The URL can be used to link to this page

Home My WebLink About09/11/07 CC ReportsPage 1— City Council Agenda — September 11, 2007 CITY OF LAKE ELSINORE CITY COUNCIL AGENDA ROBERT E BOB MAGEE MAYOR W W W LAKE- ELSINORE ORG DARYL HICKMAN MAYOR PRO TEM THOMAS BUCKLEY COUNCILMEMBER GENIE KELLEY COUNCILMEMBER ROBERT SCHIFFNER, COUNCILMEMBER ROBERT A BRADY CITY MANAGER (951) 674 3124 PHONE (951) 674 2392 FAX LAKE ELSINORE CULTURAL CENTER 183 NORTH MAIN STREET LAKE ELSINORE CA 92530 �e 9e aY de * *de *ie aF de *de dt �'t 9t eY* 9t 9r *9t �Y:tR�Y 9: *9r *de �Y *de a4 de *de 4e 9e eY 4e eF eF 9r * *9r �F �F 9t �Y �Y* *RAF �t 9t �F �Y TUESDAY, SEPTEMBER 11, 2007 — CLOSED SESSION AT 5 00 P M PUBLIC SESSION AT 7 00 P M If you are attending this City Council Meeting please park in the Parking Lot across the street from the Cultural Center This will assist us in limiting the impact of meetings on the Downtown Business District Thank you for your cooperation I In compliance with the Americans with Disabilities Act, any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the City Clerk's Office at (951) 674 -3124, ext 261 at least 48 hours before the meeting Notification 48 hours prior to a meeting will generally enable City staff to make reasonable arrangements to ensure accessibility (28 CFR 35102, 35104 ADA Title II) CALL TO ORDER ROLL CALL CLOSED SESSION A CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION — Subdivision (a) of Gov t Code § 54956 9 Trujillo et al v City of Lake Elsinore Riverside Superior Court Case # 456750 RECONVENE IN PUBLIC SESSION (7 00 P M) Page 2 — City Council Agenda — September 11, 2007 PLEDGE OF ALLEGIANCE INVOCATION — MOMENT OF SILENT PRAYER ROLL CALL PRESENTATIONS /CEREMONIALS CLOSED SESSION REPORT PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE (Please read & complete a Speaker's Form at the Podium prior to the Start of the City Council Meeting) PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES (Please read & complete a Speaker's Form at the Podium, prior to the Start of the City Council Meeting The Mayor will call on you to speak, when your item is called ) CONSENT CALENDAR (All matters on the Consent Calendar are approved on one motion, unless a Councilmember or any member of the public requests separate action on a specific item ) Warrant List — August 31, 2007 RECOMMENDATION Ratify 2 Claim against the City RECOMMENDATION Reject claim for AAA (Subro Scott Johnson CL # 2007 -9) 3 Reorganization of Engineering Staff RECOMMENDATION Approve the proposed changes to the fob classifications and corresponding salary 4 Railroad Canyon Road/I -15 Interchange Update Page 3 — City Council Agenda — September 11, 2007 7 RECOMMENDATION Alan Street Drainage Update RECOMMENDATION Receive and File Receive and File Extension of Time for Tentative Tract Map No 33370 for Condominium Purposes RECOMMENDATION Adopt Resolution No 2007 -166 approving the request for an Extension of Time for Tentative Tract Map No 33370 for Condominium Purposes for Thirty-six (36) months or October 11, 2010 as allowed by the LEMC, based on the Findings, Exhibits and the revised Conditions of Approval attached Hewlett- Packard Universal Server Racks Purchase RECOMMENDATION Authorize the City Manager to approve the purchase of the Hewlett- Packard Universal Racks for the Information Technology Division Notice of Termination of Agreement for Drainage Encumbrance RECOMMENDATION PUBLIC HEARING I None I Authorize the Mayor to sign the Notice of Termination of Drainage Encumbrance in such final form as approved by the City Attorney for recordation in the official land records of Riverside County Page 4 — City Council Agenda — September 11, 2007 BUSINESS ITEMS None PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES (Please read & complete a Speaker's Form at the Podium prior to the Start of the City Council Meeting) CITY MANAGER COMMENTS CITY ATTORNEY COMMENTS COMMITTEE REPORTS CITY TREASURER COMMENTS CITY COUNCIL COMMENTS ADJOURNMENT AUGUST 31 2007 CITY OF ]LAKE ELSINORE WARRANT SUMMARY FUND# FUND DESCRIPTION TOTAL 100 _ GENERAL FUND $ 1 583 010 15 105 MISCELLANEOUS GENERAL PROJECT FUND 136 953 03 110 STATE GAS TAX FUND 41822- 112 TRANSPORTATION MEASURE A FUND 37 427 57 118 LAKE SIDE FACILITIES DIFF FUND 15 469 85 130 LIGHTING /LANDSCAPE MAINTENANCE FUND 21 552 45 135 L L M D N01 FUND 1 048 84 204 SIGNAL C I P FUND 29739 205 TRAFFIC IMPACT FEE FUND 16729 211 STORM DRAIN C I P FUND 35625 221 PARK C I P FUND 2 000 00 231 352 A D 86 1 DEBT SERVICE FUND 294 414 10 373 C F D 2005 5 WASSON CANYON DEBT SERVICE FUND 17 250 00 608 TRUST DEPOSIT & PRE PAID EXPENSE FUND 2 500 00 652 C F D 2007 GRAND TOTAL 8/3012007 Warrant 083107 1 of 1 $ 2 293 956 35 AGENDA ITEM NO PAGE l OF C AUGUST 31 2007 CITY OF LAKE ELSIN ®RE WARRANT LIST CHECK# VENDOR NAME AMOUNT 91768 COUNTY CLERK OF RIVERSIDE COUNTY $ 6400 91974 STATE COMPENSATION INSURANCE FUND 21 535 19 91975 ICMA RETIREMENT TRUST 4 014 00 91976 UNION BANK OF CALIFORNIA 45 141 34 91977 UNION BANK OF CALIFORNIA 294 414 10 91979 VOID 000 91980 91981 A & A JANITORIAL SERVICE 3 527 75 91982 ADVENTURES IN ADVERTISING 64482 91983 MIGUEL AGUILAR 71650 91984 ALBERTO V BUSTOS APPRAISAL CA COMPANY 50000 91985 ALL PHASE REFRIGERATION & AIR CONDITIONING INC 2 157 59 91986 ALLIED TRAFFIC EQUIPMENT 1 85707 91987 AMERICAN EXPRESS 14058 91988 ANIMAL FRIENDS OF THE VALLEY 7 500 00 91989 APPLE ONE EMPLOYMENT SERVICES 4 554 24 91990 ARTISAN GOLDSMITHS & AWARDS 11254 91991 BEN CLARK PUBLIC SAFETY 15100 91992 BEN MEADOWS COMPANY INC 7496 91993 BOARD OF EQUALIZATION 2 000 00 91994 DAWN AND KEVIN BOWEN 24 400 00 91995 BUNDY CANYON TURF SUPPLY 1 295 79 91996 CALIFORNIA BUILDING OFFICIALS 1 51500 91997 STATE OF CALIFORNIA DEPARTMENT OF JUSTICE 56000 91998 CALOLYMPIC GLOVE & SAFETY CO 43227 91999 CANON FINANCIAL SERVICES INC 1 72093 92000 CITICORP VENDOR FINANCE INC 85013 PoWl 92002 92003 92004 COMMON CENTS EMS SUPPLY L L C 29200 92005 COMTRONIX OF HEMET 14051 29634 yGUU/ IVKI A LUUKY 0t)U493 92008 CUTTING EDGE STAFFING INC 3 351 00 92009 D & S ELECTRIC 4 813 00 92010 D & S SALES 7274 92011 DAPEER ROSENBILT & LITVAK L L P 417958 92012 DELTA SERVICES 1875 92013 DISCOUNT FENCE SUPPLY INC 32238 1 /y /l 2 635 05 5 373 68 45 947 27 62444 1 191 38 92036 EMKAY INC 89856 92037 EMPIRE ECONOMICS INC 17 250 00 92038 ENTERPRISE PROPERTIES L P 1 28800 92039 ENVIRONMENTAL CLEANING 5 483 83 92040 92044 FEDERAL EXPRESS CORPORATION 99796 AGENDA ITEM NO 8/30/2007 Warrant 083107 1 OF 4 PAGE_ ,x OFD_ AUGUST 31 2007 CITY OF LAKE ELSINORE WARRANT LIST CHECK# VENDOR NAME AMOUNT 92046 FILARSKY & WATT L L P 82500 92047 FIRST AMERICAN REAL ESTATE SOLUTION 39715 92048 PAT GALVIN 1 14100 92049 GBC CONCRETE 9000 92050 THE GRAPHICS COMPANY 1 700 00 92051 GREENSCAPE LANDSCAPE INC 43675 92052 LORENA HANCOCK 7500 92053 HARDY & HARPER INC 25 652 80 92054 -92055 HDR ENGINEERING INC 104 137 81 92056 ZOYLA HEREDIA 50000 92057 HI WAY SAFETY INC 1 57073 92058 HUNTINGTON BEACH HONDA 21511 92059 IDVILLE 9875 92060 INLAND EMPIRE LOCK & KEY 2640 92061 J K BOBCAT SERVICES 6 500 00 92062 JOHN DEERE LANDSCAPES 1 833 66 92063 JOHN LAING HOMES 3 612 32 92064 ERIC JOHNSTON 5000 92065 JONES & STOKES 24 522 53 90266 KEM PRO INDUSTRIAL SUPPLY COMPANY 50580 92067 KIRSTEN KING 31500 92068 KOBATA & ASSOCIATES INC 4 000 00 92069 LAKE BUICK PONTIAC GMC INC 14986 92070 LAKE ELSINORE STORM 3 381 00 92071 LAKE ELSINORE TIRE & AUTO INC 26210 92072 LAKESHORE HOMES & DEVELOPMENT INC 6 047 00 92073 PRECIOUS LEE 46500 92074 LENNAR HOMES 1 000 00 92075 LIBRARY SYSTEMS & SERVICES L L C 16 298 77 92076 LINKLINE COMMUNICATIONS INC 5500 92077 SANDRA MASSA LAVITT 2 295 00 92078 MATTHEW FAGAN CONSULTING SERVICES 1 721 16 92079 LINDA M MILLER 5 287 50 92080 MORROW PLUMBING INC 33877 92081 BIANCA NEGRETE 8000 92082 NEXTEL COMMUNICATIONS 1 905 75 92083 GEORGE WAYNE NICHOLS 1 827 75 92084 NOBLE CONSULTANTS INC 65 577 00 92085 NUMARA SOFTWARE INC 7500 92086 OCB REPROGRAPHICS 40506 92087 ON TRAX INC /b 00 92088 PACIFIC PRODUCTS & SERVICES 1 19727 92089 PACIFIC TRUCK EQUIPMENT INC 3 974 94 92090 MARLENE PALTZA 24361 92091 PARDEE HOMES 1 000 00 92092 92093 PETTY CASH 60529 92094 PLANNING CONSORTIUM INC 2 704 25 AND MABEL A 92096 PREMIUM PALOMAR MT SPRING WATER 53085 92097 PRESS ENTERPRISE 16537 92098 92100 THE PRESS ENTERPRISE 8 207 40 92101 92102 PROJECT AGENDA ITEM NO 8/30/2007 Warrant 083107 2 OF 4 PAGE_ ? OF AUGUST 31 2007 CITY OF LAKE ELSINORE WARRANT LIST CHECK# VENDOR NAME AMOUNT 92103 92104 PRUDENTIAL OVERALL SUPPLY 35175 KARE INC GROWERS 92107 QUILL CORPORATION 27059 82108 REBEL RENTS INC 88481 82109 LUDA RECHISFER 4000 92110 REDEVELOPMENT AGENCY 37 153 87 62750 92113 RIGHTWAY SITE SERVICES INC 1 463 42 92114 RIVERSIDE LOCAL AGENCY FORMATION 69920 92115 ROLYAN BUOYS 1 996 61 92116 ANTHONY ROMERO 20000 92117 SO S SURVIVAL PRODUCTS 31470 92118 SAFETY KLEEN SERVICES INC 21248 92119 92120 SC SIGNS 1 890 00 92121 SHARE CORP 41523 92122 SIERRA INSTALLATIONS INC 1 59000 92123 AL SIGEA 5000 92124 DAVID S SOLOMON 3 705 00 92125 SOUTHCOAST STRIPING 11 204 77 WlylZ f YiRk�Y�llj�pl� :7�[N_lUY�7:7�1 /_ \��16Y�LIl 92135 SPRINT 16110 92136 SPX SERVICE SOLUTIONS 465544 92137 92138 STAPLES BUSINESS ADVANTAGE 2 652 28 92139 STAPLES CREDIT PLAN 56032 92140 STAUFFERS LAWN EQUIPMENT 30367 92141 BOB STOVER INC 5 520 00 92142 TARGET SPECIALTY PRODUCTS 4000 10:71C34 IM:j :m W 10C/ 92144 TEMECULA COPIERS 29632 92145 TICOR TITLE COMPANY 30000 92146 TIME WARNER CABLE 3805 92149 TUSCANY HILLS LANDSCAPE & REC CO 8807 92150 UNITED PARCEL SERVICE 15512 92151 UNITED TRAFFIC SERVICES & SUPPLY 53260 92152 92155 VERIZON CALIFORNIA INC 3 410 34 92156 VERIZON /MCI 2 646 81 92157 VILLAGE EQUIPMENT RENTALS INC 85450 92158 KY ANH VO AKA TOM VO JR 85125 92159 WAL MART COMMUNITY 5412 92160 WEST COAST SERVICES WINDOW CLEANING 45000 92161 WESTERN HIGHWAY PRODUCTS INC 123419 92162 92163 92164 92165 TOTAL $107405905 AGENDA ITEM NO 8130/2007 Warrant 083107 3 OF 4 PAGE � OF C AUGUST 31 2007 CITY OF LAKE ELSINORE WARRANT LIST CHECK# VENDOR NAME AMOUNT P/E DATE 08/17/07 PAYROLL CASH $ 152 936 83 08/17/07 PAYROLL TAXES 60 440 95 08/17/07 PAYROLL CASH 52078 08/17/07 PAYROLL TAXES 40202 08/17/07 PAYROLL CASH 30475 08/31/07 UNION BANK OF CALIFORNIA 958 125 00 GRAND TOTAL $229395635 8/30/2007 Warrant 083107 4 OF 4 AGENDA ITEM NO PAGE -- 5 CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT A BRADY, CITY MANAGER DATE September 11, 2007 SUBJECT CLAIM AGAINST THE CITY BACKGROUND Claims filed against the City of Lake Elsinore are reviewed and handled by Carl Warren & Company, Claims Administrators When received, each claim is logged in the City Clerk's Office and forwarded to this company for investigation After initial review and investigation, direction is issued to the City to take one of several actions such as refection notification of late claim or reservation of action until further information is obtained DISCUSSION The following claim has been recommended for refection by Carl Warren & Company CL# 2007 9 — AAA (Subro Scott Johnson) FISCAL IMPACT None RECOMMENDATION Reject the claim listed above and direct the City Clerk to send a letter informing the claimant of this decision AGENDA ITEM NO PACE�OP�� REPORT TO CITY COUNCIL SEPTEMBER 11, 2007 PREP REVIEWED BYf j V rI &J, CEO MICHELLE SOTO, INTERIM CITY CLERK APPROVED FOY AGENDA BY AGENDA ITEM NO a PAGE_2�0F_�_ XEM-01 RECEIVED August 18 2007 AUG 2 3 2007 CITY CLERKS OFFICE TO The City of Lake Elsinore ATTENTION Jessica Guzman Office Specialist RE Claim AAA (SUBRO SCOTT JOHNSON) vs The City of Lake Elsinore Claimant AAA (SUBRO SCOTT JOHNSON) D/Event 5/25/2007 Rec d Y /Office 8/13/2007 Our File S 1459586 DBQ We have received and reviewed the above claim and request that you take the action indicated below CLAIM REJECTION Send a standard refection letter to the claimant. Please provide us with a copy of the notice sent as requested above If you have any questions please contact the undersigned Very truly yours CARL WARREN & COMP D Marque cc CJPIA w /enc Attn Executive Director CARL WARREN & CO. CLAIMS MANAGEMENT CLAIMS ADJUSTERS 770 Placentia A en e Placentia, CA 928704812 Mail P O Box 25180 Santa Ana, Ca 92799 5180 Phon (714) 572 5200 (800) 572 6900 F (714) 961 8131 ^CENDA ITEM NO PAGE `"r CITY OF LADE LSIH0R E -� DREAM August 14, 2007 Dwight Kunz Carl Warren & Company P O Box 25180 Santa Ana CA 92799 -5180 Dear Mr Kunz Enclosed for your handling is a claim received on August 13, 2007 from Scott Johnson (CL #2007 -9) Please keep me advised of appropriate City Council Action For further assistance please contact me at (951) 674 -3124 ext 269 %i X8SIC)k GUZMAN, OFFICE SPECIALIST CITY OF LAKE ELSINORE Enclosure cc City Manager 951 674 3124 130 S MAIN STREET LAKE ELSINORE CA 92530 WWW LAKE ELSINORE ORG PUNDA ITEM N0 �2— PAGE _OF_ ,� CLAIM AGAINST THE CITY OF LAKE ELSINORE (For Damages to Persons Personal Property) Received by `&U1 4 - -- City Representative RECEIVED AUG 13 2007 CITY CLERKS OFFICE (Time/Date Received) A claim must be filed with the City Clerk of the City of Lake Elsinore within six (6) months after the incident ore event occurred Be sure your claim is against the City of Lake Elsinore not another public entity Where space is insufficient please use additional paper and identify information by paragraph number Completed claims must be mailed or delivered to the Cit) Clerk City of Lake Elsinore 130 South Main Street Lake Elsinore California 92530 TO THE HONORABLE MAYOR —A VD L'rr ` COUNCi b—, -CJTY OF LAKE ELSINORE, CALIFORNIA The undersigned respectfully submits the following claim and information relative to damage to persons and/or personal property �L 1 NAME OF CLAIMANT 4Scoll �e6116410 Address Phone No Social Security No Dale of Bu1h_4NNft Drivers Lic No Name post office address and telephone to which claimant desires notices to be sent, if other than the above Occurrence or event from which this claim arises Date 5195107 I 11II b Time {� 5 WP,.2 Place (Exact and specific l{o�canon) A+ -Ae Id'ferse -han eF Rai Ire� , C.... Tiro VA d How and under what circumstances did damage or injury occur? Specify the particular occurrence event act or omission you claim caused the injury or damage (use additional paper if necessary) What particular action by the City of its employees caused the alleged damage or injury? ,.. _... L. . • 9 rr rAGENDA ITEM NO 4 Were there any injuries at the tune of this accident? If not, state 'No injuries No xn,apaE -5 5 Give the name(s) of the City employee(s) causing the damage or injury -Anown wyJt_ eif- 'icef. X)Mftss has 4i.+irtfbrp, he) 6 Name and address of any person injured 7 *lame and address of the owner of ary dart_. d pros rty 8 Damages claimed 4 a Amount claimed as of this date 'j $ —I 145 b Estimated amount of future costs $ c Total amount clammed $ 41 4 d Basis for computation of amounts clammed (Include copies of all bills invoices estimates etc) I Rifed ImrpICG elf.�DSfld.� Names and addresses of all witnesses hospitals doctors etc — 10 Any additional information that might be helpful in considering this claim WARNING IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM' (Penal code 72/lnsurance Code 556 1) I have read the matters and statements made in the above claim and I know the same to be true of my own knowledge except as to those matters state upon information or belief as to such matters I believe the same to be true I certify under penalty of perjury that the foregoing is TRUE AND CORRECT SIGNED THIS 2rJ�' DAY OF J dTj 20.qJ AT Cosfo, Mesa CALIFORNIA CLAIMANT S , Ate' Fp SIGNATURE — J rFNDA ITEM NO 2- -- a, PAGE LC . OF_J— vile��. INTERINSURANCE EXCHANGE of the Automobile Club P O BOX 25024 SANTAANA CALIFORNIA 92799 5024 dp yF�N C��`�� July 23 2007 CLAIM FOR DAMAGES Our Claim No x 05/25/07 TO CITY CLERK'S OFFICE, CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE CALIFORNIA 92530 951 674 3124 NAME OF CLAIMANT SCOTT JOHNSON ADDRESS OF CLAIMANT INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB ADDRESS P O BOX 25024 SANTA ANA CA 92799 5024 ATTENTION FRANK VELASQUEZ A226 DATE AND PLACE OF ACCIDENT 05/25/07 AT THE INTERSECTION OF RAILROAD CANYON DRIVE AND CANYON HILLS ROAD HOW DID THE ACCIDENT OCCUR YOUR EMPLOYEE, A LAKE ELSINORE POLICE DEPARTMENT MOTORCYCLE OFFICER, WHILE DRIVING IN BETWEEN LANES, STRUCK OUR INSURED VEHICLE DESCRIPTION OF INDEBTEDNESS INSURED S DEDUCTIBLE INTEREST INSURED'S RENTAL INTEREST $4185 NAME AND ADDRESS OF PUBLIC EMPLOYEE OR EMPLOYEES CAUSING THE INJURY OR DAMAGES UNKNOWN ON LAKE ELSINORE POLICE REPORT AN OFFICER HEIM FRO THE LAKE ELSINORE POLICE DEPARTMENT WAS A WITNESS TO THE ACCIDENT AMOUNT OF DAMGES CLAIMED $4185 s f P1 RODEL TAA RTIN Insd AGENDA ITEM NO Ve ficd -Claim to Insd PAGE :1,_OF CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT A BRADY, CITY MANAGER DATE SEPTEMBER 11, 2007 SUBJECT REORGANIZATION OF ENGINEERING STAFF BACKGROUND Late in 2006 the City Council approved the reorganization between Parks, Recreation, Public Works and Engineering This action resulted in a Public Works Department made of the Public Works Division and Engineering Division and a Parks and Recreation Department overseeing the Park facilities and Recreation activities Along with the realignment of the Divisions there was also a reassignment of duties, specifically Household Hazardous Waste and the Recycling Program being assigned to the Engineering Division Because of the increased demand on the Capital Improvement Program (CIP) as well as the additional responsibilities of Household Hazardous Waste and Recycling Staff is proposing a reorganization of duties and possrtions DISCUSSION As Public Works was formed out of the department reorganization, the Engineering Division was assigned the responsibility of two additional programs Household Hazardous Waste and Recycling With these programs and the increasing activity in the Capital Improvement Program (CIP), Staff recognizes a need to redistribute some of the duties within the Division This redistribution of