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HomeMy WebLinkAbout02-27-2001 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 27, 2001 ~~~*~~~~~~~*~~~~*~~*~~*~~*~~~~*~*~~:~~:~~*~~:~~~~~*:~~**~**:~~~~*~~~~*~ CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Schiffner at 7:02 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Pape. INVOCATION The Invocation was provided by Pastor Ron Butler, representing Canyon Lake Community Church, ROLL CALL PRESENT: COiTNCILMEMBERS: BRINLEY, KELLEY, PAPE, SCHIFFNER ABSENT: COUNCILMEMBERS: METZE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Boone, Community Development Director Brady, Community Services Director Sapp, Acting Fire Chief Barron, Police Chief Walsh, City Engineer O'Donnell and City CIerWHuman Resources Director Kasad. PRESENTATIONS None. PUBLIC COMMENTS - AGENDIZED ITEMS - . ,,, < . 4 y A request was received to address item No. 21, and deferred to that discussion. CONSENT CALENDAR ITEMS 1VFOVED BY BRINLEY, SECONDED BY PAPE AND CARRIED BY UNAIVIMOUS VOTE OF THOSE PRESENT TO APPROVE THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: a. City Council Study Session - January 25, Z001. PAGE TWO - CITY COUNCIL MINUTES - FEBRUARY 27, 2001 b. City Council Study Session - February 13, 2001. c. Regular City Council Meeting - February 13, 2001. (F:44.4) The following Minutes were received and ordered filed: d. Planning Commission Meeting - February 7, 2001. (F:60.3) e. Design Review Committee Meeting - February 7, 2001. (F:60.4) 2. Ratified Warrant List for February 15, 2001. (F:123) 3. Rejected and referred to Claims Administrator the Claim Against the City submitted by Southern California Edison Company (CL #2001-06). (F:52.2) 4. Adopted Resolution No. 2001-04 Declaring Weeds, Rubbish, Refuse and Dirt as a Public Nuisance and directed staff to proceed with property owner notification. (F:166.1) RESOLUTION NO. 2001-04 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING WEED ABATEMENT ASSESSMENT LIENS AND DECLARING THAT CERTAIN WEEDS, RUBBISH, REFUSE, AND DIRT AS DEFINED IN SECTION 14875 OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA AND CHAPTER 8.32 OF THE LAKE ELSINORE MUNICIAPL CODE CONSTITUTE A NUISANCE AND REQUIRE A NOTICE TO BE GIVEN TO THE PROPERTY OWNERS IN ACCORDANCE WITH DIVISION 12, PART 5, CHAPTER 2, OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA AND CHAPTER 8.32 OF THE LAKE ELSINORE MUNICIPAL CODE AND PROVIDING FOR A HEARING ON OBJECTIONS, TOGETHER WITH FILING OF COST REPORTS AND ASSESSMENTS AGAINST THE LAND FROM OR IN FRONT OF WHICH THE WEEDS, RUBBISH, REFUSE AND DIRT ARE REMOVED. Approved Railroad Canyon Road Rehabilitation Notice of Completion for R.J. Noble Company, and authorized execution and recordation of the document. (F:156.2) PIJBI.IC ~IEARINGS 21. Elsinore Citv Center Specific Plan (SP No. 91-1) Amendment No. 1, General Plan Amendment No. 00-04. Design Review for Residential Project No. 00-02, and Addendum to 1992 Final Citv Center Specific Plan EIR (Oak Grove Equitiesl - Resolution No. 2001-OS and 2001-06. and Ordinance No. 1073. (F:150.2) Mayor Schiffner opened the public hearing at 7:06 p.m. PAGE THItEE - CITY COiTNCIL MINUTES - FEBRUARY 27, 2001 Community Development Director Brady provided an overview of the actions to be contemplated in this public hearing. He noted that the location of the proposed project was the site to the south of the Walmart/Vons center. He detailed the Planning Commission considerations of this project and highlighted their concerns with the potential traffic impacts. He noted that the area was presently zoned Commercial, but this would allow for residential development. He advised that the proposed project would be 141 units within 9 buildings and detailed the site configuration with terracing and two and three story structures. He fizrther advised that it would be a guard gated community with a swimming pool, tennis courts and a tot lot. He presented the e~erior design for the buildings. He advised that the Planning Commission was in concurrence with the proposed conditions, except condition #42 regarding the CFD to provide funding for police, fire, parks, storm drain maintenance, etc. He advised that the City was reviewing the matter and developing a fee structure for those services. I-Ie stressed the inadequacy of the property tax base to address those services and noted that it was similar to the conditions placed on other projects. He noted that the Planning Commission felt the condition should be deleted, since the fee has not yet been established. Mayor Schiffner asked those persons interested in this item to speak. The following people spoke: Chris Hyland, 15191 Wavecrest Drive, questioned if the Council put the interests of existing residents before the new developments. She suggested that the proposed project was a mistake, noting the loss of commercial property. She indicated that the applicant, Oak Grove Equities, had contributed to the Assembly campaign of Councilman Pape, and suggested that it was impossible for Mr. Pape to discuss the matter without there being a conflict of interest. She challenged him to abstain from,vote on this matter. Glen Daigle, Architect, representing the applicant, indicated that he was available to answer questions. City Attorney Leibold advised that a campaign contribution was not considered income and not considered disqualifying factor for voting purposes. Councilman Pape noted that this item was first before the Council on March 11, 1999 at a study session; and explained that this site was originally unsuccessfully promoted as a commercial site, and later considered as a residential project site. He stressed that this project was presented long before his Assembly campaign, making it almost.a moot point; noting that he was supportive of the project before the campaign. He indicated that no one spoke about this item at the Planning Commission meeting and he didn't think anyone was against the project, except with regard to the traffic. He reiterated that a commercial project would generate three times the traffic of this project. He noted that the City was currently reviewing PAGE FOUR - CITY COUNCIL MINUTES - FEBRUARY 27, 2001 options to mitigate the traffic issues. He questioned the timing for the proposed Franklin Street Improvements. Community Development Director Brady indicated that the project was currently being designed with bids to be solicited in three or four months. Iie suggested that it should be complete by the end of the summer or beginning of fall. Councilman Pape noted that staff was working with Caltrans to gain approval of changes to the off-ramps to address the long term impacts of development. He suggested that if this project were declined based on traffic, any other development in the area should also be turned down; and noted some of the projects such as Pardee, the new church on Railroad Canyon, eta He stressed the importance of imposing building restrictions fairly. Mayor Pro Tem Brinley addressed Condition #42, which was omitted by the Planning Commission and stressed the public safety factors. She noted that the proposed fees were $350 per single family home and $175 per apartment. She suggested a new condition as follows: Condition #42 - The applicant shall participate in a"Special Tax" or alternative Cost Recovery Program to offset the negative fiscal impacts of the project relating to public safety and maintenance/operations, including improvements, facilities and services for fire and police protection, drainage, roads, and other public improvements. The assessment shall be in such amount as determined by the "Special Tax Formula" currently being prepared by Harris and Associates, but in any event, shall not exceed $175.00 per apartment unit per year. Mayor Pro Tem Brinley also noted need for inclusion of the Crime Free Multi-Housing Program in the conditions, noting that possibly it was included in condition #6. She reiterated that this project would only generate 1/3'~ the traffic of a commercial project; and noted that the Franklin/Canyon Estates Drive improvements would be helpful. She stressed the importance of assuring public safety. Councilman Kelley noted that this was discussed during Agenda review, and questioned whether information had been obtained on the vacancy rate in the area. Community Development Director Brady indicated that the vacancy rate