEAL) ORDINANCE NO. 872 AN ORDINANCE OF THE CITY OF CALIFORNIA, REZONING 18.11 ACRES NORTH SIDE OF POTTERY STREET, STREET FROM R-1 (SINGLE-FAMILY R-3 (HIGH DENSITY RESIDENTIAL) Z~ (ZONE CHANGE 88-12) LAKE ELSINORE, LOCATED ON THE EAST OF RANCHO RESIDENTIAL) TO ~NING DISTRICT, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: ZONING RECLASSIFICATION The Zoning Map of the City of Lake Elsinore, California, is hereby amended by changing, reclassifying and rezoning the following described property, to wit: SOUTHEAST QUARTER OF SECTION 5 T6S R4W (Assessor's Parcel Number 377-330-007) from R-1 (Single-Family Residential) to R-3 (High Density Residential) Zoninq District on approximately 18.11 acres, as illustrated in Exhibit "A" attached hereto, and the said real property shall hereafter be subject to the provisions and regulations of the Zoning ordinance relating to property located within such R-3 Zoning District. Approval is based on the following: 1. The proposed R-3 Zoning is not anticipated to have any significant adverse environmental impacts. 2. The present R-1 Zoning is not consistent with the requested General Plan Land Use Designation of High Density Residential contained in General Plan Amendment 88-8. 3. The proposed R-3 Zoning is consistent with General Plan Amendment 88-8. 4. The proposed zoning will facilitate compatibility of land uses within the City's General Plan and will bring the property's zoning into conformance with the General Plan. SECTION TWO: This ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 12th day of December 1989, upon the following roll call vote: AYES: CDUNCILMEMBERS: BUCK, DOMINGUEZ, STAR KEY, WASHBURN, WINKLER NOES: CDUNCILMEMBERS: NONE ABSENT: CDUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 26th day of December, 1989 upon the following roll call vote: AYES: COUNCILMEMBERS: RUCK, DOPIINGUEZ, STARKEY, !~IASNRURN, !~!INKLER NOES: COUNCILPIEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE (SEAL) APPROVED AS TO FORM AND LEGALITY: John R. Ha pe , 'ty Attorney STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading 4n December 12, 1989; and hard itc ccrnnr7 rgatain~, n.. Tancmhgr ?u 1989 and was passed by the following vote r AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE VICKr"LYNNF. KP:S"AD,-CITY'CLERK CITY OF LAK ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 872 of said Council, and that the same has not been amended or repealed. DATED: December 27, 1989 CITY OF LAK ELSINORE (SEAL) ORDINANCE NO. 873 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 57.0 ACRES LOCATED NORTH- WESTERLY OF MACHADO STREET AT THE TERMINUS OF PRINCO STREET, FROM COUNTY RURAL RESIDENTIAL (R-R) TO R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT, (ZONE CHANGE 89-11) THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: ZONING RECLASSIFICATION The Zoning Map of the City of Lake Elsinore, California, is hereby amended by changing, reclassifying and rezoning the following described property, to wit: Within the unincorporated territory of the County of Riverside, State of California, described as follows: Lot 3 in Section 3, T.6S, R.5W, S.B.B. & M, being also a portion of Block B on record of Survey on file in Book 6, Page 48 of records of said county, and: The south half of the northwest quarter of Section 3, T.6S, R.5W, S.B.B. & M., as shown by U.S. Government Survey, excepting. therefrom the easterly rectangular 20 acres; also excepting therefrom that portion lying westerly of the southerly prolongation of the easterly line of Lot 4 in Section 3, T.6S, R.5W, S.B.B. & M. (Assessor's Parcel Number 387-030-010) from County Rural Residential (R-R) to R-1 (Low-Density Residential) Zoning District on approximately 57.0 acres, as illustrated in Exhibit "A" attached hereto, and the said real property shall hereafter be subject to the provisions and regulations of the Zoning Ordinance relating to property located within such R-1 Zoning District. Approval is based on the following: 1. The present County of Riverside zoning of Rural Residential is not consistent with the requested General Plan Land Use Designation of Low Density Residential as contained in General Plan Amendment 89-10. 2. The proposed zoning, which will become effective upon annexation, if consistent with General Plan Amendment 89-10. 