duties will accomplish two things Provide Staff with an opportunity for professional development through supplemental work experience and reduce the personnel operating budget by combining duties and eliminating one position The 2006 2007 Operating Budget has among other things allocated funds for one part time position to help with the Household Hazardous Waste and Recycling programs It also provides for one in house Public Works Inspector Staff is proposing the following changes AWM9A ITEM NO PACE OF Z CITY COUNCIL REPORT SEPTEMBER 11 2007 PAGE 2 1 Reallocate funds for Public Works Inspector to fund an Assistant Engineer position to work on CIP projects Change results in an approximate annual savings of $4 500 2 Rename NPDES Coordinator to Environmental Compliance Administrator and add Weed Abatement Administration and Recycling to the NPDES program fob duties The pay scale will be increased to compensate for the additional duties however the increase will be off set by eliminating the part time Recycling Technician position Changes result in an annual savings of $18,500 3 The Household Hazardous Waste Program a biannual event, will be assigned to the Engineering Technician I with no alteration to compensation other than supplemental professional development FISCAL IMPACT Total annual salary savings of approximately $23,000 RECOMMENDATION Staff recommends that the City Council approve the proposed changes to the fob classifications and corresponding salary PREPARED BY KEN A SEUMALO DIRECTOR OF PUBLIC WORKS APPROVED FOR AGENDA BY in (i{ CITY MANA ER'S OFFICE AG&4DA ITEM NO :3,..b= PAQE Z OF 2_� CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT A BRADY, CITY MANAGER DATE SEPTEMBER 11, 2007 SUBJECT RAILROAD CANYON ROAD /I -15 INTERCHANGE UPDATE At the regularly scheduled City Council meeting on July 24 2007 the City Council directed Staff to provide an update to the Council about the progress of the Railroad Canyon Road/I 15 Interchange Project Specifically, the update will focus on the progress of the potential Franklin Street connection to the I 15 DISCUSSION On August I" the Project Design Team (PDT = CALTRANS Staff City Staff and the Design Engineer) met to determine the feasibility of constructing an on and off ramp from I 15 to Franklin Street The connection idea was a result of a Value Analysis process in which a group of professionals were tasked with creating alternatives to the congestion problem CALTRANS Staff notified City Staff that all six (6) of the alternatives from the Value Analysis process were required to be analyzed in detail These alternatives range from constructing a median across Auto Center Drive creating a right -in, right out scenario at Auto Center Drive to constructing the new freeway connection at Franklin Street Staff confirmed with CALTRANS that the City s analysis for many of the six alternatives will be Alternative is not feasible with local circulation Further City Staff was directed to perform Traffic Impact Studies at the Main Street and I 15 and Bundy Canyon and I -15 interchanges to see the effects of the new connection at Franklin Street The additional studies will be used as an important tool in the argument for approval by the Federal Highway Administration for this connection Staff is currently working with the Design Engineer to gather the data for the additional studies which will be submitted to CALTRANS for analysis AGUVA ITCH NO `l --- PAQE 1 OF 3 ____ CITY COUNCIL REPORT SEPTEMBER 11 2007 PAGE 2 The next steps are as follows 1 Complete the Traffic Impact Study at Main Street /I 15 and Bundy Canyon/I 15 2 Submit the Impact Study to CALTRANS for evaluation 3 Proceed with the Project Report Environmental Document process using the Franklin Street connection 4 Meet with FHWA Representative for continued comments and guidance This step to be on an on -going basis 5 Prepare a formal report to FHWA requesting the connection 6 Upon FHWA approval finalize the Project Report 7 Complete Design, Environmental clearance and Right -of way acquisition 8 Construct Project It is unknown at this time how long this process will take however it is anticipated that step 1 will be completed near the beginning of December 2007 RECOMMENDATION Receive and file PREPARED BY KEN A SEUMALO, DIRECTOR OF PUBLIC WORKS APPROVED FOR AGENDA BY OFFICE Attachment Vicinity Map AGEfNDA ITEM NO PAGE z OF�e CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT A BRADY, CITY MANAGER DATE SEPTEMBER 11, 2007 SUBJECT ALAN STREET DRAINAGE UPDATE BACKGROUND At the regularly scheduled City Council meeting on July 24, 2007 residents adjacent to the Fairfield Apartment development along State Route 74 expressed concern about drainage in their yards as well as in their street Upon Staff investigation there were two drainage issues identified Nuisance water in the street and standing water in the resident's back yard adjacent to the Fairfield apartment slopes Although Alan Street the affected street, is within Riverside County's jurisdiction the water suspected of causing the problems originates somewhere within the City of Lake Elsinore As such City Staff is researching the issue to resolve these impacts DISCUSSION In Late July and early August, City Staff investigated the drainage issues with both the development community for impacts to the rear yards and with CALTRANS for the impacts to the street itself To resolve the drainage impacts to the backyards Staff is investigating the beneficial, impact of a V ditch at the toe of the slope to catch surface water in conjunction with a French drain to divert subterranean water This investigation includes a preliminary hydrology study to determine the amount of water and to size the V -ditch and French drain pipe Staff is also working with Centex Homes to develop a schedule for construction Regarding the drainage impacts to the street itself Staff met with CALTRANS to discuss redirecting the water away from Alan Street and maintain a course along State Route 74 CALTRANS has assigned an associate engineer to investigate potential impacts to the properties down stream along State Route 74 AGEWA ITEM NO — L� PAGE - i _ OF 3 CITY COUNCIL REPORT SEPTEMBER 11 2007 PAGE In both cases, City Staff is receiving continuous feed back from the developer and CALTRANS The next steps for the Backyard Drainage issue 1 Complete the hydrology study to determine the maximum water flow 2 Work with Centex Homes to develop a ischedule for design and construction 3 Present findings and recommendation to the engineer representing the residents Staff is looking for feed back or concurrence with this step 4 Upon concurrence, schedule construction with the developer and construct the improvement The next steps for the State Route 74 Drainage issue 1 Remain in close contact with the CALTRANS Local Assistance Engineer to monitor the progress of the drainage investigation 2 Upon confirmation the diversion will work follow through with CALTRANS for funding design and construction of the new facility There is the potential to expedite the process if the City /County takes the lead on the project and process the design through CALTRANS via the encroachment permit process FISCAL IMPACT The fiscal impact is unknown at this time RECOMMENDATION Receive and file S PREPARED BY KEN A SEU/M�ALO DIRECTOR OF PUBLIC WORKS APPROVED FOR AGENDA BY �l CITY MANAGEA S OFFICE Attachment Vicinity Map AWJOA ITEM NO \ PAGE Z OFD_ I � I I I ' It ° I tib 1A J 5�` / ` WELCHDR P, -/ THIRD ST CITY OF ,,cn LAKE LSII`IORE DREAM EXTREME ALLAN STREET DRAINAGE CITY COUNCIL N 8 --pmv= by CITY OF LAKE ELSINORE CRY IL "EWi . SEPTEMBER 11 2007 AGE�lDA ITEM NO Eni eenW DmW p ;2; CDaary ,R, ma GIS � j Slat OWE NA 88 GIS Els T. PAGE— CITY OF LAKE ELSINORE JOINT REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY TO MAYOR AND CITY COUNCIL CHAIRMAN AND REDEVELOPMENT AGENCY FROM ROBERT A BRADY, CITY MANAGER DATE SEPTEMBER 11, 2007 SUBJECT EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO 33370 FOR CONDOMINIUM PURPOSES APPLICANT LUMOS COMMUNITIES, LLC, LEONARD LEICHNITZ, 30713 RIVERSIDE DRIVE, SUITE 201, LAKE ELSINORE, CA 92530 PROJECT LOCATION The project site is located southeast of the I -15 Freeway and south of Franklin Street (APN 373 -071 013) BACKGROUND On October 11, 2005 the City Council approved Mitigated Negative Declaration No 2005 -07 Tentative Tract Map No 33370 for Condominium Purposes and Residential Design Review No 2005 -02 Section 16 24 160 B of the Lake Elsinore Municipal Code (LEMC) only allows up to thirty six (36) months for an Extension of Time for Tentative Tract Maps Therefore, the applicant is requesting the maximum time allowed for an Extension of Time which is thirty-six (36) months or until October 11 2010 AGENDA ITEM No _L._ PAGE I OF r REPORT TO CITY COUNCIL EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO 33370 SEPTEMBER 119 2007 PAGE 2 OF 2 RECOMMENDATION Staff recommends the City Council adopt Resolution No 2007 JW approving the request for an Extension of Time for Tentative Tract Map No 33370 for Condominium Purposes for thirty-six (36) months or October 11, 2010 as allowed by the LEMC, based on the Findings, Exhibits and the revised Conditions of Approval attached Staff recommends that the Agency Board concur with the City Council APPROVED FOR AGENDA BY ATTACHMENTS LINDA M MILLER, AICP 1 Vicinity Map 2 City Council Resolution No 2007 -j(." approving an Extension of Time for Tentative Tract Map No 33370 for Condominium Purposes 3 Revised Conditions of Approval 4 Reductions - Tentative Tract Map No 33370 for Condominium Purposes 5 Planning Commission Staff Report dated October 4, 2005 6 Full Sized Copy — Tentative Tract Map No 33370 for Condominium Purposes AGENDA M:14 NO PAGE _OF It VICINITY MAP �w AGENDA I MM NO PAGE 2 OF RESOLUTION NO 2007- 164P RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AN EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO 33370 FOR CONDOMINIUM PURPOSES WHEREAS, Leonard Leichmtz, representing Lumos Communities, LLC, filed an application with the City of Lake Elsinore requesting approval of an Extension of Time for Tentative Tract Map No 33370 for Condominium Purposes (the Extension "), and WHEREAS, the one (1) lot 9 11 acre parcel, is proposed to be subdivided into nine (9) lots, five (5) residential lots, one (1) recreation lot and three (3) lots for streets and common areas The subdivision will result in ninety (90) single family detached condominium units with associated improvements including a centralized recreation area, and WHEREAS the 9 11 acre parcel is located southeast of I -15 Freeway, south of Franklin Street (APN 373 - 071 -013), and WHEREAS, subdivision B of Section 16 24 160 of the Lake Elsinore Municipal Code says that the approval of a tentative minor land division map shall expire after twenty -four (24) months, unless within that period of time a final map has been filed with the County Recorder, or the land divider has applied for an extension for a period or periods not exceeding thirty-six (36) months, and WHEREAS, pursuant to the California Environmental Quality Act (Cal Pub Res Code §§ 21000 et seq "CEQA ") and the State Guidelines for Implementation of CEQA (14 CC R §§ 15000 et seq 'CEQA Guidelines'), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed project (CEQA Guidelines Section 15006), and WHEREAS, CEQA Guidelines Section 15162 establishes the standard to be used when determining whether subsequent environmental documentation is necessary and says that when an environmental document has already been adopted for a project, no subsequent environmental documentation is needed for subsequent entitlements which comprise the whole of the action unless substantial changes or new information are presented by the project and AGENDA ITEM ,K{ID PAG2 mot- CITY COUNCIL RESOLUTION NO 2007 - PAGE 2 OF 4 WHEREAS, on October 11 2005, the City Council of the City of Lake Elsinore, adopted Mitigated Negative Declaration No 2005 -07 and Mitigation Monitoring and Reporting Program (SCH # 2005091060) in accordance with the requirements of the CEQA and the CEQA Guidelines and WHEREAS, the Extension is found to be in conformance with the originally approved Tentative Condommium� Map and the Extension does not present new information regarding the potential environmental impacts of development, and WHEREAS, the City Council has considered evidence presented by the Community Development Department and other interested parties at a public meeting held with respect to this item on September 11, 2007 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS SECTION 1 The City Council has considered the proposed Extension of Time, and has found it acceptable SECTION 2 That in accordance with CEQA and the CEQA Guidelines, the City Council finds that the Extension of Time conforms with the originally approved map, and does not present any new information, circumstances, or changes to the project that was analyzed under Mitigated Negative Declaration No 2005 07 The Extension of Time does not change density or intensity of use It simply extends the land use entitlement for an additional thirty-six (36) months, allowing the applicant more time within which to develop the property in accordance with conditions of approval Therefore, it is not necessary to conduct any further environmental review for the Project SECTION 3 That in accordance with Lake Elsinore Municipal Code Section 16 24, the City Council makes the following findings for the approval of the Extension of Time for thirty-six (36) months for Tentative Tract Map No 33370 for Condominium Purposes 1 The Extension of Time for the subdivision known as Tentative Tract Map No 33370 for Condominium Purposes is consistent with the City s General Plan AGENDA ITEM NO_JQ_ PAGE OF G� CITY COUNCIL RESOLUTION NO 2007 -_ PAGE 3 OF 4 The condominium development as designed assists in achieving a well - balanced and functional mix of land uses The design of the condominium and density are consistent with the General Plan 2 The effects that this project are likely to, have upon the housing needs of the region the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced a The project is consistent with the City s General Plan During the approval of the City s General Plan housing needs public services and fiscal resources were scrutinized to achieve a balance within the City b The project is conditioned to annex into Community Facilities District 2003 -01 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City c The project is conditioned to annex into Lighting and Landscape Maintenance District No I to offset the annual negative fiscal impacts of the project on public right -of -way landscaped areas to be maintained by the City and for street lights in the public right - of way for which the City will pay for electricity and a maintenance fee to Southern California Edison 3 The design of the proposed division of land or type of improvements is not likely to cause serious public health problems Tentative Tract Map No 33370 for Condominium Purposes is conditioned to comply with all development standards of the Lake Elsinore Municipal Code and the General Plan These standards have been prepared and reviewed to benefit the public health safety and welfare of Lake Elsinore guests and residents 4 The design of the proposed division of land or type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed division of land All known easements or requests for access have been incorporated into Tentative Tract Map No 33370 for Condominium Purposes The map has been circulated to City departments and outside agencies and appropriate AGENDA ITEM NO PAGE OF CITY COUNCIL RESOLUTION NO 20077 _ PAGE 4 OF 4 conditions of approval have been applied for their approval during construction SECTION 4 Based upon the evidence presented, the above findings, and the attached conditions of approval imposed upon the Extension, the City Council hereby approves an Extension of Time not to exceed thirty-six (36) months for Tentative Tract Map No 33370 for Condominium Purposes SECTION 5 This Resolution shall take effect from and after the date of its passage and adoption PASSED, APPROVED AND ADOPTED this eleventh day of September, 2007, by the following vote AYES COUNCILMEMBERS NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS Robert E Magee, Mayor City of Lake Elsinore ATTEST Michelle Soto Interim City Clerk City of Lake Elsinore APPROVED AS TO FORM Barbara Zeid Leibold, City Attorney City of Lake Elsinore AGENDA ITEM NO ( PAGE_�2_OF REVISED CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO 2005 -079 TENTATIVE TRACT MAP NO 33370 (FOR CONDOMINIUM PURPOSES), RESIDENTIAL DESIGN REVIEW NO 2004 -11, AND CONDITIONAL USE PERMIT NO 2005 -01 FOR "TESSERA" - APN 373 - 071 -018 GENERAL CONDITIONS 1 The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Tentative Condominium Map, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499 37, and Public Resources Code Section 21167 The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not thereafter, be responsible to defend, indemnify or hold harmless the City 2 The applicant shall submit a money order, cashier s check or check, made payable to the County Recorder, for filing of a Certification of Fee Exemption "De Mmimis Impact Finding ' in the amount of $64 00 to the Planning Division within 48 hours of the City Council approval date for the required Environmental Filing 3 The applicant shall comply with those mitigation measures identified in the Mitigated Negative Declaration No 2005- 07/Mitigation Monitoring Report and Program (State Clearinghouse No 2005091060) for the "Tessera" project WA ' • ' •. • • 1 5 Conditional Use Permit No 2005 -01 for the condominium project shall run with the land and shall continue to be valid upon any change of ownership of the site or structure which was the subject of the Conditional Use Permit (CUP) application AGENDA ITEM