was in the process of being updated, but the 1990 Census showed a 13% vacancy rate, and staff believes it is now about 5% or 6%. Councilwoman Kelley concurred with staff s belief, noting friends that were having trouble finding an apartment. She stressed the need for apartments, and noted that this would appear to be a nice complex. She indicated that she was happy with the design, and expressed support for the inclusion of Condition #42 as presented by Mayor Pro Tem Brinley. She addressed the iraffic circulation and noted that work was continuing to find a viable alternative with Caltrans. She concurred that the improvement of Franklin Street would be helpful, and that if one project is denied because of traffic, they should all be denied. She stressed that the already adopted specific plan would allow commercial, which would produce even more traffic. PAGE FIVE - CTTY COUNCIL MINUTES - FEBRUARY 27, 2001 She reiterated that she would support inclusion of Condition #42. Mayor Schiffner concurred with the need for Condition #42, and stressed that the City needed to send a message that it couldn't afford more housing - unless it provides part of the cost for police, fire, etc. He noted that the average house generates $150 per year for the General Fund, while it costs about $750 per year to provide the services. He commented that this request was for $350 per year, per house, supplemented by sales taxes in the area. He addressed the traffic issues, and stressed that the development could include commercial, but the residential shift would cut traffic by approacimately 2/3rds. He indicated that he felt this was the best choice, and noted that it was a nice project, which would address a need in the area. Mayor Pro-Tem Brinley addressed the Crime Free Multi-Housing issue and indicated that she would like to add a condition that if there are repeated calls for the Police Department, they would be required to provide private security from 6 p.m. to sunrise. She suggested that it would assist the Crime Free program, but be used only if necessary. She questioned the ability to add such a condition. City Attorney Leibold indicated that it would be possible to condition the project to provide private on-site security. Mayor Pro Tem Brinley stressed that it would only be required upon a determination from the Police Chief and Community Development Director, based on need. Mayor Schiffner inquired if Police Chief Walsh had any comments on the proposed security condition. Chief Walsh indicated that he felt if there were enough calls, the apartment owner would place security on their own. He noted that his department would also be able to deal with problems of that nature. Councilwoman Kelley suggested that if the complex was complying with the Crime Free Multi-Housing program, there shouldn't be a problem. Mayor Pro Tem Brinley indicated that problems would not be anticipated, but suggested looking at building the Crime Free program and giving the Police Department more authority. Dennis Fabozci, Oak Grove Equities, requested clarification with regard to the proposed Condition #42, noting that they felt it should be deleted. He inquired if the $175 per apartment annually would be in perpetuity, to increase the tax base. Mayor Pro Tem Brinley indicated that it would generate funds for police and fire protection. Mr. Fabozci inquired how that amount was determined. City Manager Watenpaugh indicated that services annually cost between $690 and $750 per year, per household; but noted that most other cities do not assess the full costs. He indicated that staff would be requesting that the Council assess a fee on new developments to supplement services. Mr. Fabozci inquired if this was the CFD and if one already existed. City Manager Watenpaugh indicated that the fee was currently being formulated. Mr. Fabozci inquired if this fee would be assessed on every dwelling built in Lake Elsinore. City Manager PAGE SIX - CITY COUNCIL MINUTES - FEBRUARY 27, 2001 Watenpaugh confirmed, noting the exception of infill lots. Councilman Pape concurred with the need for Condition #42, and concurred with the Police Chief that the security condition was probably not necessary. Mayor Schiffner also concurred with the Police Chief. Hearing no additional requests to speak, the public hearing was closed at 7:35 p.m. MOVED BY BRINLEY, SECONDED BY PAPE TO APPROVE THE ADDENDUM TO THE 1992 CITY CENTER SPECIFIC PLAN EIR BY ADOPTING RESOLUTION NO. 2001-05; APPROVE GENERAL PLAN AMENDMENT NO. 00-04 BY ADOPTING RESOLUTION NO. 2001-06; APPROVE ELSINORE CITY CENTER SPECIFIC PLAN AMENDMENT iVO, 1 BI' ADOPTING ORDINANCE NO. 1073 UPON FIRST READING BY Td~'LE ONLY; AND APPROVE RESIDENTIAL DESIGN REVIEW NO. 00- 02, BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL, WITH THE ADDITION OF CONDITION #42 AS STATED BY MAYOR PRO TEM BRINLEY: RESOLUTION NO. 2001-OS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING THE ADDENDUM TO THE 1992 FINAL CITY CENTER SPECIFIC PLAN EIR. RESOLUTION NO. 2001-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING GENERAL PLAN AMENDMENT NO. 00- 04 TO AMEND THE LAND USE ELEMENT OF THE GENERAL PLAN TO ALLOW MULTI-FAMILY RESIDENTIAL USES WITHIN ~'HE ELSINORE CITY CENTER SPECIFIC PLAN AREA. ORDINANCE NO. 1073 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING AMENDMENT NO.1 TO THE ELSINORE CITY CENTER SPECIFIC PLAN, TO REDESIGNATE AN 8.2 ACi2E PARCEL FROM "GENERAL COMMERCIAL" TO "MULTI-FAMILY RESIDENTIAL" AND TO ALLOW CONSTRUCTION OF AN APARTMENT COMPLEX. ~O1V T'HE FOLI.OWING ROLL CALL VOTE: f1~S: COi1NCILMEMBERS: BRINLEY, KELLEY, PAPE, SCHIFFNER PAGE SEVEN - CITY COUNCIL MINUTES - FEBRUARY 27, 2001 " NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COITNCILMEMBERS: NONE NONE NONE FINDINGS - ADDENDUM TO 1992 FINAL CITY CENTER SPECIFIC PLAN EIR The Addendum has been prepared, submitted and reviewed in accordance with requirements of the California Environmental Quality Act and the City's CEQA requirements, and is complete and adequate in their evaluation of all environmental effects of the Elsinore City Center Specific Plan Amendment No. 1 and associated discretionary approvals. The Elsinore City Center Specific Plan Amendment No. 1 and associated discretionary approvals will not result in any significant or unavoidable impacts. 2. The proposed applications will not have impacts that are individually limited but cumulatively considerable. Given that project impacts are insignificant, cumulative impacts are not foreseen. 3. The proposed applications do not have the potential to adversely affect humans, either directly or indirectly. FINDINGS - GENERAL PLAN AMENDMENT NO. 00-04 1. General Plan Amendment No. 00-04 will not be: a) detrimental to the health, safety, comfort or general welfare of persons residing or working within the neighborhood of the proposed General Plan Amendment area or within the City, or b) injurious to property or improvements in the neighborhood or within the City. 2. General Plan Amendment No. 00-04 will permit reasonable development of the area consistent with its constraints. 3. General Plan Amendment No. 00-04 will establish a land use density and usage more in character with the project site's location, access, and constraints. 4. General Plan Amendment No. 00-04 will not have a significant effect on the environment. FINDINGS - ELSINORE CITY CENTER SPECIFIC PLAN AMENDMENT NO.1 1. Specific Plan Amendment No. 1 meets the City's Specific Plan criteria for content and required implementation of the General Plan established by Section 65450 et seq. of the California Government Code and Section 17.99 of the City of Lake Elsinore Municipal Code. 2. Specific Plan Amendment No. 1 shall be implemented consistently with the Goals, Policies and _ Objectives of the General Plan; and with any other applicable plans or policies adopted by the City. 3. Those issues, standards, guidelines, etc. not addressed in Specific Plan Amendment No. 1 will revert to the 1992 Elsinore City Center Specific Plan and/or City Municipal Code in effect at the time future development is proposed for actual construction. 4. Development standards and regulations contained in Specific Plan Amendment No. 1 supersede applicable City ordinances and codes, unless specifically stated to the contrary. Approval of Specific Plan Amendment No. 1 shall not be interpreted as waiving compliance with other Federal or State laws or City Codes. PAGE EIGHT - CITY COUNCIL MINUTES - FEBRUARY 27, 2001 5. Specific Plan Amendment No. 1 allows future development 4o be well-integrated with its surroundings. 