3. The proposed zoning will facilitate compatibility of-land __' uses within the City's General Plan and will bring the property into conformity with the General Plan. SECTION TWO: This ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 12th day of December 1989, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DDMINGUEZ, STARKEY, WASNBURN, WINKLER NOES: CDUNCILMEMBERS: NONE ABSENT: CDUNCILMEMBERS: NONE ABSTENTIONS: CDUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 26th day of December, 1989 ~ upon the following roll call vote: AYES: CDUNCILPIEMBERS: BUCK, DDMIN~UEZ, STARKEY,!dASHBURN, WINKLER NOES: CDUNCIL~1EP16ERS: NONE ABSENT: COUNCILME"1BERS; NONE ABSTENTIONS: CDUNCILP1EP1BERS: NONE (SEAL) APPROVED AS TO FORM AND LEGALITY: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading On December 12 ~.. 1049, and hwd it". ucCCnd rcudlig Cia DcC ciubc 2v, 1989 and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE K1 L KASAD, ITY LERK CITY OF LA ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is'a full, true and correct copy of Ordinance No. 873 of said Council, and that the same has not been amended or repealed. DATED: December 27, 1989 PICKI ZYNN KASAD, CITY CITY OF LA ELSINORE (SEAL) NO. 874 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 72.5 ACRES LOCATED NORTH- WESTERLY OF MACHADO AT THE TERMINUS OF LINCOLN STREET, FROM COUNTY RURAL RESIDENTIAL (R-R) TO R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT, (ZONE CHANGE 89-5) THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: ZONING The Zoning Map of the City of Lake Elsinore, California, is hereby amended by changing, reclassifying and rezoning the following described property, to wit: Being a portion of the east half to the southeast quarter of the northwest quarter of Section 3, Township 6 South, Range 5 west, S.B.B. & N. (Assessor's Parcel Number 387-030-003 & 387-030-004) from County Rural Residential (R-R) to R-1 (Low-Density Residential) Zoning District on approximately 72.5 acres, as illustrated in Exhibit "A" attached hereto, and the said real property shall hereafter be subject to the provisions and regulations of the Zoning Ordinance relating to property located within such R-1 Zoning District. Approval is based on the following: 1. The present County of Riverside zoning of Rural Residential is not consistent with the requested General Plan Land Use Designation of Low Density Residential as contained in General Plan Amendment 89-5. 2. The proposed R-1 Zoning, which will become effective upon annexation, is consistent with General Plan Amendment 89-5. 3. The proposed zoning will facilitate compatibility of land uses within the City's General Plan and will bring the property into conformity with the General Plan. SECTION TWO: This ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 12th day of December 1989, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DDMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILb1EMBERS: NONE ABSENT: COUIJCILf•1EMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 26th day of DecPmhPr, 1989 , upon the following roll call vote: AYES: CDUNCILMEMBERS: BUCK, DDMINGUEZ, STARKEV, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE ATTEST: Vic ti Lynne Kasad, City C erk (SEAL) APPROVED AS TO FORM AND LEGALITY: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF .LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading Cn - DECCmber i2 n n ~ t-.-. a _ +-._. _ _ ~__ _~ _, _ .. _ _ _ , 1>8>-, sru uuu i..o' aci. viiu '.L CCiu iiit~ Vll Ldt. t~lllfJC L" Lb, 1989 and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE VICKI LYNNE SAD, CITY CLERK CITY OF LAKE ~LSINORE (SEAL) STATE OF CALIFORNIA ) ', COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and __ correct copy of Ordinance. No. 874 of said Council, and that the same has not been amended or repealed. DATED: December 27, 1989 ^,~ CK~ Y LY NE SAD;. CITY CLERK CITY OF LP.K ELSINORE (SEAL) ORDINANCE NO. 875 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ESTABLISHING CHAPTER 17.11 CENTRAL BUSINESS OVERLAY DISTRICT WHEREAS, the Central Business District has existed as the center of commercial activity in Lake Elsinore for over 100-years; C1111A, WHEREAS, in recent years, a certain amount of deterioration to important buildings has occurred, as well as the incursion of new uses, which are inappropriate to the character of Downtown; and WHEREAS, the City Council of the City of Lake Elsinore desires to revitalize the Central Business District through the adoption of specific design guidelines to insure rehabilitation compatible with the character of the