ND_ PAGE REVISED CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO 2005 -071 TENTATIVE TRACT MAP NO 33370 (FOR CONDOMINIUM PURPOSES), RESIDENTIAL DESIGN REVIEW NO 2004 -115 AND CONDITIONAL USE PERMIT NO 2005 -01 FOR "TESSERA" - APN 373 - 071 -018 TENTATIVE TRACT MAP NO 33370 (FOR CONDOMINIUM PURPOSES) 6 The Tentative Tract Map will expire two (2) years from date of approval unless within that period of time the CC &R's and an appropriate instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act 7 The Tentative Tract Map shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code Title 16 unless modified by approved Conditions of Approval 8 Prior to final certificate of occupancy of Tentative Tract Map, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with All uncompleted improvements must be bonded for as part of the agreements 9 Prior to issuance of a grading permit, the applicant shall prepare and record CC &R's against the condominium complex The CC &R s shall be reviewed and approved by the Community Development Director or Designee and the City Attorney The CC &R's shall include methods of maintaining common areas, parking and drive aisle areas, landscaped areas including parkways, and methods for common maintenance of all underground, and above ground utility infrastructure improvements necessary to support the complex In addition, CC &R's shall established methods to address design improvements 10 No unit in the development shall be sold unless a corporation association, property owner's group or similar entity has been formed with the right to financially assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and duty to maintain, all said mutually available features of the development Such entity shall operate under recorded CC &R's which shall include compulsory AGENDA 17EM No _ � PAGEM_OF REVISED CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO 2005 -079 TENTATIVE TRACT MAP NO 33370 (FOR CONDOMINIUM PURPOSES), RESIDENTIAL DESIGN REVIEW NO 2004 -119 AND CONDITIONAL USE PERMIT NO 2005 -01 FOR "TESSERA" - APN 373 - 071 -018 membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services Recorded CC &R's shall permit enforcement by the City for provisions required as Conditions of Approval The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale This condition shall not apply to land dedicated to the City for public purposes 11 Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the covenants, conditions and restrictions for each project 12 The Home Owner s Association shall be established prior to the sale of the first dwelling unit 13 Membership in the Home Owner's Association shall be mandatory for each buyer and any successive buyer 14 Reciprocal covenants conditions and restrictions and reciprocal maintenance agreements shall be established which will cause a merging of all development phases as they are completed and embody one (1) homeowner's association with common area for the total development of the subject project (Phase I) and the proposed project (Phase II) 15 In the event the association or other legally responsible person(s) fail to maintain said common area in such a manner as to cause same to constitute a public nuisance, said City may upon proper notice and hearing institute summary abatement procedures and impose a lien for the costs of such abatement upon said common area, individual units or whole thereof as provided by law 16 Each unit owner shall have full access to commonly owned areas facilities and utilities AG£NDA4 li EM Pao �U. PACEv1 REVISED CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO 2005 -079 TENTATIVE TRACT MAP NO 33370 (FOR CONDOMINIUM PURPOSES), RESIDENTIAL DESIGN REVIEW NO 2004 -119 AND CONDITIONAL USE PERMIT NO 2005 -01 FOR "TESSERA" - APN 373 - 071 -018 RESIDENTIAL DESIGN REVIEW NO 2005 -02 17 Design Review approval for Residential Design Review No 2005 -02 will lapse and be void unless building permits are issued within one (1) year of City Council approval The Community Development Director may grant an extension of time of up to one (1) year per extension, prior to the expiration of the initial Design Review approval Application for a time extension must be submitted to the City of Lake Elsinore one (1) month prior to the expiration date 18 Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities 19 The dwelling units are two story, without elevators, and therefore are exempt from accessibility requirements The pool area must comply with all accessibility as outlined in the 2001 California Building Code Sections 1104B 4 3 and 1132B 2 If restroom facilities are provided at the pool area they must be accessible to the Physically Disabled 20 All site improvements approved with this request shall be constructed as indicated on the approved exhibits and/or attachments contained herein Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action 21 All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets Any material covering the roof equipment shall match the primary wall color 22 All exterior on -site lighting shall be shielded and directed on -site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal AGENDA ITEM NO REVISED CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO 2005 -079 TENTATIVE TRACT MAP NO 33370 (FOR CONDOMINIUM PURPOSES), RESIDENTIAL DESIGN REVIEW NO 2004 -11, AND CONDITIONAL USE PERMIT NO 2005 -01 FOR "TESSERA" - APN 373 - 071 -018 plane of the fixture All light fixtures shall match the architectural style of the building 23 The applicant shall meet Americans with Disabilities Act (ADA) requirements The club house shall comply with all ADA requirements, including an accessible path of travel from the public way and including an accessible parking space Any common use areas would also be subject to accessibility requirements 24 Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee 25 Applicant shall use roofing materials with Class "A" fire rating 26 The Planning Division shall approve the location of any construction trailers utilized during construction All construction trailers shall require a $1,000 00 cash bond processed through the Planning Division 27 Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee 28 Decorative paving shall be included at the entryway and shall be shown on the construction drawings submitted to Building and Safety 29 Parking stalls shall be double - striped with four -inch (4') lines two feet (2') apart 30 All exposed slopes in excess of three feet (3 ) in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division PRIOR TO THE ISSUANCE OF A GRADING PERMIT 31 Prior to the 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 AGENDA ITEM NO_L __`_ PACE 0= REVISED CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO 2005 -079 TENTATIVE TRACT MAP NO 33370 (FOR CONDOMINIUM PURPOSES), RESIDENTIAL DESIGN REVIEW NO 2004 -11, AND CONDITIONAL USE PERMIT NO 2005 -01 FOR "TESSERA" - APN 373 - 071 -018 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 any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records 33 The applicant shall submit a photometric study for those light standards located in the proposed condominium project Said study shall ensure that parking lot lights will not disturb neighboring land uses and shall be approved by the Community Development Director or designee PRIOR TO ISSUANCE OF A BUILDING PERMIT 34 Prior to the issuance of building permits, the applicant shall enter into an agreement with the Redevelopment Agency of the City of Lake Elsinore to provide 15% of the units in the project as affordable housing units in accordance with the requirements of Section 33413(b) of the California Community Redevelopment Law or an alternative equivalent action which may include (without limitation) dedication of vacant land, construction of affordable units on another site, or payment of an in lieu fee calculated to provide sufficient funds to underwrite the long -term affordability of an equivalent number of affordable dwelling units constructed or substantially rehabilitated on other sites within the City s redevelopment project areas 35 Prior to the issuance of the first building permit the applicant shall annex into Community Facilities District No 2003 -1 to offset the annual negative impacts of the project on public safety operations and maintenance issues in the City 36 Prior to the issuance of the first building permit, the applicant shall annex into Lighting and Landscape Maintenance District No 1 to offset the annual negative fiscal impacts of the project on public right -of -way landscaped areas to be maintained by the AGENDA IYEM NO PAGE -3 _Gr REVISED CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO 2005 -079 TENTATIVE TRACT MAP NO 33370 (FOR CONDOMINIUM PURPOSES), RESIDENTIAL DESIGN REVIEW NO 2004 -119 AND CONDITIONAL USE PERMIT NO 2005 -01 FOR "TESSERA 9'- APN " 373 - 071 -018 City and for street lights in the public right -of -way for which the City will pay for electricity which includes a maintenance fee to Southern California Edison develepef ..hall pay tm^a t fee Per mtg w/Rolfe Preisendanz and Matt Pressey 9 -26 05 .. Per `• d. 9-29-05 39 Pursuant to Ordinance No 1124, prior to the issuance of a building permit the applicant shall pay the applicable Multiple Species Habitat Conservation Plan (MSHCP) Fee of $1,057 00 per lot 40 Three (3) sets of the Final Landscapmg/Imgation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40 %) City fee a All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods b Applicant shall plant street trees selected from the City's Street Tree List, a maximum of thirty feet (30) apart and at least twenty- four -inch (24 ") box in size c All planting areas shall be separated from paved areas with a six inch (6 ") high and six inch (6 ") wide concrete curb AGENDA 17EM NO � PAGE OF I�� REVISED CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO 2005 -079 TENTATIVE TRACT MAP NO 33370 (FOR CONDOMINIUM PURPOSES), RESIDENTIAL DESIGN REVIEW NO 2004 -11, AND CONDITIONAL USE PERMIT NO 2005 -01 FOR "TESSERA" - APN 373 - 071 -018 d Planting within fifteen feet (15) of ingress /egress points shall be no higher than thirty six inches (36 ") e Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years f Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan g The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines Special attention to the use of Xenscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering h All landscape improvements shall be bonded 100% 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 with approval /acceptance by the Landscape Consultant and Community Development Director or Designee i All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building All planting areas shall include plantings in the Xerscape concept drought tolerant grasses and plants Final landscape plan must be consistent with approved site plan k Final landscape plans to include planting and irrigation details 41 Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval AGENDA AGE E ; ) GF__�,�___ ' P ��I REVISED CONDITIONS,OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO 2005 -07, TENTATIVE TRACT MAP NO 33370 (FOR CONDOMINIUM PURPOSES), RESIDENTIAL DESIGN REVIEW NO 2004 -119 AND CONDITIONAL USE PERMIT NO 2005 -01 FOR "TESSERA" - APN 373 - 071 -018 42 Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid 43 Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met 44 Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance ENGINEERING 45 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 46 Pay all Capital Improvement and Plan Check fees (LEMC 16 34, Resolution 85 -26) 47 Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project Submit this letter prior to final map approval 48 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 49 Provide fire protection facilities as required in writing by Riverside County Fire Secure, from Fire Department, approval of the 36 feet curb to -curb wide street with parked cars on one side as fire lanes and turning radius at intersections of two 36 feet curb -to -curb streets for fire engines 50 In accordance with the City's Franchise Agreement for waste disposal & recycling the applicant shall be required to contract with CR &R Inc for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning AGENDA ITEM NO PAGEj_L�7 OF REVISED CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO 2005 -07, TENTATIVE TRACT MAP NO 33370 (FOR CONDOMINIUM PURPOSES), RESIDENTIAL DESIGN REVIEW NO 2004 -11, AND CONDITIONAL USE PERMIT NO 2005 -01 FOR "TESSERA" - APN 373 - 071 -018 demolition, clear and grubbing or all other phases of construction If the applicant is not using CR &R Inc for recycling services and the recycling material is either sold or donated to another vendor the applicant shall supply proof of debris disposal at a recycling center including verification of tonnage by certified weigh master tickets 51 All open space and slopes except for public parks and schools and flood control district facilities, outside the public right of -way will be owned and maintained by either a homeowner's association or private property owner 52 Applicant shall record CC &R's for the tract prohibiting on street storage of boats, motorhomes, trailers and trucks over one -ton capacity, roof mounted or front yard microwave satellite antennas The CC &R s shall be approved by the Community Development Director prior to recordation of final map 53 Applicant shall cause to be recorded a CC &R s with recordation of final map which provides for irrevocable reciprocal parking circulation, loading and landscape maintenance easement in favor of the units in each lot, subject to the approval of the Director of Community Development and the City Attorney The CC &R's shall enforce standards of building maintenance, participation in landscape maintenance, prohibition of outside vehicle or material storage 54 Applicant shall provide a homeowner's association with CC &R's for maintenance of the open space 55 Existing access easements over property, if any must be addressed to the satisfaction of the easement owners prior to final map approval Street Improvements 56 Construct all public works improvements per approved street plans (LEMC 12 04) Plans must be approved and signed by the City Engineer prior to final map approval (LEMC 16 34) Franklin Street shall be improved from property line to one foot beyond centerline of Franklin Street and it will extend within the frontage of the AGENDA 17E#A NO W PAGE OF G' REVISED CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO 2005 -075 TENTATIVE TRACT MAP NO 33370 (FOR CONDOMINIUM PURPOSES), RESIDENTIAL DESIGN REVIEW NO 2004 -119 AND CONDITIONAL USE PERMIT NO 2005 -01 FOR "TESSERA" - APN 373 - 071 -018 property plus any transition beyond as required per approved street improvement plans Avenue 5 will be graded within the 60 feet wide right of way Avenue 5 shall be improved from property line to minimum of 12 feet beyond center -line of Avenue 5 and within full length of the property on Avenue 5 57 Street improvement plans and specifications shall be prepared by a Calif Registered Civil Engineer Improvements shall be designed and constructed to Riverside County Road Department Standards latest edition, and City Codes (LEMC 12 04 and 16 34) Franklin Street and Avenue 5 plans shall show profiles at centerline and top of curb to 50 foot beyond the property frontage length The profile of the Avenue 5 plans shall be designed from intersections of Franklin Street to Mill Street 58 Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval 59 Desirable design grade for local streets should not exceed 9% The maximum grade of 15% should only be used because of the design constraints 60 Interior streets shall be designed with maximum 5% as the desired grade and intersecting streets shall meet at a maximum grade of 6% Each leg of the intersection approach shall be a minimum of 40 -feet long at a maximum 6% grade 61 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) 62 All compaction reports grade certifications monument certifications (with tie notes delineated on 8'/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved 63 The applicant shall install two permanent benchmarks to Riverside County Standards and at a location to be determined by City Engineer AGENDA ITEM NO � PAGE1� OF REVISED CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO 2005 -079 TENTATIVE TRACT MAP NO 33370 (FOR CONDOMINIUM PURPOSES), RESIDENTIAL DESIGN REVIEW NO 2004 -11, AND CONDITIONAL USE PERMIT NO 2005 -01 FOR "TESSERA" - APN 373 - 071 -018 64 Provide street lighting at interval of 200 +/ 20 feet, and show lighting improvements as part of street improvement plans as required by the City Engineer Revise street lighting on Franklin Street to provide street lights at intersection of Street "A' with Franklin Street, and on Avenue 5 and its intersection with Street "D 65 Developer shall install blue reflective pavement markers in the street at all fire hydrant locations 66 Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to final map approval 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 67 All improvement plans and tract maps shall be digitized At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info /GIS or developer to pay $1,000 per sheet for City digitizing 68 All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility 69 Intersection site distance shall meet the design criteria of the CALTRANS Design Manual (particular attention should be taken for intersections on the inside of curves) If site distance can be obstructed a special limited use easement must be recorded to limit the slope type of landscaping and wall placement 70 Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered civil engineer AGENDA 17EM NO LP PAGE..J�j _OF 1�-5_ REVISED CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO 2005 -079 TENTATIVE TRACT MAP NO 33370 (FOR