6. Specific Plan Amendment No. 1 will be adequately serviced by existing and/or future public facilities and services. 7. Overall design of Specific Plan Amendment No. 1 will produce attractive, efficient and stable development. 8. Specific Plan Amendment No. 1 will not be detrimental to the health, safety, comfort or general welfare of the persons residing or working near the project area or within the City, nor will it be injurious to property or improvements in the project area or within the City. FINDINGS - RESIDENTIAL DESIGN REVIEW NO. 00-02 1. Subject to the attached Conditions of Approval, Residential Design Review No. 00-02 is not anticipated to result in any significant adverse environmental impacts. 2. Residential Design Review No. 00-02 complies with the Goals, Objectives and policies of the General Plan, and the Elsinore City Center Specific Plan Amendment No. 1 documenY in which it is located. 3. Residential Design Review No. 00-02 allows the proposed apartment complex to be well- integrated with its surroundings. 4. Residential Design Review No. -00-02 will allow the proposed aparhnent complex to be attractive and visually-pleasing. 5. Residential Design Review No. 00-02 will not be detrimental to the publids health, safety, or general welfare. CONDITIONS OF APPROVAL PLANNING DIVISION Within 30 Davs After CitV Council Approval 1. The Draft Elsinore City Center Specific Plan Amendment No. 1 document shall be revised to incorporate any corrections and/or changes required by the Planning Commission and/or City Council. Five copies of the Final Elsinore City Center Specific Plan Amendment No. 1 document shall be submitted in three-ringed binders for review and approval by the Community Development Director or designee within 30 days of approval by the City Council. No permit sha11 be issued until the Elsinore City Center Specific Plan Amendment No. 1 document and any required revisions are administratively approved by the Community Development Director or designee. 2. The following standard which regulates "Signs in Commercial Districts", which is contained on page XII-24 of the Elsinore City Center Specific Plan document shall be revised in the Final - Elsinore City Center Specific Plan Amendment No. 1 document as follows. The deleted text is st~el~, while inserted text is underlined: "The total sign area permitted per building frontage shall not exceed ~uve-E2~ 1_5 square feet per lineal fooY of building frontage...". PAGE 1VINE - CTTY COUNCIL MINUTES - FEBRUARY 27, 2001 Throuehout ProjeM Implementation 3. Future development of the apartment complex shall be built in substantial conformance with the approved site plan, building plans, and landscape plans prepared for the Elsinore City Center Specific Plan Amendment No. 1 document and Design Review 00-02. 4. Those issues, standards, guidelines, etc. not addressed in the Elsinore City Center Specific Plan Amendment No. 1 document will revert to the 1992 Elsinore City Center Specific Plan and/or City Municipal Code in effect at the time future development is proposed for actual construction. 5. Those conditions of approvals established with the 1992 Elsinore CiTy Center Specific Plan shall continue to be implemented. 6. The applicant shall continue to implement those mitigation measures identified in the Mitigation Monitoring Program adopted with the EIR Addendum prepared for the Elsinore City Center Specific Plan Amendment No. 1, General Plan Amendment No. 00-04, and Residential Design Review No. 00-02. The applicant shall comply with the following requirements of the Riverside County Fire Department: • Fire protection measures shall be provided in accordance with Riverside County ordinances and/or recognized fire protection standards. Blue retro-reflective pavement markers shall be mounted on public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers shall be approved by the County Fire Deparhnent. •. Minimum required fire flow shall be 1,875 gallons per minute for a two-hour duration at 20 pounds per second residual operating pressure, which must be available before any combustible material is placed on the project site. Fire is based on type VN construction per the 1997 UBC and buildings having fire sprinkler systems. • A super fire hydrant (6" x 4" x 2%x ") shall be located within 25 feet to 165 feet from any portion of a building as measured along an approved vehicular travelway. • Gate entrances shall be at least two feet w.ider than the width oF the traffic lane serving that gate. Any gate providing access from a road to a driveway shall be located at least 35 feet from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. • Gates shall be automatic or manual operated, minimum 24 feet in width, with a setback of 35 feet from face of the curb line. Gate access shall be equipped with a rapid entry system. Plans shall be submitted to the Fire Department for approval prior to installation. • Automatic/manual gate pins shall be rated with shear pin force, not to exceed 30-foot pounds. Automatic gates shall be equipped with emergency backup power. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. • The applicant shall submit copies of the water system plans to the Fire Department for review and approval. Calculated velocities shall not exceed 10 feet per second. Plans shall conform to the fire hydrant types, location, and spacing; and shall meet fire flow requirements. • The applicant shall submit a site plan designating required fire lanes with appropriate lane painting and/or signs to the Fire Department for review and approval. • The apartment complex shall have an illuminated diagram of the actual layout which shows the name of the complex, all streets, building designators, unit numbers, and fire hydrant locations. PAGE TEN - CITY COUNCIL MINUTES - FEBRUARY 27, 2001 ' • Install a complete fire sprinkler system per NFPA 13 1996 edition in all buildings. Pipe sizes in excess of four inches (diameter) shall require certification by a structural engineer that the building is stable enough to support seismic and gravity loads of the sprinkler system. • All fire sprinkler risers shall be protected from any physical damage. The post indicator valve and Fire Department connection shall be located to the front, within 50 feet of a hydrant, and a minimum of 25 feet from the building. • Standpipes will be required for all buildings over two stories. • The applicant shall install a U.L. Central Station Monitored Fire Alarm System. The monitoring system shall monitor the fire sprinkler system water flow, P.I.Vs and all control valves. Plans shall be submitted to the Fire Department for review and approval prior to installation. • Floor-level exit signs, exit markers, and exit path markings shall be installed per the Uniform Building Code. • Portable fire extinguishers with a minimum rating of 2A-lOBC and signage shall be installed. Fire extinguishers located in public areas shall be in recessed cabinets mounted 48 inches to center above floor level with maximum four-inch projections from the wall. The Fire Department shall be contacted for proper placement of equipment prior to installation. • A U.L. 300 hood duct fire extinguishing system shall be installed over the cooking equipment. A wet chemical extinguishing system must provide automatic shutdown of all electrical components and outlets under the hood upon activation. System must be installed by a licensed C-16 contractor. Plans shall be submitted to the Fire Department prior to installation. 8. Design Review approval for Residential Design Review No. 00-02 will lapse and be void unless building permits are issued within one year. An extension of time, up to one year per extension, may be granted by the Community Development Director prior to expiration of the initial Design Review approvaL The applicant must submit an application one month prior to expiration. 9. These Conditions of Approval shall be attached or reproduced on Page 1 of the building plans, prior to acceptance by the Division of Building and Safety. 