historic Downtown. NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: 1. Chapter 17.11, CENTRAL BUSINESS OVERLAY DISTRICT is hereby established as follows: 17.11.010 Purpose. The purpose of the Central Business Overlay District is to establish guidelines to insure that future development in the .Central Business District is compatible with the character of the existing small, historic Downtown and to provide a framework for the renovation of buildings which already exist. The design guidelines will serve as the implementation tool for the Cal-Poly Urban Design Study for Downtown Lake Elsinore (1982), accomplish the identified goals and objectives of that Study, preserve and enhance the existing character of Downtown Lake Elsinore, and extend that character to new development in the Central Business District. 17.11.020 Central Business District Defined. i The Central Business District is located in one of the oldest, most established parts of the community of Lake Elsinore. The District is bounded to the north by I-15, PAGE TWO - ORDINANCE NO. 875 to the south by the Lake edge, the east by the alley which parallels Main Street, and to the west by Spring Street, and includes a portion of Graham Avenue to Kellogg. The specific boundaries were adopted by the City Council in April, 1989 and are set forth with specificity in the Design Guidelines for the Central Business District, which is incorporated herein. 17.11.030 Permitted Uses. Those uses permitted within the Central Business Overlay District shall be those uses otherwise permitted in the underlying zoning and subject to the Rules and Regulations adopted therefor, as modified by this Overlay District. 17.11.040 Development Standards. The development standards for the Central Business Overlay District shall be as set forth in the Design. Guidelines for the Central Business District, Lake Elsinore, California, dated October, 1989 and as from time to time amended. Said Design Guidelines are hereby incorporated herein and made a part hereof. 17.11.050 Desian Review Committee. In order to accomplish the goals and objectives of the Design Guidelines, a Design Review Committee shall be established. Said Committee shall be five (5) members and composed of two representatives appointed by the Downtown Business Association, two City Council members and Planning Commission Chairman (or designee) and staffed by a licensed architect appointed by the City Council. The term of office of the committee shall be two (2) years, coinciding with the bi-annual election of City Council members. If a member is unable for any reason, to carry out his/her responsibilities, the Committee shall appoint a temporary substitute until an alternate member is appointed by the respective governing body. . ~:,:,.,. , ..e,,..ua, PAGE THREE - ORDINANCE NO. 875 17.11.060 Proiect Review. A. All applications for construction, renovation, or rehabilitation within the District shall be submitted to the Planning Division on a form prepared by the City. B. Design Approval requires an affirmative vote by a majority of the Committee members. At least three (3) Committee members' signatures are required on an approved application prior to the issuance of a building permit. C. The Committee may deny or continue consideration for a project for any of the following reasons: 1. Nonconformance with the Design Guidelines. 2. Incomplete application. 3. Improvements begun without prior approval. D. Upon approval by the Design Review Committee no further design approval by Planning Staff or Planning Commission shall be required. INTRODUCED AND APPROVED UPON FIRST READING this 12th day of December, 1989, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE. PASSED, APPROVED AND ADOPTED UPON SECOND READING this 26th day of December, 1989, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, !dINKLEP. NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: N^^~~ ABSTAIN: COUNCILMEMBERS: N .., CITY OF E ELSINORE TO FORM AND LEGALITY: R. HARPE#2, a~ .a .. ~, F _ _.A~: „ + ._ .. CITY OF LAKE ELSINORE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading .. nn flPr.am7`lar l?~ 'I QRq anri har7 itc S°CQ.^.d ~reu!~1^ Cn Dc".~^.^mti.. ~^.~ "c -.