CONDOMINIUM PURPOSES), RESIDENTIAL DESIGN REVIEW NO 2004 -119 AND CONDITIONAL USE PERMIT NO 2005 -01 FOR "TESSERA" - APN 373 - 071 -018 Single leaded laeal s4eets shall not have less than a 4 4 ft fight ef way wtth and a 3 6 • w/Rolfe Preisendanz ' ' Traffic 72 Developer has submitted a traffic study, it has been reviewed by City Traffic Engineer The study show that the volume of traffic will impacts the intersection of the Main Street and Franklin Street, and that the intersection needs to be signalized to mitigate the impact 73 The Study also shows that the centerline radius of Franklin Street at the northeast corner of the project should be a minimum of 300 feet 74 The General Plan calls for extension of Pottery Street to Auto Center Drive to fit between the northeast corner of this project and the freeway Traffic study shows that there is no need to dedicate additional right -of -'way for this purpose 75 Developer shall construct four way traffic signal system at the intersection of Franklin Street and Main Street The poles and arms of the traffic signals shall be compatible with the downtown area architectural design theme Developer shall be reimbursed for the traffic signal system through the City s TIF funds 76 No residential lot shall front any public roads, access to the project shall be restricted on Franklin Street and Avenue 5 and so noted on the final map Grading 77 Apply and obtain a grading permit with appropriate security prior to building permit issuance A grading plan signed and stamped by a Calif Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer If the grading is less than 50 cubic yards and a grading plan is not required a grading permit shall still be AGENDA ITEM W --LO--. - -- PAGE �F i REVISED CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO 2005 -079 TENTATIVE TRACT MAP NO 33370 (FOR CONDOMINIUM PURPOSES), RESIDENTIAL DESIGN REVIEW NO 2004 -119 AND CONDITIONAL USE PERMIT NO 2005 -01 FOR "TESSERA" - APN 373 - 071 -018 obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins 78 Applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to final map approval 79 Provide soils, geology and seismic report including street design recommendations Provide final soils report showing compliance with recommendations 80 All grading shall be done under the supervision of a geotechmcal 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 81 Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material Such routes shall be subject to the review and approval of the City Engineer 82 Applicant to provide to the City a photographic baseline record of the condition of all proposed public City haul roads In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition A bond may be required to ensure payment of damages to the public right -of way, subject to the approval of the City Engineer Drainage 83 Individual lot drainage shall be conveyed to a public facility including streets and/or drainage channel, or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement 84 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 " AGENDA MM NO PAGE �_ �� REVISED CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO 2005 -079 TENTATIVE TRACT MAP NO 33370 (FOR CONDOMINIUM PURPOSES), RESIDENTIAL DESIGN REVIEW NO 2004 -11, AND CONDITIONAL USE PERMIT NO 2005 -01 FOR "TESSERA" - APN 373 - 071 -018 85 All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer 86 Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage 87 Identify potential runoff pollutants associated with the proposed project and address it in project- specific WQMP 88 The detention basin shall address Hydraulic Conditions of Concern It shall achieve post development runoff flow rates volumes, velocities and durations that prevents significant increases in down stream erosion compared to the pre development condition and prevent significant adverse impact on adjacent properties during the 2- year and 10 -year, 24 -hour rainfall event 89 Address the water quality and passageway of the daily nuisance runoff thru the detention basin/water quality area .. Per '. Preisendanz 9-29-05 91 Provide outlet structure and riprap at storm drain outlet 92 All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards 93 Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system the wording and stencil shall be approved by the City Engineer AGENDA M&I NO PAGE �L OF REVISED CONDITIONS, OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO 2005 -079 TENTATIVE TRACT MAP NO 33370 (FOR CONDOMINIUM PURPOSES), RESIDENTIAL DESIGN REVIEW NO 2004 -119 AND CONDITIONAL USE PERMIT NO 2005 -01 FOR "TESSERA" - APN 373 - 071 -018 94 Roof and yard drains will not be allowed to outlet directly through cuts in the street curb Roof drains must be drained to a landscaped area, or be treated per WQMP requirements prior to release into public drainage system or other properties 95 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 is exceeded, drainage facilities should be installed ._ w/Rolfe Preisendanz • ' 1 the on site detention basin to an eet let mle existing dr-am diteah in A2,11 qtrp. Per meeting w/Bob Brady 9-29-05 98 Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed 99 Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System ( NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits The applicant shall provide a SWPPP for post construction which describes WQMP that will be implemented 100 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 stonnwater quality and met the goals of the BMP in Supplement "A in the Riverside County NPDES Drainage Area Management Plan AGENDA MI NO LQ PAGE -- ! � GF REVISED CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO 2005 -079 TENTATIVE TRACT MAP NO 33370 (FOR CONDOMINIUM PURPOSES), RESIDENTIAL DESIGN REVIEW NO 2004 -119 AND CONDITIONAL USE PERMIT NO 2005 -01 FOR "TESSERA" - APN 373 - 071 -018 Dedication 101 Dedicate a 30' wide strip of street right -of -way along the easterly property line along Avenue 5 Dedicate additional right -of ay for a standard corner cutback for the future curb return at the northeasterly corner of the lot for a 300 feet radius horizontal curve at centerline of Franklin Street See Traffic section for other possible dedication requirements Miscellaneous 102 Show location of all perimeter walls on Tentative Tract Map 103 Dedicate right -of -way and improve public streets per City Standards andlor as shown in the map Added at City Council Meeting of 9 -11 -07 104 WQMP Plans shall be submitted and approved prior to issuance of grading permit Added at City Council Meeting of 9 -11 -07 105 Capital Improvement Mitigation Fees (TIF Area Drainage) shall be paid at building permit issuance TUMF Fees shall be paid at time of occupancy and at a rate in effect at that time Added at City Council Meeting of 9 -11 07 106 Unless otherwise conditioned as mentioned above or as part of this project the existing Conditions of Approval of 7-TM 33370 are in effect throughout the allowed extension of time of this map Added at City Council Meeting of 9 -11 -07 End of Conditions Note * Italics indicates addition to text, stfikethfough indicates removal from text AGENDA ITE A NO PAGE�_OF 6j k �| b § k k� � z : $1 I 1��IM �. \\ � � � .■ fill], i § � §k� | gill 11 f I'll Ill 111VIItk �.. l fill �I l..r |. ; 2 ¥ •| � a | |� i AGENDA m¥m m2 2d 0 .� �- . ¥ | AGENDA m¥m m2 2d 0 PLANNING COMMISSION STAFF REPORT CrydLak 0u a P! g O 13115 M n St 9 We (99) 7]4 74 31 92530 (909) (909) 471 1419 19 fu I r(a ° ��1 1 1 sy 1 � o DATE October 4 2005 TO Chairman and Members of the Planning Commission FROM Robert A Brady City Manager PREPARED BY Linda M Miller Protect Planner PROJECT TITLE Draft Mitigated Negative Declaration No 2005 07 Tentative Tract Map No 33370 (For Condominium Purposes) Conditional Use Permit No 2005 01 and Residential Design Review No 2005 02 — APN 373 071 018 APPLICANT Lumos Communities LLC Attention Leonard Leichmtz 30713 Riverside Drive Suite 201 Lake Elsinore California 92530 (Owner Same) 4995 Murphy Canyon Road Suite 402 San Diego California 92123 (Owner Rancon Current Yield 12+ LP C/O RP Sanders & Company 33 North Stone Suite 1905 Tucson Arizona 85701 PROJECT REQUEST • Mitigated Negative Declaration No 2005 07 The City of Lake Elsinore intends to adopt a Mitigated Negative Declaration (MND) pursuant to the Guidelines established by the California Environmental Quality Act (CEQA) • Tentative Tract Map No 33370 (For Condominium Purposes) The applicant is requesting approval of Tentative Tract Map No 33370 (For Condominium Purposes) pursuant to Section 16 Subdivisions of the Lake Elsinore Municipal Code (LEMC) Chapter 17 30 (Condominium and Condo Conversions) of the LEMC and Sections(s) 66424 and 66427 of the California Subdivision Map Act (CSMA) • Conditional Use Permit No 2005 01 The applicant is requesting the approval of a conditional use permit to allow for the development of ninety (90) single family detached condominium units which will be part of an underlying common area pursuant to Chapter AGENDA ITL'al NO � � E�_O� PLANNING COMMISSION STAFF REPORT OCTOBER 4, 2005 Page 2 of 13 PROJECT TITLE MITIGATED NEGATIVE DECLARATION NO 2005 07 TENTATIVE TRACT MAP NO 33370 (FOR CONDOMINIUM PURPOSES), CONDITIONAL USE PERMIT NO 2005 01, AND RESIDENTIAL DESIGN REVIEW NO 2005 02 - APN 373 071018 17 30 (Condominium and Condo Conversions) and Chapter 17 74 (Conditional Use Permits) of the LEMC • Residential Design Review No 2005 02 The applicant is requesting Design Review consideration for the construction of ninety (90) single fan my detached residential condominium units Review is pursuant to applicable Chapters in the LEMC BACKGROUND In the past the subject property known as the Old Rodeo Grounds was zoned R 3 (High Density Residential) District In 1998 Rancon Current Yield 12 +LP purchased the property Subsequently the previous owners requested a Zone Change from R 3 (High Density Residential) to C 2 (General Commercial) and a corresponding General Plan Amendment from Medium High Density Residential to General Commercial The applicant request to return the property to the original zoning designation of R 3 with a General Plan consistency change to Medium High Density allowing a maximum of 18 dwelling units per net acre City Council approved this request on August 9 2005 PROJECT LOCATION The 9 11 net acre project site is located southeast of the I 15 Freeway south of Franklin Street (APN 373 071 013) ENVIRONMENTAL SETTING PROJECT DESCRIPTION TENTATIVE TRACT MAP NO 33370 (FOR CONDOMINIUM PURPOSE* The applicant requests approval to establish a proposed residential condominium community known as Tessera Pursuant to Section 66424 of the California Subdivision Map Act (CSMA) AGENDA ITEM NO PAGE-P _G� EXISTING LAND USE ZONING GENERAL PLAN Project Site Vacant R 3 High Density Residential Medium High Density North Vacant C 2 General Commercial Medium Density East Vacant R 1 Sin le Family Residential Future SP K South Vacant R 1 Sin le Family Residential Future SP K 1-77e-stj Vacant R 1 Single Family Residential Future SP K PROJECT DESCRIPTION TENTATIVE TRACT MAP NO 33370 (FOR CONDOMINIUM PURPOSE* The applicant requests approval to establish a proposed residential condominium community known as Tessera Pursuant to Section 66424 of the California Subdivision Map Act (CSMA) AGENDA ITEM NO PAGE-P _G� PLANNING COMMISSION STAFF REPORT OCTOBER 4, 2005 Page 3 of 13 PROJECT TITLE MITIGATED NEGATIVE DECLARATION NO 2005 07 TENTATIVE TRACT MAP NO 33370 (FOR CONDOMINIUM PURPOSES), CONDITIONAL USE PERMIT NO 2005 01, AND RESIDENTIAL DESIGN REVIEW NO 2005 02 — APN 373 071 018 condominium projects are defined as subdivision and are reviewed pursuant to Section 16 of the LEMC The proposed Map is divided into five (5) numbered residential lots one (1) numbered recreation center lot and three (3) lettered lots used for streets and common area The numbered residential lots range in size from Lot 1 74 508 square feet that includes 24 units to Lot 4 33 687 square feet that includes 12 units Lot 5 is an 11 669 square feet parcel that includes the recreation center The recreation center consists of a pool club house covered picnic area and parking for five (5) vehicles CONDITIONAL USE PERMIT NO 2005 01 Pursuant to Chapter 17 30 of the LEMC the applicant is requesting a Conditional Use Permit for the establishment of the subject condominium project The Planinng Commission is empowered to grant or deny applications for Conditional Use Pernuts and to impose reasonable conditions upon the granting of Condmonal Use Permits RESIDENTIAL DESIGN REVIEW NO R 2005 02 Site Plan The project is being developed on a vacant 9 9 gross acre site Access is via two (2) decorative paved streets located at Avenue 5 and Franklin Street The development is a clustered plan that typically includes six (6) units per cluster The entrance to each cluster will be a T' shaped decorative concrete paved area The recreation center is located at the center of the project and consists of a pool club house and covered picnic area The condominiums are single family detached units with private individual fenced rear yards and private entrances There will be three (3) condominium plans offered Each plan will have three (3) different elevations available All of the plans are two story units with attached two (2) car garages Plan 1 is a 1 560 square foot unit consisting of a great room kitchen and bath on the first floor and three bedrooms two baths and a laundry area on the second floor Plan 2 is a 1 675 square feet unit with a living room dining room kitchen and bath downstairs and three bedrooms two bathrooms and laundry upstairs Plan 3 is 1 783 square feet unit that includes a great room kitchen nook and bathroom on the first floor and the option of 4 bedrooms or 3 bedrooms and a loft option 2 bathrooms and laundry room on the second floor Plans 2 and 3 provide two additional open parking spaces in front of their respective garages Additional parking is provided on site (see the Circulation and Parking Section of this report for details) The total building area is 152 461 square feet or thirty eight percent (38 1/6) of the project site which is within the maximum building area allowed under Section 17 28 090 of the LEMC AGENDA ITEM NO : PAGE _ar PLANNING COMMISSION STAFF REPORT OCTOBER 4, 2005 Page 4 of 13 PROJECT TITLE MITIGATED NEGATIVE DECLARATION NO 2005 07 TENTATIVE TRACT MAP NO 33370 (FOR CONDOMINIUM PURPOSES), CONDITIONAL USE PERMIT NO 2005 01, AND RESIDENTIAL DESIGN REVIEW NO 2005 02 — APN 373 071018 As previously mentioned each unit is provided with a fenced rear yard or private open space These private open space areas are approximately 319 square feet which exceeds the mtntmum required private open space area of 100 square feet per unit pursuant to Section 17 28 120 (Open Space) of the LEMC The project will be completely enclosed with a decorative block wall with pilasters Units that back to the recreation area will have a combination block wall with wrought iron view fencing The City Standard wood fencing will be used between each condominium unit enclosing the private open space area Circulation and Parkin This project is intended to be regulated by a Homeowners Association Interior streets will be private roads to be maintained by the Association There are two access points proposed The primary access point off of Franklin Street is sixty feet (60� in width The secondary forty four foot (44) road access is located off of Avenue 5 The four (4) interior streets (Street B C D and E ) will allow parking on one side of the street These streets are proposed at forty four feet (44) in width with a clear driving width of twenty eight feet (28) per the request of the County of Riverside Fire Department The parking rows have planters and extended sidewalks at each end of the street which will direct pedestrian crossings The long lengths of block wall along each of these streets have indented planter areas at the middle of the wall run breaking up the long expanses Section 17 66 030 (Number of Parking Spaces Required) of the LEMC also requires two covered parking space and two open spaces for single family detached units However this section further states that In heu of two open spaces in the driveway one open space per dwelling unit may be provided else where on the lot in a Planned Unit Development Staff found that this exception could apply to the subject project Considering this the project proposes a minimum of 135 parking spaces The Plan 2 and Plan 3 provide two enclosed and two open parking spaces The Plan One provides two covered spaces but not two open spaces therefore the additional parking spaces for Plan One units are provided on one side of the four streets shown In addition there will be sufficient number of parking spaces to accommodate visitor parking The following table details the parking provided Type ofParlang Parking Provided Par/ang Required Covered Parking 180 180 Open Parking Spaces 104 90 (Pursuant to Section17 66 030 D 1 a) Street /Guest Parking Spaces 44 27 (10% of total) Total 328 297 AGENDA MM NO PAGE'�f OF rD PLANNING COMMISSION STAFF REPORT OCTOBER 4, 2005 Page 5 of 13 PROJECT TITLE MITIGATED NEGATIVE DECLARATION NO 2005 07 TENTATIVE TRACT MAP NO 33370 (FOR CONDOMINIUM PURPOSES), CONDITIONAL USE PERMIT NO 2005 01, AND RESIDENTIAL DESIGN REVIEW NO 2005 02 — APN 373 071 018 Landreabrnn The project site includes common open spaces areas that will be landscaped by the developer and a private open space that will be landscaped by the homeowner The common open space landscaped areas include the front yards of each unit all slope areas the retention basis the street frontage along Franklin Street and Avenue 5 and the landscaped areas of the recreation center These areas consist of approximately 60 137 square feet (excluding the Franklin Street and Avenue 5 areas) or 15% if the total project site and are shown on the Conceptual