10. All site improvements shall be constructed as indicated on the approved site plan and building elevations. Revisions to approved site plans or building elevations shall be subject to administrative approval by the Community Development Director or if the changes are determined to be significant, further Design Review approval would be required. 11. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Director or designee. 12. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 13. The project address shall be a minimum of six inches high and shall be installed in a location easily visible from the public right-of-way. Addresses for the individual buildings and units shall be six inches high and displayed so they are clearly visible from surrounding areas and from the front of the unit. 14. Applicant shall comply with the City's Noise Ordinance. Construction activity shall be limited to the hours of 7:00 AM to 5:00 PM, Monday through Saturday. 15. The applicant shall submit final building plans which show well fitted, well weatherstripped, sound related assemblies. All window and door assemblies shall have a Sound Transmission Class (STC) necessary to reduce interior noise levels to 45db CNEL or below. PAGE ELEVEN - CITY COUNCIL MINUTES - FEBRUARY 27; 2001 16. Verification that the buildings comply with the City's 45 dba CNEL interior noise level requirement shall be submitted with the structural plans. This verification shall come from an acoustical engineer. 17. Meet all State handicap requirements. 18. All signage shall require issuance of a City Sign Permit. 19. No outdoor storage shall be allowed for any tenant. 20. No roof ladders shall be permitted. 21. Trailers utilized during construction shall be approved by Planning Division. 22. Applicant shall use a concrete tile roofing materials with a Class "A° fire rating. 23. All exterior downspouts shall be painted to match the building. 24. Forced air ventilation is required in all units. Wall mounted air conditioners shall not be used. 25. Any proposed mailboxes shall be located in decorative housings which incorporate similar materials, colors, and textures utilized on the main buildings. The area for the mailboxes should be of sufficient size to enable residents to pick up or deposit mail without having to encroach upon landscaping, walks or parking. Mailbox plans shall be submitted for approval prior to issuance of building permits, and shall be subject to the approval of the postal service and the Community Development Director or designee. 26. Trash enclosures shall be constructed pursuant to City standards. Enclosure walls shall be decorative bbck. In addition, decorative trellis work or approved screening shall be incorporated into the design of any enclosure located near those buildings having views of the enclosure, subject to the review and approval of the Community Development Director or designee. 27. All exposed slopes in excess of three feet in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. 28. Retaining walls in the planting area shall be decorative block. 29. The project's tot lot will be relocated to «'-° `~°-'-°°..° °-°° '°°°'°a °°°-' °..:,'':°° "T°. e an area a¢reed upon bv the Community Develoament Director and the aaulicant The tot lot will be fenced with wrought iron. Identification si¢ns and securit~ghtin¢ shall also be provided. Prior to Issuance of Gradinp Permit 30. The applicant shall prepare a photometric study for those light standards located in the proposed apartment complex. Said study shall ensure that parking lights will not disturb neighboring land uses and shall be approved by the Community Development Director or designee. 31. Prior to commencement of grading operations, the applicant shall provide a map of all proposed haul routes to be used for movement of dirt material. Such routes shall be subject to the review and approval of the City Engineer. A bond may be required to pay for damages to the public right-of-way, subject to the approval of the City Engineer. 32. Prior to issuance of grading permit, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. PAGE TWELVE -,CITY COUNCIL MINUTES - FEBRUARY 27, 2001 Prior to Issuance ofBui[ding Permii 33. The final landscaping/irrigation plan is to be reviewed and approved by the City°s Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check Fee will be charged prior to final landscape approeal based on the Consultant's fee plus 40 percent. • All planting areas shall have permanent and automatic sprinkler system with 100 percen4 plant and grass coverage using a combination of drip and conventional irrigation methods. • Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of 40 feet apart and at least 24-inch box in size. • All planting areas shall be separated from paved areas with a 6-inch high and 6-inch wide concrete curb. • Planting within 15 feet of ingress/egress points shall be no higher than 36 inches. • Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50 percent parking lot shading in 15 years. • Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. • The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip inigation system to be used to prevent excessive watering. • All landscape improvements shall be bonded 100 percent for material and labor for two years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years. • All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantingsin the Xeriscape concept, droughttolerant grasses and plants. • Final landscape plan must be consistent with the approved site plan. •~inal landscape plan must include planting and irrigation details. 34. Prior to the issuance of building permit the applicant shall pay the appropriate school fees to the Lake Elsinore Unified School District. 35. All mechanical and electrical equipment of the building shall be ground mounted. All outdoor ground or wall mounted utility equipment shall be consolidated in a central location and architecturally screened along with substantial landscaping, subject to the approval of the Community Development Director, prior to issuance of building permit. 36. Any security lighting located on-site shall be ornamental and shall be shown on building plans, subjecY to the approval of the Community Development Director or designee, prior to issuance of building permit. 37. Bicycle racks shall be provided at selected areas in the development. Placement, design and quantity shall be indicated on the final landscaping plan, and subject to the approval of the Community Development Direc4or or designee, prior to issuance of building permit. 38. Decorative paving shall be included at the drive entryways and shall be shown on building permit plans. PAGE THIRTEEN - CITY COUNCIL MINUTES , FEBRUARY' 27, 2001 39. The project perimeter shall be fenced with either decorative masonry block, wrought iron or a combination of the two. The height of perimeter walls/fences shall be between six and eight feet. A detailed fencing plan shall be submitted for the review and approval of the Community Development Director or designee prior to the issuance of building permit. 40. Submit a"Will Serve" letter from Southern California Edison stating that electrical service will be provided to the project. 41. The applicant shall enter into an agreement with the Redevelopment Agency to either provide affordable units in accordance with the provisions of the California Redevelopment Law, appropriate in-lieu-of fees, or a combination of both. 42. The applicant shall participate in a"Special Tax" or alternative Cost Recovery Program to ofFset the negative fiscal impacts of the project relating to public safety and maintenance/operations, including improvements, facilities and services for fire and police protection, drainage, roads, and other public improvements. The assessment shall be in such amount as determined by the "Special Tatc Formula" currently being prepared by Harris and Associates, but in any event, shall not exceed $175.00 per apartment unit per year. Prior to Issuance ofCertificate of'OccupancY 43. The applicant shall provide all project-related onsite and offsite improvements as described in the Elsinore City Center Specific Plan and Amendment No. 1 document. 44. All parking spaces shall be double-striped. - Prior to Issuance of Gradine Permit 45. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" mylar) shall be submitted to the Engineering Division before final inspection of off-site improvements will be scheduled and approved. 46. The applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to grading permit issuance. 