~ .. .. , 1989 and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE .ABSTAIN: COUNCILMEMBERS: NONE CITY OF (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 875 of said Council, and that the same has not been amended or repealed. DATED: December 27, 1989 (^\~~ V C~~NE , CITY CLERK CITY OF LAKE~NORE (SEAL) ORDINANCE NO. 876 AN URGENCY INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING A MORATORIUM ON NEW DEVELOPMENT APPROVALS ON PROPERTIES IN THE EAST FLOODPLAIN AREA AND CITY LAKE PERIMETER AREA TO INCLUDE IN THE MORATORIUM CERTAIN PROPERTIES AS FOLLOWS: I) THE AREA NORTHERLY OF THE PROPOSED INLET CHANNEL DEFINED AS BEING BOUNDED ON THE WEST BY LAKEPOINT PARK, ON THE NORTH BY LAKESHORE DRIVE, ON THE EAST BY THE SAN JACINTO RIVER, AND THEN SOUTHEASTERLY TO THE NORTHERLY BOUNDARY OF THE INLET CHANNEL NEAR THE SOUTHERLY TERMINUS OF RAILROAD CANYON ROAD 2) THE AREA LOCATED SOUTHERLY OF CEREAL STREET AND BOUNDED BY CORYDON ROAD ON THE SOUTHEAST AND THE CITY LIMITS ON THE SOUTHWEST AND. 3).THE.LAKE:PERIMETER-AREA BEGINNING AT THE CITY BOUNDARY AT BONNIE LEA DRIVE ANn THE LorE CONTINUING SOUTHWESTERLY TO GRAND AVENUE, AND THEN INCLUDING ALL PROPERTIES LOCATED WITHIN THE LAKE SIDE BOUNDARIES OF GRAND AVENUE, RIVERSIDE DRIVE, AND LAKESHORE DRIVE, AND TERMINATING AT LAKEPOINT PARK. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE HEREBY FINDS THAT: 1. The City in conjunction with the Redevelopment Agency is contemplating the development of a land use and circulation plan for the East Floodplain and City Lake Perimeter area. 2. Additional development approvals within the Planning Area may conflict with the proposed elements of the contemplated plan. 3. Pursuant to California government Code Section 65858 current and pending development proposals constitute an immediate threat to adversely impact elements of the contemplated plan, especially the provision of safe and adequate access to public and private lands, thereby constituting a current and immediate threat to the public health, safety and welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE Any approvals of subdivisions, use permits, variances, design review approvals, or any other applicable entitlement for use which is required in order to comply with the zoning Ordinance shall be prohibited within the East Floodplain and City Lake Perimeter Area, as shown in Exhibit A, attached hereto and made a part hereof, until a land use plan for the entire Planning Area is adopted or this interim ordinance or subsequent extensions have expired. Page 2 Ordi€~ance No. 876 SECTION TWO This Ordinance shall become effective upon its adoption and ex- pire on January 26, 1990, unless subsequently extended in the manner required by law. PASSED, APPROVED AND ADOPTED this 12th day of December, 1989, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMIN~UEZ, STARKEv, WA.SHBl1RN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS• WINKLER (SEAL) APPROVED AS TO John R. Haroer d FRED DOMTNG EZ, I~Ri (1R AND LEGALITY: ~~"~~ •~~ .• ..---..------ ~•' F ~~ ~ ~~ ,,\ I ~' . _._ __ EXNi~~T !- pECFN-PER Iz , 1969 Fbooa ~cA~~ ~noi+fAToR~vM AAtA (Exrnr~vEn A~rA) ~GiA ~ .~f. *.IP, .,.. .~.~.~.......... ~P+...A exrA~van MoR.RTOFa ~~" ~ Atbn-s ://~ REDEVELOPMENT AGENCY • CITY OF LAKE ELSINOR/E~ ~~„ "' "I ASSOCIATES ~' ~'w,u •rE .F ~=' . +- ..I----~ TABULATION OF WETLANDS APEA 200 ACRES - EL. 12A0 IBOTTOM ft. 12001 ~..,..uF.~P •v~ 100 ACBEB - EL. 12A2-1SC5 IBLANOS 100 ACHES - FL. 12<0 TO 1205 AT 0:1 SLOPE AOOITIONAL WATER STORAGE ANO BDFFEfl ZONE -AVE. EL. 1253 100 ACDES TOTAL WITN PUBLIC PATN EDGE (SEE PROFILE) ~._--, ~. .~;, ~, ~' ~ j •<+u+n PFOFI i ~-MoQAroRluM AF~ta (ot.~. sr,s) ' l ~. ~ - \ NOTE ( /:~ c.wor c~+~o..au • LEVEE TO BE ALCESSIOLE +o' +~~,+•c~. \~~ s fOB FISHING AND SWIMMII RwL`A ~ • POTENTIAL SEASONAL CL '. OUBING FISH SPAWNING B '. lu+r.ortn I'1\ • A SPECIFIC PLAN FOB LFV '. / AND DELINEATION OF SNA '. l~ DEYFLOPEO JOINTLY BY f "~ STATE DEPT. OF fISN ANI i STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, +~n vnrf v'+oV npPTTw Lh.a- ~M ... F.. var. ~...:.~.. n.-~•-____ i_-1 ti. r!___.i _._.. __ ._...........~ ......_~. .. ....u .. ....:. a...i ..:y va..y va.uitliz l.l:c aiCiu 11.J i11 o1. ici Clu 113y on December 12, 1989, and had its second reading on December 12, 1989 and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ARS'1'AIN: COUNCILMEMBERS: WINKLER (^~ CKI"LYNNE SAD, CITY CLERK CITY OF LAK LSINORE - (SEAL) "'STATE OF CALIFORNIA 1 COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore,s DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 876 of said Council, and that the same has not been amended or repealed. DATED: December 27, 1989 CITY OF LAKE (SEAL). .., INORE .,~~ . ~ w~ .. _ ~ _ _.