Landscape Plan that is attached The private rear yards will remain un landscaped to allow each owner to create there own personalized space Architecture As stated previously the applicant is proposing three different units Plan 1 Plan 2 and Plan 3 The architecture proposed is Traditional /Cottage (Plan 1C 2B 2D and 3A) Traditional /Craftsman (Plan 113 2D and 3B) and Traditional /Ranch (Plan 1A 2A 2C 313) Features include individual porch enures with Craftsman /Cottage style pillars and covered roof shutters pot shelves faux balconies wide window trim and bay windows ANALYSIS TENTATIVE TRACT MAP NO 33370 (FOR CONDOMINIUM PURPOSES Primary concerns dealing with condominium projects are the establishment of appropriate mechanisms to ensure the successful and consistent aesthetic appearance of residential complexes Moreover the establishment of untrustakable rules and boundaries or covenants conditions and restrictions (CC &R s) for ownership interest and maintenance responsibilities of common areas as well as individual areas within the units sold will be required The establishment of the CC &R s corroborating each of these elements will be recorded against the project as a condition of approval Additionally a homeowner s association (H OA) must be established prior to the sale of the first unit sold The HOA will be empowered to admuuster and enforce the various elements of the CC &R s To accomplish this homeowners associations in most cases will establish monthly fees that cover aspects such as landscape maintenance parking lot maintenance (utility infrastructure improvements) Likewise architectural design committees are often established to guarantee consistent design improvement within complexes Additionally Staff has added a condition of approval pursuant to Section 17 30 040 (Documents Requited) of the LEMC which will require that a homeowners association be established prior to the sale of the first dwelling unit The plan submitted has been found acceptable by staff The CC &R s will contain language considered necessary to address more specific ownership interest and maintenance responsibilities AGENDA ITEM NO - ,c0 --- PACE I OF—f�) I_ PLANNING COMMISSION STAFF REPORT OCTOBER 4, 2005 Page 6 of 13 PROJECT TITLE MITIGATED NEGATIVE DECLARATION NO 2005 07 TENTATIVE TRACT MAP NO 33370 (FOR CONDOMINIUM PURPOSES), CONDITIONAL USE PERMIT NO 2005 01, AND RESIDENTIAL DESIGN REVIEW NO 2005 02 — APN 373 071018 RESIDENTIAL DESIGN REVIEW NO 2005 02 Sitting The proposed site plan meets or exceeds the requirements of Chapter 1714 (Residential Development Standards), Chapter 17 28 (R 3 Medium High Density Residential District) and Chapter 17 66 (Parking Requirements) of the LEMC Additionally the applicant has exceeded the requirement contained in Chapter 17 28 (R 3 Medium High Density Residential District) of the LEMC in that the applicant is proposing thirty eight percent (38 %) building coverage instead of the allowed sixty percent (60 %) coverage the dwelling unit per net acre is 13 2 du /ac instead of the allowed 18 du /ac and 328 parking spaces are provided instead of the 298 parking spaces required Noise According to the Noise Study prepared by Urban Crossroads on August 26 2005 the future noise from Franklin Street and 115 Freeway are the principal sources of noise It was found that the site would experience exterior noise levels that exceed the City s exterior noise standards of 60 dBA The recommended mitigation measures require the applicant to build a six foot (6� to eight foot (8) high noise barrier along both Franklin Street and Avenue 5 In addition several of the units will be required to use upgraded dual glazed windows with a Sound Transmission Class (STC) rating of 29 or higher A window closed condition shall be provided for all units in Lots 1 2 3 4 11 and 12 facing Franklin Street and Avenue 5 All recommended mitigation measures shall be Conditions of Approval for the project (see attached Mitigated Monitoring & Reporting Program for further details) Tra c A Traffic Study was prepared by Urban Crossroads Inc on August 3 2005 The objectives of the traffic analysis included (1) documentation of existing traffic conditions in the vicinity of the site (2) evaluation of the traffic conditions for (2007) with and without the proposed project and (3) determination of on site and off site improvements and system management actions needed to achieve City of Lake Elsinore s level of service requirements under 2007 with project conditions Foremost the Traffic Impact Analysis referenced herein found that three intersections were anticipated to operate at a Level of Service (LOS) E or F without the proposed improvements These intersections are Main Street @ 115 northbound ramps (EW) Main Street @ I 15 southbound ramps (EW) Main Street and Franklin Street and Franklin Street @ Auto Center Drive Mitigation measures agreed upon between the City and the applicant include 1) install traffic signal at Main Street at Franklin construct eastbound left turn lane and construct westbound left turn lane 2) in heu of installation of traffic signals at the Main Street /I 15 northbound and southbound signalization the applicant shall pay the Transportation Uniform Mitigation Fees (TUMP) and AGENDA 1'TEM NO U� �, PAGE'-'t�,')- OF�_ PLANNING COMMISSION STAFF REPORT OCTOBER 4 2005 Page 7 of 13 PROJECT TITLE MITIGATED NEGATIVE DECLARATION NO 2005 07 TENTATIVE TRACT MAP NO 33370 (FOR CONDOMINIUM PURPOSES), CONDITIONAL USE PERMIT NO 2005 01, AND RESIDENTIAL DESIGN REVIEW NO 2005 02 — APN 373 071018 Transportation Impact Fees (TIF) Other improvements consist of 1) Street A at Franklin Street shared northbound left /tight tam lane (E\V) and 2) Avenue 5 at Franklin Street shared northbound left /right turn lane (EW) The project has been conditioned to meet these suggested requirements Circulation and Parking Space Lavout The circulation and parking layout meets the requirements set forth in Chapter 17 66 (Parking Requirements) of the Lake Elsinore Municipal Code (LEMC) In compliance the applicant has provided 180 covered spaces and 148 open parking spaces (104 spaces in front of garages and 44 spaces on four (4) streets) No compact spaces are being proposed as a part of this application The applicant has provided forty four foot (44) private road widths with a thirty six foot (36� two way drive lanes Parking will be provided on one side of streets B C D and E Parking will not be allowed along the opposite side of these roadways To enforce this the curbs of these roads will be painted red with No Parking Allowed lettering As a result a clear lane of twenty eight feet (28� will be maintained as reviewed and accepted by the Riverside County Fire Department Staff has determined that the circulation shown will present adequate turning radu and turnarounds for emergency and trash and delivery vehicles Pnvate Oben Space The applicant has exceeded the private open space requirement set forth in Chapter 17 28 (R 3 Medium High Density Residential District /Open Space) of the LEMC Each unit is provided with a fenced rear yard or private open space area These private open space areas are approximately 319 square feet each which exceeds the mimmum required private open space area of 100 square feet pursuant to the Chapter 17 28 of the LEMC Archztecture The architectural design of the proposed buildings meets the requirements set forth within Chapter 17 14 (Residential Development Standards) of the LEMC in that the architecture of the buildings has been designed to enhance their immediate surroundings Addmonally the applicant has provided three different elevations for each of the three plans The applicant has provided varying features that include individual porch entries with Craftsman style pillars and covered roof shutters pot shelves faux balconies wide window trim and bay windows Color and Matenals The color and materials proposed for this project meet the nummum requirements set forth within Chapter 17 14 (Residential Development Standards) of the LEMC in that the colors and materials AGENDA ITEM NO � 0— PAGE '32 OF f% I PLANNING COMMISSION STAFF REPORT OCTOBER 4, 2005 Page 8 of 13 PROJECT TITLE MITIGATED NEGATIVE DECLARATION NO 2005 07 TENTATIVE TRACT MAP NO 33370 (FOR CONDOMINIUM PURPOSES), CONDITIONAL USE PERMIT NO 2005 01, AND RESIDENTIAL DESIGN REVIEW NO 2005 02 — APN 373 071018 proposed will create a sensitive alteration of colors and materials producing diversity and enhancing the architectural effects ENVIRONMENTAL DETERMINATION The proposed Mitigated Negative Declaration No 2005 07 has been prepared pursuant to Article 6 (Negative Declaration Process) and Section 15070 (Decision to Prepare a Negative or Mitigated Negative Declaration) of the California Environmental Quality Act (CEQA) Based on staff's evaluation the proposed project will not result in any significant effect on the environment Further pursuant for Section 15073 (Public Review of a Proposed Negative Declaration or Mitigated Negative Declaration) of the California Environmental Quality Act (CEQA) the intended Mitigated Negative Declaration was submitted to the State Clearinghouse on September 9 2005 for the required 30 day review period which will end on October 11 2005 prior to City Council consideration (SCH No 2005091060) Staff received two (2) comment letters on the Mitigated Negative Declaration 1) California Regional Water Quality Control Board dated September 21 2005 (No comments were received from the Department of Fish and Game) (copy attached) and 2) Riverside County Transportation Commission dated September 19 2005 were received(copy attached) The Water Quality Control Board stated that there is a riparian habitat located immediately to the east of the site although not within the site boundaries itself The Water Quality Control Board advised that the projects proposed detention basis which collects onsite stormwater use appropriate Best Management Practices (BMPs) and assure that offsite flows do not impact the isolated riparian channel In response Staff has added a Condition of Approval that states that the applicant shall completely avoid the area identified by the California Regional Water Quality Control Board as riparian habitat This mitigation shall be added to the Mitigation Monitoring and Reporting Program as well The Riverside County Transportation Conumssion states their support for the City's TUMF mitigation measures (copy attached) STAFF'S RECOMMENDATION Staff recommends that Planning Commission adopt Resolution No 2005 ! recommending City Council adoption of Mitigated Negative Declaration No 2005 07 Resolution No 2005 recommending to the City Council approval of Tentative Tract Map No 33370 (For Condominium Purposes) Resolution No 2005 _ recommending to the City Council approval of Residential Design Review No 2005 02 Resolution No 2005 _ approving Conditional Use Permit No 2005 01 based on the following Findings Exhibits and attached Conditions of Approval AGENDA ITEM 4 No PAGE %Qe PLANNING COMMISSION STAFF REPORT OCTOBER 4, 2005 Page 9 of 13 PROJECT TITLE MITIGATED NEGATIVE DECLARATION NO 2005 07 TENTATIVE TRACT MAP NO 33370 (FOR CONDOMINIUM PURPOSES), CONDITIONAL USE PERMIT NO 2005 01, AND RESIDENTIAL DESIGN REVIEW NO 2005 02 — APN 373 071018 FINDINGS — MITIGATED NEGATIVE DECLARATION NO, 2005 04 1 Revision in the project plans or proposal made by or agreed to by the applicant before a proposed mitigated negative declaration and initial study are released for public review would avoid the effects or mitigated the effects to a point where clearly no significant effects would occur and The applicant has made revisions to the p%lect or has agreed to speazfrc conditions which would avoid the effects or mitigate the effects of the project to appoint where no significant effects would occur There is no substantial evidence in the light of the whole record before the agency that the project as revised may have significant effect on the environment Pursuant to the evidence received to the light of the whole record presented to staff the project will not have a ngniflcant effect on the environment considering the apphcable Conditions of Approval and Mitigation Monitoring and Reporting Program FINDINGS — TENTATIVE TRACT MAP (FOR CONDOMINIUM PURPOSES) 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) The project as designed assists in achieving the development of a well balanced and functtonal mix of residential commeretal industrial open space recreational and institutional land uses (GOAL 10 Land Use Element) as well provide decent housing opportunities and a satisfying living environment for residents of Lake Elsinore (GOAL 10 Housing Element) The effects tlus project is likely to have upon the housing needs of the region the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced Considering the effects ibis project is likely to have upon the needs of the region a condition of approval was implemented which would require the applicant to enter into an agreement with the Redevelopment Agency of the City of Lake Elsinore providing 15% of the units to the project as affordable housing units to accordance with the requirements of Section 33413(6) of the California Community Redevelopment Law or an alternative equivalent action which may include (anthout hmztation) dedication of vacant land construction of affordable units on another site or payment of an to Item fee calculated to provide sufficient funds to underwrite the long term affordabiltty of an equivalent number of redevelopment project areas AGENDA REM NO �1J_ PAGE PLANNING COMMISSION STAFF REPORT OCTOBER 4, 2005 Page 10 of 13 PROJECT TITLE MITIGATED NEGATIVE DECLARATION NO 2005 07 TENTATIVE TRACT MAP NO 33370 (FOR CONDOMINIUM PURPOSES), CONDITIONAL USE PERMIT NO 2005 01, AND RESIDENTIAL DESIGN REVIEW NO 2005 02 — APN 373 071018 Subject to the attached conditions of approval the proposed project is not anticipated to result in any significant environmental impact The pryecl has been adequately conditioned by all applicable departments and agencies and will not tberefoie result in any signcant environmental impacts FINDINGS — RESIDENTIAL DESIGN REVIEW NO R 2005 02 1 The project as approved will comply with the goals and objectives of the General Plan and the Zoning District in which the project is located The proposed Residential Design Review contained herein complies with the goals and objectives of the General Plan in that the approval of this Condominium Community =11 assist in achieving the development of a well balanced and functional mix of residential commemal industrial open space recreational and institutional land uses as well as encouraging industrial land uses to diversify Lake Elmnore s economic base 2 The project complies with the design directives contained in Section 17 82 060 and all other applicable provisions of the Municipal Code The proposed Residential Design Review contained herein is appropriate to the site and surrounding developments in that the Condominium project has been designed in consideration of the si .Ze and shape of the property thereby creating interest and varying vistas as aperson moves along the street Further the pryeet asproposed =11 create a msualy pleasing non detractive relationsbip between the proposed and existing projects in the architectural design color and materials and site design proposed evidence a concern for qualtty and ongznaky Subject to the attached Conditions of Approval the proposed project is not anticipated to result in any significant adverse environmental impacts Although the proposed project could have a significant effect on the environment because revisions in the project have been made by or agreed to by the pr ject proponent and significant adverse effects would not be anherpated Further pursuant to the Cahfornia EnmivnmentalQualzty Act (CEQA) the Mitigated Negative Declaration for the proposed Residential Design Review referenced berrin found that the proposed project wall not have a s:gnocant effect on the environment pursuant to the attached Conditions of Approval and mitzgations proposed 4 Conditions and safeguards pursuant to Chapter 17 82 070 of the Zoning Code including guarantees and evidence of compliance with conditions have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17 82 AGENDA ITEM NO _ l PAGE �) 62 OF PLANNING COMMISSION STAFF REPORT OCTOBER 4, 2005 Page 11 of 13 PROJECT TITLE MITIGATED NEGATIVE DECLARATION NO 2005 07 TENTATIVE TRACT MAP NO 33370 (FOR CONDOMINIUM PURPOSES), CONDITIONAL USE PERMIT NO 2005 01, AND RESIDENTIAL DESIGN REVIEW NO 2005 02 — APN 373 071018 Pursuant to Section 17 82 070 (Action of the Planning Commission) of the Lake Elsinore Mumapal Code (LEMC) the proposed Residential Design Review referenced herein has been scheduled for consideration and approval of the Planning Commission FINDINGS — CONDITIONAL USE PERMIT NO 2005 01 The proposed use on its own merits and within the context of its setting is m accord with the objectives of the General Plan and the purpose of the planning distnct in which the site is located In order to achieve a well balanced and functional mix of residential commercial industrial open space recreational and institutional land uses staff has thomughly evaluated the land use compahbikty noise traffic and other environmental ha7,ards related to the proposed Conditional Use Permit for a Condominium Community referenced herein Accordingly thepmposed land use is in concurrence with the objectives of the General Plan and the purpose of the planning district in which the site is located The proposed use will not be detrimental to the general health safety comfort or general welfare of persons residing or working within the neighborhood of the proposed use or the City or injurious to property or improvements in the neighborhood or the City In accord with the purposes of the Chapter 17 74 (Conditional Use Permits) of the Lake Elsinore Munuipal Code