47. If grading exceeds 50 cubic yards or the existing flow pattern is substantially modified, grading plans shall be prepared by a Cali£ Registered Civil Engineer and approved prior to grading permit issuance. Prior to any grading, the applicant shall obtain a grading permit and post appropriate security. 48. On-site drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 49. All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 50. Roofs should drain to a landscaped area whenever feasible. 51. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board far the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for car washing, application of herbicides, pesticides and irrigation. PAGE FOURTEEN - CITY COUNCIL MINUTES - FEBRUARY 27, 2001 Prior to Issuance of Building Permit 52. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 53. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Res. 85-26). 54. Submit a"Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to applying for a building permit. 55. Construct all public works improvements per approved street plans (LEMC Title 12). Plans must be approved and signed by the City Engineer prior to issuance of building permit (LEMC 1634). 56. Street improvement plans and specifications shall be prepared by a Cali£ Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 1634). 57. The applicant shall furnish a signing and striping plan for Grape Street, subject to the approval of the City Engineer. 58. The applicant shall obtain any necessary Caltrans permits and meet all Caltrans requirements. 59. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 60. Provide fire protection facilities as required in writing by Riverside County Fire. 61. Provide street lighting, show lighting improvements on street improvement plans, as required by the City Engineer. 62. Submit a Hydrology and Hydraulic Report for review and approval by City Engineer prior to issuance of building permits. Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. 63. Developer shall contribute $30,000 toward the design and construction of I-15 freeway and Railroad Canyon Road interchange improvements. This development will increase traffic at the interchange at least 1% and should contribute 1% toward construction. 64. Developer shall contribute $97,000 toward the design and construction of the traffic signal at Grape St. and the main entrance to Walmart as required under condition 45 for Parcel Map 27659. 65. All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the consiruction shall be disposed of at appropriate recycling centers. The applicant should contract with CR&R Inc. for recycling and storage container services, but the applicant may use the services of another recycling vendor. Another recycling vendor, other than CR&R Inc., cannot charge the applicant for bin rental or solid waste disposal. If the applicant is not using CR&R Inc. for recycling services and the recycling material is either sold or donated to another vendor, the applicant shall supply proof of debris disposal at a recycling center, including verification of tonnage by certified weighmaster tickets. Prior to Issuance of Certfrcate of Occunancv 66. Pay all fees and meet requirements of an encroachment permit issued by the Engineering Deparhnent for construction of off-site public works improvements (LEMC12.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. PAGE FIFTEEN - CITY COUNCIL MINUTES - FEBRiJARY 27, 2001 67. The noRherly driveway of the site shall be restricted to right-tum in and right-turn out movements only. - 68. The left-turn pocket for the median opening for the southerly driveway shall be constructed with 150 ft. of storage plus 90 ft. of transition. GENERAL CONDITIONS 69. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its officials, officers, employees, and agents from any claim, action, or proceeding against the City, its officials, officers, employees, or agents to attack, set aside, void, or annul an approval of the City, its advisory agencies, appeals boards, or legislative body concerning the 1992 Elsinore City Center Specific Plan; Elsinore City Center Specific Plan Amendment No. 1; General Plan Amendment 00-04; Design Review 00-02; and the Addendum to the 1992 Final City Center Specific Plan EIR, which action is brought within the time period provided for in California Government Code Sections 65009 and/or b6499.37, and Public Resources Code Section 21167. The City will promptly notify the applicant of any such claim, action, or proceeding against the City and will cooperate fully in the defense. If the City fails to promptly notify the applicant of any such claim, action, or proceeding, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 22. Tentative Tract Map 24213. Amendment No. 1"Forecast Homes". (F:160.2) Mayor Schiffner opened the public hearing at 7:40 p.m. - City Manager Watenpaugh indicated that this was part of the financial workout on Community Facilities District 88-3. Community Development Director Brady explained that this item involved a 38 acre parcel of land, south of Withrow Elementary School. He advised that the property would be resubdivided into 144 single-family lots and`one open space lot; and noted that the density would be 3.74 units per acre. He noted that there were minor modifications to the conditions at the Planning Commission meeting. He also noted that one resident spoke at the Planning Commission meeting with concerns regarding his views into the site; and clarified that the applicant would be developing one and two story models with the views being addressed by plotting and the placement of the homes. Mayor Schiffner asked those persons interested in this item to speak. The following person spoke: Brian Spillman, representing Forecast Homes, indicated that it had been a pleasure to work with the City's staff, and they were looking forward to `, proceeding with the project and being part of the community. Councilman Pape reiterated that this was another step in the workout process; and it was now moving forward to develop the area. He noted that those properties would now be paying taxes; and indicated that it looked like a quality project with good homes. Councilwoman Kelley concurred and indicated that she was glad to have the development in tFie City and see the last piece of the financial workout. PAGE SIXTEEN.,- CITY COUNCIL MINUTES - FEBRUARY 27, 2001 Mayor Schiffner indicated it looked like a fine project, and would be taking care of an area in need of improvement. Mayor Pro Tem Brinley questioned if the viewshed issues had been resolved. Community Development Director Brady indicated that the applicant and staff would work on the plotting and placement of the homes to address the viewshed issues. He clarified that there were no recorded view easements, but attempts would be made to work with the adjacent property owners. Hearing no additional requests to speak, the public hearing was closed at 7:45 p.m. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNAlVIMOUS VOTE OF THOSE PRESENT TO APPROVE TEN'd'ATdV~ TRACT MAP 24213, AMENDMENT NO. 1, BASED ON THE FOLLOWING FINDINGS AND EXHIBIT "A", AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. FINDINGS 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). 2. The effects this project is likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. 3. The design of the subdivision provides to the greatest extent possible, for future passive or natural heating or cooling opporlunities in the subdivision. (Governmental Code Section 66412.3) CONDITIONS OF APPROVAL PLANNING DIVISION 1. Tentative Tract Map No. 24213, Amendment No. 1 will expire two (2) years from date of approval unless within that period of time a final map has been filed and recorded with the County Recorder, or an extension of time is granted by the City of La1ce Elsinore City Council in accordance with the Subdivision Map Act. Additional extensions of time (thirty-six months maximum per the Subdivision Map Act) may be granted per City , Council approvaL 2. Tentative Tract Map No. 24213, Amendment No. 1 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 3. Developer of this subdivision sha11 comply with all applicable mitigation measures established within the Mitigation Monitoring Program for Final Environmental Impact Report No. 88-2 (West-End Elsinore). PAGE SEVENTEEN -.CITY COiTNCIL MINUTES i- FEBRUARY 27, 2001 4. The applicant shall sign and complete an"Acknowledgement of Conditions" and shall retum the executed original to the Community Development Deparhnent, Planning Division. 5. The applicant sha11 defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Off'icial, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the T"1'M No. 24213, Amendment No. 1, which action is bought witlun the time period provided for in California Govemment Code Sections 65009 and/or 6649937, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. PRIOR TO FINAL TRACT MAP 6. Prior to Final Tract Map approval by the City Council, all lots within this subdivision shall conform to the standards of the R-1 Zoning, Section 17.23 (Single-Family Residential Zoning) of the LEMC. Prior to Final Map approval, the Final Map sha11 be in compliance with approved Tentative Tract Map No. 24213, Amendment No. 1 as stamped approved by the Planning Division. 8. A precise survey with closures for boundaries and all lots shall be provided per LEMC. 9. Street names within the subdivision shall be approved by the Planning Division. fl 0. The applicant shall comply with all requirements of the Riverside County Fire Department. 11. The applicant shall comply with all requiremenfs of Elsinore Valley Municipal Water District (EVMWD). 12. The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacenf property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 13. Meet all requirements of Southern California Edison Company. In addition, the developer shall submit plans to Southern California Edison for a layout of the street lighting system. PRIOR TO ISSUANCE OF GRADING PERMIT 14. The City's Noise Ordinance shall be met during all on site preparation activity. Construction shall not commence before 7:00 a.m. and cease at 7:00 p.m., Monday through Friday. Constnxction activity shall not take place on Sunday, or any legal holidays. 15. Any alterations to the topography, ground surface, or any other site preparation activity will require the appropriate City permits from the Engineering Division. A Geologic Soils Report with associated recommendations will be required for all grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the City Engineer. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one year for erosion control landscaping at the time the site is rough graded. PAGE EIGHTEEN - CITY COUNCIL MINUTES - FEBRUARY 27, 2001 PRIOR TO ISSUANCE OF BUILDING PERMITS 16. The applicant shall comply with all laws including the payment of fees based on State Law Requirements. 17. All development associated with this subdivision requires sepazate Design Review consideration and approval by the Planning Commission in accordance with Section 17.82 of the LEMC prior to building permit. 18. House plotting, azchitectural drawings, floor plans, landscaping and fencing shall require Design Review approval prior to issuance of building permits. All standards of development and procedural steps in effect at the Design Review submittal shall apply for this project. The plotting of houses shall reasonably minimize visual access to existing properties. 19. All interior fencing sha11 be approved subject to Section 17.14.130.D of the Lake Elsinore Municipal Code. A Fencing Plan shall be submitted to the Planning Division for review and approval aY the discretion of the Community Development Director, that designates where vazious types of fencing are to be located prior to issuing of building permit. Tract perimeter fencing shall be pursuant to Section 17.48.080 of the LEMC. 20. All trailers and/or mobile homes used during construction, mailboxes and signage shall be subject to Planning Division review and approval prior to installation. All trailers and/or mobile homes used during construction shall require a cash bond to guazantee proper removal. 21. The applicant shall pay all applicable City fees in force at the time, (including park in lieu fees), prior to the issuance of building permits. PRIOR TO CERTIFICATE OF OCCUPANCY 22. Slopes on individual lots in excess of three-feet in height shall be installed, landscaped and irrigated by the developer. These slopes shall be maintained by Individual Home Owners. 23. The applicant shall meet all the requirements of the serving gas utility 24. The applicant shall meet a11 the requirements of the serving telephone utility. 25. Lot "A" shall be fenced with decorative block walls and wrought iron gates consistent with approved design to the satisfaction of the Community Development Director prior to occupancy of adjacent lot. ENGINEERING DIVISION 26. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval or construction of model homes. 27. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26). 28. Submit a"Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer anangements have been made for this project. Submit this letter prior to €x~xia~te~a~ issuance of grading permit. 29. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer priar to conshuction of the model homes (LEMC 1634). P~.GE NINE'~EEN - CITY COUNCIL MINUTES - FEBRUARY 27, 2001 30. Street improvement plans and specifications shall be prepazed by a Cali£ Registered Civil Engineer. Improvements shall be designed and constnxcted to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 1634). 31. Applicant shall enter into an agreement with the City for the conshuction of public works improvements and shall post the appropriate bonds prior to final map approval. The bond amounts shall be 140% of the engineer's estimate. 32. Desirable design grade for local streets should not exceed 9%. The maximum grade of 15% should only be used because of design constraints. 33. Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83- 78). 34. All compaction reports, grade certifications, monument certifications (with 4~e notes delineated on 8'/z' x 11 ° Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 35. The applicant shall install 2 permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 36. Applicant sha11 obtain all necessary off-site easements for ofF site grading from the adjacent property owners prior to `~~~~te~ issuance ofgrading permit. 37. Provide fire protection facilities as required in writing by Riverside County Fire. 38. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 39. Developer sha11 install blue reflective pavement mazkers in the street at all fire hydrant locations. 40. Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to construction of the model homes. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the tract. 41. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant sha11 submit tapes and/or discs which are compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. 42. All utilities except electrical over 12 kV sha11 be placed underground, as approved by the serving utility. 43.If grading exceeds 50 cubic yards, grading plans shall be prepared by a Cali£ Registered Civil Engineer and approved prior to grading pernut issuance. Prior to any grading, the applicant shall obtain a grading perxnit and post appropriate security. 44. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 45. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefacrion zones present on-site. PAGE TWENTY.- CITY COUNCIL MINUTES - FEBRUARY27, 2001 46. AIl grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 47. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 48. On-site drainage facilities located outside of road right-of-way should be contained within drainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions". 49. All natural drainage trauersing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 50. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to constnxction of the model homes. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 51. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 52. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil sha11 be approved by the City Engineer. 53. Roof and yard drains will not be allowed to outlet through cuts in the street curb. 54. 10 year storm runoff should be contained within the curb and the 100 year storm runoff should be contained within the street right-of-way. When either of these criteria are exceeded, drainage facilities shall be installed. 55. The detention basin in Lot A shall be enclosed by a block wall and haue an access for maintenance to be approved by the City Engineer. 