the Czty real::Zed that the pmposed condominium use referenced herein may have a potential to negatively impact the welfare of persons residing or working within the neighborhood or the City Considering this staff has substantiated that all applicable City Departments and Agencies have been afforded the opportunity for a thomugh review of the use and have incorporated all applcable comments and /or conditions related to installation and maintenance of landscaping, street dedications regulations ofpoints of vehicular ingress and egress and control of potential nuisances so as to eliminate any negative impacts to the general health safety comfort or general welfare of the surrounding neighborhood or the City The site for the intended use is adequate in size and shape to accommodate the use and for all the yards setbacks walls or fences landscaping buffers and other features required by Title 17 of the LEMC The proposed condominium use referenced herein has been designed in consideration of the size and shape of the properly thereby strengthening and enhancing the immediate industnal area Further theproject asproposed nnll complement the quaho of exrstzng development and well create a visually pleasing non detractive relationship between the proposed and existing projects in that the storage area has been reviewed to ensure adequate provision of scrremng from the public rights of way or adjacent properties 4 The site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use AGENDA ITEM NO — La---- PAGE ' OFD PLANNING COMMISSION STAFF REPORT OCTOBER 4, 2005 Page 12 of 13 PROJECT TITLE MITIGATED NEGATIVE DECLARATION NO 2005 07 TENTATIVE TRACT MAP NO 33370 (FOR CONDOMINIUM PURPOSES), CONDITIONAL USE PERMIT NO 2005 01, AND RESIDENTIAL DESIGN REVIEW NO 2005 02 — APN 373 071 018 The proposed condominium use referenced herein has been reviewed as to its relation to the width and type of pavement needed to carry the type and quantity of traffic generated in that the City has adequately evaluated the potential impacts associated with the proposed outdoor storage prior to its approval and has conditioned the project to be served by roads of adequate capacity and design standards to provide reasonable access by car truck transit and bigele In approving the subject use located south of the I 15 Freeway north of Lakeshore Drive west of Railroad Canyon Road and east of Main Street (APN 373 071 013) there will be no adverse affect on abutting property or the permitted and normal use thereof Theproposed use has been thoroughly reviewed and conditioned by all applicable Czdy Departments and outside Agencies eliminating the potential for any and all adverse effects on the abutting propery Adequate conditions and safeguards pursuant to Section 17 74 50 of the LEMC have been incorporated into the approval of the Conditional Use Permit to insure that the use continues in a manner envisioned by these findings for the term of the use Pursuant to Section 17 74 050 (Action of the Planning Commission) of the Lake Elsinore Municipal Code ( F-MC) the Condominium Community known as Tessera has been scheduled for consideration and approval of the Planning Commission Prepared by Linda M Miller, AICP, Project Planner Reviewed by Approved by Rolfe Preisendanz, Planning Manager Robert A Brady, AICP, City Manager AGENDA ITEM NO PAGE--t� GF PLANNING COMMISSION STAFF REPORT OCTOBER 4 2005 Page 13 of 13 PROJECT TITLE MITIGATED NEGATIVE DECLARATION NO 2005 07 TENTATIVE TRACT MAP NO 33370 (FOR CONDOMINIUM PURPOSES), CONDITIONAL USE PERMIT NO 2005 01, AND RESIDENTIAL DESIGN REVIEW NO 2005 02 — APN 373 071018 ATTACHMENTS 1 Exhibit A Vicinity Map 2 Exhibit B Reductions TTM 33370 for Condo Purposes Site Plan Grading Plan Landscape Plan 3 Exhibit C Full sized exhibits TTM 33370 for Condo Purposes Site Plan Grading Plan 4 Exhibit D Draft Mitigated Negative Declaration /Mmgation Monitoring & Reporting Program / Comment Letters California Regional Water Quality Control Board September 21 2005 and Riverside County Transportation Commission 5 Exhibit B Brochure with Floor Plans Elevations Entry and Color Landscape Plan 6 Exhibit F Colored Elevations /Site Plan (Presented at Hearing) 7 Exhibit G Color and Materials (Presented at Hearing) U \Imiller \ALL FILES \Reports \PC Rpts \Residential Tracts \R 2005 02 TIM 33070 MND 2005 07 CUP 2005 01 10 4 05 revi ed doc AGENDA IiE�I NO PAGEMOF CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO 2005 07, TENTATIVE PARCEL MAP NO 33370 (FOR CONDOMINIUM PURPOSES), RESIDENTIAL DESIGN REVIEW NO 2004 11, AND CONDITIONAL USE PERMIT NO 2005 01 FOR' TESSERA' APN 373 071 018 GENERAL CONDITIONS 1 The applicant shall defend (with counsel acceptable to the City) indemnify and hold harmless the City its Official Officers Employees and Agents from any claim action or proceeding against the City its Official Officers Employees or Agents to attach set aside void or annul an approval of the City its advisory agencies appeal boards or legislative body concerning the Tentative Condominium Map which action is bought within the time period provided for in California Government Code Sections 65009 and /or 66499 37 and Public Resources Code Section 21167 The City will promptly notify the Applicant of any such claim action or proceeding against the City and will cooperate fully with the defense If the City fails to promptly notify the Applicant of any such claim or proceeding the Applicant shall not thereafter be responsible to defend indemnify or hold harmless the City 2 The applicant shall submit a money order cashier s check or check made payable to the County Recorder for filing of a Certification of Fee Exemption De Mmmus Impact Finding in the amount of $64 00 to the Planning Division within 48 hours of the City Council approval date for the required Environmental Filing 3 The applicant shall comply with those tnitigation measures identified in the Mitigated Negative Declaration No 2005 07 /Mitigation Monitoring Report and Program (State Clearinghouse No 2005091060) for the `Tessera project Per mtg w /Rolfe Preisendanz 9 26 05 5 Conditional Use Permit No 2005 01 for the condominium project shall run with the land and shall continue to be valid upon any change of ownership of the site or structure which was the subject of the Conditional Use Permit (CUP) application TENTATIVE PARCEL MAP NO 33370 (FOR CONDOMINIUM PURPOSES) 6 The Tentative Parcel Map will expire two (2) years from date of approval unless within that period of tune the CC &R s and an appropriate instrument has been filed and recorded with the County Recorder or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act 7 The Tentative Parcel Map shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code Title 16 unless modified by approved Conditions of Approval Page I of 12 AGENDA ITEM NO PAGE —f 0 OF CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO 2005 07, TENTATIVE PARCEL MAP NO 33370 (FOR CONDOMINIUM PURPOSES), RESIDENTIAL DESIGN REVIEW NO 2004 11, AND CONDITIONAL USE PERMIT NO 2005 01 FOR "TESSERA" APN 373 071018 8 Prior to final certificate of occupancy of Tentative Parcel Map the improvements specified herein and approved by the Planning Commission and the City Council shall be installed or agreements for said improvements shall be submitted to the City for approval by the City Engineer and all other stated conditions shall be complied with All uncompleted improvements must be bonded for as part of the agreements 9 Prior to issuance of a grading permit the applicant shall prepare and record CC &R s against the condominium complex The CC &R s shall be reviewed and approved by the Community Development Director or Designee and the City Attorney The CC &R s shall include methods of maintaining common areas parking and drive aisle areas landscaped areas including parkways and methods for common maintenance of all underground and above ground utility infrastructure improvements necessary to support the complex In addition CC &R s shall established methods to address design improvements 10 No unit in the development shall be sold unless a corporation association property owner s group or similar entity has been formed with the right to financially assess all properties individually owned or jointly owned which have any rights or interest m the use of the common areas and common facilities in the development such assessment power to be sufficient to meet the expenses of such entity and with authority to control and duty to maintain all said mutually available features of the development Such entity shall operate under recorded CC &R s which shall include compulsory membership of all owners of lots and /or dwelling units and flexibility of assessments to meet changing costs of maintenance repairs and services Recorded CC&R s shall Permit enforcement by the City for provisions requited as Conditions of Approval The developer shall submit evidence of compliance with this requirement to and receive approval of the City prior to making any such sale This condition shall not apply to land dedicated to the City for public purposes 11 Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the covenants conditions and restrictions for each project 12 The Home Owner s Association shall be established prior to the sale of the first dwelling unit 13 Membership in the Home Owner s Association shall be mandatory for each buyer and any successive buyer 14 Reciprocal covenants conditions and restrictions and reciprocal maintenance agreements shall be established which will cause a merging of all development phases as they are completed and embody one (1) homeowners association with common area for the total development of the subject project (Phase I) and the proposed project (Phase II) Page 2 of 12 AGENDA REftfl NO PAGE �OF 1 CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO 2005 07, TENTATIVE PARCEL MAP NO 33370 (FOR CONDOMINIUM PURPOSES), RESIDENTIAL DESIGN REVIEW NO 2004 11, AND CONDITIONAL USE PERMIT NO 2005 01 FOR "TESSERA" APN 373 071018 15 In the event the association or other legally responsible person(s) fail to maintain said common area in such a mannet as to cause same to constitute a public nuisance said City may upon proper notice and hearing institute summary abatement procedures and impose a hen for the costs of such abatement upon said common area individual units or whole thereof as provided by law 16 Each unit owner shall have full access to commonly owned areas facilities and utilities RESIDENTIAL DESIGN REVIEW NO 2005 02 17 Design Review approval for Residential Design Review No 2005 02 will lapse and be void unless building permits are issued within one (1) year of City Council approval The Community Development Director may grant an extension of time of up to one (1) year per extension prior to the expiration of the initial Design Review approval Application for a time extension must be submitted to the City of Lake Elsinore one (1) month prior to the expiration date 18 Conditions of Approval shall be reproduced on page one of building plans subimtted to the Building Division Plan Check All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities 19 The dwelling units are two story without elevators and therefore are exempt from accessibility requirements The pool area must comply with all accessibility as outlined in the 2001 California Building Code Sections 1104B 4 3 and 1132B 2 If restroom facilities are provided at the pool area they must be accessible to the Physically Disabled 20 All site improvements approved with this request shall be constructed as indicated on the approved exhibits and /or attachments contained herein Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval or the Planning Commission /City Council through subsequent action 21 All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets Any material covering the roof equipment shall match the primary wall color 22 All exterior on site lighting shall be shielded and directed on site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture All light fixtures shall match the architectural style of the building Page 3 of 12 AGENDA REM[ NO PACE l ' of CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO 2005 07, TENTATIVE PARCEL MAP NO 33370 (FOR CONDOMINIUM PURPOSES), RESIDENTIAL DESIGN REVIEW NO 2004 -11, AND CONDITIONAL USE PERMIT NO 2005 01 FOR ` TESSERA APN 373 071 018 23 The applicant shall meet Americans with Disabilities Act (ADA) requirements The club house shall comply with all ADA requirements including an accessible path of travel from the public way and including an accessible parking space Any common use areas would also be subject to accessibility requirements 24 Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee 25 Applicant shall use roofing materials with Class A fire rating 26 The Planning Division shall approve the location of any construction trailers utilized during construction All construction trailers shall require a $1000 00 cash bond processed through the Planning Division 27 Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee 28 Decorative paving shall be included at the entryway and shall be shown on the construction drawings submitted to Building and Safety 29 Parking stalls shall be double striped with four inch (4 ) lines two feet (2) apart 30 All exposed slopes in excess of three feet (3 ) in height shall have a permanent irrigation system and erosion control vegetation installed approved by the Planning Division PRIOR TO THE ISSUANCE OF A GRADING PERMIT 31 Prior to the 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 any grading permit or building pernuts the applicant shall sign and complete an Acknowledgement of Conditions form and shall return the executed original to the Planning Division for inclusion in the case records 33 The applicant shall submit a photometric study for those light standards located in the proposed condominium project Said study shall ensure that parking lot lights will not disturb neighboring land uses and shall be approved by the Cotmnumty Development Director or designee Page 4 of 12 AGENDA 118WINO_ PAGE4OP CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO 2005 07, TENTATIVE PARCEL MAP NO 33370 (FOR CONDOMINIUM PURPOSES), RESIDENTIAL DESIGN REVIEW NO 2004 11, AND CONDITIONAL USE PERMIT NO 2005 01 FOR "TESSERA" APN 373 071018 PRIOR TO ISSUANCE OF A BUILDING PERMIT 34 Prior to the issuance of budding perinits the applicant shall enter into an agreement with the Redevelopment Agency of the City of Lake Elsinore to provide 15% of the units in the project as affordable housing units in accordance with the requirements of Section 33413(b) of the California Community Redevelopment Law or an alternative equivalent action which may include (without limitation) dedication of vacant land construction of affordable units on another site or payment of an in hen fee calculated to provide sufficient funds to underwrite the long term affordability of an equivalent number of affordable dwelling units constructed or substantially rehabilitated on other sites within the City s redevelopment project areas 35 Prior to the issuance of the first budding permit the applicant shall annex into Community Facilities District No 2003 1 to offset the annual negative impacts of the project on public safety operations and maintenance issues in the City 36 Prior to the issuance of the first budding permit the applicant shall annex into Lighting and Landscape Maintenance District No 1 to offset the annual negative fiscal impacts of the project on public right of way landscaped areas to be maintained by the City and for street lights in the public right of way for which the City will pay for electricity which includes a maintenance fee to Southern California Edison 37 Upon eampletion of the Fire Station impaet Stedy and other ft"paet fee studies develapet sh*U P hmpaet fee Per mtg w /Rolfe Preisendanz and Matt Pressey 9 26 05 Per mtg w /Rolfe Preisendanz 9 29 05 39 Pursuant to Ordinance No 1124 prior to the issuance of a budding permit the applicant shall pay the applicable Multiple Species Habitat Conservation Plan (MSHCP) Fee of $1057 00 per lot 40 Three (3) sets of the Final Landscaping /Irrigation Detail Plan shall be submitted reviewed and approved by the City s Landscape Architect Consultant and the Community Development Director or designee prior to issuance of budding perrrut A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultants fee plus forty percent (40 %) City fee a All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods Page 5 of 12 AGENDA RE/M,NO PACE T Of 1 CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO 2005 07, TENTATIVE PARCEL MAP NO 33370 (FOR CONDOMINIUM PURPOSES), RESIDENTIAL DESIGN REVIEW NO 2004 11, AND CONDITIONAL USE PERMIT NO 2005 01 FOR' °TESSERA" APN 373 071018 b Applicant shall plant street trees selected from the City s Street Tree List a maximum of thirty feet (30) apart and at least twenty four inch (24 ") box in size c All planting areas shall be separated from paved areas with a six inch (6 ") high and six inch (6 ) wide concrete curb d Planting within fifteen feet (15) of ingress /egress points shall be no higher than thirty six inches (36 ) e Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years f Any transformers and mechanical or electrical equipment shall be mdtcated on landscape plan and screened as part of the landscaping plan g The landscape plan shall provide for ground cover shrubs and trees and meet all requirements of the City s adopted Landscape Guidelmes Special attention to the use of Xenscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering h All landscape improvements shall be bonded 100% 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 with approval /acceptance by the Landscape Consultant and Community Development Director or Designee i All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any budding All planting areas shall include plantings in the Xenscape concept drought tolerant grasses and plants 1 Final landscape plan must be consistent with approved site plan k Final landscape plans to include planting and irrigation details 41 Apphcant shall comply with the requirements of the Elsinore Valley Municipal Water District Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval 42 Prior to issuance of building pertmts applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid 43 Prior to issuance of building permits applicant shall provide assurance that all requirements of the Riverside County Fite Department have been met 44 Prior to issuance of building permits applicant shall pay park in heu fee in effect at time of building Page 6 of 12 AGENDA ITZOF PAGE_ CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO 2005 07, TENTATIVE PARCEL MAP NO 33370 (FOR CONDOMINIUM PURPOSES), RESIDENTIAL DESIGN REVIEW NO 2004 11, AND CONDITIONAL USE PERMIT NO 2005 01 FOR ° °TESSERA" APN 373 071018 permit issuance 45 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 46 Pay all Capital Improvement and Plan Check fees (LEMC 16 34 Resolution 85 26) 47 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 dus letter prior to final map approval 48 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 lus agent 49 Provide fire protection facilities as required in writing by Riverside County Fire Secure from Fire Department approval of the 36 feet curb to curb wide street with parked cars on one side as fire lanes and turning radius at intersections of two 36 feet curb to curb streets for fire engines 50 In accordance with the City s Franchise Agreement for waste disposal & recycling the applicant shall be required to contract with CR &R Inc for removal and disposal of all waste material debris vegetation and other rubbish generated during cleanuig demolition clear and grubbing or all other phases of construction If the applicant is not using CR&R Inc for recycling services and the recycling material is either sold or donated to another vendor the applicant shall supply proof of debris disposal at a recycling center including verification of tonnage by certified weigh master tickets 51 All open space and slopes except for public parks and schools and flood control district facilities outside the public right of way will be owned and maintained by either a homeowners association or private property owner 52 Applicant shall record CC &R s for the tract prohibiting on street storage of boats motorhomes trailers and trucks over one ton capacity roof mounted or front yard microwave satellite antennas The CC &R s shall be approved by the Community Development Director prior to recordation of final map 53 Applicant shall cause to be recorded a CC &R s with recordation of final map wluch provides for irrevocable reciprocal parking circulation loading and landscape maintenance easement in favor of the units in each lot subject to the approval of the Director of Community Development and the City Attorney The CC&R s shall enforce standards of building maintenance participation in landscape maintenance prohibition of outside vehicle or material storage 54 Applicant shall provide a homeowner s association with CC &R s for maintenance of the open space Page 7 of 12 AGENDA REM NO PAO7_OF t= CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO 2005 07, TENTATIVE PARCEL MAP NO 33370 (FOR CONDOMINIUM PURPOSES), RESIDENTIAL DESIGN REVIEW NO 2004 11, AND CONDITIONAL USE PERMIT NO 2005 01 FOR "TESSERA" APN 373 071018 55 Existing access easements over property if any must be addressed to the satisfaction of the easement owners prior to final map approval Street Improvements 56 Construct all public works improvements per approved street plans (LEMC 12 04) Plans must be approved and signed by the City Engineer prior to final map approval (LEMC 16 34) Franklin Street shall be improved from property line to one foot beyond centerline of Franklin Street and it will extend within the frontage of the property plus any transition beyond as required per approved street improvement plans Avenue 5 will be graded within the 60 feet wide right of way Avenue 5 shall be improved from property line to m,mmum of 12 feet beyond center line of Avenue 5 and within full length of the property on Avenue 5 57 Street improvement plans and specifications shall be prepared by a Calif Registered Civil Engineer Improvements shall be designed and constructed to Riverside County Road Department Standards latest edition and City Codes (LEMC 12 04 and 16 34) Franklin Street and Avenue 5 plans shall show profiles at centerhne and top of curb to 50 foot beyond the property frontage length The profile of the Avenue 5 plans shall be designed from intersections of Franklin Street to Mill Street 58 Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval 59 Desirable design grade for local streets should not exceed 9% The maximum grade of 15% should only be used because of the design constraints 60 Interior streets shall be designed with maximum 5% as the desired grade and intersecting streets shall meet at a maximum grade of 6% Each leg of the intersection approach shall be a mimmum of 40 feet long at a maximum 6% grade 61 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) 62 All compaction reports grade certifications monument certifications (with tie notes delineated on 8 '/2 x 11 Mylat) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved 63 The applicant shall install two permanent benchmarks to Riverside County Standards and at a location to be determined by City Engineer Page 8 of 12 AGENDA ITEM No� PAGE�_oF CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO 2005 07, TENTATIVE PARCEL MAP NO 33370 (FOR CONDOMINIUM PURPOSES), RESIDENTIAL DESIGN REVIEW NO 2004 11, AND CONDITIONAL USE PERMIT NO 2005 01 FOR 11TESSERA' APN 373 071 018 64 Provide street lighting at interval of 200 +/_ 20 feet and show lighting improvements as part of street improvement plans as required by the City Engineer Revise street lighting on Franklin Street to provide street lights at intersection of Street A with Franklin Street and on Avenue 5 and its intersection with Street D 65 Developer shall install blue reflective pavement markers in the street at all fire hydrant locations 66 Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to final map approval 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 67 All improvement plans and tract maps shall be digitized At Certificate of Occupancy applicant shall submit tapes and /or discs which are compatible with City's ARC Info /GIS or developer to pay $1000 per sheet for City digitizing 68 All utilities except electrical over 12 kv shall be placed underground as approved by the serving utility 69 Intersection site distance shall meet the design cntena of the CALTRANS Design Manual (particular attention should be taken for intersections on the inside of curves) If site distance can be obstructed a special limited use easement must be recorded to htrut the slope type of landscaping and wall placement 70 Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered civil engineer 74 haeal 9tteets shall have si3ay (60) ft tight of way with forty (40) ft eurb to eurb Restrieted lee dAuhl_ 18_1_d qtreetq AA qnt have less .L_..., 50 A ..., t of vefty _= ffi 36 f. ...__L_ to _uth and a 3 ft tiftlity eitsement aft efteh side of the seeet Single 6nded laeftl st±eets shaH fiat have less than a 44 ft right of way with ftad ft 36 ft etttb Per mtg w /Rolfe Preissendanz 9 29 05 Traffic 72 Developer has submitted a traffic study it has been reviewed by City Traffic Engineer The study show that the volume of traffic will impacts the intersection of the Main Street and Franklin Street and that the mtersection needs to be signalized to mitigate the impact 73 The Study also shows that the centethne radius of Franklin Street at the northeast comer of the project should be a minimum of 300 feet Page 9 of 12 AGENDA ITEM NO PAGE OF CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO 2005 07, TENTATIVE PARCEL MAP NO 33370 (FOR CONDOMINIUM PURPOSES), RESIDENTIAL DESIGN REVIEW NO 2004 11, AND CONDITIONAL USE PERMIT NO 2005 01 FOR' TESSERA" APN 373 071018 74 The General Plan calls for extension of Pottery Street to Auto Center Drive to fit between the northeast comer of this project and the freeway Traffic study shows that there is no need to dedicate additional right of way for this purpose 75 Developer shall construct four way traffic signal system at the intersection of Franklin Street and Main Street The poles and arms of the traffic signals shall be compatible with the downtown area architectural design theme Developer shall be reimbursed for the traffic signal system through the City s TIF funds 76 No residential lot shall front any public roads access to the project shall be restricted on Franklin Street and Avenue 5 and so noted on the final map Grading 77 Apply and obtain a grading permit with appropriate security prior to building permit issuance A grading plan signed and stamped by a Calif Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer If the grading is less than 50 cubic yards and a grading plan is not required a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins 78 Applicant shall obtain all necessary off site easements for off site grading from the adjacent property owners prior to final map approval 79 Provide soils geology and seismic report including street design recommendations Provide final soils report showing compliance with recommendations 80 All grading shall be done under the supervision of a geotechmcal 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 81 Prior to commencement of grading operations applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material Such routes shall be subject to the review and approval of the City Engineer 82 Applicant to provide to the City a photographic baseline record of the condition of all proposed public City haul roads In the event of damage to such roads applicant shall pay full cost of restoring public roads to the baseline condition A bond may be required to ensure payment of damages to the public right of way subject to the approval of the City Engineer Page 10 of 12 AGENDA REM NO - oPAOe�F CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO 2005 07, TENTATIVE PARCEL MAP NO 33370 (FOR CONDOMINIUM PURPOSES), RESIDENTIAL DESIGN REVIEW NO 2004 11, AND CONDITIONAL USE PERMIT NO 2005 01 FOR "TESSERA" APN 373 071018 Drainage 83 Individual lot drainage shall be conveyed to a public facility mcludmg streets and /or drainage channel, or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement 84 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 85 All natural drainage traversing site shall be conveyed through the site or shall be collected and conveyed by a method approved by the City Engineer 86 Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map Developer shall mitigate any flooding and /or erosion caused by development of site and diversion of drainage 87 Identify potential runoff pollutants associated with the proposed project and address it in project specific WQMP 88 The detention basm shall address Hydraulic Conditions of Concern It shall achieve post development runoff flow rates volumes velocities and durations that prevents significant increases in down stream erosion compared to the pre development condition and prevent significant adverse impact on adjacent properties during the 2 year and 10 year 24 hour rainfall event 89 Address the water quality and passageway of the daily nuisance runoff thru the detention basm /water quality area 90 Address stl� of streets of dev:eleptnettt form the runaff of property an the weat of the site that drains throtigh the sti-eefs of the developed per mtg w /Rolfe Preisendanz 9 29 05 91 Provide outlet structure and nprap at storm drain outlet 92 All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards 93 Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system the wording and stencil shall be approved by the City Engineer 94 Roof and yard drams will not be allowed to outlet directly through cuts in the street curb Roof drams must be drained to a landscaped area or be treated per WQMP requirements prior to release into public drainage system or other properties Page 11 of 12 AGENDA ITEM ;0 PAGE _0 "r CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO 2005 07, TENTATIVE PARCEL MAP NO 33370 (FOR CONDOMINIUM PURPOSES), RESIDENTIAL DESIGN REVIEW NO 2004 11, AND CONDITIONAL USE PERMIT NO 2005 01 FOR "TESSERA" APN 373 071 018 95 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 is exceeded drainage facilities should be installed 96 A di-ftmage fteeeptance letter vA be neeesgary from the davenstream property owners for out leteflg thee piapaged stermwitter van off aft private prepetty Per meeting w /Rolfe Preisendanz 9 29 05 97 Address inereased rtmaff due to t-19—is development into downstreftm ptepetaes Provide storm dr fitethty foi- the Ave"tte 5 sti"autidmg watershed fiam &tit let of the on site detention basin to fta out le into emsa" drftffl diteh in Pell street Per meeting w /Bob Brady 9 29 05 98 Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed 99 Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System ( NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits The applicant shall provide a SWPPP for post construction which describes WQMP that will be implemented 100 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 Dedication 101 Dedicate a 30 wide strip of street right of way along the easterly property line along Avenue 5 Dedicate additional right of ay for a standard comer cutback for the future curb return at the northeasterly comer of the lot for a 300 feet tadtus horizontal curve at centerline of Franklin Street See Traffic section for other possible dedication requirements Miscellaneous 102 Show location of all perimeter walls on Tentative Tract Map End of Conditions Note * Italics indicates addition to text strili ethretigh indicates removal from text U \Irn lu \ALL FILES \Condmons of Approval \2005 \PC CofA 10 5 05 L=os MND 2005 07 1TM 33370 R 2005 02 CUP 2005 01 doc Page 12 of 12 AGENDA IEEl41 NO_ �\ n PAGE� _Op —^, CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT A BRADY, CITY MANAGER DATE SEPTEMBER 11, 2007 SUBJECT HEWLETT - PACKARD UNIVERSAL SERVER RACKS PURCHASE BACKGROUND As part of IT server room upgrade /SAN Upgrade (CIP GEN -0013, GEN 002), consider purchase of Hewlett- Packard Universal Racks for protective mounting of computer servers and uninterrupted power supply equipment DISCUSSION Information Technology is installing protective racks, server mounts and low profile enterprise level servers to maximize IT room floor space and for improved disaster recovery Enterprise level servers are designed to fit in Universal Rack Systems that are shock resistant and elevated from the floor to prevent failure from water intrusion The 42U Universal Rack can prolong system life by improving air ventilation and cooling A second nuni 14U Universal Rack is for housing planned disaster recovery systems at the Public Works Yard Both racks are needed to move forward with the purchase of disaster recovery hardware, low- profile servers and related services These IT room improvements can help prevent IT outages that greatly inconvenience staff and citizens, while helping to reduce the Total Cost of Operation (TCO) Agenda Item No �4 Page 1 of 9 Report to City Council — Hewlett Packard Universal Server Racks Purchase September 11 2007 Page 2 FISCAL IMPACT The cost to purchase the 42U HP Universal Rack System and 14U Universal Rack System is $11988, including all necessary hardware and installation services This cost is included in the FY 2007 2008 Capital Improvement budget Consistent with the City s practice of making information technology purchases under the California Municipal Awards Schedule (CMAS), this hardware qualifies for purchase under the state and local government CMAS or WSCA pricing schedule Both CMAS and Western States Contract Alliance (WSCA) pricing ensures competitive pricing at Government Services Administration (GSA) rates HP provides a lifetime warranty service, which also helps keep the City s cost of repairs and maintenance down This purchase is exempt from the City s purchasing policy requiring informal bids because it is in the best interest of the City to use CMAS or WSCA government pricing for information technology purchases RECOMMENDATION Staff recommends that the City Council authorize the City Manager to approve the purchase of the Hewlett Packard Universal Racks for the Information Technology Division PREPARED BY MARK DENNIS, INFORMATION /COMMUNICATIONS MANAGER APPROVED FOR AGENDA BY Agenda Item No Page Z-- of 4 To City of Lake Elsinore 130 South Main Street Lake Elsinore CA 92530 Attic Toby Soto Phone 951 674 3124 Fax 951 674 2392 Email tsoto @lake elsmore org t: l_ i n v e n t Legal Quotation In reply to your request 42U Rack HP Quote # Created Expires PCBC 00888 00 8/22/2007 11/20/2007 Your HP Sales Contact Roger Archuleta Phone 888 202 468215510 Fax Email roger archuleta @hp com Payment Terms Net 30 days sub3ect to credit approval Submit Purchase Order To Rita Kraynik Phone 916 785 7822 Fax 800 386 1118 Email rita kra3mik @hp com 8000 Foothills Blvd MS 5578 Roseville CA 95747 Solution Net Price Hardware Total $712585 Software Total $000 Support Total $47500 Other $000 Sub Total $7 600 85 Shipping and Handling $000 Grand Total $760085 Estimated Delivery upon order entry 2 weeks Delivery Method Standard Delivery Duty Paid Shipping & Handling and Special Handling Exempt Print Date 8222007 10 46 23AM AGENDA ITEM NO PAGE 3 OF g The following structured solution items 0100 and subdems is offered for sale with a defined configuration menu and solution adjustment Changing the configuration may affect the offer No Qty Product Description .� i 3y 4 Disc % Unit List Price/ Di count amount Extended Item Net Price Estimated Del very upon order retry 0100 1 AF002A HP Un mal Rack 10642G2 Sh k Rack 500 148900 5 d ys 500% ePA #A4Y30 (8/31/2009) 500 7445 14145 1 Opt 001 F ct ry Express Base Ra to g 500 75000 5 days 5 00% see PA# A4Y30 (8/31/2009) 500 3750 71250 0200 1 AG052A HP TFT7600 US Rckmnt Keybrd 17m Momtor 000 2 199 00 2 199 oc 5 days 1 Opt ODl F ctory teg aced 5 days 0300 3 AF556A HP 183m 10A C13 UL US Pwr Co d 000 1000 30 oc 5 days 3 Opt ODI Factory t g ted 5d ys 0400 1 AF062A HP 10K G2 600W Stabd a Kit 500 22900 5 days 500 %see PA #A4Y30 (8/31/2009) 500 1145 2175 t Opt BOl I cl d with complete cyst to 5 d ys 0500 1 AF054A HP 10642 G2 S depanel Kit 500 35900 5 d ys 500% PA #A4Y30 (8/31/2009) 500 1795 3410 I Opt OD1 Factory t grated 5d ys 0600 1 336045 B21 HP CATS 0 2 16 KVM S ry C 1 Swit h 500 109900 5 days 5 00% see PA# A4Y30 (8/31/2009) 500 5495 1044 0 1 Opt ODl F t ry, t g led 5 days 0700 1 263474 B22 HP IF CATS Qty 8 6ft /2m Cable 500 3800 2 weeks 500% PA# A4Y30 (8/31/2009) 500 190 361 1 Opt ODl F ctory, teg ated 2 weeks 0800 2 263474 B21 HP IF CATS Qty 4 3ft /lm C bl 500 1600 2 weeks 5 00% see PA# A4Y30 (8/31/2009) 500 080 30 4 2 Opt ODl F ct ry t g t d 2weeks 0900 1 262587 B21 HP IP Co sal 8p k I t rf Adapt 500 70900 5 days 00 %se PA# A4Y30 (8/31/2009) 500 3545 67355 1 Opt OD1 Factory mtegrated 5days 1000 1 HA113A1 HP I tall ho Service 1 Opt 5BY Ra k d R ck Oph I tall t Soo 50000 5 00 %se PA# A4Y30 (8/31/2009) 500 2500 475 0 1100 1 252663 D71 HP 24A Low V ]tag US /JP M d lar PDU 500 33800 5d ys 5 o0 %see PA# A4Y30 (8/31/2009) 500 1690 3211 1200 1 292407 B21 HP N two Iq g C bl M nag in t Kit 536 11200 2w ks 36% see PA# MY30 (8/31/2009) 5 36 6001 10600 I G and Total r $760085 HP Confidential and Pronnetary Information Do Not Share Shipping and handling charges are slated separately for Hewlett Packard standard transportation and not included in product W. ND Delivery quoted is in weeks Taxes if apphcable are not included Payment on partial shipments will be considered accep '' 11 CCMM 1 ' NO— otherwise noted on your purchase agreement All prices are for USA end use only r1A C �( P to 8 /xz /z0o710462r3AMG i---OF o" I n v e n t Legal Quotation Quote Number Page PCBC 00888 00 2 Th term and do fth W ImStI C tr t gAll an (WSCA) tr t umber A63309 pplymany d pla ed re It fth q ry N titer t rm and d It It II pply PI as fm th tr I wh pl San d F paym t pulp ly no 11 n p h and apt= ar d m d t t in f d 1 ery Th p yin t term f th rd ( I d g b t it in ted t hardware(HW) ftware(SW) HW /S W S pport and lost Ilat w th th ptacha f prod t) I d w th th L gal Q t t ar N t 30 d y from 8t dal f th Th f th d w 11 g t t th am tin th hardw m and/ softwar prod t( ) h p d p ym t for all reins expected w th 30 days p N pt f proper wh the I th Mil t N. has mod t th t m p yin t d If y t p t th t y t Rat to w 11 t b wady w th 30 d y f del uy pl ase r a y or HP 1 mprese tat t d re It ro t p ng ph Hardware T tl Passe At At D 1 ry N to d Plac f D t t PI ref re H wl it Pack rd g t mb ptachas gre ro t mb ( f ppl bl ) t in q and th f II w g f nn t any Ili g porohas d Y w req t d d I ry d t Th m and t lephon mber f th d d l who rs th end = tact th t Hew1m Packard m y 11 f prod t supp it format If ppl bl y pport d hf handl nam any p n mly porches d pp n trait m g th y t m wh It any ftwar li re g t d w 11 be tail d Th pport d t IF hand) tit as Ign d wh pp it gre meet purchas d PI as t t y Hewett Packard S 1 R present h Id y It y t hn I q t as y th q t HP has f an g pt f t It I gy 1 t ns f th E d U If th US pl as tact th HP T It 1 gy Fmm ropresmut m 111 888 999 HPTF (4783) f m re f no t m f Caned pi 111 800 HP LEASE (1 800475 3273) Pr ar 1 f I I dd d d tb tax Wh pph b1 h tax w II pp epar t t m HF Sh Id th tcmO b g g t d h ro b mpt from I tax p1 as on um that th ppmp t I d Tax E empt C rt f t f mg H.1 n Packard C mpany as th d be f rward d t y w H wl tt Packard Ord Proc g COOM t U 1 d t d d ff ro tly th q t bjwt t th term end d t es t f nh y pashas gr ro t A4Y30 C I f in I w req 11 t f y l g f f laptop mp ters LCD d ktop in tors end CRT (m rotors and TV ) F more f ma non g to www hp m/g /hw, y l APpI wb1 y l g f to y i b tell t d th q tat S b f w III, in l d d y po d HP CONFIDENTIAL AND PROPRIETARY INFORMATION DO NOT SHARE HP Confidential and Proprietary Informration Do Not Share Shipping and handling charges are stated separately for Hewlett Packard standard transportation and not included in product prices quoted Delivery quoted is in weeks Taxes if applicable are not included Payment on partial shipments will be considered acceptable unI otherwise noted on your purchase agreement All prices are for USA end use only AGEeKDA ITEM NO P. to to 8/22/2007 10 46 23Ahi1AGE OF To City of Lake Elsinore 130 South Main Street Lake Elsinore CA 92530 Atha Toby Soto Phone 951 674 3124 Fax 951 674 2392 Email tsotolalake elsmore org J ) i n v e n t Legal Quotation In reply to your request 14U Rack HP Quote # Created Expires PCBC 00893 00 8/22/2007 11/20/2007 Your HP Sales Contact Roger Archuleta Phone 888 202 468215510 Fax Email roger archuleta @hp corn Payment Terms Net 30 days subject to credit approval Submit Purchase Order To Rita Kraynik Phone 916 785 7822 Fax 800 386 1118 Email nta kraynik@hp com 8000 Foothills Blvd MS 5578 Roseville CA 95747 Solution Net Price Hardware Total $3 912 15 Software Total $000 Support Total $47500 Other $000 Sub Total $438715 Shipping and Handling $000 Grand Total $4 387 15 Estimated Delivery upon order entry 2 weeks Delivery Method Standard Delivery Duty Paid Shipping & Handling and Special Handling Exempt Pont Date 8/22/2007 11 07 55AM AGENDA ITEM NO PAGE OF The following structured solution items 0100 and subltems is offered for sale with a defined configuration menu and solution adjustment Changing the configuration may affect the offer No Qty Product D serrpnon fl Dmc % Un t last Price/ D scount amount Ext tided Item Net Price Estimated D 1 very upon order entry 0100 1 252663 D71 HP 24A Low V Itage US /JP Mod lar PDU 500 338 00 5d ys 00 %see PA# A4Y30 (8/31/2009) 500 1690 3211 0200 l 292407 B21 HP Netwo In g Cable M ag in t Kit 536 11200 2 weeks 5 36% see PA# A4Y30 (8/31/2009) 536 6 00 10600 0300 1 292302 B22 HP Rack 510614 14U C b t Sh k Pall t Soo 99900 6 days 500% m PA# A4Y30 (8/31/2009) 500 4995 94905 0400 1 AG052A HP TF17600 US Rckm t Keyb d 17 M t 000 2 199 00 219900 5 days 1 Opt ODI F ctory ntegrated 5days 0500 3 AF556A HP 1 83m 10A C13 UL US Pwr Cord 000 1000 30 00 5 days 0600 1 AF611A HP 1x4 USB /PS2 KVM Cns) Switch 000 22900 22900 2 weeks 0700 2 AF613A HP Ix4 KVM Console 6R USB Cab] 000 3900 780 2 weeks 0800 1 HA113AI HP Install ti S ivice 1 Opt 5BY Rack d Ra k Opt ml stall t 500 50000 500% ee PA# A4Y30 (8/31/2009) 500 2500 475 on 1fi Gand Total $438715 HP Confidential and Proprr� Information Do Not Share. Shipping and handling charges are stated separately for Hewlett Packard standard transportation and not included in product pries quoted Delivery quoted is in weeks Taxes if applicable are not included Payment on partial shipments will be considered acceptable uRWDA IT otherwise noted on your purchase agreement All pries are for USA end use only M P tot 8/22/2007 11 07 55AM Quote Number Page PCBC 00893 00 2 Th term arid dhow f1h W t mStst C tra t gAll w(WSCA) tract umbe A63309 pplyt any d pia ed It fth nq ry N then t rm d d u h II pply PI as f re N tr t wh ph. g. rd F p ym t prop ly t It t o pe n and acceptance are d med t t m f d l ry Th p ymrnt t rtn f th d ( I d g b t t l m t d t hardware(HW) ftware(SW) H W/S W S pp rt d Install t w th th purchase f prod 0 tat d w th N Leg 1 Q rot MN t 30 d ys from th d t fth Th f th der w 11 gen to t th am t in th It rdwu and/ ftw= prod h ) h p and p ym t f 0 t ms pc t d w th 30 day po pt f proper in wh th n t th t 11 t n/ ry h w utr d t th I m p ym t due If y ant p he that y nsull ton t w II t b dy wth 30d y fd 1 ry pi anew to ly HP 1 epre t t t d all= t pn g pt Hardwar T tl P At At D 1 ry Nam d Plac fl) trial PI as fare H wl n Packard q t umb p has gre ro t rob ( f ppl bl ) tam q ce d th 111 w g f m t any ult g porches d Y req tddI rydt I Th am and t I ph mbar f Ih d dual wh th rnd t t th t H wl it P kard m y [If p odu t pport f rtnat If ppl bl y pp ri d fifer It dl am any pre ly porches d pp ft. tr t g th y i m m wh b any ftware h re g t d w 11 b tall d Th pp it dent f ha dl th as gn d wh pport gre m t purchased PI tact y ur H wl a Packard S 1 R prese tat It Id y h any t hn I q t any tber q t HP has f an it pt f t hn logy I t f th E d U If th US pt as t t th HP T b I gy F an repmsentat or 111 888 999 HPTF (4783) f m f mi t f C ad pl as 111 800-HP LEASE (1 800475 3273) Pr are I f 1 I add d and th tax Wh ppl bl h tax w 11 pp ar parate t in HP' Sh Id th t m() he g g t d h m b mpt ft m I tan pl as ore th t th ppropn to 1 d T E mpt on Cent E t ref re g H wl tt Packard C mpany as th end be I'm d d t y w H w1 tl P kard Ord Pro g C rd t U I d tad d Here tly th qt b) t t th t nn d d t as I f rth y pur h gr ro t A4Y30 C I f m I w req re II t f y 1 g f f 1 plop rap t m LCD d kwp mo t rs d CRT I. t is d TV ) F m re f ms non g t www hp Wgolhwre y I Appl bl racy I g f m y t b refl t d th q at S if w Il be I ded y tx ce p der HP CONFIDENTIAL AND PROPRIETARY INFORMATION DO NOT SHARE HP Confidential and Pron Mary lnformatron Do Not Share Shipping and handling charges are stated separately for Hewlett Packard standard transportation and not Included In product prices quoted Delivery quoted Is n weeks Tazes If appl cable are not Included Payment on partial shipments will be considered acceptable unless otherwise noted on your purchase agreement All prices are for USA end use only ITEM No...... -- -""" P to [ 8/22/20y, �i G�C,11�& $Alt In PAGE- --i CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT A BRADY, CITY MANAGER DATE SEPTEMBER 11, 2007 SUBJECT NOTICE OF TERMINATION OF AGREEMENT FOR DRAINAGE ENCUMBRANCE BACKGROUND Toyota Motor Sales, U S A, Inc is in escrow to purchase 10 acres of land located on Auto Center Drive near Avenue 12 across from the Ford dealership Toyota Motor Sales is proposing to construct a 74,000 square foot state of the art "Image USA II Toyota Dealership" on the property The property is encumbered with a 1990 "Agreement for Drainage Encumbrance " The 1990 Agreement relates to surface water drainage as between the adjacent properties including the proposed Toyota site At the time of recording, the encumbered properties were in common ownership and the intent and legal effect of the Agreement is ambiguous The City is not a party to the Agreement, but is held harmless under its terms The title company insuring title on behalf of Toyota has speculated that the Agreement may have been recorded as a condition of approval imposed by the City but none of the affected properties have been developed and no applications or associated conditions of approval have been located after a search of City records All future development will be conditioned on appropriate drainage improvements DISCUSSION Toyota Motor Sales has requested that the City execute the Notice of Termination of Agreement for Drainage Encumbrance in order to clear title necessary to acquire the property All other affected property owners have also agreed to sign AGENDA ITEM NO E PAGE,.,1-01: /y REPORT TO CITY COUNCIL SEPTEMBER 11, 2007 PAGE 2 OF 2 FISCAL IMPACT None RECOMMENDATION It is recommended the City Council authorize the Mayor to sign the Notice of Termination of Drainage Encumbrance in such final form as approved by the City Attorney for recordation in the official land records of Riverside County PREPARED BY Barbara Zeid Leibold, City Attorney APPROVED FOR AGENDA LISTING Attachments AGENDA ITEM NO PAGE 2— OF-Z-0— I I� I I ' J T �o MILL ST I � � I � y a W O Q! 1 e PARK WY 7 ji -,SS; I t i I � I� I I ' J T �o MILL ST I � � I � y a W O Q! 1 e PARK WY 7 ji -,SS; l ' \ I e� NOTICE OF TERMINATION FOR DRAINAGE EASEMENT Ctiv oe ati CITY COUNCIL N 6a mapprep c EY CITY OF LAKE ELSINORE uy flak El nb L i1KF 1 SlnO SEPTEMBER 11 20f{CCENDA ITEM NO Epp re � o Ap . , c Des IV DREAM Ex"I'RE ME PACE - OF N q� E6ro GS SW pi NAD 83 I t i l ' \ I e� NOTICE OF TERMINATION FOR DRAINAGE EASEMENT Ctiv oe ati CITY COUNCIL N 6a mapprep c EY CITY OF LAKE ELSINORE uy flak El nb L i1KF 1 SlnO SEPTEMBER 11 20f{CCENDA ITEM NO Epp re � o Ap . , c Des IV DREAM Ex"I'RE ME PACE - OF N q� E6ro GS SW pi NAD 83 RECORDING REQUESTED BY Toyota Motor Sales U S A Inc 19001 South Western Avenue G400 Torrance CA 90501 ATTN Clint McMorns WHEN RECORDED MAIL TO City of Lake Elsinore 130 S Main Street Lake Elsinore CA 92530 ATTN City Clerk /:VI7 The Automotive Group 450 West Vista Way Vista CA 92083 ATTN Adrian Kulinski Space Above This Line For Recorders Use NOTICE OF TERMINATION OF AGREEMENT FOR DRAINAGE ENCUMBRANCE The undersigned property owners as the present owners of the property benefited by that certain Agreement for Drainage Encumbrance described in that certain document recorded on December 17 1990 as Instrument Number 455003 Official Records of Riverside County State of California and described in Exhibit A attached hereto and incorporated herein by reference hereby terminates and releases the Agreement for Drainage Encumbrance and release all rights of any benefited parties thereunder All rights and interests under the above Agreement for Drainage Encumbrance have been terminated The City of Lake Elsinore hereby releases any rights it may have under the Agreement for Drainage Encumbrance LOWSPEED, LLC CASINO ONE JEC, LLC By Name By Name AGENDA ITEM NO CASINO TWO JRW, LLC CASINO THREE JHF, LLC By By Name Name CASINO FOUR SMC, LLC By Name CITY OF LAKE ELSINORE, a municipal corporation By Robert E Magee, Mayor ATTEST By Vivian Munson, City Clerk APPROVED AS TO FORM By Barbara Zeid Leibold, City Attorney 2 AGENDA ITEM NO PAGE r OFff- EXHIBIT "A" That certain real property located in the City of Lake Elsinore and described in the "Agreement for Drainage Encumbrance" recorded on December 17, 1990, as Instrument Number 455003, Official Records of Riverside County, State of California as APN # 363 130 002, 025, 031 AGENDA ITEM NO f PAGE OF, STATE OF CALIFORNIA } COUNTY OF }S S On 2007 before me a Notary Public in and for said State personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies) and that by his/her /their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument WITNESS my hand and official seal Signature (Notary Seal) STATE OF CALIFORNIA } COUNTY OF }SS On 2007 before me a Notary Public in and for said State personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies) and that by his/her /their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument WITNESS my hand and official seat Signature (Notary Seal) AGENDA ITEM NO pAGE.�OF STATE OF CALIFORNIA } COUNTY OF }S S On 2007 before me a Notary Public in and for said State personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies) and that by his/her /their signature(s) on the mstniment the person(s) or the entity upon behalf of which the person(s) acted executed the instrument WITNESS my hand and official seal Signature (Notary Seal) STATE OF CALIFORNIA } COUNTY OF }S S On 2007 before me a Notary Public in and for said State personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies) and that by his/her /their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument WITNESS my hand and official seal Signature (Notary Seal) AGENDA ITEM NO - PAGE,_„.OF,L STATE OF CALIFORNIA } COUNTY OF }S S On 2007 before me a Notary Public in and for said State personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies) and that by his/her /their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument WITNESS my hand and official seal Signature (Notary Seal) STATE OF CALIFORNIA } COUNTY OF )SS On 2007 before me a Notary Public in and for said State personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(res) and that by his/her /their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument WITNESS my hand and official seal Signature (Notary Seal) AGENDA ITEM NO PAGE—�—OF �10 E w `e e i ,CD INIIFN RP 1pl Fl RAII TO 1 IS�g 11y 1 t ek Hall In 1 39) 94 a 1nV Doportmo 1 1 Al 4r utl Nnin SL rte( toss" Pink %,0e CA 92310 H ALINEEOENT Fort URAINAUE ENt UN9RANCt We 11) the lnrleraigned foraby certify that we it) are insist tte ov a (n) Of land tan Ph wt a1Pn InPJ naf KI a '1 n d love reviewed LIP propnnad imlroVPocosta which conatet cf— ae ahowr Me (1) hereby agroe to accept tie unnatural concontratfun land dl as alum at ourface vatere from the proposed development onto the above denel ibed land and acknowledge our (my) romponeibillty Lo guarantee a d maintain frees flow of paid out Lace rater® to a satlolm,to y paint of diapa "al It to £u the ag Park to permit tie developer of sa£J to Pater upon our toy) prope ty pool conatxuct the recegsaty works to naeure free flow and do hereby agios to aseule maintenanaeof said o tie until much time me Tutu a imp ovements are accepted an a public facility It to further agreed that this groeptunce of ourfac.v rater& land a Ran once of matttenancsl shall he btlding on all leirs executors succesaore or gastgrs having interest to all nr any part of our (my) property dsncribed herein it is also agreeo to hold tie City of IgkP Eisi are ltrmlP&& of any il&hiifties I. damage to car i yf It OPP# ty hl= it t.o at ur Uar of of Segall Improvements, DATE( 11 c un DA r9i Urnwrla)� ACKNUNLEDCMENT SEPORE NRTART PUUI IC (ATTACH FORMI l) AGENDA ITEM NO PAGE /O OF /O 45W43 S STATE OFCULIFORNIARiys,"id, %% COUNTY OF as mumnF+ar 16...1990 eelma ma l- G A - Reiatil pgWY y �y t Itwn ism IMpahart tmmmmth Mood i{. Wi�liana pa&aaCayl wimt met Fravaat or an to bow of sessions" rvkkn ) tallaimooftw1wanssaw mbarlaal tin rmrmarat t dxlYa lm Od xrtnarkapa Wl�ji �Sr4r W{M)1 aerW a 11 M M Al\ P6r Saar C A Deiohlino Amoy p bo m of fm aw Comfy and xtw FOR NOTARY SEAL OR STAMP AGENDA ITEM NO PAGE /O OF /O