56. Applicant shall provide the city with proof that the grading plan has been approved by the Regional Water Quality Control Boazd for the National Pollutant Dischazge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction that describes BMP's tha4 will be implemented by the residents and what storm drain facilities will be owned and maintained by the City. 57. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 58. Intersection site distance sha11 meet the design criteria of the CALTRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance can be obshucted, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. 59. Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered civil engineer. 60. Local streets sha11 have sixty (60) ft. right-of -way with forty (40) ft. curb-to-cwb. Restricted local streets (cul-de-sacs) shall have fifiy (50) ft. right-of-way with thirty-six (36) ft. curb-to- PAGE TWENTY-ONE'- CITY COUNCIL MINUTES - FEBRUARY 7, 2001 curb and a three (3) ft. utility easement on each side. 61. Access to Grand Avenue may be allowed during construction but the temporary access design must be approved by the City Engineer and Riverside Counry Road Department. The temporary access must be removed and Rocking Horse Court musfend as a standard cul-de- sac prior to occupancy of the model homes. 62. No residential lot shall front and access shall be restricted on Grand Avenue and so noted on the final map. 63. All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and gnxbbing or other phases of the construction shall be disposed of at appropriate recycling centers. The applicant should contract with CR&R Inc. for recycling and starage container services, but the applicant may use the services of another recycling vendor. Another recycling vendor; other than CR&R Inc.; cannot charge the applicant for bin rental or solid waste disposal. If the applicant is not using CR&R Inc. for recycling services and the recycling material is either sold or donated to another vendor, the applicant shall supply proof of debris disposal at a recycling center, including verification of tonnage by certified weight-master tickets. 31. Second Reading - Ordinance No. 1072 - Forecast Group Development Aereement. (F:68.1) MOVED BY PAPE, SECONDED BY KELLEY TO ADOPT ORDINANCE N0:1072, UPON SECOND READING BY TITLE ONLY: ORDINANCE N0.1072 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING THE FIRST.AMENDMENT TO DEVELOPMENT AGREEMENT BYAND BETWEEN THE CITY OF LAKE ELSINORE AND MARINITA DEVELOPMENT COMPANY (FORECAST GROUP, LP). UPON THE FOLLOWING ROLL CALL VOTE: AYES: COiTNCILMEMBERS: BRINLEY, KELLEY, PAPE, SCHIFFNER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: METZE ASSTEIIN: COUNCILMEMBERS: NONE 32. Final A~proval of Tract Map 24213. (F:160.2) City Nlanager Watenpaugh reiterated that this Tract, located below Withrow School, was the final requirement for the financial workout. PAGE TWENTY-~'WO-CITY COUNCIL MINUTES-FEBRUARY 27, 2001 MOVED BY PAPE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE FINAL MAP, $UBJECT TO THE CITY ENGINEER'S ACCEPTANCE AND ACCEPT ALL DEDICATIONS AT TIME OF RECORDATION; AUTHORIZE THE CITY CLERK TO SIGN AND RECORD THE MAP; AND AUTHORIZE THE CITY CLERK TO SIGN AND OBTAIN THE SIGNATURE OF THE MAYOR ON THE AGREEMENT FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS. 33. Riverside Count,~ydroelectric Pumped Stora,ge Committee. (F:140.1)(X:59.1) City Manager Watenpaugh explained this request, noting the previously formed Enron Committee; and explained that Supervisor Buster had requested formation of a separate committee. He advised that Enron had agreed to put their committee on hold and cooperate with the County to get input on the proposed project and its impacts on the community, as well as the power transmission lines. He further advised that the Committee had been revised and included 17 representatives and detailed the participants. He noted that the City Council had already appointed five members to the Enron Committee and two to Supervisor Buster's Committee, but the Supervisor has requested the appointment of one additional member to his Committee. Councilman Pape expressed concern that the County committee has three City representatives out of 17 members, and one of the nine representatives on the Technical Advisory Committee. He commented that the Supervisor's Committee was heavily weighted. He commented that the City had already appointed five people to the Enron Committee and he was somewhat concerned that the City did not have too much control over its future and destiny. He suggested the formation of a Mayor's Committee to review the impacts of the project on Lake Elsinore specifically, since it could have a huge impact on the Lake. He further suggested that this would be an appropriate and important issue for the community to get involved in; and indicated that it would help to get additional input on this project. He commented that it was just as important an issue as palm trees. Councilwoman Kelley disagreed with Councilman Pape, noting that having lateral committees operating was causing an uproar already. She noted that the Mayor and Mayor Pro Tem met with Supervisor Buster and through negotiations came up with this proposal. She suggested that another committee would send a mixed message and suggested alternatively that the Council support their three appointed representatives. She fiirther suggested that if the City issues are thoroughly reviewed with the City representatives, they can provide updates and keep aware of concerns. She indicated that if that doesn't work, she might agree with establishing a Mayor's Committee. Mayor Pro Tem Brinley questioned City Manager Watenpaugh with regard to Enron dealing with the City on its own. City Manager Watenpaugh indicated that it was his understanding that they would need community PAGE TWENTY-THREE-CITY COUNCIL MINUTES-FEBRUARY•27, 2001 -', input and local agency support under the federal requirements. He pointed out that it might be a little premature to discuss, since a number of issues need to be addressed in the CEQA process. He indicated that there had been a lot of discussion on something with limited inforxnation at this time. Mayor Pro Tem Brinley commented that Supervisor Buster was concerned with the City°s issues and concerns, and concurred that it was important to put the City°s confidence in the three appointed representatives. She suggested that if the City's issues were not given serious consideration, she would see coming back to form a Mayor's Committee; but he would like to give the community a chance for input at this point. She suggested that the committee representatives give Council updated reports and keep them apprised on the project. City Manager Watenpaugh commented on the suggestion for a Mayor's Committee, and noted that some time in the near future, the Council will need to address how far to go with WRCOG, in looking at local energy. ~Ie noted that WRCOG would be moving forward and looking toward an RFQ. He fizrther noted that other cities were looking toward building their oum small energy plants, and noted the legislation coming forward in the near future. He indicated that staff would be needing direction in the next month. Mayor Schiffner suggested a study session to address this matter and the potential need for a committee. Councilman Pape noted the comment regarding lateral committees, and indicated that he had not formed an opinion either way on this project. He stressed that it was a private project with the water district, and suggested getting f ve additional people to participate in the information gathering process, and suggested the focus of a Mayor's Committee would be different. Mayor Schiffner recommended a study session on the issue of forming a committee, but indicated that he did not feel it was necessary at this time to vary from the proposed plan. He suggested giving the Supervisor's committee the opportunity to function and participate, unless it is shown that there is not adequate representation. He suggested the need for a forum to discuss the committee proposal. Mayor Schiffner recommended appointment of Donna Niehouse as the third representative to the Supervisor's Committee. MOVED BY KELLEY, SECONDED BY BRINLEY AND CARRIED BY iJNANIMOU5 VOTE OF THOSE PRESENT TO APPOINT DONNA NIEHOUSE TO THE RIVERSIDE COUNTY HYDROELECTRIC PBJMPED STORAGE COMMITTEE. TAE CITY COUNCIL MEETING WAS RECESSED AT 8:04 P.M. PAGE TWENTY-FOUR-CITY COUNCIL MINLTTES-FEBRUARY 27, 2001 THE CITY COUNCIL MEETING RECONVENED AT 8:07 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Mayor Schiffner noted that at the last meeting he exercised his option to allow citizens to speak for a longer period of time; however for tonight and in the future he will return to the three minute limitation as set and enforced in most jurisdictions. Joyce Allen, invited the public to an Art Reception for the "Jewel in the Lotus" exhibit at Bella Art Gallery on Saturday from 11 a.m. to 1 p.m. She detailed the exhibit and the background of the artist. She noted that the Exhibit would run through March 28`~'. Kathy Beck, 381 Avenue 12, discussed traffic and parking issues on Casino drive across from the car dealerships. She noted that the dealership employees park in the dirt lot, and residents had signed a petition to have them removed. She questioned if they had parking permits for that location and stressed the hazard the parking creates. She indicated that she had spoken with Community Development I~irectar Brady and the managers of both dealerships. She also expressed concern with semi-trucks parking in the turn lane to unload and noted a recent accident on Casino Drive. She presented a letter and photos of the situation and requested that the Council address the problem. Chris Hyland, 15191 Wavecrest, commended City Manager Watenpaugh for bringing an issue to the Council with regard to the need for a CFD of $350/year for new houses being built, without impacting e~sting homeowners. She noted that 1Vlayor Schiffner went further to detail the per year costs. She supported this action and suggested that the residents had been victims of discount development. She further suggested that the City Council and their predecessors approved homes being built in deficit; and complicated it with things like the Stadium, DMV fees and Walmart. She commended Mayor Schiffner and City Manager Watenpaugh for tfieir comments; and commended Administrative Services Director Boone on his efforts, noting that if elected she would support such a CFD. Peter Dawson, 18010 Grand Avenue, noted that he had heard for 12 years that as the watershed was taken up by construction there would be more water in the Lake. He noted that above normal rainfall had been received and yet the Lake was only up about five inches. He indicated that as of the last Council meeting the Canyon Lake Dam was four feet from overflow, but suggested that the rainfall had resulted in irregular changes in Canyon Lake. He suggested that something else was occurring and cautioned the Council about the figures presented. He suggested that the Water District officials needed to be reminded that they work for the community and need to participate in frank discussions. He indicated that the Canyon Lake water level at 8 a.m. this date was six inches below the rim and expressed belief that it should overflow tonight. He indicated that EVMWD should not divert or restrict the flow at this time, allowing the Lake to receive the full flow potential. He indicated that Lake Elsinore deserves and needs the water, PAGE TWENTY-FIVE-CITY COUNCIL MINUTES - FEBRUARY 27, 2001 and encouraged the community to stick together on this issue. Tammy Walsh, representing the Chamber of Commerce Connections EDC, e~ended and invitation to the Council and public to attend the March EDC meeting at the Diamond, on March 8`t' from 1130 a.m. to 1 p.m. She recommended that interested parties RSVP to the Chamber Office by Tuesday, March 6`t'. She noted that the cost was $12 per person for the lunch. She advised that thre would be a five member panel addressing the topic of energy at this meeting. She encouraged attendance. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1) Addressed Ms. Beck about the traffic issue on Casino, and indicated he would be happy to set up a meeting to address the issues with the auto dealers, and bring an update back to the Council. 2) Expressed appreciation to Ms. Hyland for her comments, but clarified that property taxes contribute $1 million to the general fund, while sales taxes generate $4 million. He explained the services funded by the General Fund and noted that sales tax was contributing 3/4's of the cost of public safety. 3) Reminded the community of the budget review on Thursday, March ls` from 3 to 5 p.m.; and reiterated that property taxes don't contribute a lot to the General Fund. 4) Addressed the water issue and noted that both the City and Water District were very concerned. He noted that staff s of both agencies were meeting regularly and working together to identify water sources and supplies, and address the Tilley Agreement and the Fill and Operate Agreement. He noted that there would be differences of opinion, but stressed that both agencies were staying on top of the issue. 5) Addressed the comments regarding Walmart and clarified that it is a common practice for cities to reimburse major developments for infrastructure on a proportional basis from the funds generated. He indicated that Walmart had received reimbursement of a little more than $1.1 million, and they had generated about $1.8 million for the City. He suggested that without the agreement the revenue would not be coming in, and there would not be infrastructure or traffic signals in place. He stressed that the sales tax reimbursements were to pay for public infrastructure., and indicated it was still a good program for the City. He indicated that the auto dealer reimbursements would be paid off this year, and more auto dealers and agreements would even help the City more. PAGE ~'WENTY-SIX-CITY COUNCIL MINUTES- FEBRUARY 27, 2001 6) Acknowledge the Masonic Lodge for honoring the local Police Department and Officers. CITY ATTORNEY COMMENTS City Attorney Leibold announced the Closed Session item as listed on the Agenda and noted that it was the same case for the City Council and Redevelopment Agency. CITY COUNCIL COMMENTS Councilman Pape commented on the following: 1) Agreed with Mr. Dawson that it was good news that water was six inches from spilling over the dam and noted that the water is very needed. He indicated that he recently heard that the District was planning to start pumping drinking water before the summer, and suggested that staff should follow-up on that issue. He stressed the need to track that, as a factor in the Tilley Agreement. Councilwoman Kelley had no comments. Mayor Pro Tem Brinley commented on the following: 1) Congratulated Chief Walsh on the awards and recognition received by his department; and noted that she and Councilwoman Kelley were honored at the CLEAR awards last month. She expressed thanks for that award, and thanked Chief Walsh for the Department's service to the Community. Mayor Schiffner commented on the following: 1) Congratulated the Sheriffs Department and noted that he attended the awards ceremony; and stressed the outstanding individuals in that organization. He noted that it was an enjoyable event, particularly with the award to the boy who raised funds for Cops for Kids; noting he was one of Councilwoman Kelley's students. ~~~ ° 2) Noted upcoming events including: Opening Day for Lake Elsinore Little League and Girls Softball at 9 a.m. on Saturday, March 3`a, with Little League at McVicker Park and Girls Softball at Tuscany Hills Park; Canyon Lake Wakeboard Competition on March 3`a Open Air Market - Downtown from 8 a.m. to 3 p.m. on MarCh 3rd PAGE TWENTY-SEVEN-CITY COUNCIL MINUTES-FEBRUARY 27, 2001 Jet Ski Races on March 10'~. 3) Announced that the new Community Services Brochure was being distributed. 4) Wished everyone a good night. CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision ( a) of Government Code § 54956.9) California Bank & Trust v. City of Lake Elsinore et al (Riverside County Superior Court Case #344190) (F:52.2) THE CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION FOR JOINT DISCUSSION OF THE ABOVE LISTED ITEM WITH THE REDEVELOPMENT AGENCY AT 8:31 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9:00 P.M., WITH NO REPORTABLE ACTION. ADJOURNMENT MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9:01 P.M. ROBERT L. SCHIFFNE , MAYOR CITY OF LAKE ELSIN RE CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE