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HomeMy WebLinkAbout08/28/07 CC ReportsCITY OF LAKE ELSINORE CITY COUNCIL AGENDA ROBERT BOB MAGEE MAYOR DARYL HICKMAN MAYOR PRO TEM THOMAS BUCKLEY COUNCILMEMBER GENIE KELLEY COUNCILMEMBER ROBERT SCHIFFNER, COUNCILMEMBER ROBERT A BRADY CITY MANAGER W W W LAKE- ELSINORE ORG (951) 674 3124 PHONE (951) 674 2392 FAX LAKE ELSINORE CULTURAL CENTER 183 NORTH MAIN STREET LAKE ELSINORE CA 92530 s'e 4e de �Y * *9r 9r 9r de de *9r �Y *�Y �F 9r�$9: * * *9t �F 4r eY *9:�F:t 9r at �k 9e *de * *�F *9r * *9r4e nY *9r 9r *de *�Y 9: * *9r *9r TUESDAY, AUGUST 28, 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! CALL TO ORDER ROLL CALL CLOSED SESSION A PUBLIC EMPLOYMENT— Gov't Code § 54957 Title City Clerk B CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION — Significant exposure to litigation pursuant to subdivision (b) of Gov't Code § 54956 9 (1 potential case) RECONVENE IN PUBLIC SESSION (7 00 P M) PLEDGE OF ALLEGIANCE INVOCATION — MOMENT OF SILENT PRAYER ROLL CALL Page 2 — City Council Agenda — August 28, 2007 PRESENTATIONS /CEREMONIALS A Proclamation — California Arts Day B Presentation — Planet Youth C Chamber of Commerce Update 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) 2 Warrant list — August 15 2007 RECOMMENDATION Claims against the City RECOMMENDATION Ratify Reject claims for Venzon CMR Claims T P A (CL# 2007 8) and Lake Elsinore West Marina & RV Park (CL# 2007 -3) 3 Status of the General Plan Update and Environmental Impact Report for the City of Lake Elsinore RECOMMENDATION None Page 3 — City Council Agenda — August 28, 2007 4 Authorization for the City Manager to enter into contract with Templeton Planning Group to prepare CEQA compliance documents for the residential development protect known as "Classic Pacific Courtyard Estates" 0 RECOMMENDATION Authorize the City Manager to enter into a contract with Templeton Planning Group to prepare the CEQA compliance documents for the Classic Pacific Courtyard Estates project, in an amount not to exceed $74,250 Adopt a Resolution of Intention to establish Community Facilities District No 2007 -4 (Makenna Court) and Resolution of Intention to incur bonded indebtedness RECOMMENDATION Adopt Resolution of Intention No 2007 156 to establish Community Facilities District No 2007 -4 (Makenna Court) and calling a Public Hearing for October 9, 2007 Adopt Resolution of Intention No 2007 157 to incur bonded indebtedness with proposed CFD No 2007 -4 (Makenna Court) Approve Professional Services Agreement with Harris & Associates for assessment engineering and special tax consulting services RECOMMENDATION Approve the Professional Services Agreement with Harris & Associates and authorize the Mayor to execute the agreement in such final form as approved by the City Attorney 7 Notice of Completion for "City Park" restaurant/restroom building RECOMMENDATION Authorize the Mayor to sign the Notice of Completion and have the Page 4 — City Council Agenda — August 28, 2007 City Clerk file the Notice of Completion for recordation PUBLIC HEARING 21 Resolution determining the validity of prior proceedings relating to annexation of property into City of Lake Elsinore Community Facilities District No 2006 1 (Summerly) RECOMMENDATION BUSINESS ITEMS Open the public hearing and take testimony Adopt Resolution No 2007 -158 determining the validity of prior proceedings Adopt Resolution No 2007 -159 calling a special election Adopt Resolution No 2007 -160 ordering canvassing of the election results 31 Second reading — Ordinance No 1228 — approving Ramsgate Specific Plan No 89 -1, sixth revision (SPA6) RECOMMENDATION Adopt Ordinance No 1228, upon second reading, by title only 32 Second reading — Ordinance No 1229 — approving Pre Annexation Zone Change No 2007 -1 RECOMMENDATION Adopt Ordinance No 1229, upon second reading by title only 33 Second reading — Ordinance No 1230 — adding Chapter 5 46 to the Lake Elsinore Municipal Code regarding the licensure of Tobacco Retailers RECOMMENDATION Adopt Ordinance No 1230, upon second reading by title only Page 5 — City Council Agenda — August 28, 2007 34 Response to 2006 -07 Grand Jury Report Elsinore Valley Cemetery flood control RECOMMENDATION Consider the draft response to the Grand Jury Report and advise staff as to any revisions for the response 35 Consideration of Commercial Design Review No 2006 -10 for the project known as "Lake Elsinore RV Resort" RECOMMENDATION Adopt Resolution No 2007 161 making Findings of Consistency with the Multiple Species Habitat Conservation Plan Adopt Resolution No 2007 -162 approving Commercial Design Review No 2006 -10 36 Commercial Design Review No 2007 -11 for a proposed "Shell retail building and fast food restaurant with a drive- through located at 29541 Central Avenue RECOMMENDATION Adopt Resolution No 2007 -163 adopting Findings of Consistency with the Multiple Species Habitat Conservation Plan Resolution No 2007 -164 approving Commercial Design Review No 2006 -11 37 Extension of time for Tentative Parcel Map No 32674 for condominium purposes (Riverlake Villas) RECOMMENDATION Adopt Resolution No 2007 -165 approving the request for an Extension of Time for Tentative Parcel Map No 32674 for condominium purposes for thirty -six (36) months or August 9, 2010 as allowed by the LEMC based on the Page 6 — City Council Agenda — August 28, 2007 39 Findings, Exhibits and the revised Conditions of Approval Infrastructure and Facilities Reimbursement Agreement RECOMMENDATION Review and discuss the proposed Infrastructure and Facilities Reimbursement Program with Toyota and, if approved, direct staff to prepare an agreement for consideration by the City Council in September of 2007 City Clerk Employment Agreement RECOMMENDATION Approve the City Clerk Employment Agreement and authorize the Mayor to execute the agreement 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 15 2007 CITY OF LAKE ]E]LSINOR E WARRANT SUMMARY FUND# FUND DESCRIPTION TOTAL 101 SUPPLEMENTAL LAW ENFORCEMENT SERVICE FUND 1 279 53 102 L L E B G PROGRAM FUND 2 941 83 105 MISCELLANEOUS GENERAL PROJECT FUND 32 589 84 110 STATE GAS TAX FUND 20072 112 TRANSPORTATION MEASURE A FUND 39 052 74 118 LAKE SIDE FACILITIES DIFF FUND 8 514 78 130 LIGHTING /LANDSCAPE MAINTENANCE FUND 77 589 05 135 L L M D NO 1 FUND 2 350 00 201 STREET C I P FUND 91 89025 204 SIGNAL C I P FUND 9766 205 TRAFFIC IMPACT FEE FUND 2 355 10 211 STORM DRAIN C I P FUND 71 25 221 PARK C I P FUND 13 896 05 231 LIBRARY C I P FUND 50330 352 353 A D 86 1 DEBT SERVICE FUND A D 89 1 DEBT SERVICE FUND 7403 68 563 75 357 C F D 2003 02 DEBT SERVICE FUND 401 05563 360 A D 90 1 DEBT SERVICE FUND _ 7402 363 C F D-88-3 (III 1997 A) DEBT SERVICE FUND 1 428 651 94 366 C F D 2005 6 CITY CENTER TOWN HOMES DEBT SERVICE FUND 92 959 38 368 C F D 2006 2 VISCAYA DEBT SERVICE FUND 257500- 575 00 369 C F D 2004 3 ROSETTA CANYON DEBT SERVICE FUND 581 612 51 370 C F D 2005 X CAMINO DEL NORTE 42000 371 C F D 2005 1 SERENITY DEBT SERVICE FUND 290 460 64 372 C F D 2005 2 ALBERHILL RANCH DEBT SERVICE FUND _ 674 669 38 373 C F D 2005 5 WASSON CANYON DEBT SERVICE FUND 210 00 386 C F D 2007 4 MAKENNA COURT 7 200 00 608 TRUST DEPOSIT & PRE PAID EXPENSE FUND 2 140 61 620 CO-S-T RECOVERY SYSTEM 4 577 63 GRAND TOTAL $ 7 110 034 52 AGENDA ITEM NO 8/17/2007 Warrant 081507 1 of 1 PAGE —1 0 F� AUGUST 15 2007 CITY OF LAKE ELSINORE CHECK# VENDOR NAME WYNN AIM0112rf8 :1) Mill 1 AMOUNT 91756 ICMA RETIREMENT TRUST 20 400 00 91757 AIR COMFORT 2 520 00 91758 TIME WARNER CABLE 10932 91759 HOPE INC 5 000 00 91760 JON S FLAGS & POLES INC 39814 b 91762 ICMA RETIREMENT TRUST 4 364 00 91763 LINDA M MILLER 5 962 50 91764 C R GANN DEMOLITION INC 5 570 00 91765 THOMAS LAGUNAS 44000 91766 LAKE ELSINORE VALLEY CHAMBER OF COMMERCE 12000 91767 LAKE ELSINORE LIONS CLUB 40000 91769 VOID 000 91770 91771 A & A JANITORIAL SERVICE 4 314 95 91772 ADAIR OFFICE FURNITURE 3 781 43 91773 ADVENTURES IN ADVERTISING 37595 91774 ALBERTO V BUSTOS 35000 91775 ALL PHASE REFRIGERATION & AIR 2 938 02 91776 ALLIED TRAFFIC EQUIPMENT 1 279 53 91786 BANK OF AMERICA (5336) FIRE STATION #10 9274 91787 BANK OF AMERICA (5392) FIRE STATION #85 12916 91788 BANK OF AMERICA (5400) FIRE STATION #94 1 621 11 79294 1 095 00 2 217 00 Lei 4 4 1i]C7ffelV1 .I 91794 DIANE BLOCK 21512 91795 CYNTHIA BLOOD WILSON 182 75 91796 BRIDGET L DENTON 3000 91797 BUNDY CANYON TURF SUPPLY 37665 91798 C R & R DISPOSAL INC 24 377 90 91799 C S LEGACY CONSTRUCTION INC 11 539 80 OF JUSTI 91806 CAVENAUGH & ASSOCIATES 49100 AGENDA ITEM NO 8/17/2007 Warrant 081507 1OF5 PAGE 2 OF AUGUST 15 2007 CITY OF LAKE ELSINORE WARRANT LIST CHECK# VENDOR NAME AMOUNT 91807 CHEMSEARCH 27684 91808 CHERISHED MEMORIES PHOTOGRAPHY 7 868 95 91809 CITICORP VENDOR FINANCE INC 77041 91810 CLARITAS INC 11900 91811 COAST TO COAST WIRELESS INC 4350 91812 91813 _ COMPUTER ALERT SYSTEMS INC 1 16200 91814 KIRTA COURY 510000 91815 TIFFANYANN CRUZ 4000 91816 91817 CUTTING EDGE STAFFING INC 5 264 70 91818 D & S ELECTRIC 1 64500 91819 RICK DE SANTIAGO 39500 91820 DEMCO INC 50330 91821 DEPUTY WILLIAM GUIMONT 25000 91822 DIEHL EVANS & COMPANY LLP 4 000 00 91823 DO IT CENTER 17590 91824 CAROLE K DONAHOE A I C P 3 562 50 91825 DOWNS COMMERCIAL FUELING INC 5 869 56 91826 DOWNS ENERGY 50670 91827 D3 EQUIPMENT 8575 91828 91829 E V M W D 6 972 08 91830 E S BABCOCK & SONS INC 65060 91831 EDWARDS SERVICE 78465 ey[:k ➢�gl��q�F 91833 ELITE ELEVATOR 18500 91834 ELSINORE ELECTRICAL SUPPLY INC 7489 91835 91836 ELSINORE PIONEER LUMBER CO 45497 91837 ELSINORE VALLEY RENTALS 4070 91839 ENTENMANN ROVIN CO 38831 91840 ESRI INC 27 606 51 91841 EXCEL LANDSCAPE INC _ 16 353 00 91842 FEDERAL EXPRESS CORPORATION 11050 91843 FEDERAL PUBLISHING 27850 91844 FERGUSON GROUP L L C 6777 91845 CHRISTOPHER FINCH 8000 91846 FOLD A GOAL 11 310 14 91847 MAUREEN FOSTER DAVIS 8500 91848 GALLS RETAIL CA 67210 91849 GLADSTEIN NEANDROSS & ASSOCIATES 7500 91850 GOLDEN OFFICE TRAILERS INC 26938 91851 LUPE GOMEZ 6000 91852 GRAINGER INDUSTRIAL SUPPLY 91447 91853 THE GRAPHICS COMPANY 4 018 32 91854 91856 GREENSCAPE LANDSCAPE INC 13 158 50 91857 ARLINE GULBRANSEN 20071 AGENDA ITEM NO 8/17/2007 Warrant 081507 2 OF 5 PAGE `' OF 1. AUGUST is 2007 CITY OF LAKE ELSINORE WARRANT LIST CHECK# VENDOR NAME AMOUNT 91869 INLAND URGENT CARE OF SUN CITY 8000 91870 JOHN DEERE LANDSCAPES 1 730 86 91871 JON S FLAGS & POLES INC 42507 91872 KOBATA & ASSOCIATES INC 2 000 00 91873 THE L I U OF N A 3 361 92 91874 LAKE BUICK PONTIAC GMC INC 13325 91875 LAKE CHEVROLET 59 666 56 91876 LAKE ELSINORE FORD 331 64 91877 LAKE ELSINORE TIRE & AUTO INC 16068 91878 _ LAKE ELSINORE VALLEY CHAMBER OF COMMERCE 8334-60— 334 00 91879 LAKESHORE HOMES & DEVELOPMENT INC 20 563 00 91880 LAMAR COMPANIES 1 00000 91881 NANCY LASSEY 38363 91882 LEAR AUTO BODY & TOWING 6500 91883 LEIBOLD MCCLENDON & MANN 69 521 58 91884 ALEJANDRO LEYTTLE 15000 91885 LIUNA LOCAL 777 1 561 00 91886 LOOS & CO INC 1 05300 91887 9188_9 LOWE S HOME CENTERS INC 2 463 12 91890 MARTIN & CHAPMAN CO 2540 91891 SANDRA MASSA LAVITT 3 420 00 1 22000 91893 MCMASTER CARR 9681 91894 MERCURY MARINE 5600 91895 MOBILE SATELLITE VENTURES L P 7281 91896 MORROW PLUMBING INC (WORK ORDERS) 2 422 47 91897 MUNISERVICES L L C 92500 91898 JAMES NAKAKIHARA 1 891 33 91899 NATIONAL PEN CORPORATION 8953 ninnn K A /DnOi Dn ATC �.,�.... 919U2 O REILLY PUBLIC RELATIONS 2 326 73 91903 OCB REPROGRAPHICS 1167 91904 OMNIS INC 2 025 00 91905 PACIFIC TRUCK EQUIPMENT INC 1561 91906 MARLENE PALTZA 37992 91907 PARDEE HOMES 1605 91908 WILLIAM PAYNE 34762 91909 DANA PO_RCHE 24495 91910 PREMIUM PALOMAR MT SPRING WATER 30990 91911 THE PRESS ENTERPRISE 1 065 25 91918 QWEST COMMUNICATIONS 1 36434 91919 R J NOBLE COMPANY INC 91 89025 91920 REDEVELOPMENT AGENCY 82 634 94 Y SITE SERVICES INC 1 RIOS 91923 RIVCOMM L L C 1250 91924 RIVERSIDE COUNTY SHERIFF CORRECTIONS ACCOUNTING 11 710 17 AGENDA ITEM NO 811712007 Warrant 081507 3 OF 5 PAGE OF LP AUGUST 15 2007 CITY OF LAKE ELSINORE WARRANT LIST CI- -IECK# VENDOR NAME AMOUNT 91925 RIVERSIDE COUNTY SHERIFF ACCOUNTING & FINANCE 1 505 983 47 91926 RIVERSIDE COUNTY SHERIFFS DEPARTMENT 15100 91927 COUNTY OF RIVERSIDE AUDITOR CONTROLLER /GAD LAFCO 2 715 50 91928 COUNTY OF RIVERSIDE SHERIFF BOB DOYLE 10 170 46 91929 91930 ROBBINS PEST MANAGEMENT INC 1 36500 4U UU 91933 SC SIGNS 1 26000 91934 SCOTT FAZEKAS & ASSOCIATES INC 9 004 11 91935 SHERWIN WILLIAMS CO 14206 91936 DAVID S SOLOMON 3 990 00 &I[y71q���Y�SC� 91938 SOUTH WESTERN SEALCOATING INC 38 696 49 91939 SOUTHEAST CONSTRUCTION PRODUCTS 40692 91940 91941 SOUTHERN CALIFORNIA EDISON CO 54 639 79 91942 SOUTHERN CALIFORNIA GAS CO 90856 91943 SPORTS PINS INTERNATIONAL INC 1 217 18 COLLYER ADVANTAGE 91947 STAUFFERS LAWN EQUIPMENT 24919 91948 STKARC_HITECTURE INC 419844 91949 BOB STOVER INC 7 762 50 91950 TCSA/SO_UTH 28500 91951 TEAM AUTOAID INC 36431 91952 TIP OF S W RIVERSIDE COUNTY INC 8 500 00 91953 TOPPER INDUSTRIES INC 199848 91954 TUSCANY HILLS LANDSCAPE & REC CO 15 968 54 91955 TWIN GRAPHICS 68421 91956 UAP DISTRIBUTION INC 5 947 80 91957 UNION BANK OF CALIFORNIA CORPORATE TRUST DIVISION 3 471 98448 91960 US BANK CORPORATE TRUST 68 563 75 91961 VERIZON CALIFORNIA INC 10883 91962 VERIZON EQUIPMENT SALES & SERVICE 51630 91963 VERIZON ONLINE 15995 91964 VILLAGE EQUIPMENT RENTALS INC 1100 91965 WANDAL COSGROVE 32500 91966 WAXIE SANITARY SUPPLY 1 788 15 91967 WEST COAST ARBORISTS INC 3 403W 91968 WESTERN BANK OF CHINOOK 2 607 49 91969 WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS 6500 91970 WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS 714 349 06 91971 91972 WILCOX MILLER & NELSON WILLIAM LISKAMM FAIA 4 166 50 139293 91973 74 MOTORSPORTS 1 590 15 TOTAL $673633003 P/E DATE 08/01/07 CALIFORNIA P E R S 8/17/2007 Warrant 081507 4 OF 5 40275 AGENDA ITEM NO PAGE OF�� AUGUST 15 2007 CITY OF LAKE ELSINORE WARRANT LIST CHECK# VENDOR NAME AMOUNT 08/01/07 CALIFORNIA P E R S _ 91 413 57 08/15/07 CALIFORNIA P E R S 51 69839 GRAND TOTAL $711103452 8/1712007 Warrant 081507 501`5 AGENDA ITEM NO PAGE (-Q OF CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT A BRADY, CITY MANAGER DATE August 28, 2007 SUBJECT CLAIMS AGAINST THE CITY BACKGROUND Claims filed against the City of Lake Elsinore are reviewed and handled by Carl Warren & Company, Claims Administrators When received, each claim is logged in the City Clerk s Office and forwarded to this company for investigation After initial review and investigation, direction is issued to the City to take one of several actions such as refection, notification of late claim or reservation of action until further information is obtained The following claims have been recommended for refection by Carl Warren & Company CL# 2007 -8 — Verizon CMR Claims T P A 2007 -3 — Lake Elsinore West Marina & RV Park FISCAL IMPACT None RECOMMENDATION Reject the claims listed above and direct the City Clerk to send a letter informing the claimants of this decision AGENDA ITEM N0__.,O_ PAOF__0F 1 D REPORT TO CITY COUNCIL AUGUST 28, 2007 REVIEWED BY �.Acw lQ S& MICHELLE SOTO, INTERIM CITY CLERK APPROVED FOR AGENDA BY T BRADY, CIT)/ MANAGER AGENDA ITEM NO r PACE OF_L August 7 2007 RECEIVED AUG 10 2007 TO The City of Lake Ehsmore ATTENTION Jesssica Guzman Office of the City Clerk CITY CLERKS OFFICE RE Clain Venzon v Lake Elsinore Claimant Venzon D/Event 05/09/07 Rec d Y /Office 07/30/07 Our File 1456882 DBQ We have reviewed the above captioned claim and request that you take the action indicated below • CLAIMREJECTION 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 & COMPANY DJB e �en L � ' CLAIMS MANAGEMENT•CLAIMS ADJUSTERS 770 Placenta Avenue Placenta CA 92870 6832 Mail P O Box 25180 Santa Ana Ca 92799 -5180 Phone (714) 572 5200 (800) 572 6900 Fax (714) 961 8131 ACENDAITE 0 2- _ PACE OE__0 CITY OF lw-r LADE CLSIN IZE 0 DREAM EXTREME July 25, 2007 Dwight Kunz Carl Warren & Company P O Box 25180 Santa Ana CA 92799 -5180 Enclosed for your handling is a claim received on July 24, 2007 from Venzon CMR Claims TPA (CL #2007 -8) Please keep me advised of appropriate City Council Action For further assistance, please contact me at (951) 674 -3124 ext 269 Enclosure cc City Manager 951 674 3124 130 S MAIN STREET LAKE ELSINORE CA 92530 WWW LAKE ELSINORE ORG AGENDA ITEM NO r PAGELq_701'-�-0- �Qn Zen �( - f'� CAA90'7/� �S CLAIM AGAINST THE CITY OF LAKE ELSINORE (For Damages to Persons or Personal property) RECEIVED JUL 2 4 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 msufficient please use additional paper and identify information by paragraph number Completed claims must be mailed or delivered to the City Clerk City of Lake Elsinore 130 South Main Street Lake Elsinore California, 92530 TO THE HONORABLE MAYOR AND CITY COUNCIL, CITY OF LAKE ELSINORE, CALIFORNIA The undersigned respectfully submits the following claim and information relative to damage to persons and/or personal property _ NAME OF Address of Claimants f U S J a''SE4 Phone No c Social Security No PJ e 7 Date of Birth_ Drivers Lie No Name post office address and telephone to which claimant desires notices to be sent if other than the above Ver i ?car► -('inn Q Q (at, nn4 Po fox lgn'7 �0 atd a Co CQ (1, Occurrence or event from which this claim arises !� 3 a Date 15 �—gg / is 2— / _� /b Time 1 c Place (Exact and specific location) cJ ✓ 1 ClpL / fiJP I CJ� rQS�� Gl 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? AGENDA ITEM NO 2 PAGE _OF 4 Were there any injuries at the time of this accident? If not, state No injuries NO 1 niu-t'Ie5 5 Give the name(s) of the City employee(s) causing the damage or injury �Jipil- 6 Name and address of any person injured 7 Name and address of the owner of any damaged property V er, pan Lnl S iu C (Cissen AltJ _okC Ok 773/6 lo_ 8 Damages claimed a Amount claimed as of this date $ GJ b Estimated amount of future costs $ c Total amount claimed $ d Basis for computation of amounts claimed (Include copies of all bills invoices estimates etc) Names and addresses of all witnesses hospitals doctors etc A \J' 0 10 Any additional information that inight be helpful in considering tins claim ruQ WARNING IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM' (Penal code 7211nsurance Code 556 1) 1 have read the matters and statements made in the above claim and I know the same to be true of my own knowledge except as to those matters state upon information or belief as to such matters I believe the same to be true I certify under penalty of perjury that the foregoing is TRUE AND CORRECT L /Q�avu'�l SIGNED THIS I �'V ` DAY OF L ,Me) O/c Ia�aa^a l aFy .CIA CLAIMANT SIGNATURE AGENDA ITEM NO PAGE _ F= August s 2007 RECEIVED AUG 13 2007 CITY CLERKS OFFICE TO The City of Lake Elsinore ATTENTION Jessica Guzman Office Specialist RE Claim Lake Elsinore West Manna & RV Park vs The City of Lake Elsinore Claimant Lake Elsinore West Marina & RV Park D/Event 3/30/2007 Rec'd Y /Office 5/25/2007 Our File S 1453115 CKQ We have received and reviewed the above claim and request that you take the action indicated below CLAIM REJECTION Send a standard rejection letter to the claimant Please provide us with a copy of the notice sent as requested above If you have any questions please contact the undersigned Very truly yours D Marque cc CJPIA w /enc Attn Executive Director CARL WARREN & CO. CLAIMS MANAGEMENT CLAIMS ADJUSTERS 770 Placenta Avenu PI nn CA 92870 -1812 Mad P O Bo 25180 Sant A a, C 92799 5180 Phone (714) 572 5200 (800) 572 6900 Fa (714) 961 8131 AGENDA ITEM NO PAGE-'::q--OF CITY OF inn LADELl LSINOB E � DREAM May 29 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 May 25, 2007 from Lake Elsinore West Marina & RV Park (CL #2007 3) Please keep me advised of appropriate City Council Action For further assistance, please contact me at (951) 674 -3124 ext 269 Sincerely, 3.ESSICA GUZMAN, OFFICE CITY OF LAKE ELSINORE Enclosure cc City Manager 951 674 3124 130 S MAIN STREET LAKE ELSINORE CA 92530 WWWLAKE ELSINOREORG AGENDA ITEM NO �- PAGE_E�_OF C� 05/11/2007 PRI 13 59 FP CLAIM AGAINST THE CITY OF LAKE ELSINORE (For Damages to Persons or Personal Property) MEI i7 0001/002 rr:CEIVED MAY 2 5 2007 %, ' i r cERKS 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 clauns must be mailed or delivered to the Ciq Clerk City of Lake Elsinore 130 South Main Street Lake Elsinore California 92530 TO THE HONORABLE MAYOR AND CITY COUNCIL CITY OF LAKE ELSINORE, CALIFORNIA The undersigned respectfully submits the following claim and information relative to damage to persons and/or personal property NAMEOFCLAiMANT Lake Elsinore West Marina & RV Park Address of Claimant 39.7nn R11'erside I1 —ria. Lake— El—n —e rA Phone No ( Social Security No Date Drivers Lic No Name post office address and telephone to which claimant desires notices to be sent if other than the above 1980 Orange Tree Ln #106 Michael A Portigal, Ponsor & Assocs , Redlands, CA 989- 792 -0449 J Qecurreaice or event frpm whleb this claim anse� claimii= sera tT h_ oomplaint on a Date 3/4# / 0 7 b Time Place (Exact and specific location) November 9 , 2 0 0 5 Launch ramp at marina How and under what circumstances did damage or injury occuro Specify the particular occurrence event act or omission you claim caused the injury or damage (use additional paper if necessary) Pickup (2004 Chevrolet Silverado) was launching boat into water Vehicle slid off ramp and into lake What particular action by the City of its employees caused the alleged damage or inluryo Alleged improper algae control AGENDA ITEM NO r PAGE o-.�OF_1n 05/11/2007 FRI 13 59 F 4 Were there any injuries at the time of this accident? If not state No injuries Nc personal injury 5 Give the name(s) of the City employee(s) causing the damage or injury 0002/002 6 Name and address of any person injured Renix Corp (suit is by its insurer Phili.delphia Indemnity Ins 7 Name and address of the owner of any damaged property 8 Damages claimed a Amount claimed as of this date g 29,627 00 b Estimated amount of future costs $ c Total amount claimed $ d Basis for computation of amounts claimed (Include copies of all bills invoices estimates etc) 9 Names and addresses of all witnesses hospitals doctors etc b 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 7211nsurance 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 1 believe the same to be true I certify under penalty of perjury that the foregoing is TRUE AND CORRECT SIGNED THIS y DAY OF MAl' -�' 77 AT REDLANDS CALIFORNIA CLAIMANT S SIGNATURE ff AGENDA ITEM NO rL PAGE \O OF NQ_ CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT A BRADY, CITY MANAGER DATE AUGUST 28, 2007 SUBJECT STATUS OF THE GENERAL PLAN UPDATE AND ENVIRONMENTAL IMPACT REPORT FOR THE CITY OF LAKE ELSINORE DISCUSSION Staff and the General Plan Update Consultant (Jones & Stokes) continue to work in a constructive and timely manner on the General Plan Update "project" which includes the preparation of the Draft General Plan Document, the Draft Environmental Impact Report and the three (3) Land Use Map Alternatives Based on the revised schedule, reported to the City Council, Staff maintains that the hmelme proposed, which includes the first Public Hearing scheduled for January 2008, will be met U. W a t APPROVED FOR AGENDA BY ROLFE M PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT *AJNDAMM NO-- -- PAGE %OF i CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT A BRADY, CITY MANAGER DATE AUGUST 28, 2007 SUBJECT AUTHORIZATION FOR CITY MANAGER TO ENTER INTO CONTRACT WITH TEMPLETON PLANNING GROUP TO PREPARE CEQA COMPLIANCE DOCUMENTS FOR THE RESIDENTIAL DEVELOPMENT PROJECT KNOWN AS "CLASSIC PACIFIC COURTYARD ESTATES " BACKGROUND This item was continued from the August 14, 2007 City Council meeting in order to allow time to provide residents at the Butterfield Village Mobile Home Park an advisement regarding this request Correspondence was mailed to 122 residents of the mobile home park (Attachment 3) on August 21, 2007 informing them of this proposal as well as the date, time, and location of the City Council meeting The City of Lake Elsinore serves as the lead agency to evaluate the environmental impacts of development protects proposed within the City The Community Development Department is responsible for the preparation of the necessary information and, depending on the scope and size of the project, will either prepare the environmental documents in -house or have a consultant prepare the documents and studies The cost of preparing the environmental analysis is paid for by the project applicant through the application fee process The Classic Pacific Courtyard Estates project consists of the development of 126 detached residential units on 18 6 acres of land in the vicinity of Riverside Drive (Highway 74) and Grand Avenue PAC J__,_OF � S REPORT TO CITY COUNCIL TPG CONTRACT FOR COURTYARD ESTATES AUGUST 28, 2007 PAGE 2 OF 3 Due to the technical nature of this proposal, staff has requested Templeton Planning Group to prepare the CEQA documents for this project The proposed cost of preparing the environmental review is not to exceed $74,250 FISCAL IMPACT The cost of preparing the environmental review will be paid by fees collected from the applicant through the City's cost recovery program All staff administrative time and consultant costs are paid from the applicant's fees There is no cost to the City RECOMMENDATION Staff recommends that the City Council authorize the City Manager to enter into a contract with Templeton Planning Group to prepare the CEQA compliance documents for the Classic Pacific Courtyard Estates project, in an amount not to exceed $74,250 PREPARED BY APPROVED FOR AGENDA LISTING Attachments TOM WEINER, PLANNING MANAGER 1 Vicinity Map 2 Templeton Planning Group proposal, dated July 18, 2007 3 Correspondence to Butterfield Village Mobile Home Park Residents dated August 21, 2007 G T" OF LAKE EL51h GObNTY OF RIVEK Attachment 1 VICINITY MAP CLASSIC PACIFIC COURTYARD ESTATES ch,'9 w- PE AGENDA ITEM NO _ PAGE 3 )F _ TEMPLETON PLANNING GROUP Design P1 nning En ironment I SERVICE CONTRACT Date Prepared July 18, 2007 Project Name COURTYARD ESTATES MND Project No LAK 02 Client Name City of Lake Elsinore Address 130 S Main Street Lake Elsinore, CA 92530 Contact Wendy Worthey, Principal Environmental Planner Planner Name TEMPLETON PLANNING GROUP Address 1470 Jamboree Road, Suite 200 Newport Beach, CA 92660 Contact Mr Peter Templeton Type of Authorization X New Contract _ Contract Extension Contract Amount Estimated Budget not to exceed $74,250 RE PROPOSAL TO PREPARE A MITIGATED NEGATIVE DECLARATION FOR THE 18 6 ACRE COURTYARD ESTATES PLANNED UNIT DEVELOPMENT IN THE CITY OF LAKE ELSINORE, CALIFORNIA Protect Summary The proposed 18 6 acre Courtyard Estates Infill protect consists of a Planned Unit Development Tentative Tract Map and zone change to allow for the development of 126 detached single family residential dwelling units The zone change will change the current zoning designations of Commercial Park (CP) and Recreation (R) to Medium Density Residential (R 2) and Recreation (R) The protect will allow for a density of approximately 6 8 units per acre The residential units will consist of two story buildings with individual garages The portion of the protect site that will be designated "Recreation will be developed under a separate application The historic Machado Adobe will be renovated to reflect the 19th century character of the original structure and will be preserved on site The building will be Incorporated into the Page I 1470J mb R d S t 200 N wp t B h C if 92660 6202 T 1 (949) 718 0640 pempleton@templetonplanning com AGENDA ITEM N0 PAGE__tt__OF F (949) 718 0655 projects recreation center which will include a swimming pool spa sitting area enhanced paving surface and a secured gate Access to the Machado Adobe will be restricted to public use if necessary to preserve the historical character and structural integrity of the building The project will be developed as a private residential community with one access point along Riverside Drive /Highway 74 and one access point along the eastern side of the project which connects to Grand Avenue /Highway 74 The private community will include internal streets and common open space with recreational amenities 2 Scope of Services Preparation of an Initial Study /Mitigated Negative Declaration (IS /MND) in accordance with Section 15063 of the CEQA Guidelines Preparation of the IS /MND will include the following tasks Evaluate Applicant s Technical Studies Where appropriate Templeton Planning Group (TPG) will review technical studies provided by the applicant and incorporate the content into the IS /MND It is our understanding that the following technical studies will be provided • Phase I Environmental Site Assessment prepared by RBF Consulting • Phase II Environmental Site Assessment prepared by Southern California Geotechmcal Inc • Fault Study prepared by Southern California Geotechmcal Inc • Phase I Cultural Resources Assessment prepared by Bon Terra Consulting • Archaeological Test and Evaluation Program Report prepared by CRM TECH • Biological Constraints Analysis prepared by Bon Terra Consulting • Delineation of Jurisdictional Waters prepared by RBF Consulting • Biological Resources Evaluation prepared by Natural Resource Consultants • 2006 Focused Surveys for Least Bell s Vireo Southwestern Willow Flycatcher & Western Yellow billed Cuckoo • Acoustical Impact Analysis prepared by Albert A Webb Associates and • Air Quality Impact Analysis prepared by Albert A Webb Associates If TPG must subcontract for the provision of additional technical studies such work shall be considered outside of this scope and shall require a contract addendum Page 2 AGENDA ITEM NO PAGE_ 5 OF 1$ II Preparation of a Mitigated Negative Declaration A General Information • Purpose and Scope of the Proposed Action Project Description Surrounding Land Use & Project Setting • Analysis of Environmental Impacts List Preparers • Process Documentation (Appendix) • List of References B Discussion of Environmental Evaluation The MND will be clearly written and will avoid the use of technical jargon so that the document is easily understood If technical terms need to be introduced for accuracy they will be clearly defined The analysis of issues will be thorough yet concise We will formulate mitigation measures if necessary which can be easily implemented relating directly to the primary and secondary effects identified in the impact sections of the document We will address the following impact categories consistent with the Environmental Checklist Form in CEQA • Aesthetics • Agricultural Resources • Air Quality • Biological Resources • Cultural Resources • Geology and Soils • Hazards and Hazardous Materials • Hydrology and Water Quality C Aesthetics • Land Use and Planning • Mineral Resources Noise Population /Housing • Public Services and Utilities • Recreation • Transportation/Traffic The proposed development will be visible from commuters traveling along Riverside Drive and Highway 74 and residences located to the north west and south of the site Therefore the Templeton Planning Group will perform the following tasks to determine potential aesthetic impacts associated with the project Page 3 AGENDA ITEM NO LA PAGE 6 Op ► Document aesthetically significant viewsheds from the adjacent areas by taking panoramic photographs of the project site from specific viewpoints Review the proposed design for its aesthetic quality in relation to existing and proposed uses and adjacent roadways Discuss any potentially significant aesthetic impacts associated with project implementation including increased light and glare and impacts to significant visual resources such as certain protected tree species Specify mitigation measures that will reduce all identified impacts to the maximum extent feasible Measures could include landscaping bermmg or alternative setbacks to reduce the visual impacts of the project D Agricultural Resources TPG will consult appropriate agencies to determine whether the project would result in impacts to significant farmland that may be in the vicinity and evaluate other potential agricultural impacts If necessary mitigation measures will be incorporated to reduce any impacts to less than significant levels E Air Quality TPG will review the air quality study prepared for the proposed project by the project applicant The results findings and recommendations will be incorporated into the MND and the study will be included in its entirety as an appendix F Biological Resources TPG will review the applicant s biological resources assessments and focused surveys for the least Bell s Vireo Southwestern Willow Flycatcher Western Yellow Billed Cuckoo and Burrowing Owl for the proposed project The results findings and recommendations will be incorporated into the MND and the studies will be included in their entirety as appendices Known areas of concern include the existence of significant riparian habitats, including freshwater marsh, southern willow scrub, and cottonwood willow riparian forest adjacent to the proposed development area In addition the project will be required to comply with the Migratory Bird Treaty Act (MBTA) TPG will also evaluate the site with respect to the City s significant palm tree ordinance G Cultural Resources TPG will review the cultural resource assessments for the proposed project A potential Page 4 AGENDA ITEM N0 -_ PACE _0F 8 historic resource known as Machado Adobe is located on site and is proposed to be renovated and preserved on site There are no other known significant archaeological resources on the project site The results findings and recommendations of the cultural resource assessments will be incorporated into the MND and the study will be included in its entirety as an appendix In addition TPG will assist the City with an SB 18 (Native American) Consultation in support of Government Code 65040 2 H Geology and Soils TPG will review and summarize the geotechmcal study provided by the applicant for the project site The Wddomarfault is known to exist near the project site Therefore particular attention will be paid to the fault study provided by the project applicant to ensure that adequate setbacks have been incorporated into the project design TPG will incorporate the information contained in the study into the MND and include the report in its entirety as an appendix Hazards and Hazardous Materials This section will evaluate past site activities and proposed construction and determine whether the site currently contains materials that are hazardous to human health or the environment and whether the proposed uses of this site could result in such hazards TPG will prepare a narrative discussion of the presence /absence and significance of hazardous waste risks and if necessary recommendations for remediation measures that will be included in the MND The project site was historically used for agricultural operations Therefore on site soils have the potential to contain residual contaminates TPG will review and incorporate the Phase I and Phase II Environmental Site Assessments provided by the project applicant J Hydrology/Water Quality TPG will summarize hydrology information provided by the applicant for the project site TPG will provide the following analysis • Description of existing conditions including drainage areas flood hazard and facilities • Description of proposed discharge locations for stormwater runoff Assessment of potential surface water quality impacts due to urban runoff and Development of appropriate mitigation measures in accordance with the National Pollutant Discharge Elimination System (NPDES) and applicable County of Orange or City drainage requirements Page 5 AGENDA MM - l PAGE�OF_�_ K Land Use and Planning Past and present land use conditions will be documented and the local land use patterns will be described Analysis of project impacts will focus on project consistency with the City s General Plan and Zoning regulations Compatibility of the proposed land use plan with the surrounding land use pattern will also be discussed Specifically the Templeton Planning Group will Inventory all existing and planned land uses in the project area Analyze recent development trends within the general area and assess the consistency of the proposed development with both current development trends as well as relevant local and regional land use planning programs (i e City of Lake Elsinore General Plan Zoning Ordinance Architectural Design Guidelines etc) Provide a nexus between the projects environmental impacts in aggregate and the environmental compatibility of the proposed project with surrounding uses and Propose mitigation measures to reduce potential conflicts between the proposed development and the surrounding uses and future development to the maximum extent feasible L Noise TPG will review and incorporate the Acoustical Analysis provided by the project applicant into the MND The study will be included in its entirety as an appendix M Population /Housing The project s Population /Housing impacts will be evaluated against a background of SCAG s Regional Housing Needs Assessment and other appropriate publicly available planning documents and criteria If appropriate TPG will introduce mitigation measures to reduce impacts N Public Services and Utilities TPG will coordinate with service and utility providers to determine if development of the project site with its proposed uses can be adequately served The following service and utility providers will be contacted Lake Elsinore Police Department Riverside County Fire Department Page 6 AGENDA rMM NO PAGEL I OF Lake Elsinore Unified School District Elsinore Valley Water District Riverside County Waste Management Department Southern California Edison Southern California Gas O Recreation TPG will consult with the City of Lake Elsinore Community Services Department to evaluate the proposed projects impact on existing recreational facilities and any impacts resulting from recreational facilities proposed as part of the project The analysis will include evaluation of Quimby Act requirements General Plan parkland standards and other appropriate criteria P Transportation/Traffic In order to assess potential traffic impacts of the proposed project Templeton Planning Group will work closely with the City s Transportation staff to ensure that the traffic study prepared by the project applicant adequately addresses the concerns of City staff and the public at large After review of the traffic study the results findings and recommendations will be incorporated into the MND This traffic study will be included in its entirety as an appendix Q Screencheck Review /Revision TPG will meet with City staff to discuss staff comments on the Screencheck Draft MND (5 copies will be provided) and will revise and supplement the Screencheck Draft MND as appropriate It is anticipated that all City comments will be transmitted in writing and at the same time Upon approval of the Draft MND by City staff fifty (50) copies of the Draft MND will be prepared by TPG and distributed to the cooperating agencies TPG will also complete the Notice of Completion (NOC) for signature by the City of Lake Elsinore and forward to the State Clearinghouse R Final Environmental Assessment / Response to Comments Following receipt of all comments on the Draft MND from responsible agencies a Response to Comments document will be prepared and incorporated into the Final MND along with required ordinances staff reports and findings The cost estimate for this task has been based on an estimated 40 hours to prepare responses Costs beyond the 40 hours for preparing the responses will be on a time and materials basis TPG will also prepare the Notice of Determination (NOD) for signature by the City of Lake Elsinore and file these documents with the County Clerk Page 7 AGENDA nEM NO 1 PAGE (O 01 — III Mitigation Monitoring Program Section 21081 6 of the Public Resources Code requires lead agencies to adopt a monitoring /reporting program for any project for which mitigation measures have been required The actual program must be adopted at the time of project approval A mitigation monitoring program as required by Section 21081 6 of the Public Resources Code will be prepared The appropriate time frame for each proposed mitigation measure will be identified In addition the entity responsible for implementation of the measure and for monitoring and check off will be identified IV Meetings and Public Hearings TPG will coordinate closely with the City staff to ensure the product delivered is a product anticipated by staff and one that will serve as a useful tool for decision makers when considering project approval In an effort to achieve this level of communication we have included a total of 10 meetings with City staff including public hearings V Project Management and Coordination Templeton Planning Group (TPG) will work closely with the city interested private parties and other governmental entities to ensure the delivery of a quality product in a timely manner Our responsibilities will include (1) consultation and coordination with local state and federal agencies relative to the environmental document and the environmental review process (2) coordination and communications with the City s project team to ensure that City policies procedures and any applicable codes are complied with and where applicable are incorporated into the MND (3) ensuring that the environmental review process and the MND satisfy the statutes and guidelines of CEQA the City of Lake Elsinore General Plan and CEQA Procedures (4) and appearing in public meetings and project progress meetings as requested by the City 3 Cost Estimate The cost estimate on the following pages has been prepared to outline MND related costs The Templeton Planning Group will complete the previous scope of work for a not to exceed cost of $74 250 including reimburseables This cost estimate remains valid for 90 days If it is determined through the initial study process that an Environmental Impact Report (EIR) must be prepared or if additional technical studies are required then it will be handled by a contract addendum Mr Peter Templeton Principal at the Templeton Planning Group has the authority to negotiate contracts with the City He can be reached at the Templeton Planning Group 1470 Jamboree Road Suite 200 Newport Beach California 92660 Telephone (949) 718 0640 t-M AGENDA ITEM NOx- PAGE I� OF Page 9 AGENDA ITEM NO PAGE__. a OF 1 IMMOMMUSIM Task Description Total Cost Templeton Planning Group Director $200 /Hr Project Planner $100 /Hr 1 Review of Technical Studies 30 0 $6 000 00 2 Mitigated Negative Declaration (MND) A General Information 4 4 $120000 B Disc of Env Evaluation 4 4 $1 20000 C Aesthetics 4 6 $1 40000 D Agricultural Resources 4 4 $120000 E Air Quality 4 8 $1 60000 F Biological Resources 6 8 $2 000 00 G Cultural Resources 12 6 $3 000 00 H Geology and Sods 8 8 $2 400 00 1 Hazards and Hazardous Materials 8 6 $2 200 00 J Hydrology/Water Quality 10 6 $2 600 00 K Land Use and Planning 6 10 $2 200 00 L Noise 4 8 $160000 M Population /Housing 8 8 $2400001 N Public Services and Utilities 6 20 $3 200 00 O Recreation 4 4 $1 200 00 P Transportation/Traffic 8 14 $3000001 Q Screencheck Review /Revision 20 20 $6 000 00 R Final Env Assessment /Response To Comments 20 20 $6 000 00 3 Mitigation Monitoring Program 8 8 $2 400 00 4 Meetings and Public Hearings 30 15 $7 500 00 5 Project Management and Coordination 30 0 $6 000 00 TOTAL (TPG Labor) 238 187 $66 300 00 Page 9 AGENDA ITEM NO PAGE__. a OF 1 Hours and fees shown are not to exceed estimates that will be billed on a time and matenals basis in accordance with the current hourly rates and fee schedules for the firms and for the personnel involved Should circumstances arise where a greater than expected level of effort is warranted the City may request a greater level of effort by TPG or by subconsultants Such extra level of effort would be considered beyond the scope of this budget and additional fees and expenses would be charged on a time and materials basis in accordance with the current hourly rates and fee schedules for the firms and Notice of Determination CDFG Filing Fee $1 80000 Postage /Deliveries /FAX $1 000 00 5 Copies of Screencheck Mitigated Negative Declaration ($60 /Report) $30000 50 Copies of Draft Mitigated Negative Declaration ($60 /Report) $3 000 00 5 Copies of Screencheck Response to Comments ($40 /Report) $20000 30 Copies of Response to Comments ($40 /Report) $1 20000 15 Copies of Mitigation Monitoring Program ($15 /Report) $22500 3 Copies of Final Mitigated Negative Declaration ($75 /Report) $22500 Reimbursables Total $7 950 00 TOTAL ESTIMATED BUDGET $74 250 00 Page 10 AGENDA REM NO PAGE 1'� OF—a-- TEMPLETON PLANNING GROUP BILLING RATE SCHEDULE March 2007 Title Billing Rate Prmcipal/Expert Witness Testimony $350/hr Peter Templeton Principal $275/hr Bill Warkenttn Semor Architect $225/hr CEQA Strategy/Third Party EIR Review $220/hr G J Shu, Semor Designer $200/hr Paul Orzechowski Semor Grading Designer $200/hr Nicole Morse Director of Environmental Services $200/hr Semor Project Manager $175/hr Vanessa Ko Project Manager $160/hr Ann Leishman, Site Design Planner $150/hr Assistant Project Manager $150/hr Ken Shevlm Project Planner II $105/hr Olivia Young Project Planner $100/hr Environmental Analyst $ 75/hr Accountant $ 551hr Graphic Designer $ 55/hr Word Processor $ 45/hr Page 11 AGENDA ITEM NO f PACE OF 1 �_ 4 Schedule The work tasks listed above are anticipated to take approximately 6 months to complete However the tasks will be completed as agreed upon with the client 5 Subsequent Services If any additional work or studies are requested by the client in excess of the work described above such as additional meetings technical studies conversion of the document to an EIR or special graphic studies these tasks will be handled by a contract addendum 6 Fee Basis and Amount Work performed will be billed on a monthly time and materials basis as work is performed and payment will be due upon receipt of invoice You will only be billed for work performed per your request 7 Reimbursables Charges for out of pocket expenses for services equipment and facilities not directly furnished by the Templeton Planning Group and any unusual items of expense not customarily incurred in our normal operations are computed at cost Such items include but are not limited to delivery costs printing and binding of reports sub consultants computer charges living and travel out of town scanning costs rental of equipment and vehicles and photographic and film processing These reimbursable costs are not included in our estimated budget and are anticipated to be approximately $7 950 Page 12 AGENDA ITEM NO q PAGE IS OF 11 ACKNOWLEDGMENT If the foregoing arrangement is satisfactory please indicate your approval by executing the original of this contract and return the some to this office whereupon this document shall become binding on both parties An additional copy of this contract is enclosed for your records TEMPLETON PLANNING GROUP Peter Templeton Principal Approved and consented to on CITY OF LAKE ELSINORE 2007 by Wendy Worthy Principal Environmental Planner Page 13 AGENDA ITEM NO OF PAGE 16 I ACKNOWLEDGMENT If the foregoing arrangement is satisfactory please indicate your approval by executing the original of this contract and return the same to this office whereupon this document shall become binding on both parties An additional copy of this contract is enclosed for your records Peter Templeton Principal Approved and consented to on CITY OF LAKE ELSINORE Wendy Worthy Principal Environmental Planner Page 13 2007 by AGENDA ITEM NO �1 PAGE 11 OF I$ CITY OF LADE LSIIYOIZE REME August 21 2007 Resident Butterfield Village Mobile Home Park 32900 Riverside Drive Lake Elsinore CA 92530 SUBJECT Consent Calendar Item for August 28 2007 City Council Meeting Dear Resident The following item has been scheduled to be placed on the agenda as a Consent Calendar Item for the August 28 2007 City Council Meeting Authorization for City Manager to enter into contract with Templeton Planning Group to prepare CEQA (Environmental) compliance documents for the residential development project known as Classic Pacific Courtyard Estates This request is for the approval of a contract for consultant services only and is not a consideration for any proposed development of the site adjacent to the Butterfield Village Mobile Home Park Development proposals for the site adjacent to Butterfield Village Mobile Home Park will require review by both the City of Lake Elsinore Planning Commission and City Council at a later date The Lake Elsinore City Council will consider this item on Tuesday August 28 2007 7 00 p m at the City of Lake Elsinore Cultural Center 183 North Main Street Lake Elsinore CA 92530 Please feel free to contact me at 951 -674 3124 ext 270 with any questions Thank you for giving the City of Lake Elsinore the opportunity to assist you Sincerely CITY OF LAKE ELSINORE www lake- elsinor�e org \ Tom Weiner Planning Manager 951 674 3124 130 S MAIN STREET LAKE ELSINORE CA 92530 WWW LAKE ELSINORE ORG AGENDA ITEM NO PAGE__�)_OF 1 I_ CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT A BRADY, CITY MANAGER DATE AUGUST 28, 2007 SUBJECT ADOPT A RESOLUTION OF INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO 2007 -4 (MAKENNA COURT) AND RESOLUTION OF INTENTION TO INCUR BONDED INDEBTEDNESS BACKGROUND Corman Leigh LLC (the Developer ) submitted an application (including a finance plan) for the establishment of a Community Facilities District for their development Makenna Court , located between Machado Street and Terra Cota Road DISCUSSION The Developer plans to develop 81 single family detached units (the Project ) Special Tax The average residential special tax is estimated at $2,485 The annual CFD Special Taxes, when combined with all other property taxes applicable to the Project, have been established so as not to exceed 192% of the anticipated residential home prices within the project which is within the 2% City CFD guidelines The 2% maximum tax rate includes estimates for the City development impact fees ( City Fees ), EVMWD sewer and water capacity fees ( EVMWD Fees ) LEUSD impact fees and, if sufficient bonding capacity is available, City improvements (collectively City Facilities ) This development does not fall under the new CFD guidelines adopted by the City Agenda Item No 5 Page / of f-3—Y REPORT TO CITY COUNCIL AUGUST 28, 2007 PAGE 2 Council in 2005, therefore, there is an annual escalator of 2% per year is proposed for the annual special tax The Mello Roos Community Facilities Act of 1982 ( the Mello Roos Act ) was specifically drafted to assist agencies with the impacts of new developments In addition to providing a mechanism to fund the construction of public infrastructure the Mello Roos Act allows an agency to fund the incremental increase in cost of services due to the new development Bond Issue In order to finance the facilities it is necessary to incur bonded indebtedness The not to exceed amount is $4,000,000 The bond issue is expected to be approximately $2 9 million It is anticipated that the bond issue will have an escalating debt structure, based on the 2% annual increase in special taxes Parks, Open Space and Storm Drains Operation and Maintenance Built into the rate and method of apportionment (RMA) is a special tax to cover a portion of the increased cost of maintaining parks, open space and storm drains as a result of the new development The Mello Roos Community Facilities Act of 1982 ( "the Mello Roos Act ) was specifically drafted to assist agencies with the impacts of new developments In addition to providing a mechanism to fund the construction of public infrastructure the Mello -Roos Act allows an agency to fund the incremental increase in cost of services due to the new development These services include police, fire (including paramedic), maintenance of parks, open space and storm drains A park open space and storm drain maintenance component of the RMA is proposed and is being recommended for all new facilities CFD's as a part of the RMA As presented in the RMA, Section I residential property will be assessed $25178 per single family unit and $125 89 per multifamily unit for FY 2007 08 Agenda Item No 5 Page a of .37' REPORT TO CITY COUNCIL AUGUST 28, 2007 PAGE 3 FISCAL IMPACT Annual administrative expenses may be funded through bond fund earnings and the special annual tax levy Repayment of the bonds is secured by the special taxes levied on all property within the district, other than those properties that are exempt as provided in the respective rate and method of apportionment RECOMMENDATION The following is recommended to the City Council 1 Adopt Resolution of Intention No 2007 — Z5 p to establish Community Facilities District No 2007 4 (Makenna Court) and calling a Public Hearing for October 9 2007 2 Adopt Resolution of Intention No 2007 1 5 7 to incur bonded indebtedness with proposed CFD No 2007 4 (Makenna Court) PREPARED BY APPROVED FOR AGENDA BY MATT N PRESSE 'Z DIRECTOR OF ADMINISTRATIVE SERVICES Agenda Item No 5 Page 3 of 341 PROPOSED BOUNDARY OF COMMUNITY FACILITIES DISTRICT No 2007 -4 OF THE CITY OF LAKE ELSINORE (MAKENNA COURT) COUNTY OF RIVERSIDE STATE OF CALIFORNIA EXCLUDING LOT 81 OF TRACT 33486 sc 1 I uu PROJECT SITE 2/ EXCLUDING LOT 43 OF TRACT 33486 �iID N M OIIIZ V M O}Y QON V M UIY a LAIS D9155 TR NY O IEIOY mIIIY M M NIIN NN 9101N10 M NOTO1m NIIMN ®V DyWIY �Iallp D01IN.T IIJ. DVFd DANfMU CMR OM1 Oi UIS DBIINE. C4VDIY 6 MMMNIG 8fA1E 6 GV /YIM Db ANNNO M M Sh mIIIN. 0/ M OIY 61.115 NAIOIFI IION4111 NNFDUm IfL1110 DN®! IQD SI M � MY O f00) AIq Apgy11W Its Am TO _ N1 R fOW AT M NIU10! O'SONCJY N NDK— M YY! V Affi9OII ND QY4MIY —I�' !10 NSIIOCIi A¢ MCl�MN1N� q MfIN�Ol1 �n M M O1MZ Q M COWM1 IRLg601 N M NIINIY A N \O ®E lfA2 d G11lbMA INKY N IfNO AS®OR- COIMITY gflN- IICSWI i01I11Y 6 R1fIlIDf m IRiDmIS M •MCND PANTY HlmGltB YNR FOt A KTNm O!>AIIOI O PMRt IILf AID DYDWN TIMM rye PROPOSED BOUNDARY MAP i ND ears WM t ASSMTM ad —m.wa. awwm. ca—W Dun= BDDI®IBi ® = 1 r IN rN T s I Oi161N -am w M w.Nw - - - -- AGENDA ITEM NO RESOLUTION NO 2007- �5Ii RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, TO ESTABLISH CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO 2007 -4 (MAKENNA COURT) WHEREAS, the City Council (the Council ) of the City of Lake Elsinore (the City ) has received a petition (the 'Petition ) requesting the institution of proceedings for (i) formation of a community facilities district (the `CFD ) pursuant to the Mello Roos Community Facilities Act of 1982, as amended (the Act ), (n) authorization of issuance of bonds for the CFD, and (ill) establishment of an appropriations limit for the CFD, and WHEREAS the Council has determined that the Petition complies with the requirements of Government Code Section 53318(c) and now intends to initiate such proceedings and WHEREAS, it is the intention of the Council to finance parks, open space and storm drain maintenance services that are in addition to those provided in the territory within the CFD prior to the formation of the CFD and do not supplant services already available within the territory proposed to be included in the CFD through the formation of the CFD subject to the levy of a special tax to pay for such services, being approved at an election to be held within the boundaries of the CFD and WHEREAS, it is also the intention of the Council to finance the acquisition and construction of the Facilities (as defined below) or any combination thereof through the formation of the CFD, subject to the authorization of bonds and the levy of a special tax to pay lease payments, installment purchase payments or other payments or principal and interest on bonds, being approved at an election to be held within the boundaries of the CFD NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS SECTION 1 The Council hereby determines to institute proceedings for the formation of a community facilities district under the terms of the Act The exterior boundaries of the CFD are hereby specified and described to be as shown on that certain map now on file in the office of the Clerk entitled 'Proposed Agenda Item No r--5— Page —S' of CITY COUNCIL RESOLUTION NO 2007 - PAGE 2 OF 6 Boundary of Community Facilities District No 2007 4 of the City of Lake Elsinore (Makenna Court), which map indicates by a boundary line the extent of the territory included in the proposed community facilities district and shall govern for all details as to the extent of the CFD On the original and one copy of the map of such CFD on file in the City Clerk's office the Interim City Clerk shall endorse the certificate evidencing the date and adoption of this Resolution The Interim City Clerk shall file the original of such map in her office and, within fifteen (15) days after the adoption of this Resolution, the Interim City Clerk shall file a copy of such map so endorsed in the records of the County Recorder, County of Riverside, State of California SECTION 2 The name of the proposed CFD shall be City of Lake Elsinore Community Facilities District No 2007 -4 (Makenna Court) " SECTION 3 Except where funds are otherwise available, it is the intention of the Council to levy annually in accordance with procedures contained in the Act a special tax (the Services Special Tax ) sufficient to finance a portion of the cost of providing parks, open space and storm drain maintenance services (the 'Services") that are in addition to those provided in the territory within the CFD prior to the formation of the CFD and do not supplant services already available within the territory proposed to be included in the CFD, the costs of administering the levy and collection of the Services Special Tax and all other costs of the levy of the Services Special Tax, including any foreclosure proceedings, legal, fiscal and financial consultant fees, election costs, and all other administrative costs of the tax levy The Services Special Tax will be secured by recordation of a continuing lien against all real property in the CFD The schedule of the rate and method of apportionment and manner of collection of the Services Special Tax is described in detail in Exhibit A attached hereto The Services Special Tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325 3 of the Act SECTION 4 The facilities proposed to be financed by the CFD are public infrastructure facilities and other governmental facilities with an estimated useful life of five years or longer, which the CFD is authorized by law to construct own or operate and that are necessary to meet increased demands placed upon the City as a result of development or rehabilitation occurring within the proposed CFD as described in more detail in Exhibit B attached hereto and related costs including design, inspections, professional fees, annexation fees, connection fees and Agenda Item No 5 Page (0 of CITY COUNCIL RESOLUTION NO 2007 - PAGE 3 OF 6 acquisition costs (the Facilities ) Such Facilities need not be physically located within the CFD SECTION 5 Except where funds are otherwise available, it is the intention of the Council to levy annually in accordance with procedures contained in the Act a special tax (the Special Tax ) sufficient to pay for the costs of financing the acquisition and/or construction of the Facilities, including the principal of and interest on the bonds proposed to be issued to finance the Facilities and other periodic costs, the establishment and replenishment of reserve funds, the remarketing, credit enhancement and liquidity fees, the costs of administering the levy and collection of the Special Tax and all other costs of the levy of the Special Tax and issuance of the bonds including any foreclosure proceedings, architectural, engineering, inspection, legal, fiscal, and financial consultant fees, discount fees, interest on bonds due and payable prior to the expiration of one year from the date of completion of facilities (but not to exceed two years), election costs and all costs of issuance of the bonds, including, but not limited to, fees for bond counsel, disclosure counsel financing consultants and printing costs, and all other administrative costs of the tax levy and bond issue The Special Tax will be secured by recordation of a continuing lien against all real property in the CFD In the first year in which such a Special Tax is levied the levy shall include a sum sufficient to repay to the City all amounts, if any transferred to the CFD pursuant to Section 53314 of the Act and interest thereon The schedule of the rate and method of apportionment and manner of collection of the Special Tax is described in detail in Exhibit A attached hereto The Special Tax is apportioned to each parcel pursuant to Section 53325 3 of the Act In the event that a portion of the property within the CFD shall become for any reason exempt, wholly or partially, from the levy of the Special Tax, the Council shall on behalf of the CFD, increase the levy to the extent necessary upon the remaining property within the CFD which is not delinquent or exempt in order to yield the required payments, subject to the maximum tax Under no circumstances, however, shall the Special Tax levied against any parcel used for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the CFD by more than 10 percent Furthermore, the maximum special tax authorized to be levied against any parcel used for private residential purposes shall not be increased over time in excess of 2 percent per year Agenda Item No Page 7 of CITY COUNCIL RESOLUTION NO 2007 -_ PAGE 4 OF 6 SECTION 6 The Council hereby finds that the proposed Facilities are necessary to meet increased demands put upon the City as a result of the new development or rehabilitation within the proposed CFD SECTION 7 A public hearing (the 'Hearing ) on the establishment of the CFD and the proposed rate and method of apportionment of the Services Special Tax and the Special Tax shall be held on October 9, 2007 at 7 00 p in, or as soon thereafter as practicable, at the Lake Elsinore Cultural Center located at 183 North Main Street, Lake Elsinore, California 92530 SECTION 8 At the time and place set forth above for the hearing, any interested person, including all persons owning lands or registered to vote within the proposed CFD, may appear and be heard SECTION 9 Each City officer who is or will be responsible for the Services and the Facilities to be financed by the CFD, if it is established is hereby directed to study the proposed CFD and, at or before the time of the above mentioned Hearing, file a report with the Council, and which is to be made a part of the record of the Hearing, containing a brief description of the Services and the Facilities by type which will in his or her opinion be required to adequately meet the needs of the CFD and his or her estimate of the cost of providing the Services and the Facilities The City Manager is directed to estimate the fair and reasonable cost of all incidental expenses including the cost of planning and designing the Facilities to be financed pursuant to the Act, including the cost of environmental evaluations of such facilities, all costs associated with the creation of the CFD, issuance of bonds determination of the amount of any special taxes, collection of any special taxes, or costs otherwise incurred in order to carry out the authorized purposes of the City with respect to the CFD, and any other expenses incidental to the construction, completion and inspection of the authorized work to be paid through the proposed financing SECTION 10 The City may accept advances of funds from any sources including private persons or private entities and is authorized and directed to use such funds for any authorized purpose, including any cost incurred by the City in creating the CFD The City may enter into an agreement to repay all of such funds as are not expended or committed for any authorized purpose at the time of the election on the levy of the Services Special Tax and the Special Tax, if the proposal to levy such tax should fail and to repay all of such funds advanced if the Agenda Item No p' 5 Page O of CITY COUNCIL RESOLUTION NO 2007 - PAGE 5 OF 6 levy of the Services Special Tax and the Special Tax shall be approved by the qualified electors of the CFD SECTION 11 The Interim City Clerk is hereby directed to publish a notice ('Notice") of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of the proposed CFD Such Notice shall contain information set forth in Section 53322 of the Act Such publication shall be completed at least 7 days prior to the date of the Hearing SECTION 12 The Interim Clerk may send a copy of the Notice by first - class mail, postage prepaid, to each registered voter and to each landowner within proposed CFD as shown on the last equalized assessment roll Said mailing shall be completed not less than fifteen (15) days prior to the date of the Hearing SECTION 13 Pursuant to Section 53344 1 of the Act the Council hereby reserves to itself, in its sole discretion, the right and authority by subsequent resolution to allow any owner of property within the CFD subject to the provisions of Section 53344 1 of the Act and those conditions as it may impose and any applicable prepayment penalties as prescribed in the bond indenture or comparable instrument or document, to tender to the CFD treasurer in full payment or part payment of any installment of the special taxes or the interest or penalties thereon which may be due or delinquent, but for which a bill has been received any bond or other obligation secured thereby, the bond or other obligation to be taken at par and credit to be given for the accrued interest shown thereby computed to the date of tender SECTION 14 The voting procedure with respect to the establishment of the CFD and the imposition of the special tax shall be by hand delivered or mailed ballot election SECTION 15 This Resolution shall take effect from and after the date of its passage and adoption Agenda Item No Page J— of -�� CITY COUNCIL RESOLUTION NO 2007 - PAGE 6 OF 6 PASSED, APPROVED AND ADOPTED this 28th day of August, 2007 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 5 Page /D of —3y EXHIBIT A RATE AND METHOD OF APPORTIONMENT Agenda Item No C Page l( of EXHIBIT B DESCRIPTION OF FACILITIES City of Lake Elsinore Fees Library Fee Master Plan of Drainage Fee Park In Lieu Fee Traffic Impact Fee Fire Facilities Impact Fee Public Building Impact Fee Transportation Uniform Mitigation Fee Multiple Species Habitat Conservation Plan Fee City of Lake Elsinore Facilities Storm Drain Facilities Traffic Signal Improvements Street Improvements Lake Elsinore Unified School District Fees Elsinore Valley Municipal Water District Fees Water Connection Fee Sewer Connection Fee Landscape Irrigation Meters - 2" Fee Landscape Irrigation Meters 1" Fee Landscape Irrigation Meters Backflow Inspection Fee Agenda Item No_, / Page /02— of� RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT No 2007 4 OF THE CITY OF LAKE ELSINORE (MAKENNA COURT) A Special Tax shall be levied on all Assessor s Parcels in Community Faciltttes District No 2007 4 of the City of Lake Elsinore (Makenna Court) ( CFD No 2007 4 ) and collected each Fiscal Year commencing in Fiscal Year 2007 2008 in an amount determined through the application of this Rate and Method of Apportionment as described below All of the real property in CFD No 2007 4 unless exempted by law or by the provisions hereof shall be taxed for the purposes to the extent and in the manner herein provided A DEFINITIONS The terms hereinafter set forth have the following meanings "Acre" or "Acreage" means the land area of an Assessor s Parcel as shown on an Assessor s Parcel Map or if the land area is not shown on an Assessor s Parcel Map the land area shown on the applicable final map parcel map condominium plan or other recorded County parcel map "Act" means the Mello Roos Community Facilities Act of 1982 being Chapter 2 5 Part 1 Division 2 of Title 5 of the California Government Code "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No 2007 4 the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both) the costs of collecting the Special Taxes (whether by the City or otherwise) the costs of remitting the Special Taxes to the Trustee the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the hidenture the costs to the City CFD No 2007 4 or any designee thereof of complying with arbitrage rebate requirements the costs to the City CFD No 2007 4 or any designee thereof of complying with disclosure requirements of the City CFD No 2007 4 or obligated persons associated with applicable federal and state securities laws and the Act the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes the costs of the City CFD No 2007 4 or any designee thereof related to an appeal of the Special Tax the costs associated with the release of funds from an escrow account and the City s annual administration fees and third party expenses Administrative Expenses shall also include amounts estimated by the CFD Administrator or advanced by the City or CFD No 2007 4 for any other administrative purposes of CFD No 2007 4 including attorney s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes "Apartment Property" means all Assessor s Parcels of Residential Property on which one or more Apartment Units are constructed City of Lake Elsinore August 15 2007 Community Facilities District No 2007 4 (Makenna Court) Page 1 Agenda Item No C Page 13— of "Apartment Unit" means a dwelling unit within a building comprised or attached residential units available for rental by the general public not for sale to an end user and under common management "Assessor's Parcel" means a lot or parcel to which an Assessor s parcel number is assigned as determined from an Assessor s Parcel Map or the applicable assessment roll "Assessor's Parcel Map" means an official map of the County Assessor of the County designating parcels by Assessor s Parcel number "Assigned Special Tax for Facilities" means the Special Tax for Facilities for each Land Use Class of Developed Property as determined in accordance with Section C 1 (b) below "Authorized Facilities" means those facilities eligible to be funded by CFD No 2007 4 "Backup Special Tax for Facilities" means the Special Tax for Facilities applicable to each Assessors Parcel of Developed Property as determined in accordance with Section C 1 (c) below "Certificate of Occupancy" means a certificate issued by the City that authorizes the actual occupancy of a dwelling unit for habitation by one or more residents "CFD Administrator" means an official of the City or designee thereof responsible for determining the Special Tax Requirement for Facilities the Special Tax Requirement for Services as determined in accordance with Section I below and providing for the levy and collection of the Special Taxes "CFD No 2007 4" means Community Facilities District No 2007 4 of the City of Lake Elsinore (Makenna Court) "CFD No 2007 4 Bonds" means any bonds or other debt (as defined in Section 53317(d) of the Act) whether in one or more series issued by CFD No 2007 4 and secured solely by the Special Tax for Facilities levy on property within the boundaries of CFD No 2007 4 under the Act "City" means the City of Lake Elsinore "Council" means the City Council of the City of Lake Elsinore acting as the legislative body of CFD No 2007 4 "County" means the County of Riverside City of Lake Elsinore August 15 2007 Community Facilities District No 2007 4 (Makenna Court) Page 2 Agenda Item No Page - of 4 "Developed Property " means with respect to the Special Tax for Facilities for each Fiscal Year all Taxable Property exclusive of Taxable Public Property and Taxable Property Owner Association Property for which the Final Subdivision was recorded on or before January 1 of the prior Fiscal Year and a building permit for new construction was issued on or before May 1 of the Fiscal Year preceding the Fiscal Year for which the Special Tax for Facilities is being levied "Final Subdivision" means a subdivision of property by recordation of (i) a final map or portion thereof approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq ) that creates individual lots for which building permits may be issued or (n) lot line adjustment approved by the City "Fiscal Year" means the period starting July 1 and ending on the following June 30 "Indenture" means the indenture fiscal agent agreement resolution or other instrument pursuant to which CFD No 2007 4 Bonds are issued as modified amended and/or supplemented from time to time and any instrument replacing or supplementing the same "Land Use Class" means any of the classes listed in Table 1 below "Maximum Special Tax for Facilities" means the maximum Special Tax for Facilities determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor s Parcel "Non Residential Property" means all Assessor s Parcels of Developed Property for which a building permit permitting the construction of one or more non residential units or facilities has been issued by the City and which is not otherwise Residential Property "Outstanding Bonds" means all CFD No 2007 4 Bonds which are deemed to be outstanding under the Indenture "Property Owner Association Property" means for each Fiscal Year (i) any property within the boundaries of CFD No 2007 4 that was owned by a property owner association including any master or sub association as of January 1 of the prior Fiscal Year (u) any property located in a Final Subdivision that was recorded as of the May 1 preceding the Fiscal Year in which the Special Tax is being levied and which as determined from such Final Subdivision is or will be open space a common area recreation facility or a private street or (in) any property which as of the May 1 preceding the Fiscal Year for which the Special Tax is being levied has been conveyed irrevocably dedicated or irrevocably offered to a property owners association including any master or sub association provided such conveyance dedication or offer is submitted to the CFD Administrator by May 1 preceding the Fiscal Year for which the Special Tax is being levied City of Lake Elsinore August 15 2007 Community Facilities District No 2007 4 (Makenna Court) Page 3 Agenda Item No Page -4-E� of "Proportionately" means for Developed Property that the ratio of the actual Special Tax for Facilities levy to the Assigned Special Tax for Facilities is equal for all Assessor s Parcels of Developed Property For Undeveloped Property Proportionately means that the ratio of the actual Special Tax for Facilities levy per Acre to the Maximum Special Tax for Facilities per Acre is equal for all Assessor s Parcels ofUndeveloped Property The term Proportionately may similarly be applied to other categories of Taxable Property as listed in Section D below "Public Property" means property within the boundaries of CFD No 2007 4 owned by irrevocably offered or dedicated to or over through or under which an easement for purposes of public use has been granted to the federal government the State the County the City or any local government or other public agency provided that any property leased by a public agency to a private entity and subject to taxation under Section 53340 1 of the Act shall be taxed and classified according to its use "Residential Floor Area" means all of the square footage of living area within the perimeter of a residential structure not mcluchng any carport walkway garage overhang patio enclosed patio or similar area The determination of Residential Floor Area for an Assessor s Parcel shall be made by reference to the building permit(s) issued for such Assessor s Parcel Such determination shall be final following the issuance of a Certificate of Occupancy for the dwelling unit "Residential Property" means all Assessor s Parcels of Developed Property for which a building permit permitting the construction thereon of one or more residential dwelling units has been issued by the City "Single Family Property" means all Assessor s Parcels of Residential Property other than Apartment Property "Special Tax" means any of the special taxes authorized to be levied by CFD No 2007 4 pursuant to the Act "Special Tax for Facilities" means the special tax to be levied in each Fiscal Year on each Assessors Parcel of Developed Property Taxable Property Owner Association Property Taxable Public Property and Undeveloped Property to fund the Special Tax Requirement for Facilities "Special Tax Requirement for Facilities" means that amount required in any Fiscal Year for CFD No 2007 4 to (i) pay debt service on all Outstanding Bonds due in the calendar year commencing in such Fiscal Year (u) pay periodic costs on the CFD No 2007 4 Bonds including but not limited to credit enhancement and rebate payments on the CFD No 2007 4 Bonds due in the calendar year commencing in such Fiscal Year (iii) pay a proportionate share of Administrative Expenses (iv) pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds (v) pay for reasonably anticipated Special Tax for City of Lake Elsinore August 15 2007 Community Facilities District No 2007 4 (Makenna Court) Page 4 Agenda Item No e1 Page �� of zIr Facilities delinquencies (vi) pay directly for acquisition or construction of Authorized Facilities to the extent that the inclusion of such amount does not increase the Special Tax for Facilities levy on Undeveloped Property less (vu) a credit for funds available to reduce the annual Special Tax for Facilities levy as determined by the CFD Administrator pursuant to the Indenture "State" means the State of California "Taxable Property" means all of the Assessors Parcels within the boundaries of CFD No 2007 4 which are not exempt from the Special Tax for Facilities pursuant to law or Section E below "Taxable Property Owner Association Property" means all Assessor s Parcels ofProperty Owner Association Property that are not exempt pursuant to Section E below "Taxable Public Property " means all Assessor s Parcels of Public Property that are not exempt pursuant to Section E below "Trustee" means the trustee or fiscal agent under the Indenture "Undeveloped Property " means for each Fiscal Year all Taxable Property not classified as Developed Property Taxable Property Owner Association Property or Taxable Public Property B ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year all Taxable Property within CFD No 2007 4 shall be classified as Developed Property Taxable Public Property Taxable Property Owner Association Property or Undeveloped Property and shall be subject to the Special Tax for Facilities in accordance with this Rate and Method of Apportionment determined pursuant to Sections C and D below Each Assessor s Parcel of Residential Property shall be assigned to Land Use Classes 1 through 7 as listed in Table 1 below based on unit type and Residential Floor Area Each Assessor s parcel of Non Residential Property shall be assigned to Land Use Class 8 C MAXIMUM SPECIAL TAX FOR FACILITIES Prior to the issuance of CFD No 2007 4 Bonds the Assigned Special Tax for Facilities on Developed Property (set forth in Table 1) and the Backup Special Tax for Facilities attributable to a Final Subdivision may be reduced in accordance with and subject to the conditions set forth in this paragraph If it is reasonably determined by the CFD Administrator that the overlapping debt burden (as defined in the Statement of Goals and Policies for the Use of the Mello Roos Community Facilities Act of 1982 adopted by the Council the Goals and Policies ) calculated pursuant to the Goals and Policies based upon the Assigned Special Tax for Facilities on Developed Property exceeds the City s maximum level objective set forth in City of Lake Elsinore August 15 2007 Community Facilities District No 1007 4 (Makenna Court) Page 5 Agenda Item No 5 Page 17— of level objective set forth in such document the Assigned Special Tax for Facilities on Developed Property and the Backup Special Tax for Facilities attributable to a Final Subdivision may be reduced to the amount necessary to satisfy the City s objective with respect to the maximum overlapping debt burden level with the written consent of the CFD Administrator The reductions permitted pursuant to this paragraph shall be reflected in an amended notice of Special Tax hen which the City shall cause to be recorded by executing a certificate in substantially the form attached hereto as Exhibit A Developed Property (a) Maximum Special Tax for Facilities The Maximum Special Tax for Facilities for each Assessors Parcel classified as Developed Property shall be the greater of (1) the amount derived by application of the Assigned Special Tax for Facilities or (u) the amount derived by application of the Backup Special Tax for Facilities (b) Assigned Special Tax for Facilities The Assigned Special Tax for Facilities for each Land Use Class is shown below in Table 1 TABLE 1 Assigned Special Tax for Facilities for Developed Property Community Facilities District No 20074 Fiscal Year 2007 2008 Land Use Class Description Residential Floor Area Assigned Special Tax for Facilities 1 Single Family Property More than 2 700 sq ft $2 784 per um 2 Single Family Property 2 450 — 2 700 sq ft $2 676 per um 3 Single Family Property 2 200 — 2 449 sq ft $2 569 per um 4 Single Family Property 1950 — 2 199 sq ft $2 462 per um 5 Single Family Property 1 700 — 1949 sq ft $2 309 per um 6 Single Family Property Less than 1 700 sq ft $2 157 per um 7 Apartment Property NA $12 728 per Acr 8 Non Residential Property NA $12 728 per Acr City of Lake Elsinore August 15 2007 Community Facilities District No 2007 4 (Makenna Court) Page 6 Agenda Item No /8' �/ Page of - /' (c) Backup Special Tax for Facilities The Fiscal Year 2007 2008 Backup Special Tax for Facilities attributable to a Final Subdivision will equal $13 395 multiplied by the Acreage of all Taxable Property exclusive of any Taxable Property Owner Association Property and Taxable Public Property therein The Backup Special Tax for Facilities for each Assessor s Parcel of Residential Property shall be computed by dividing the Backup Special Tax for Facilities attributable to the applicable Final Subdivision by the number of Assessor s Parcels and/or residential units for which building permits for residential construction have or maybe issued (i a the number or residential lots and/or units) The Backup Special Tax for Facilities for each Assessor s Parcel of Non Residential Property therein shall equal $13 395 multiplied by the Acreage of such Assessor s Parcel If a Final Subdivision includes Assessor s Parcels of Taxable Property for which building permits for both residential and non residential construction may be issued exclusive of Taxable Property Owner Association Property and Taxable Public Property then the Backup Special Tax for Facilities for each Assessor s Parcel of Residential Property shall be computed exclusive of the Acreage and Assessors Parcels of property for which building permits for non residential construction maybe issued Notwithstanding the foregoing if all or any portion of the Final Subdivision(s) described in the preceding paragraphs is subsequently changed or modified by recordation of a lot line adjustment or similar instrument and only if the CFD Administrator determines that such change or modification results in a decrease in the number of Assessor s Parcels of Taxable Property for which building permits for residential construction have or may be issued within such Final Subdivision then the Backup Special Tax for Facilities for each Assessor s Parcel of Developed Property that is part of the lot line adjustment or similar instrument for such Final Subdivision shall be a rate per Acre as calculated below The Backup Special Tax for Facilities previously determined for an Assessor s Parcel of Developed Property that is not a part of the lot line adjustment or similar instrument for such Final Subdivision shall not be recalculated 1 Determine the total Backup Special Tax for Facilities anticipated to apply to the changed or modified portion of the Final Subdivision area prior to the change or modification 2 The result of paragraph 1 above shall be divided by the Acreage of Taxable Property which is ultimately expected to exist in such changed or modified portion of the Final Subdivision area as reasonably determined by the CFD Administrator City of Lake Elsinore August 15 2007 Community Facilities District No 2007 4 (Makenna Court) Page 7 Agenda Item No _F� Page 9 of —: The result of paragraph 2 above shall be the Backup Special Tax for Facilities per Acre which shall be applicable to Assessors Parcels of Developed Property in such changed or modified portion of the Final Subdivision area for all remaining Fiscal Years in which the Special Tax for Facilities may be levied (d) Increase in the Assigned Special Tax for Facilities and Backup Special Tax for Facilities The Fiscal Year 2007 2008 Assigned Special Tax for Facilities identified in Table 1 above and Backup Special Tax for Facilities shall increase thereafter commencing on July 1 2008 and on July 1 of each Fiscal Year thereafter by an amount equal to two percent (2 %) of the amount in effect for the previous Fiscal Year (e) Multiple Land Use Classes In some instances an Assessor s Parcel of Developed Property may contain more than one Land Use Class The Maximum Special Tax for Facilities levied on an Assessors Parcel shall be the sum of the Maximum Special Tax for Facilities for all Land Use Classes located on that Assessor s Parcel The CFD Administrator s allocation to each type of property shall be final Taxable Property Owner Association Property, Taxable Public Property and Undeveloped Pronertv The Fiscal Year 2007 2008 Maximum Special Tax for Facilities for Taxable Property Owner Association Property Taxable Public Property and Undeveloped Property shall be $13 395 per Acre and shall increase thereafter commencing on July 1 2008 and on July 1 of each Fiscal Year thereafter by an amount equal to two percent (2 %) of the Maximum Special Tax for Facilities in effect for the previous Fiscal Year D METHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR FACILITIES Commencing with Fiscal Year 2007 2008 and for each following Fiscal Year the Council shall determine the Special Tax Requirement for Facilities and levy the Special Tax for Facilities until the amount of Special Tax for Facilities levy equals the Special Tax Requirement for Facilities The Special Tax for Facilities shall be levied each Fiscal Year as follows First The Special Tax for Facilities shall be levied on each Assessor s Parcel of Developed Property in an amount equal to 100% of the applicable Assigned Special Tax for Facilities Second If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first step has been completed the Special Tax for Facilities shall be levied City of Lake Elsinore August 15 2007 Community Facilities District No 2007 4 (Makenna Court) Page 8 Agenda Item No Page aD of -T E Proportionately on each Assessors Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax for Facilities for Undeveloped Property Third If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first two steps have been completed then the levy of the Special Tax for Facilities on each Assessor s Parcel of Developed Property whose Maximum Special Tax for Facilities is determined through the application of the Backup Special Tax for Facilities shall be increased in equal percentages from the Assigned Special Tax for Facilities up to the Maximum Special Tax for Facilities for each such Assessors Parcel Fourth If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first three steps have been completed then the Special Tax for Facilities shall be levied Proportionately on each Assessor s Parcel of Taxable Property Owner Association Property and Taxable Public Property at up to 100% of the Maximum Special Tax for Facilities for Taxable Property Owner Association Property or Taxable Public Property Notwithstanding the above the Council may in any Fiscal Year levy Proportionately less than 100% of the Assigned Special Tax for Facilities in step one (above) when (1) the Council is no longer required to levy the Special Tax for Facilities pursuant to steps two through four above in order to meet the Special Tax Requirement for Facilities (u) all authorized CFD No 2007 4 Bonds have already been issued or the Council has covenanted that it will not issue any additional CFD No 2007 4 Bonds (except refunding bonds) to be supported by the Special Tax for Facilities and (m) all Authorized Facilities have been constructed and/or acquired and all reimbursements to the developer for the construction and/or acquisition of such facilities have been paid as permitted by law Further notwithstanding the above under no circumstances will the Special Tax for Facilities levied against any Assessors Parcel of Residential Property for which a Certificate of Occupancy has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor s Parcel within CFD No 2007 4 No Special Tax for Facilities shall be levied on up to 5 3 Acres of Property Owner Association Property and/or Public Property in CFD No 2007 4 Tax exempt status will be assigned by the CFD Administrator in the chronological order in which property becomes Property Owner Association Property or Public Property However should an Assessor s Parcel no longer be classified as Property Owner Association Property or Public Property its tax exempt status will be revoked Property Owner Association Property or Public Property that is not exempt from Special Tax for Facilities under this section shall be subl ect to the levy of the Special Tax for Facilities and shall be taxed Proportionately as part of the fourth step in Section D above at up to 100% of the Maximum Special Tax for Facilities for Taxable Property Owner Association Property or City of Lake Elsinore August 15 2007 Community Facilities District No 2007 4 (Makenna Court) Page 9 Agenda Item No Page '?/ of l Property or Taxable Public Property F MANNER OF COLLECTION The Special Tax for Facilities shall be collected in the same manner and at the same time as ordinary ad valorem property taxes provided however that CFD No 2007 4 may directly bill the Special Tax for Facilities may collect the Special Tax for Facilities at a different time or in a different manner if necessary to meet its financial obligations and may covenant to foreclose and may actually foreclose on delinquent Assessor s Parcels as permitted by the Act G PREPAYMENT OF SPECIAL TAX FOR FACILITIES The following additional definitions apply to this Section G "Buildout" means for CFD No 2007 4 that all expected building permits for dwelling units to be constructed in CFD No 2007 4 have been issued as reasonably determined by the CFD Administrator "CFD Public Facilities" means either $2 550 000 in 2007 dollars which shall increase by the Construction Inflation Index on July 1 2007 and on each July 1 thereafter or such lower number as (i) shall be determined by the CFD Administrator as sufficient to provide funding for all of the Authorized Facilities or (u) shall be determined by the Council concurrently with a covenant that it will not issue anymore CFD No 2007 4 Bonds (except refunding bonds) to be supported by the Special Tax for Facilities levy under this Rate and Method of Apportionment as described in Section D above "Construction Inflation Index" means the annual percentage change in the Engineering News Record Building Cost Index for the City of Los Angeles measured as of the calendar year which ends in the previous Fiscal Year In the event this index ceases to be published the Construction Inflation Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Engineering News Record Building Cost Index for the City of Los Angeles "Future Facilities Costs" means the CFD Public Facilities minus (1) costs of Authorized Facilities previously paid from the Improvement Fund (u) moneys currently on deposit in the Improvement Fund available to pay costs of Authorized Facilities and (iii) moneys currently on deposit in an escrow fund that are expected to be available to finance the cost of Authorized Facilities "Improvement Fund" means an account specifically identified in the Indenture to hold funds which are currently available for expenditure to acquire or construct Authorized Facilities City of Lake Elsinore August 15 2007 Community Facilities District No 2007 4 (Makenna Court) Page 10 Agenda Item No 5 Page °72 of "Previously Issued Bonds" means for any Fiscal Year all Outstanding Bonds that are deemed to be outstanding under the Indenture after the first interest and/or principal payment date following the current Fiscal Year Prepayment in Full Only an Assessors Parcel of Developed Property or Undeveloped Property for which a building permit has been issued may be prepaid The obligation of the Assessor s Parcel to pay the Special Tax for Facilities may be permanently satisfied as described herein provided that a prepayment may be made with respect to a particular Assessor s Parcel only if there are no delinquent Special Taxes with respect to such Assessor s Parcel at the time of prepayment An owner of an Assessor s Parcel intending to prepay the Special Tax for Facilities obligation shall provide the CFD Administrator with written notice of intent to prepay Withm 30 days of receipt of such written notice the CFD Administrator shall notify such owner of the prepayment amount for such Assessors Parcel The CFD Administrator may charge a reasonable fee for providing this service Prepayment must be made not less than 45 days prior to the next occurring date that notice of redemption of CFD No 2007 4 Bonds from the proceeds of such prepayment may be given by the Trustee pursuant to the Indenture The Special Tax for Facilities Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below) Bond Redemption Amount plus Redemption Premium plus Future Facilities Amount plus Defeasance Amount plus Administrative Fees and Expenses less Reserve Fund Credit less Capitahzed Interest Credit Total equals Special Tax for Facilities Prepayment Amount As of the proposed date of prepayment the Special Tax for Facilities Prepayment Amount shall be calculated as follows Paraeraph No Confirm that no Special Tax delinquencies apply to such Assessor s Parcel 2 For Assessor s Parcels of Developed Property compute the Assigned Special Tax for Facilities and Backup Special Tax for Facilities For Assessors Parcels of Undeveloped Property for which a building permit has been issued compute the Assigned Special Tax for Facilities and Backup Special Tax for Facilities for that City of Lake Elsinore August 15 2007 Community Facilities District No 2007 4 (Makenna Court) Page 11 Agenda Item No Page °23 of Assessor s Parcel as though it was already designated as Developed Property based upon the building permit which has already been issued for that Assessor s Parcel (a) Divide the Assigned Special Tax for Facilities computed pursuant to paragraph 2 by the total estimated Assigned Special Tax for Facilities for the entire CFD No 2007 4 based on the Developed Property Special Tax for Facilities which could be levied in the current Fiscal Year on all expected development through Buildout of CFD No 2007 4 excluding any Assessor s Parcels which have been prepaid and (b) Divide the Backup Special Tax for Facilities computed pursuant to paragraph 2 by the total estimated Backup Special Tax for Facilities at Buildout for the entire CFD No 2007 4 excluding any Assessor s Parcels which have been prepaid 4 Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the Previously Issued Bonds to compute the amount of Previously Issued Bonds to be retired and prepaid (the Bond Redemption Amount ) Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the applicable redemption premium (e g the redemption price 100 %) if any on the Previously Issued Bonds to be redeemed (the Redemption Premium ) Compute the current Future Facilities Costs Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the amount determined pursuant to paragraph 6 to compute the amount of Future Facilities Costs to be prepaid (the Future Facilities Amount ) Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Previously Issued Bonds Determine the Special Tax for Facilities levied on the Assessor s Parcel in the current Fiscal Year which has not yet been paid 10 Compute the minimum amount the CFD Administrator reasonably expects to derive from the reinvestment of the Special Tax for Facilities Prepayment Amount less the Future Facilities Amount and the Administrative Fees and Expenses (defined below) from the date of prepayment until the redemption date for the Previously Issued Bonds to be redeemed with the prepayment 11 Add the amounts computed pursuant to paragraphs 8 and 9 and subtract the amount computed pursuant to paragraph 10 (the Defeasance Amount ) 12 The administrative fees and expenses of CFD No 2007 4 are as calculated by the CFD City of Lake Elsinore August I5 2007 Community Facilities District No 2007 4 (Makenna Court) Page 12 Agenda Item No Page 12t• of ?!% CFD Administrator and include the costs of computation of the prepayment the costs to invest the prepayment proceeds the costs of redeeming CFD No 2007 4 Bonds and the costs of recording any notices to evidence the prepayment and the redemption (the Administrative Fees and Expenses ) 13 The reserve fund credit (the Reserve Fund Credit ) shall equal the lesser of (a) the expected reduction in the reserve requirement (as defined in the Indenture) if any associated with the redemption of Previously Issued Bonds as a result of the prepayment or (b) the amount denied by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Previously Issued Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date but in no event shall such amount be less than zero No Reserve Fund Credit shall be granted if the amount then on deposit in the reserve fund for the Previously Issued Bonds is below 100% of the reserve requirement (as defined in the Indenture) 14 If any capitalized interest for the Previously Issued Bonds will not have been expended as of the date immediately following the first interest and/or principal payment following the current Fiscal Year a capitalized interest credit shall be calculated by multiplying the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the expected balance in the capitalized interest fund or account under the Indenture after such first interest and/or principal payment (the Capitalized Interest Credit ) 15 The Special Tax for Facilities prepayment is equal to the sum of the amounts computed pursuant to paragraphs 4 5 7 11 and 12 less the amounts computed pursuant to paragraphs 13 and 14 (the Special Tax for Facilities Prepayment Amount ) From the Special Tax for Facilities Prepayment Amount the amounts computed pursuant to paragraphs 4 5 11 13 and 14 shall be deposited into the appropriate fund as established under the Indenture and be used to retire CFD No 2007 4 Bonds or make debt service payments The amount computed pursuant to paragraph 7 shall be deposited into the Improvement Fund The amount computed pursuant to paragraph 12 shall be retained by CFD No 2007 4 The Special Tax for Facilities Prepayment Amount maybe insufficient to redeem a full $5 000 increment of CFD No 2007 4 Bonds In such cases the increment above $5 000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of CFD No 2007 4 Bonds or to make debt service payments As a result of the payment of the current Fiscal Year s Special Tax for Facilities levy as determmed under paragraph 9 (above) the CFD Administrator shall remove the current Fiscal Year s Special Tax for Facilities levy for such Assessor s Parcel from the County tax rolls City of Lake Elsinore August 15 2007 Community Facilities District No 2007 4 (Makenna Court) Page 13 Agenda Item No 5 Page C� of rolls With respect to any Assessor s Parcel that is prepaid the Council shall cause a suitable notice to be recorded in compliance with the Act to indicate the prepayment of the Special Tax for Facilities and the release of the Special Tax for Facilities lien on such Assessor s Parcel and the obligation of such Assessor s Parcel to pay the Special Tax for Facilities shall cease Notwithstanding the foregoing no Special Tax for Facilities prepayment shall be allowed unless at the time of such proposed prepayment the amount of Maximum Special Tax for Facilities that may be levied on Taxable Property within CFD No 2007 4 (after excluding 5 3 Acres of Property Owner Association Property and Public Property as set forth in Section E) both prior to and after the proposed prepayment is at least equal to the sum of (i) the Administrative Expenses as defined in Section A above and (u) 1 10 times maximum annual debt service in each remaining Fiscal Year on the Outstanding Bonds 2 Prepayment in Part The Special Tax for Facilities on an Assessor s Parcel of Developed Property or an Assessor s Parcel of Undeveloped Property for which a building permit has been issued may be partially prepaid The amount of the prepayment shall be calculated as in Section G 1 except that a partial prepayment shall be calculated according to the following formula PP= [(PE— A)xF] +A These terms have the following meaning PP = the partial prepayment PE= the Special Tax for Facilities Prepayment Amount calculated according to Section G 1 F = the percentage expressed as a decimal by which the owner of the Assessor s Parcel is partially prepaying the Special Tax for Facilities A = the Administrative Fees and Expenses calculated according to Section G 1 The owner of any Assessors Parcel who desires such prepayment shall notify the CFD Administrator of such owner s intent to partially prepay the Special Tax for Facilities and the percentage by which the Special Tax for Facilities shall be prepaid The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Special Tax for Facilities for an Assessor s Parcel within 30 days of the request and may charge a reasonable fee for providing this service With respect to any Assessors Parcel that is partially prepaid the Council shall (i) distribute the funds remitted to it according to Section G 1 and (u) indicate in the records of CFD No 2007 4 that there has been a partial prepayment ofthe Special Tax for Facilities and that a portion of the Special Tax for Facilities with respect to such Assessor s Parcel equal to the outstanding percentage (1 00 F) of the remaining Maximum Special Tax for Facilities shall continue to be levied on such Assessor s Parcel pursuant to Section D above City of Lake Elsinore August 15 2007 Community Facilities District No 2007 4 (Makenna Court) Page 14 Agenda Item No Page -- of -f4 H TERM OF SPECIAL TAX FOR FACILITIES The Special Tax for Facilities shall be levied for a period not to exceed forty years commencing with Fiscal Year 2007 2008 provided however that the Special Tax for Facilities will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (1) that all required interest and principal payments on the CFD No 2007 4 Bonds have been paid (u) all Authorized Facilities have been constructed and/or acquired and all reimbursements to the developer for the construction and/or acquisition of such facilities have been paid as permitted by law and (in) all other obligations of CFD No 2007 4 have been satisfied I SPECIAL TAX FOR SERVICES The following additional definitions apply to this Section I "Developed Multifamily Unit" means a residential dwelling unit within a building mwhich each of the individual dwelling units has or shall have at least one common wall with another dwelling unit and a building permit has been issued by the City for such dwelling umt on or prior to May 1 preceding the Fiscal Year in which the Special Tax for Services is being levied Developed Non Residential Property means all Assessor s Parcels for which a building permit was issued by the City for any type of non residential use excluding property owned by local state or federal government on or prior to May 1 preceding the Fiscal Year in which the Special Tax is being levied "Developed Single Family Unit" means a residential dwelling unit other than a Developed Multifamily Unit on an Assessor s Parcel for which a building permit has been issued by the City on or prior to May 1 preceding the Fiscal Year in which the Special Tax for Services is being levied "Maximum Special Tax for Services" means the maximum Special Tax for Services that can be levied by CFD No 2007 4 in any Fiscal Year on any Assessor s Parcel "Operating Fund" means a fund that shall be maintained for CFD No 2007 4 for anyFiscal Year to pay for the actual costs of maintenance related to the Service Area and the applicable Administrative Expenses "Operating Fund Balance" means the amount of funds in the Operating Fund at the end of the preceding Fiscal Year "Service Area" means parks open space and storm drains City of Lake Elsinore August 15 2007 Community Facilities District No 2007 4 (Makenna Court) Page 15 Agenda Item No Page 52,4 of "Special Tax for Services" means any of the special taxes authorized to be levied within CFD No 2007 4 pursuant to the Act to fund the Special Tax Requirement for Services "Special Tax Requirement for Services" means the amount determined in any Fiscal Year for CFD No 2007 4 equal to (i) the budgeted costs directly related to the Service Area including maintenance repair and replacement of certain components of the Service Area which have been accepted and maintained or are reasonably expected to be accepted and maintained during the current Fiscal Year (u) pay a proportionate share of Administrative Expenses and (iii) anticipated Special Tax for Services delinquencies based on the delinquency rate for the Special Tax for Services levy in CFD No 2007 4 for the previous Fiscal Year less (iv) the Operating Fund Balance as determined by the CFD Administrator Rate and Method of Apportionment of the Special Tax for Services Commencing with Fiscal Year 2007 2008 and for each subsequent Fiscal Year the Council shall levy the Special Tax for Services on (1) all Assessor s Parcels containing a Developed Single Family Unit or Developed Multifamily Unit and (n) all Assessor s Parcels of Non Residential Property up to the applicable Maximum Special Tax for Services to fund the Special Tax Requirement for Services The Maximum Special Tax for Services for Fiscal Year 2007 2008 shall be $25178 per Developed Single Family Unit $125 89 per Developed Multifamily Unit and $567 02 per Acre for each Assessor s Parcel of Developed Non Residential Property On each July 1 commencing July 1 2008 the Maximum Special Tax for Services shall be increased by two percent (2 00 %) of the amount in effect in the prior Fiscal Year Duration of the Special Tax for Services The Special Tax for Services shall be levied in perpetuity to fund the Special Tax Requirement for Services unless no longer required as determined at the sole discretion of the Council Collection of the Special Tax for Services The Special Tax for Services shall be collected in the same manner and at the same time as ordinary ad valorem property taxes provided however that CFD No 2007 4 may collect the Special Tax for Services at a different time or in a different manner if necessary to meet its funding requirements APPEALS AND INTERPRETATIONS Any landowner or resident who feels that the amount of the Special Tax levied on their Assessor s Parcel is in error may submit a written appeal to CFD No 2007 4 The CFD City of Lake Elstnore August 15 2007 Community Facilities District No 2007 4 (Makenna Court) Page 16 Agenda Item No Page -�� of Administrator shall review the appeal and if the CFD Administrator concurs the amount of the Special Tax levied shall be appropriately modified The Council may interpret this Rate and Method of Apportionment for purposes of clarifying any ambiguity and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals Any decision of the Council shall be final and binding as to all persons K ICLIENTS21CLCMtkenna CounIRMAIMakenna Court CFD RMA D aft 3 doc Revised 8117107 City of Lake Elsinore August 15 2007 Community Facilities District No 2007 4 (Makenna Court) Page 17 Agenda Item No J �[ Page � of -?/ EXHIBIT A CERTIFICATE TO AMEND SPECIAL TAX FOR FACILITIES Agenda Item No ,/ Page -5c) of 3 CITY OF LAKE ELSINORE AND CFD No 2007 4 CERTIFICATE 1 Pursuant to Section C of the Rate and Method of Apportionment the City of Lake Elsinore ( City ) and Community Facilities District No 2007 4 of the City of Lake Elsinore ( CFD No 2007 4 ) hereby agree to a reduction in the Assigned Special Tax for Facilities for Developed Property and the Backup Special Tax for Facilities attributable to a Final Subdivision within CFD No 2007 4 The information in Table 1 relating to the Assigned Special Tax for Facilities for Developed Property within CFD No 2007 4 shall be modified as follows Land Use " Class Description i Residential Floor Area Assigned Special Tax for Facilities 1 Single Family Property More than 2 700 sq ft $ per um 2 Single Family Property 2 450 — 2 700 sq ft $ per uni 3 Single Family Property 2 200 — 2 449 sq ft $ per uni 4 Single Family Property 1950 — 2 199 sq It $ per um 5 Single Family Property 1 700 —1 949 sq ft $ per will 6 Single Family Property Less than 1 700 sq ft $ per uni 7 Apartment Property NA $ per Acre 8 Non Residential Property NA $ per Acr (b) The Backup Special Tax for Facilities attributable to a Final Subdivision within CFD No 2007 4 as stated in Section C 1 (c) shall be reduced from $13 395 per Acre to $ per Acre 2 The Special Tax for Facilities may only be modified prior to the first issuance of CFD No 2007 4 Bonds 3 Upon execution of the Certificate by the City and CFD No 2007 4 the City shall cause an amended notice of Special Tax lien for CFD No 2007 4 to be recorded reflecting the modifications set forth herein By execution hereof the undersigned acknowledges on behalf of the City and CFD No 2007 4 receipt of this Certificate and modification of the Rate and Method of Apportionment as set forth in this Certificate CITY OF LAKE ELSINORE a CFD Administrator Date COMMUNITY FACILITIES DISTRICT NO 2007 4 OF THE CITY OF LAKE ELSINORE Date Agenda Item No Page 31 of RESOLUTION NO 2007 - L7 RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, TO INCUR BONDED INDEBTEDNESS IN THE AMOUNT NOT TO EXCEED $4,0009000 WITHIN THE PROPOSED CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO 2007 -40 (MAKENNA COURT) WHEREAS, the City Council (the Council ) of the City of Lake Elsinore (the City ) has heretofore adopted Resolution No 2007 (the Resolution of Intention ), stating the Council's intention to form City of Lake Elsinore Community Facilities District No 2007 4 (Makenna Court) (the CFD ), pursuant to the Mello Roos Community Facilities Act of 1982 as amended, (the `Act ) to finance the purchase, construction, expansion or rehabilitation of certain real and other tangible property with an estimated useful life of five years or longer, including public infrastructure facilities and other governmental facilities, which are necessary to meet increased demands placed upon the City as a result of development or rehabilitation occurring within the proposed CFD (the Facilities'), and WHEREAS, in order to finance the Facilities it is necessary to incur bonded indebtedness in the amounts not to exceed $4,000,000 the repayment of which is to be secured by special taxes levied in accordance with Section 53340 et seq of the Act on all property within the CFD, other than those properties exempted from taxation as provided in the respective rate and method of apportionment attached as Exhibit A to the Resolution of Intention NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS SECTION 1 The above recitals are true and correct SECTION 2 It is necessary to incur bonded indebtedness within the proposed CFD in the amount not to exceed $4 000,000 to finance the costs of the Facilities SECTION 3 The indebtedness will be incurred for the purpose of financing the costs of designing, constructing and acquiring the Facilities, the Agenda Item No ff Page 3,z of- -� CITY COUNCIL RESOLUTION NO 2007 - PAGE 2 OF 3 acquisition of necessary equipment and property therefor and fulfilling contractual commitments and carrying out the powers and purposes of the CFD including, but not limited to, the financing of the costs associated with the issuance of the bonds and all other costs necessary to finance the Facilities which are permtted to be financed pursuant to the Act SECTION 4 It is the intent of the Council to authorize the sale of bonds in one or more series in the maximum aggregate principal amount not to exceed $4,000,000 at a maximum interest rate not in excess of 12 percent per annum or such rate not in excess of the maximum rate permitted by law at the time the bonds are issued The term of the bonds shall be determined pursuant to a resolution of the Council authorizing the issuance of the bonds but such term shall in no event exceed 40 years or such longer term as is then permitted by law SECTION 5 A public hearing (the Hearing ) on the proposed debt issue shall be held October 9, 2007 at 7 00 p m or as soon thereafter as practicable, at the Lake Elsinore Cultural Center located at 183 North Main Street Lake Elsinore, California 92530 SECTION 6 At the Hearing at the time and place set forth above any interested persons, including all persons owning land within the proposed CFD may appear and be heard at the Hearing SECTION 7 The proposition to incur bonded indebtedness in the maximum aggregate principal amount not to exceed $4,000 000 shall be submitted to the qualified electors of the CFD A special community facilities district election shall be conducted on October 9, 2007 The special election shall be conducted by hand delivered or mailed ballot election The ballots shall be returned to the office of the election officer no later than 11 00 o clock p in on October 9, 2007 SECTION 8 The Interim City Clerk is hereby directed to publish a copy of this resolution, which shall serve as notice ( Notice ) of the Hearing and the special bond election, pursuant to Section 6061 of the Government Code in a newspaper of general circulation in the proposed CFD SECTION 9 The Interim City Clerk may send a copy of the Notice of the Hearing by first class mail, postage prepaid, to each registered voter and to each landowner within the proposed CFD as shown on the last equalized assessment roll Agenda Item No _ C Page 33 of CITY COUNCIL RESOLUTION NO 2007-. PAGE 3 OF 3 SECTION 10 This Resolution shall take effect from and after the date of its passage and adoption PASSED, APPROVED AND ADOPTED this 28th day of August, 2007 AYES COUNCILMEMBERS NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS ATTEST Michelle Soto, Interim City Clerk City of Lake Elsinore APPROVED AS TO FORM Barbara Zeid Leibold City Attorney City of Lake Elsinore Robert E Magee, Mayor City of Lake Elsinore Agenda Item No 7_ Page � of CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT A BRADY, CITY MANAGER DATE AUGUST 28, 2007 SUBJECT APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HARRIS & ASSOCIATES FOR ASSESSMENT ENGINEERING AND SPECIAL TAX CONSULTING SERVICES BACKGROUND The assessment engineering and special tax consulting services have been performed by Hams & Associates since 1998 They have assisted the City with the formation of all but 4 of the City's Community Facilities Districts and have provided annual administration services on all of the City's districts Services include, but are not limited to • annual update of district data based on development, land use changes, and building permit activity • coordination of, and submittal to the County, assessment and taxes for placement on the property tax bill for collection • delinquency monitoring and reminder letters for delinquent payments • assistance during foreclosure process • disseminate information related to property owner inquiries • preparation of payoff quotes • preparation of draft City Council agenda reports and draft resolutions • development review for conditions of approval relating to the services CFDs and LLMD No 1 • preparation of Engineer's Reports • preparation of Community Facilities District Reports • preparation of Annual Special Tax Levy Reports • attendance at City Council meetings and workshops • attendance at City staff meetings as needed AGENDA ITEM N0.� PAGE / OF ! 1 REPORT TO CITY COUNCIL AUGUST 289 2007 PAGE 2 • coordinate requests for new districts with developers City staff, Bond Counsel and Financial Advisor DISCUSSION Hams & Associates has provided outstanding assessment engineering and special tax consulting services since the City retained them in 1998 Since that time, Hams project manager Dennis Anderson, has been involved with every existing and new district, and remains a source of invaluable information for City staff Through this contract, Mr Anderson s staff has become an extension of the Department of Administrative Services With the increase in the number of CFDs and the creation of the LLMD No 1, the services required have changed Based on these changes, City staff has negotiated the scope of work and fee with Hams & Associates, which has resulted in a reduction in the total FY 2008 09 administration fees of 10% (FY 2007 08 fees $207 000 FY 2008 09 fees $186,265) The new fee structure recognizes the build -out of some of the pre 2000 districts, such as CFD No 98 1 and CFD 95 1 These districts will see a reduction in the annual administration fee, as much as 33% Due to the long duration of these districts, staff is recommending a 3 -year term with two (2) optional 1 -year extensions, for a maximum term of 5 years FISCAL IMPACT Annual administrative expenses for the CFDs and LLMDs are funded through the annual levy on the property tax bills Formation and annexation services are paid for by the developer Acquisition audit services are paid from the bond proceeds for each CFD Foreclosure services are paid for by the property owner through the foreclosure action Agenda Item No Page �_ of REPORT TO CITY COUNCIL AUGUST 28, 2007 PAGE 3 RECOMMENDATION The following is recommended to the City Council Approve the Professional Services Agreement with Hams & Associates and authorize the Mayor to execute the Agreement in such final form as approved by the City Attorney PREPARED BY MATT N PRESSEY DIRECTOR OF ADMINISTRATIVE SERVICES APPROVED FOR � AGENDA BY �'r-.'I 'S Agenda Item No Q— Page � of-31 AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services (the Agreement ) is made and entered into as of the _ day of 2007 by and between the City of Lake Elsinore a municipal corporation ( City) and Hams & Associates a California corporation ( Consultant ) RECITALS A Consultant is specially trained experienced and competent to perform the special services which will be required by this Agreement B Consultant possesses the skill experience ability background certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein C City desires to retain Consultant to render professional consulting services and related work as set forth in this Agreement AGREEMENT 1 Scone of Services Consultant shall perform the services described on Exhibit A which is attached hereto and incorporated herein by reference Consultant shall provide said services at the time place and in the manner specified in Exhibit A subject to the direction of the City through its staff that it may provide from time to time 2 Time of Performance The services of Consultant are to commence upon execution of this Agreement and shall continue for a period of three (3) years with two (2) optional one (1) year extensions 3 Compensation Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Exhibit B which is attached hereto and incorporated herein by reference In no event shall Consultant s annual compensation exceed $450 000 without additional authorization from the City Payment by City under this Agreement shall not be deemed a waiver of defects even if such defects were known to the City at the time of payment 4 Method of Payment Consultant shall submit monthly billings to City describing the work performed during the preceding month Consultant s bills shall include a brief description of the services performed the date the services were performed the number of hours spent and by whom and a description of any reimbursable expenditures City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff 5 Extra Work At any time during the term of this Agreement City may request that Consultant perform Extra Work As used herein Extra Work means any work which is determined by City to be necessary for the proper completion of the Project but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement Consultant shall not perform nor be compensated for Extra Work without written authorization from City Extra work will be invoiced separately from services performed in accordance with the Scope of Services 1 AGENDA ITEM NO � PAG �OF 6 Termination This Agreement may be terminated by the City immediately for cause or by either party without cause upon thirty (30) days written notice of termination Upon termination Consultant shall be entitled to compensation for services performed up to the effective date of termination 7 Ownership of Documents All plans studies documents and other writings prepared by and for Consultant its officers employees and agents and subcontractors in the course of implementing this Agreement except working notepad internal documents shall become the property of the City upon payment to Consultant for such work and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party Consultant shall at Consultant s expense provide such reports plans studies documents and other writings to City upon written request City acknowledges that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City City further agrees to defend indemnify and hold harmless Consultant its officers officials agents employees and volunteers from any claims demands actions losses damages injuries and liability direct or indirect (including any and all costs and expenses in connection therein) ansmg out of the City =s use of such materials in a manner beyond the intended purpose as set forth herein a Licensing of Intellectual Property This Agreement creates a nonexclusive and perpetual license for City to copy use modify reuse or sublicense any and all copyrights designs and other intellectual property embodied in plans specifications studies drawings estimates and other documents or works of authorship fixed in any tangible medium of expression including but not limited to physical drawings or data magnetically or otherwise recorded on computer diskettes which are prepared or caused to be prepared by Consultant under this Agreement ( Documents & Data ) Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under tlus Agreement Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City City shall not be limited in any way in its use of the Documents & Data at any time provided that any such use not within the purposes intended by this Agreement shall be at City s sole risk b Confidentiality All ideas memoranda specifications plans procedures drawings descriptions computer program data input record data written information and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant Such materials shall not without the prior written consent of City be used by Consultant for any purposes other than the performance of the services under this Agreement Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement Nothing furnished to Consultant which is otherwise known to Consultant or is generally known or has become known to the related industry shall be deemed confidential Consultant shall not use City s name or insignia photographs relating to project for which Consultants services are rendered or any publicity pertaining to the Consultants services under this Agreement in any magazine trade paper newspaper television or radio production or other similar medium without the prior written consent of City Z AGENDA ITEM NO 5__.�-�- % PAGE— �— 8 Consultant s Books and Records a Consultant shall maintain any and all ledgers books of account invoices vouchers canceled checks and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City for a minimum period of three (3) years or for any longer period required by law from the date of final payment to Consultant to this Agreement b Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years or for any longer period required by law from the date of termination or completion of this Agreement c Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit at any time during regular business hours upon written request by the City Manager City Attorney City Auditor or a designated representative of these officers Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so Otherwise unless an alternative is mutually agreed upon the records shall be available at Consultant s address indicated for receipt of notices in this Agreement d Where City has reason to believe that such records or documents may be lost or discarded due to dissolution disbandment or termination of Consultant s business City may by written request by any of the above named officers require that custody of the records be given to the City and that the records and documents be maintained in City Hall Access to such records and documents shall be granted to any party authorized by Consultant Consultant s representatives or Consultant s successor in interest 9 Independent Contractor It is understood that Consultant in the performance of the work and services agreed to be performed shall act as and be an independent contractor and shall not act as an agent or employee of the City Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City s employees and Consultant hereby expressly waives any claim it may have to any such rights 10 Interests of Consultant Consultant (including principals associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest direct or indirect in the area covered by this Agreement or any other source of income interest in real property or investment which would be affected in any manner or degree by the performance of Consultants services hereunder Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant a will conduct research and arrive at conclusions with respect to his/her rendition of information advice recommendation or counsel independent of the control and direction of the City or of any City official other than normal agreement monitoring and AGENDA ITEM NO PAGE .& _OF 3 b possesses no authority with respect to any City decision beyond rendition of information advice recommendation or counsel (FPPC Reg 18700(a)(2) ) 11 Professional Ability of Consultant City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant s field of expertise 12 Compliance with Laws Consultant shall use the standard of care in its profession to comply with all applicable federal state and local laws codes ordinances and regulations 13 Licenses Consultant represents and warrants to City that it has the licenses permits qualifications insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession Consultant represents and warrants to City that Consultant shall at its sole cost and expense keep in effect or obtain at all times during the term of this Agreement any licenses permits insurance and approvals which are legally required of Consultant to practice its profession 14 Indemnity Consultant agrees to indemnify and hold harmless the City its officers officials agents employees and volunteers from and against any and all claims demands actions losses damages injuries and liability direct or indirect (including costs and expenses in connection therein) to the extent ansmg out of the negligent performance of services under this Agreement except for any such claim an sing out of the negligence or willful misconduct of the City its officers agents employees or volunteers 15 Insurance Requirements a Insurance Consultant at Consultant s own cost and expense shall procure and maintain for the duration of the contract the following insurance policies 1 Workers Compensation Coverage Consultant shall maintain Workers Compensation Insurance and Employer s Liability Insurance for lus/her employees in accordance with the laws of the State of California In addition Consultant shall require each subcontractor to similarly maintain Workers Compensation Insurance and Employers Liability Insurance in accordance with the laws of the State of California for all of the subcontractor s employees Any notice of cancellation or non renewal of all Workers Compensation policies must be received by the City at least thirty (30) days prior to such change The Insurer shall agree to waive all rights of subrogation against City its officers agents employees and volunteers for losses ansmg from work performed by Consultant for City u General Liability Coverage Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1000 000) per occurrence for bodily injury personal injury and property damage If a commercial general liability insurance form or other form with a general aggregate limit is used 4 AGENDA ITEM NO either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit ni Automobile Liability Coverage Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant ansmg out of or in connection with the work to be performed under this Agreement including coverage for owned hired and non owned vehicles in an amount of not less than one million dollars ($1000 000) combined single limit for each occurrence IV Professional Liability Coverage Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts errors or omissions which may anse from Consultant s operations under this Agreement whether such operations by the Consultant or by its employees subcontractors or subconsultants The amount of tlus insurance shall not be less than one million dollars ($1000 000) on a claims made annual aggregate basis or a combined single limit per occurrence basis b Endorsements Each general liability and automobile liability insurance policy shall be with insurers possessing a Best =s rating of no less than A VII and shall be endorsed with the following specific language i The City its elected or appointed officers officials employees agents and volunteers are to be covered as additional insureds with respect to liability ansmg out of work performed by or on behalf of the Consultant including materials parts or equipment famished in connection with such work or operations u This policy shall be considered primary insurance as respects the City its elected or appointed officers officials employees agents and volunteers Any insurance maintained by the City including any self insured retention the City may have shall be considered excess insurance only and shall not contribute with it ill This insurance shall act for each insured and additional insured as though a separate policy had been written for each except with respect to the limits of liability of the insuring company ro The insurer waives all rights of subrogation against the City its elected or appointed officers officials employees or agents VI The insurance provided by this Policy canceled except after thirty (30) days written notice has been received by the City and 10 day notice for nonpayment of the premium 5 AGENDA CfEM NO —w —3- 1 PAGE,- OF-=-" c Deductibles and Self Insured Retentions Any deductibles or self insured retentions must be declared to and approved by the City At the City s option Consultant shall demonstrate financial capability for payment of such deductibles or self insured retentions d Certificates of Insurance Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement 16 Notices Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid first class mail Any such notice shall be addressed to the other party at the address set forth below Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section If to City City of Lake Elsinore Attn City Manager 130 South Main Street Lake Elsinore CA 92530 If to Consultant Hams & Associates Attn Jeffrey M Cooper 34 Executive Park Suite 150 Irvine CA 92614 17 Entire Agreement This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant All prior written and oral communications including correspondence drafts memoranda and representations are superseded in total by this Agreement 18 Amendments This Agreement maybe modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney 19 Assignment and Subcontracting The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation experience and competence of Consultant and the subcontractors listed in Exlubit D Consultant shall be fully responsible to City for all acts or omissions of any subcontractors Assignments of any or all rights duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit D without the written authorization of the City If City consents to such subcontract Consultant shall be fully responsible to City for all acts or omissions of those subcontractors Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law 20 Waiver Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement 6 AGENDA ITEM NO _(_ PnE-1—OF,24 21 Severability If any term or portion of this Agreement is held to be invalid illegal or otherwise unenforceable by a court of competent jurisdiction the remaining provisions of dus Agreement shall continue in full force and effect 22 Controlling Law Venue This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside 23 Litigation Expenses and Attorneys Fees If either party to this Agreement commences any legal action against the other party ansmg out of this Agreement the prevailing party shall be entitled to recover its reasonable litigation expenses including court costs expert witness fees discovery expenses and attorneys fees 24 Mediation The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation The parties shall mutually agree upon the mediator and share the costs of mediation equally If the parties are unable to agree upon a mediator the dispute shall be submitted to JAMS/ENDISPUTE ( JAMS ) or its successor m interest JAMS shall provide the parties with the names of five qualified mediators Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute If the dispute remains unresolved after mediation either party may commence litigation 25 Execution This Agreement may be executed in several counterparts each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto In approving this Agreement it shall not be necessary to produce or account for more than one such counterpart 26 Authority to Enter Agreement Consultant has all requisite power and authority to conduct its business and to execute deliver and perform the Agreement Each party warrants that the individuals who have signed this Agreement have the legal power right and authority to make this Agreement and to bind each respective party 27 Prohibited Interests Consultant maintains and warrants that it has not employed nor retained any company or person other than a bona fide employee working solely for Consultant to solicit or secure this Agreement Further Consultant warrants that it has not paid nor has it agreed to pay any company or person other than a bona fide employee working solely for Consultant any fee commission percentage brokerage fee gift or other consideration contingent upon or resulting from the award or making of this Agreement For breach or violation of this warranty City shall have the right to rescind this Agreement without liability For the term of this Agreement no member officer or employee of City during the term of Ins or her service with City shall have any direct interest in this Agreement or obtain any present or anticipated material benefit ansmg therefrom 28 Equal Opportunity Employment Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor employee or applicant for employment because of race religion color national origin handicap ancestry sex or age Such non discrimination shall include but not be limited to all activities related to initial employment upgrading demotion transfer recruitment or recruitment advertising layoff or termination 7 AGENDA ITEM NO--- //� PAGE...1 n Consultant shall also comply with all relevant provisions of City s Minority Business Enterprise program Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the date first written above CITY OF LAKE ELSINORE ATTEST City Clerk APPROVED AS TO FORM City Attorney CONSULTANT AGENDA ITEM NO PAGE,JL1OF.:L- Attachments Exhibit A Scope of Services Exhibit B Fee Schedule Exhibit C Certificate of Exemption from Workers= Compensation Insurance Exhibit D List of Subcontractors AGENDA ITEM NO La—OF-2-1- O � PAGE EXHIBIT A SCOPE OF SERVICES AGENDA ITEM NO PAGE_L 3 OF L/ SCHEDULE OF CHARGES AGENDA ITEM NO._ (a _ PAGE .15' OF,2L' EXHIBIT C CERTIFICATE OF EXEMPTION FROM WORKERS COMPENSATION INSURANCE I hereby certify that in the performance of the work for which this Agreement is entered into I shall not employ any person in any manner so as to become subject to the Workers Compensation Laws of the State of California Executed on this day of 20_ at California Consultant AGENDA ITEM NO PAGE /S DF� EXHIBIT D LIST OF SUBCONTRACTORS [INSERT] AGENDA ITEM NO U PAGE /6 OF3/ EXHIBIT A SCOPE OF SERVICES I ANNUAL ADMINISTRATION COMMUNITY FACILITIES DISTRICTS CFD ANNUAL SPECIAL TAX ROLL UPDATE Research and Data Gathering Task 1 Update all Assessor Parcel listings to reflect the County Assessor s Roll as defined by the Rate and Method of Apportionment Task 2 Identify and secure from the County Developers and Builders the data required to develop and update working files for the current year This includes a Identify and secure copies of all Final Tract maps for residential development within CFD b Identify and secure copies of all building permits for residential and non residential development within the CFD Task 3 Update the CFD database with data procured in Task 2 Task 4 Determine the amount of funds required current fund balances allocation for delinquencies and administrative charges required for special tax computations Task 5 Apportion special taxes as defined by the Rate and Method of Apportionment Task 6 Prepare draft agenda report and resolutions for the City Council meeting to approve the Annual Special Tax levy for review by City staff Task 7 Support City staff during council meeting for approval and setting of the Annual Special Tax Prepare and Submit CD Task 8 Compile and transmit a complete list of the identified special tax levies for each assessor parcel within the CFD to the County Auditor Controller via compact disc or other County approved media prior to County deadline Task 9 Following acceptance of the data and confirmation of parcels by County prepare and submit any parcel corrections computation for special tax or updates of the Annual Special Tax Roll requested by the County p1GtENDA ITEM NO — ./1_ -- C \Documents and Settings\mpaltza \Local Settings \Temporary Internet F les\OLK61 \03 Tax and Assessment Consul an scope of services 2007 dos PAGE__1_Z_0F 3 GENERAL YEAR ROUND ADMINISTRATION Property Owner Inquiries Task 10 Assist in responding to inquiries from property owners regarding special tax levies and other CFD matters on an ongoing basis during the year as required Report periodically to the City about the source frequency and nature of inquiries received Delinquency Report Task 11 In coordination with the Auditor Controller check for and prepare a report of delinquencies in payment of special taxes for each CFD Identify and prepare delinquency report upon receipt of Paid/Unpaid Reports from the County and/or City typically in February and May of each year CFD Year End Reports Task 12 After completion and acceptance of Annual Special Tax Roll prepare a year end report consisting of data drawn from areas defined in the Rate and Method of Apportionment Standard areas covered are presented below Development Status Number of residential properties and square footage of commercial and industrial properties developed current assessed valuation of developed and undeveloped properties and number of sales and prices of properties sold in the prior year b Capital Projects Status A progress report on construction activity (status of individual projects included in the Notice of Special Tax) and Fund balances on CFD construction accounts c CFD Financial Status Reserve Fund balance Capitalized Interest Fund balance tax delinquency rates foreclosure actions initiated by the CFD to remedy special tax delinquencies number of actions and dollar amount of delinquencies outstanding principal and interest amounts and debt authorization levels Task 13 Prepare draft agenda report for the City Council meeting to receive and file the CFD Year End Reports for review by City staff Task 14 Support City staff during council meeting ADDITIONAL SERVICES Services additional to those described in this Scope of Services will be provided upon written authorization on a time and materials basis in accordance with the Schedule of Hourly Rates current at the time of providing the services or on a lump sum fee basis as negotiated Additional Services may include any other services desired and authorized by the City including additional formations and/or administration of new CFDs RESPONSIBILITIES OF THE CITY • Provide necessary maps documents and fund amounts required to establish special ttaxy �p� ��/� // C \Docume is a d Sett gs\mpaltza\Local Sett ngs \Temporary Internet F les \OLK61\03 Tax and Assessment ConsultaRA�eepFYQ64�k6A4bK cam. D PAGE—L9_OP-.'J—.'J • Set and schedule meetings transmit data and review documents in a timely manner to facilitate progress • Provide envelopes and postage to mail delinquency notices AGENDA ITEM NO.. ( 0_ C \Docume t and Sett gs \mpaltza\LOcal SetLngs \Tempo ary Internet F les \OLK61 \03 Tax and Assessme t Consults t scope of shy 07 OFzL EXHIBIT A (continued) SCOPE OF SERVICES II ANNUAL ADMINISTRATION LANDSCAPE AND STREET LIGHTING DISTRICTS PREPARE DISTRICT ENGINEER'S REPORTS The services for this phase include the tasks required for preparing the Engineer s Report for the district pursuant to the Landscaping and Lighting Act of 1972 All tasks will be performed annually for each year covered by this Agreement Task 1 Meet with City staff to discuss methods to be used to update assessment rolls exchange pertinent information review methodology for determining benefit zone assessments and finalize protect scheduling Task 2 Prepare a Preliminary Engineer s Report in which annual assessment rates for each special benefit zone will be established The assessment rates will be based on projected landscape maintenance and street lighting costs to be provided by the City Task 3 Update assessment district diagrams and exhibits to reflect minor changes to benefit zone boundaries due to land development activity Preliminary revision of the database and related computer work will be completed at this time Task 4 Submit the Preliminary Engineer s Report with updated diagrams along with the preliminary assessment rolls to the City for review and comment Revisions will be made and the report finalized for approval by the City Council Task S Prepare draft agenda report and resolutions for the City Council meeting to approve the Annual Assessment levy for review by City staff Task 6 Attend City Council meeting involving approval of the Engineer s Report and the adoption of a resolution of intention to levy and collect assessments PREPARE ANNUAL ASSESSMENT ROLL Following adoption by the City Council of the assessment rate per benefit unit to be levied upon parcels within each special benefit zone in the Landscape and Street Lighting Districts Hams & Associates will prepare the annual assessment roll for submission to the County Auditor Controller Task 7 Prepare an Assessment Roll in CD form as required by the County Auditor Controller Task 8 Submit the roll to the responsible officials for inclusion in the ensuing year s tax roll and make such adjustments and corrections as required by the Auditor Controller Task 9 After acceptance of the Assessment Roll for inclusion on the ensuing year s tax roll provide the City with a copy of the final Engineer s Report with updated assessment diagrams and final assessment rolls AGENDA ITEM NO La C \Documents and Settmgsknpaltza \Local Settings \Temporary Internet F1les \0LK67 \03 Tax a d Assessme t Consultant scope of services 2007 d PAGE s OF-�3/ DISTRICT ADMINISTRATION SERVICES Hams & Associates will assist the City of Lake Elsinore in the administration of the Landscape and Street Lighting Districts throughout the course of the year Task 10 Assist the City in answering inquiries from property owners and preparing reports regarding their assessments ADDITIONAL SERVICES Hams & Associates will provide Additional Services upon written authorization on a time and materials basis in accordance with the rate schedule current at the time of providing services or on a lump sum fee basis as negotiated Additional Services may include • Financial studies • Formation of and administration of new assessment districts or related districts • Attend additional meetings other than those listed under the Scope of Services • Prepare mailed notices or ballots to property owners and • Any other services desired and authorized by the City of Lake Elsinore related to assessment or tax districts RESPONSIBILITIES OF THE CITY • Designate a responsible official to manage and coordinate the project • Make available records and documentation required in conjunction with the preparation of this report • Provide proposed budgets for landscaping and park maintenance costs and for street lighting by zone for each year • Provide all legal notices • Retain qualified legal counsel to provide legal advice during the district process • Schedule administer and accomplish the publishing of notices of the hearing in accordance with government code sections (i a newspapers posting etc ) • Schedule and agendize City Council Meetings and Hearings as required under the Act • Provide envelopes and postage for any and all mailings and • Respond to written communications in writing and review draft reports and submittals in a timely manner AGENDA ITEM NO ( ()_ C \Documents and Settmgs \mpaltza \Local Settings \Temporary Internet Files \OLK61 \03 Tax and Assessment Consultant scope of services 2007 0c, PAGE ai OF-;2Z EXHIBIT A (continued) SCOPE OF SERVICES III FORMATION OF A MELLO -ROOS COMMUNITY FACILITIES DISTRICT DISTRICT FORMATION Task 1 Gather support data cost estimates for entire project current appraisal report absorption schedule for building development based on building permit issuance and an annualized schedule for public works of construction Task 2 Coordinate with City staff bond counsel underwriter financial consultant property owner design engineer and appraisal engineer as needed for this project Task 3 Review construction estimates of direct and indirect costs Review the special tax allocation methodology and formulae to be applied Task 4 Review estimates of annual direct and indirect costs for the improvements to be operated and maintained Review the maximum annual cost for the improvements and the special tax allocation methodology and formulae to be applied Task 5 Prepare boundary map with proper certifications for a Community Facilities District and confirm delivery of specified quantities of mylars and bond copies of the boundary map Task 6 Prepare the boundary description for the District boundary and any improvement areas if necessary Task 7 Provide a description of improvements to be constructed through public financing under the proposed District and a description of improvements to be operated and maintained Task 8 Prepare draft agenda report for the City Council meeting for Resolution of Intention (ROI) to form a Community Facilities District for review by City staff Task 9 Attend City Council meeting for the ROI to form a Community Facilities District Task 10 Upon completion of City Clerk s signature on the boundary map transmit boundary map to the Riverside County Recorder for recordation Recordation will occur within 15 days after the adoption of the Resolution of Intention Task 11 Prepare CFD Report to reflect final public works of construction facilities their costs incidental expenses and projected financing costs as supplied by others and the facihhes to be operated and maintained their costs and administrative expenses Furnish specified quantities of the final CFD Report as ordered by the City In summary the report will include as requested by the Act • A Description of the District • A Description of Facilities • Cost Estimates • A list of Property Owners AGENDA ITEM NO.�_ C \Documents and Settmgs \mpaltza \Local Sett ngs \Temporary Intemet Files \OLK61 \03 Tax and Assessment Consultant scope of services 2007 doc PAGE as OF„21— Task 12 Prepare draft agenda report for the City Council meeting for the public hearing for City staff review Task 13 Attend public hearing for Resolution of Formation and election Task 14 Upon receipt of the Notice of Special Tax from the City s Bond Counsel coordinate getting the City Clerk s signature with notary and transmit Notice of Special Tax to the Riverside County Recorder s office for recordation BOND ISSUANCE Task 15 Prepare tables required by City and City s Financial Advisor for the preliminary official statement for the bonds Task 16 Review the preliminary official statement for consistency with the Rate and Method of Apportionment of Special Taxes and the CFD Report Task 17 Provide the required Certificate of the Special Tax Consultant ACQUISITION AUDIT The acquisition audit will be conducted in accordance with the provisions of the Acquisition Agreement between the City and the Developer Task 18 Collect copies of contracts agreements change orders invoices and canceled checks from developer bound per vendor Task 19 Review developer provided data for reimbursement eligibility and confirmed cost amounts Task 20 Submit a summary report identifying reimbursement eligibility and confirmed cost amounts to the City Task 21 Meet with the developer on a monthly basis to review construction progress and change orders RESPONSIBILITIES OF THE CITY • City to designate a responsible official to manage and coordinate the protect • City shall make available to Hams all available data information reports maps plans specifications cost estimates and other reasonable information for the proper performance for Hams services • City shall provide (by developer) cost estimates and electronic map files in AutoCAD format of the development plan and proposed improvements • City shall prepare (by bond counsel) all notices pertaining to the public hearings and post all notices pertaining to the public hearings • City shall cause to be published all notices of public hearings or other meetings (i a newspaper and posting) • City (by bond counsel) shall prepare all resolutions required by City Council C \Documents and Sett ngs\rnpaltza \Local Sett ngs \Temporary Internet Files \OLK61 \03 Tax and Assessment ConsuI%Ma• t* M J0 ftdoc J n NWGr7YA PAGg �3 OF!/-- • All environmental documentation will be provided by others • City shall retain a qualified real estate appraiser to provide appraised values of the property included in the formation and annexation process as required • City shall schedule and agendize City meetings and hearings as required under the Act C \Documents and Sett ngs\mpaltza \Local Settings \Temporary Internet RIes\OLK61W3 Tax and Assessment ConsAWMA eMs-26g7�CC� PAGE2-t�OF . - EXHIBIT A (continued) SCOPE OF SERVICES IV ANNEXATION OF TERRITORY INTO LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES CFD RATE AND METHOD OF TAXATION Task 1 Coordinate with Project Team (City staff special counsel and property owners) as needed for this project Task 2 Prepare boundary map with proper certifications for a Community Facilities District and confirm delivery of specified quantities of mylars and bluelmes of the boundary map to the County Recorder s Office for recordation after the Resolution of Intention Task 3 Review the legal description for the District boundary Task 4 Provide a description of improvements to be operated and maintained Task 5 Prepare all resolutions required by City Council Task 6 Prepare all staff reports required by City Council Task 7 Attend City Council meeting for Resolution of Intention (ROI) to form a Community Facilities District Task 8 Prepare CFD Report to reflect facilities to be operated and maintained their costs and administrative expenses Furnish specified quantities of the final CFD Report as ordered by the City In summary the report will include as requested by the Act • A Description of the District • A Description of Facilities • Cost Estimates • A list of Property Owners Task 9 Attend public hearing for Resolution of Formation and election Task 10 Assist with the preparation and recording of the Notice of Special Tax RESPONSIBILITIES OF THE CITY • City to designate a responsible official to manage and coordinate the project • City shall make available to Hams all available data information reports maps plans specifications cost estimates and other reasonable information for the proper performance for Hams services • City shall provide (by developer) cost estimates a legal description of the proposed boundary and electronic map files in AutoCAD format of the development plan and proposed improvements • City shall prepare and post all notices pertaining to the public hearings • City shall cause to be published all notices of public hearings or other meetings (1 a newspaper and posting) • All environmental documentation will be provided by others • City shall schedule and agendize City meetings and hearings as required under the Act C \Documents and Settmgs \mpaltza \Local Seth gs \Temporary Internet Files \OLK61 \03 Tax and Assessment ConsuAQp{ A IT44 PAGE;GF.2- EXHIBIT A (continued) SCOPE OF SERVICES V ANNEXATION OF TERRITORY INTO PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE CFD RATE AND METHOD OF TAXATION Task 1 Coordinate with Project Team (City staff special counsel and property owners) as needed for this project Task 2 Prepare boundary map with proper certifications for a Community Facilities District and confirm delivery of specified quantities of mylars and bluehnes of the boundary map to the County Recorder s Office for recordation after the Resolution of Intention Task 3 Review the legal description for the District boundary Task 4 Provide a description of improvements to be operated and maintained Task 5 Prepare all resolutions required by City Council Task 6 Prepare all staff reports required by City Council Task 7 Attend City Council meeting for Resolution of Intention (ROI) to form a Community Facilities District Task 8 Prepare CFD Report to reflect facilities to be operated and maintained their costs and administrative expenses Furnish specified quantities of the final CFD Report as ordered by the City In summary the report will include as requested by the Act • A Description of the District • A Description of Facilities • Cost Estimates • A list of Property Owners Task 9 Attend public hearing for Resolution of Formation and election Task 10 Assist with the preparation and recording of the Notice of Special Tax RESPONSIBILITIES OF THE CITY • City to designate a responsible official to manage and coordinate the project • City shall make available to Hams all available data information reports maps plans specifications cost estimates and other reasonable information for the proper performance for Hams services • City shall provide (by developer) cost estimates a legal description of the proposed boundary and electronic map files in AutoCAD format of the development plan and proposed improvements • City shall prepare and post all notices pertaining to the public hearings • City shall cause to be published all notices of public hearings or other meetings (i a newspaper and posting) • All environmental documentation will be provided by others • City shall schedule and agendize City meetings and hearings as required under the Act C \Documents and Sett ngs \mpaltz \Local Sett gs \Temporary Internet Files \01.01 \03 Tax and Assessment Con AGM* NEWWO7 doc PAGE a!o OFZ�- EXHIBIT A (continued) SCOPE OF SERVICES VI ANNEXATION OF TERRITORY INTO LANDSCAPE AND STREET LIGHTING DISTRICT NO ENGINEER S REPORT Task 1 Discuss with City staff the locations of improvements proposed to be maintained the different levels of maintenance if any strategies for approaching the benefit analysis and cost apportionment budget requirements for future maintenance time frames noticing and balloting issues and other considerations Task 2 Gather support data cost estimates for the operation maintenance and services to be included the proposed development plan including the number and type of residential properties and other pertinent information Task 3 Develop the property owner database from the current County Assessor s Roll Identify all public property and ascertain whether benefit from the improvements is received This includes City school County State and Federal properties and facilities as well as flood control and other special district properties Identify all parcels within the area of special benefit Task 4 Analyze the locations of the improvements proposed to be maintained to determine the specially benefiting parcels and the method of apportioning costs Task 5 Prepare a draft Engineer s Report based on the requirements of the Landscaping and Lighting Act of 1972 and Article XIIID of the California State Constitution (the Report will be prepared by a Registered Professional Engineer) Prepare an Assessment Diagram Submit up to five (5) copies of the draft Report Review with City staff and discuss comments Task 6 Finalize the Engineer s Report based on comments received from City staff and the property owner and submit up to twenty (20) copies for processing and filing DISTRICT FORMATION Task 7 Prepare all resolutions required by City Council Task 8 Prepare all staff reports required by City Council Task 9 Attend one (1) City Council meeting involving approval of the Engineer s Report and adoption of a Resolution of Intention to annex property into the District Task 10 Prepare the required Notice and Ballot for mailing to the property owner in the District based on the text provided by legal counsel The notice will be mailed in a City provided envelope A %ENDA ITEM NO -- C 1Documents and Sett rigs \mpaliza\LOCaI Settings \Temporary Internet F les \OLK81 \03 Tax and Assessment Consu nt scope of sery ces 2007 da PAGE--Q2 OF2L Task 11 Attend one (1) Public Hearing to present the Engineer s Report provide technical support answer questions and tabulate the ballots If required revisions will be made to the Engineer s Report after the public hearing as directed by the City Council (Revisions at this time are limited to reducing assessments unless another balloting is requested ) RESPONSIBILITIES OF THE CITY • City to designate a responsible official to manage and coordinate the project • Make available to Hams all available data information reports maps plans specifications cost estimates and other reasonable information for the proper performance for Hams services • Provide (or have developer provide) cost estimates a legal description of the proposed boundary and maps of the development plan and proposed improvements electronically if available • Prepare all notices of public hearings or other meetings to be published by City Clerk and schedule and agendize City meetings and hearings as required by law • Provide qualified legal counsel to draft legal notices review resolutions etc and to provide legal advice to City staff and to the Assessment Engineer as required AGENDA ITEM NO C \Documents and Sett ngs \mpaltza \Local Settings \Temporary lntemet F1les \0LK81 \03 Tax and Assessment Consultant scope of services 2007 d PAGEOF-f/- EXHIBIT A (continued) SCOPE OF SERVICES VII ADDITIONAL SERVICES FORECLOSURE ADMINISTRATION Task 1 Hams will assist the City s foreclosure counsel in preparing a final delinquency list for the initial preliminary foreclosure notice prepared by the foreclosure counsel Hams will verify the delinquency list with the County of Riverside Tax Collector and the City of Lake Elsinore to make sure that payments received have been posted to the properties Hams will support the foreclosure counsel during the foreclosure process DEVELOPMENT REVIEW FOR CONDITIONS OF APPROVAL Task 2 Hams will review the planning applications received for new developments and will prepare draft Conditions of Approval for the Department of Administrative Services Conditions will be prepared in a Microsoft Word format and transmitted directly to the City s planner assigned to each application The City will transmit copies of the planning applications to Hams in a timely manner Hams will return the comments back by the City s deadline CITY COUNCIL RESOLUTIONS & AGENDA REPORTS In addition to the tasks listed above Hams will prepare or assist in the preparation of resolutions and City Council agenda reports pertaining to the districts that Hams currently administers as well as for any future district formations and annexations that Hams will oversee These tasks will be included in the separate task assignments for each district or annexation Services additional to those described in this Scope of Services will be provided upon written authorization on a time and materials basis in accordance with the Schedule of Hourly Rates current at the time of providing the services or on a lump sum fee basis as negotiated Additional Services may include any other services desired and authorized by the City including additional formations and/or administration of new CFDs C \Documents and SetangM\mpaltza\Local Settings \Temporary Internet F les \OLK61 \03 Ta a d Assessment ConsBA5i1F9dlglLTtd9dMC9AL90' " ^^ PAQE�� ,OF..4L EXHIBIT B FEE FOR SERVICES I ANNUAL ADMINISTRATION OF CFDs The following is Hams & Associates annual lump sum fixed fee for the administration of the City s Community Facilities Districts by district For the City s CFDs formed prior to 2000 Hams will maintain the fees we have charged for the past 10 years These are West Lake Elsinore CFD 88 3 Tuscany Hills CFD 90 2 $13500 $13500 And with the recent parcel changes in the following districts we are reducing our fee to Summerhill CFD 98 1 Lake Elsinore City Center CFD 95 1 $7000 $5000 For all CFDs formed after 2002 Hams administration fee will be $17 per parcel within the CFD with a minimum fee of $5 000 Based on this the following would be the maximum estimated fees for the current CFDs formed after 2002 based on the expected build out parcel estimates C \Documents and Settings\mpaltza\Local Settings \Temporary Internet F les \OLK61 \03 Tax and Assessment ConAMMAc1' EMM doe PAGE 2� OF L/ Assessed Maximum District Parcels Fee Canyon Hills CFD 2003 2 3208 $54536 Rosetta Canyon CFD 2004 3 1 072 $18224 Serenity CFD 2005 1 233 $5000 Alberhill Ranch CFD 2005 2 1 288 $21896 Villages at Wasson Canyon CFD 2005 5 191 $5000 City Center CFD 2005 6 144 $5000 Summerly CFD 2006 1 1 484 $25228 Vlscaya CFD 2006 2 168 $5000 La Strada CFD 2006 3 128 $5000 Tract 30698 & 32129 CFD 2006 4 184 $5000 Tessera CFD 2006 6 90 $5000 Running Deer Estates CFD 2006 8 100 $5000 Trieste CFD 2006 9 121 $5000 Riverlake Villas CFD 2006 10 51 $5000 $169,884 C \Documents and Settings\mpaltza\Local Settings \Temporary Internet F les \OLK61 \03 Tax and Assessment ConAMMAc1' EMM doe PAGE 2� OF L/ For the City s services CFDs the fee will be based on $150 per parcel with a minimum fee of $5 000 as follows Dlstnct Paramedic Assessed 111 Parks Open Space Storm Drain 541 $5000 $10,000 II ANNUAL ADMINISTRATION LANDSCAPE AND STREET LIGHTING DISTRICTS The following are Hams & Associates maximum annual lump sum fixed fees for the administration of the City s Landscape and Street Lighting Districts by district Citywide Landscape and Street Lighting District Hams will maintain the fee we have charged since 1998 at $27 000 Landscape and Street Lighting District No 1 — The fee for this district will be based on the number of parcels within the district charged at $3 per parcel Assessed Parcels Fee Citywide LLMD Lz non a/r vvv LLMD No 1 2 690 $8070 $35070 III FORMATION OF A MELLO ROOS COMMUNITY FACILITIES DISTRICT The following are Hams & Associates fees for the formation of a new community facilities district District Formation / Bond Issuance Proposed CFD — 500 units or less Proposed CFD greater than 500 units $15 000 lump sum $25 000 lump sum Acquisition Audit Services Time & Materials based on Hourly Rate Schedule IV ANNEXATION OF TERRITORY INTO LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES CFD District Formation $4 200 lump sum V ANNEXATION OF TERRITORY INTO PARKS OPEN SPACE AND STORM DRAIN MAINTENANCE CFD District Formation $4 200 lump sum VI ANNEXATION OF TERRITORY INTO LANDSCAPE AND STREET LIGHTING DISTRICT NO 1 District Formation VII ADDITIONAL SERVICES Foreclosure Administration Development Review Other Additional Services $4 700 lump sum Time & Materials based on Hourly Rate Schedule Time & Materials based on Hourly Rate Schedule As negotiated C \Documents a d Sethngs\mpaltza\Local Seth Bs \Temporary Internet Fdes \0LK61W3 Tax and Assessment Consul"EWX in* Iro doc PAGE �/ OF.=3L TO FROM DATE SUBJECT BACKGROUND CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL MAYOR AND CITY COUNCIL ROBERT A BRADY, CITY MANAGER AUGUST 28, 2007 NOITCE OF COMPLETION FOR "CITY PARK" RESTAURANT /RESTROOM BUILDING Constructed by community volunteers in the early 1970s, City Park is one of the oldest facilities in the City of Lake Elsinore While the park retains the charm and simplicity of 30 years ago, some of its facilities are out of compliance with the Americans with Disabilities Act (ADA) On October 24 2006 City Council awarded the construction contract to 4 Con Engineering Inc for $496,032 to upgrade the restaurant and construct new restroom facilities On August 15, 2007 4 Con Engineering, Inc completed the work in accordance to plans and specifications DISCUSSION The project required the following three change orders Change Order #1 Extend Retaining Wall Additional Lights in Restaurant Move Sink & Misc Change Order #2 Remove Trees Additional Electrical Work Change Order #3 Relocate Fire Nozzle in Kitchen Increase Size of Concrete Pad = $23 539 61 = $12,753 18 = $8,979 79 AAA ITEM NO PANE ! RPM REPORT TO CITY COUNCIL AUGUST 28, 2007 PAGE 2 The total cost of the three Change Orders was $45 272 58 and the total construction cost including the change orders is $541304 58 The completed work was done in compliance with approved plans and specifications as confirmed by the City Inspector FISCAL IMPACT Total project cost, including design, specifications construction, construction contingencies administration material testing and inspection is $615 000 00 Project expenditures are as follows Construction (Including Contingencies) _ $541304 58 Plans and Specs(Kobata and Assoc) = $16 500 00 EVMWD = $19,204 00 Inspection and Administration = $5,76131 Miscellaneous = $1,94160 TOTAL = $584,71149 This represents project savings of $30 288 51 RECOMMENDATION It is staff's recommendation that the City Council 1 Authorize the Mayor to sign the Notice of Completion and have the City Clerk file the Notice of Completion for recordation PREPARED BY DAVID S SOLOMON, PROJECT ENGINEER REVEIWED BY KEN SEUMALO, DIRECTOR OF PUBLIC WORKS APPROVED FOR AGENDA BY C9YY MANAGER'S OF CE Attachments Vicinity Map AGEWA ITEM NO �\ PAGE 2 OF 3 — i K PROJECT AREA Lake Elsinore yv] 2 Clyyr£D AV£ £p 1, y V PROJECT AREA h N 2 0 110 0 NO F at CITY PARK -- PROJECT ID NUMBER PRK 0004 pmpdsr City Of Lake Elsinore PROJECT NUMBER 1iFi°riai0a 130 S Main St Amt ma w.smrcr. LAW Elsinore CA 92530 awns ca.pms ms (961) 674 3124 .,. mm, www lake- elsinore oi0 aRrbFOA ITEM N 4 ��-OF 3 CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT A BRADY, CITY MANAGER DATE AUGUST 28, 2007 SUBJECT PUBLIC HEARING - RESOLUTION DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS RELATING TO ANNEXATION OF PROPERTY INTO CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO 2006 -1 (SUMMERLY), CALL A SPECIAL ELECTION, CANVAS ELECTION RESULTS BACKGROUND On January 24, 2006, the City adopted a resolution of intention to form Community Facilities District (CFD) 2006 1 (Summerly) and a resolution of intention to incur bonded indebtedness to finance the facilities On February 28, 2006, the City held a noticed public hearing, heard testimony pertaining to the formation of the CFD, adopted Resolution No 2006 30 establishing the CFD and adopted Resolution No 2006 -31 which called an election within the CFD A landowner election was held within the CFD in which the eligible electors approved by more than two thirds vote the proposition of incurring bonded indebtedness, levying a special tax, and setting an appropriations limit in Improvement Areas 1, 2 and 3 of the CFD On July 24, 2007, the City adopted a resolution of intention to annex certain property into Improvement Area No 1 DISCUSSION The developer has requested a change to the boundaries of Improvement Area No 1 and Improvement Area No 2 Parcel 8 of Tract Map 31920 1 was originally included in the boundary for Improvement Area 2 However, the developer s intention was to Agenda Item No 21 Page / of '?k REPORT TO CITY COUNCIL AUGUST 28, 2007 PAGE 2 have Parcel 8 within Improvement Area No 1, therefore, they are requesting the change in the boundary No additional property is being added to the existing boundary of the CFD as a result of the change to the Improvement Area boundaries FISCAL IMPACT The administrative cost of forming the district incurred by the City was paid by the developer The cost of the change proceedings will also be paid for by the developer Repayment of the bonds are secured by the special taxes levied on all property within the district, other than those properties that are exempt as provided in the respective rate and method of apportionment RECOMMENDATION The following is recommended to the City Council 1 Open the Public Hearing and take testimony 2 By motion adopt Resolution No 2007 — 158 determining the validity of prior proceedings 3 Adopt Resolution No 2007 — 159 calling a special election 4 Adopt Resolution No 2007 — Ime ordering canvassing of the election results PREPARED BY APPROVED FOR AGENDA BY MATT N PRES DIRECTOR OF a a t I ffI/Ar 04 MANAGER'S TIVE SERVICES Agenda Item No �2 ( Page ';� of 2E ---------- - - - - -- PROPOSED BOUNDARY OF ANNEXATION NO 1 COMMUNITY FACILITIES DISTRICT No 2006 -1 IMPROVEMENT AREA NO 1 OF THE CITY OF LAKE ELSINORE (SUMMERLY) COUNTY OF RIVERSIDE STATE OF CALIFORNIA IMPROVEMENT AREA 2 IMPROVEMENT AREA 9 (1 Rn m xuE Eao m W nR a DROSm W Tr m W nm rs Ts n AA ati aH a Es rs u a TR o- coR oo LAKE ElBNME ME cw tt WF ( t>9 .0 a aRD a W ry m n E lE a Au oR A m W a DsED tt u ES rm aR DEs cc() f1.51 or s ar vca W *r m ry or Liu DE Cirr tAtle OR W n ar rE rE u oR �� m W ax cr aP sE con Tr m WIN wm i5 15 L u 0! m DROE RDD ua. () fLSI v t oR aE w ccu n m ry a w1 n aRE. W Tr eE c re LY DR �w1w � wQE IRACf NO.O W�1 VICMY MAP W SCALE D STR CT BOU DARY ® E 0 E iE ENLE m YE W iY YSS roR W ED . 1 GfF4E Cf m 1. O. ry L LA a OR . tt acme DE mE or w1 Lsruon I W Er m m nm w vn m mroRO m BDU DE xx W ccu ry '— IMPROVEMENT �F / AREA 1 fw Ex r) ry of aR cov n w ec / eo wer IMPROVEMENT W Cf m tt DF U EL CRE W AREA 2 4RG^1C4 NO 399120 1 / cnEn LED Ec mER of u W m __ rc W Ts sW W IMPROVEMENT AREA 2 IMPROVEMENT AREA 9 (1 Rn m xuE Eao m W nR a DROSm W Tr m W nm rs Ts n AA ati aH a Es rs u a TR o- coR oo LAKE ElBNME ME cw tt WF ( t>9 .0 a aRD a W ry m n E lE a Au oR A m W a DsED tt u ES rm aR DEs cc() f1.51 or s ar vca W *r m ry or Liu DE Cirr tAtle OR W n ar rE rE u oR �� m W ax cr aP sE con Tr m WIN wm i5 15 L u 0! m DROE RDD ua. () fLSI v t oR aE w ccu n m ry a w1 n aRE. W Tr eE c re LY DR �w1w � wQE IRACf NO.O W�1 VICMY MAP W SCALE D STR CT BOU DARY ® E 0 E iE ENLE m YE W iY YSS roR W ED . 1 GfF4E Cf m 1. O. ry L LA a OR . tt acme DE mE or w1 Lsruon I W Er m m nm w vn m mroRO m BDU DE xx W ccu ry I n1 rR ro RR en.1 fw Ex r) ry of aR cov n w ec iE Df �Ep M tt W Cf m tt DF U EL CRE W cnEn LED Ec mER of u W m __ rc W Ts sW W IY 4ER W THE PTY 0 L E ELS ORE !£ M Lf � W m W OF ttOLYt_ BCCV(_ Df Ci" SSE AN W lY 1R m W 1811 EN .�� m CfiiLE CF m W lY flECM RI W tt GF K lE GI p'Mry W tt qt CF m K {E[ PROPOSED BOUNDARY MAP Ann V N 1 C mm ity P Ultf M W t N 2004 1 Imp m t A N 1 HARRIS A ASSOCIATES ft C ty t Lk Mm IS mm ly) ` ia..w a m IN C ty f RI id C ❑f ml uEN Dx n JL -- -- AGE1 - �[� RESOLUTION NO 2007- 153 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS RELATING TO ANNEXATION OF CERTAIN PROPERTY INTO IMPROVEMENT AREA NO 1 OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO 2006- 1(SUMMERLY) WHEREAS, the City Council (the Council ) of the City of Lake Elsinore (the `City') has previously established the City of Lake Elsinore Community Facilities District No 2006 1 (Summerly) (the' CFD ) and designated areas within the CFD as Improvement Area No 1, Improvement Area No 2 and Improvement Area No 3 all pursuant to the Mello Roos Community Facilities Act of 1982 as amended (the Act ), and WHEREAS the Council has heretofore adopted Resolution No 2007 136 ( "Resolution of Intention ) stating its intention to annex certain property (the Annex Area' ) into Improvement Area No 1 and WHEREAS, a copy of the Resolution of Intention is on file with the City Clerk and incorporated herein by reference, and WHEREAS, pursuant to the Act and in accordance with applicable laws this Council held a public hearing on the annexation of Annex Area into Improvement Area No 1, and WHEREAS, at said hearing all persons not exempt from the Special Tax desiring to be heard on all matters pertaining to the annexation of Annex Area into Improvement Area No 1 were heard and a full and fair hearing was held, and WHEREAS, at said hearing evidence was presented to the Council on said matters before it and this Council at the conclusion of said hearing is fully advised in the premises Agenda Item No Page —�--of-�9 CITY COUNCIL RESOLUTION NO 2007 - PAGE 2 OF 5 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS SECTION 1 The Council finds and determines that the proceedings prior hereto were valid and in conforrmty with the requirements of the Act SECTION 2 The Annex Area is hereby annexed into Improvement Area No 1 SECTION 3 The description and map of the boundaries of the Annex Area on file in the City Clerk's office and as described in the Resolution of Intention and incorporated herein by reference, shall be the boundaries of the Annex Area The map of the proposed boundaries of the Annex Area has been recorded in the Office of the County Recorder of Riverside County, California (Book 71 of Maps of Assessment and Community Facilities District at page 96 and as Instrument No 2007 0522373) SECTION 4 Except where funds are otherwise available it is the intention of the Council to levy annually in accordance with procedures contained in the Act a special tax (the "Services Special Tax ) sufficient to finance a portion of the cost of providing parks, open space and storm drain maintenance services (the Services ) that are in addition to those provided in the territory within the Annex Area prior to the annexation of the Annex Area into Improvement Area No 1 and do not supplant services already available within the territory proposed to be included in the Annex Area the costs of administering the levy and collection of the Services Special Tax and all other costs of the levy of the Services Special Tax, including any foreclosure proceedings, legal, fiscal and financial consultant fees electron costs, and all other administrative costs of the tax levy The Services Special Tax will be secured by recordation of a continuing lien against all real property in the Annex Area The schedule of the rate and method of apportionment and manner of collection of the Services Special Tax is described in detail in Exhibit A attached hereto and by this reference incorporated herein The Services Special Tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325 3 of the Act Agenda Item No 2 Page 5 of 38' CITY COUNCIL RESOLUTION NO 2007 - PAGE 3 OF 5 SECTION 5 The facilities proposed to be financed by each improvement area of the CFD are public infrastructure facilities and other governmental facilities with an estimated useful life of five years or longer, which the CFD is authorized by law to construct, own or operate and that are necessary to meet increased demands placed upon the City as a result of development or rehabilitation occurring within the proposed CFD, including but not limited to streets, streetscape, park and recreation facilities, storm drain other City facilities and fees, water and sewer facilities and fees of the Elsinore Valley Municipal Water District, and related costs including design, inspections professional fees, annexation fees, connection fees and acquisition costs (the Facilities ) Such Facilities need not be physically located within the CFD SECTION 6 Except where funds are otherwise available, it is the intention of the Council to levy annually in accordance with procedures contained in the Act a special tax (the Special Tax') sufficient to pay for the costs of financing the acquisition and/or construction of the Facilities, including the principal of and interest on the bonds proposed to be issued to finance the Facilities and other periodic costs, the establishment and replenishment of reserve funds, the remarketing, credit enhancement and liquidity fees the costs of administering the levy and collection of the Special Tax and all other costs of the levy of the Special Tax and issuance of the bonds, including any foreclosure proceedings, arclutectural engineering, inspection legal, fiscal, and financial consultant fees discount fees, interest on bonds due and payable prior to the expiration of one year from the date of completion of facilities (but not to exceed two years), election costs and all costs of issuance of the bonds, including, but not limited to, fees for bond counsel, disclosure counsel, financing consultants and printing costs and all other administrative costs of the tax levy and bond issue The Special Tax will be secured by recordation of a continuing lien against all real property in the Annex Area In the first year in which such a Special Tax is levied, the levy shall include a sum sufficient to repay to the City all amounts, if any, transferred to the CFD pursuant to Section 53314 of the Act and interest thereon The schedule of the rate and method of apportionment and manner of collection of the Special Tax is described in detail in Exhibit A attached hereto and by this reference incorporated herein Agenda Item No 1 Page 6 of -39 CITY COUNCIL RESOLUTION NO 2007 - PAGE 4 OF 5 The Special Tax is apportioned to each parcel pursuant to Section 53325 3 of the Act In the event that a portion of the property within an improvement area of the CFD shall become for any reason exempt, wholly or partially, from the levy of the Special Tax, the Council shall, on behalf of the CFD, increase the levy to the extent necessary upon the remaining property within the same improvement area of the CFD which is not delinquent or exempt in order to yield the required payments subject to the maximum tax Under no circumstances, however shall the Special Tax levied against any parcel used for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the same improvement area of the CFD by more than 10 percent Furthermore, the maximum special tax authorized to be levied against any parcel used for private residential purposes shall not be increased over time in excess of 2 percent per year SECTION 7 Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114 5 of the Streets and Highways Code, a continuing lien to secure each levy of the Services Special Tax and the Special Tax shall attach to all real property in the Annex Area, and the lien with respect to the Special Tax shall continue in force and effect until the Special Tax obligation is prepaid or otherwise permanently satisfied and the lien canceled in accordance with law and the lien with respect to the Services Special Tax and the Special Tax shall continue in force and effect until collection of the Services Special Tax and the Special Tax by the CFD ceases SECTION 8 Neither the proposed Services Special Tax nor the Special Tax to be levied in the Annex Area has been precluded by protests by owners of one -half or more of the land in the territory included in the Annex Area pursuant to Government Code Section 53324 SECTION 9 The voting procedure with respect to the imposition of the Services Special Tax and the Special Tax shall be by hand delivered or mailed ballot election SECTION 10 The Interim City Clerk is directed to certify and attest to this Resolution and to take any and all necessary acts to call hold, canvass and certify an election or elections on the incurring bonded indebtedness, the levy of the Special Tax and the establishment of the appropriation limit Agenda Item No Page 7 of -39 CITY COUNCIL RESOLUTION NO 2007 - PAGE 5 OF 5 SECTION 11 This Resolution shall take effect from and after the date of its passage and adoption PASSED, APPROVED AND ADOPTED this 28th day of August, 2007 AYES COUNCILMEMBERS NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS ATTEST Michelle Soto, Interim City Clerk City of Lake Elsinore APPROVED AS TO FORM Barbara Zeid Leibold, City Attorney City of Lake Elsinore Robert E Magee Mayor City of Lake Elsinore Agenda Item No 2-1 Page 9 of 38' EXHIBIT A RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX (IMPROVEMENT AREA NO 1) Agenda Item No 21 Page _ of RATE AND METHOD OF APPORTIONMENT FOR CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT No 2006 1 IMPROVEMENT AREA No 1 (SUMMERLY) A Special Tax shall be levied on all Assessor s Parcels in City of Lake Elsinore Community Facilities District No 2006 1 (Summerly) ( CFD No 2006 1 (IA No 1) ) and collected each Fiscal Year commencing in Fiscal Year 2006 2007 in an amount determined through the application of this Rate and Method of Apportionment as described below All of the real property in CFD No 2006 1 (IA No 1) unless exempted by law or by the provisions hereof shall be taxed for the purposes to the extent and in the manner herein provided A DEFINITIONS The terms hereinafter set forth have the following meanings "Acre or Acreage" means the land area of an Assessor s Parcel as shown on an Assessors Parcel Map or if the land area is not shown on an Assessor s Parcel Map the land area shown on the applicable final map parcel map condominium plan or other recorded County parcel map "Act" means the Mello Roos Community Facilities Act of 1982 being Chapter 2 5 Part 1 Division 2 of Title 5 of the California Government Code "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No 2006 1 (IA No 1) the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both) the costs of collecting the Special Taxes (whether by the City or otherwise) the costs of remitting the Special Taxes to the Trustee the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the Indenture the costs to the City CFD No 2006 1 (IA No 1) or any designee thereof of complying with arbitrage rebate requirements the costs to the City CFD No 2006 1 (IA No 1) or any designee thereof of complying with disclosure requirements of the City CFD No 2006 1 (IA No 1) or obligated persons associated with applicable federal and state securities laws and the Act the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes the costs of the City CFD No 2006 1 (IA No 1) or any designee thereof related to an appeal of the Special Tax the costs associated with the release of funds from an escrow account and the City s annual administration fees and third party expenses Administrative Expenses shall also include amounts estimated by the CFD Administrator or advanced by the City or CFD No 2006 1(IA No 1) for any other administrative purposes of CFD No 2006 1 (IA No 1) including City of Lake Elsinore Community Facilities District No 2006 1 January 16 2006 Improvement Area No 1 (Summerly) page 1 Agenda Item No Z Page ID of —? b attorney s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes "Assessor's Parcel" means a lot or parcel shown in an Assessors Parcel Map with an assigned Assessor s Parcel number "Assessor's Parcel Map" means an official map of the County Assessor of the County designating parcels by Assessor s Parcel number "Assigned Special Tax for Facilities" means the Special Tax for Facilities for each Land Use Class of Developed Property as determined in accordance with Section C 1 (b) below "Authorized Facilities" means those authorized improvements as listed in an exhibit to the Resolution of Formation "Backup Special Tax for Facilities" means the Special Tax for Facilities applicable to each Assessors Parcel of Developed Property as determined in accordance with Section C 1 (c) below "Certificate of Occupancy" means a certificate issued by the City that authorizes the actual occupancy of a dwelling unit for habitation by one or more residents "CFD Administrator" means an official of the City or designee thereof responsible for determining the Special Tax Requirement for Facilities the Special Tax Requirement for Services as determined in accordance with Section I below and providing for the levy and collection of the Special Taxes "CFD No 2006 1" means City of Lake Elsinore Community Facilities District No 2006 1 (Summerly) "CFD No 2006 1 (IA No 1)" means Improvement Area No 1 of CFD No 2006 1 as identified on the boundary map for CFD No 2006 1 "CFD No 2006 1 (IA No 1) Bonds" means any bonds or other debt (as defined in Section 53317(d) of the Act) whether in one or more series issued by CFD No 2006 1(IA No 1) and secured solely by the Special Tax for Facilities levy on property within the boundaries of CFD No 2006 1 (IA No 1) under the Act "City" means the City of Lake Elsinore City of Lake Elsinore Community Facilities District No 2006 1 January 16 2006 Improvement Area No 1 (Summerly) Page 2 Agenda Item No 21 P l/ of Page 2u "City Council" means the City Council of the City of Lake Elsinore acting as the legislative body of CFD No 2006 1 (IA No 1) "County" means the County of Riverside "Developed Property" means with respect to the Special Tax for Facilities for each Fiscal Year all Taxable Property exclusive of Taxable Public Property and Taxable Property Owner Association Property for which the Final Subdivision was recorded on or before January 1 of the prior Fiscal Year and a building permit for new construction was issued on or before May 1 of the Fiscal Year preceding the Fiscal Year for which the Special Tax for Facilities is being levied "Final Subdivision" means (i) a final map or portion thereof approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq ) that creates individual lots for which building permits maybe issued or (u) for condominiums a final map or portion thereof approved by the City and a condominium plan recorded pursuant to California Civil Code Section 1352 that creates individual lots for which building permits may be issued "Fiscal Year" means the period starting July 1 and ending on the following June 30 "Indenture" means the indenture fiscal agent agreement resolution or other instrument pursuant to which CID No 2006 1(IA No 1) Bonds are issued as modified amended and/or supplemented from time to time and any instrument replacing or supplementing the same "Land Use Class" means any of the classes listed in Table 1 below "Maximum Special Tax for Facilities" means the maximum Special Tax for Facilities determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor s Parcel "Non - Residential Property" means all Assessor s Parcels ofDeveloped Property for which a building permit permitting the construction of one or more non residential units or facilities has been issued by the City "Outstanding Bonds" means all CID No 2006 1 (IA No 1) Bonds which are deemed to be outstanding under the Indenture City of Lake Elsinore Community Facilities District No 2006 1 January 16 2006 Improvement Area No I (Summerty) Page 3 Agenda Item No 2 -_ Page /,� of 10 Property owner Association Property" means for each Fiscal Year any property within the boundaries of CFD No 2006 1 (IA No 1) that was owned by a property owner association including any master or sub association as of January 1 of the prior Fiscal Year "Proportionately" means for Developed Property that the ratio of the actual Special Tax for Facilities levy to the Assigned Special Tax for Facilities is equal for all Assessor s Parcels of Developed Property For Undeveloped Property Proportionately means that the ratio of the actual Special Tax for Facilities levy per Acre to the Maximum Special Tax for Facilities per Acre is equal for all Assessor s Parcels of Undeveloped Property The term Proportionately may similarly be applied to other categories of Taxable Property as listed in Section D below "Public Property" means for each Fiscal Year (1) any property within the boundaries of CFD No 2006 1 (IA No 1) owned by irrevocably offered or dedicated to or over through or under which an easement for purposes of public use has been granted to the federal government the State the County the City the Lake Elsinore Unified School District or any local government or other public agency as of January 1 of the previous Fiscal Year provided that any property leased by a public agency to a private entity and subject to taxation under Section 53340 1 of the Act shall be taxed and classified according to its use or (u) any property within the boundaries of CFD No 2006 1 (IA No 1) that was encumbered as of January 1 of the previous Fiscal Year by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement "Residential Floor Area" means all of the square footage of living area within the perimeter of a residential structure not including any carport walkway garage overhang patio enclosed patio or similar area The determination of Residential Floor Area for an Assessor s Parcel shall be made by reference to the building permit(s) issued for such Assessor s Parcel "Residential Property" means all Assessor s Parcels of Developed Property for which a building permit permitting the construction thereon of one or more residential dwelling units has been issued by the City "Resolution of Formation" means the resolution of formation for CFD No 2006 1 (IA No 1) "Special Tax" means any of the special taxes authorized to be levied by CFD No 2006 1 (IA No 1) pursuant to the Act "Special Tax for Facilities" means the special tax to be levied in each Fiscal Year on each Assessors Parcel of Developed Property Taxable Property Owner Association Property City of Lake Elsinore Community Facilities District No 2006 -1 January 16 2006 Improvement Area No I (Summerly) Page 4 Agenda Item No 2 Page 13 of)o Taxable Public Property and Undeveloped Property to fund the Special Tax Requirement for Facilities "Special Tax Requirement for Facilities" means that amount required in any Fiscal Year for CFD No 2006 1 (IA No 1) to (1) pay debt service on all Outstanding Bonds due in the calendar year commencing in such Fiscal Year (n) pay periodic costs on the CFD No 2006 1 (IA No 1) Bonds including but not limited to credit enhancement and rebate payments on the CFD No 2006 1(IA No 1) Bonds due in the calendar year commencing in such Fiscal Year (iii) pay a proportionate share of Administrative Expenses (iv) pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds (v) pay for reasonably anticipated Special Tax for Facilities delinquencies based on the delinquency rate for the Special Tax for Facilities levy in the previous Fiscal Year (vi) pay directly for acquisition or construction of Authorized Facilities to the extent that the inclusion of such amount does not increase the Special Tax for Facilities levy on Undeveloped Property less (vu) a credit for funds available to reduce the annual Special Tax for Facilities levy as determined bythe CFD Administrator pursuant to the Indenture "State" means the State of California "Taxable Property" means all of the Assessors Parcels within the boundaries of CFD No 2006 1 (IA No 1) which are not exempt from the Special Tax for Facilities pursuant to law or Section E below "Taxable Property Owner Association Property" means all Assessor s Parcels of Property Owner Association Property that are not exempt pursuant to Section E below "Taxable Public Property" means all Assessor s Parcels of Public Property that are not exempt pursuant to Section E below "Trustee" means the trustee or fiscal agent under the Indenture "Undeveloped Property" means for each Fiscal Year all Taxable Property not classified as Developed Property Taxable Property Owner Association Property or Taxable Public Property B ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year all Taxable Property within CFD No 2006 1 (IA No 1) shall be classified as Developed Property Taxable Public Property Taxable Property Owner Association Property or Undeveloped Property and shall be subject to Special Taxes in accordance with this Rate and Method of Apportionment determined pursuant to Sections C and D below City of Lake Elsinore Community Facilities District No 2006 1 January 16 2006 Improvement Area No I (Summerly) Page S Agenda Item No=--F- Page /4//7` of.,50 Residential Property shall be assigned to Land Use Classes 1 through 7 as listed in Table 1 below based on the Residential Floor Area for each unit Non Residential Property shall be assigned to Land Use Class 8 With respect to Residential Property the Residential Floor Area shall be determined from the most recent building permit issued prior to the issuance of Certificate of Occupancy for such Assessor s Parcel C MAXIMUM SPECIAL TAX FOR FACILITIES Prior to the issuance of CFD No 2006 1 (IA No 1) Bonds the Assigned Special Tax for Facilities on Developed Property (set forth in Table 1) and the Backup Special Tax for Facilities attributable to a Final Subdivision maybe reduced in accordance with and subject to the conditions set forth in this paragraph If it is reasonably determined by the CFD Administrator that the overlapping debt burden (as defined in the Statement of Goals and Policies for the Use of the Mello Roos Community Facilities Act of 1982 adopted by the City Council the Goals and Policies ) calculated pursuant to the Goals and Policies based upon the Assigned Special Tax for Facilities on Developed Property exceeds the City s maximum level objective set forth in such document the Assigned Special Tax for Facilities on Developed Property and the Backup Special Tax for Facilities attributable to a Final Subdivision may be reduced to the amount necessary to satisfy the City s objective with respect to the maximum overlapping debt burden level with the written consent of the CFD Administrator The reductions permitted pursuant to this paragraph shall be reflected in an amended Notice of Special Tax Lien which the City shall cause to be recorded by executing a certificate in substantially the form attached hereto as Exhibit A 1 Developed Properiy (a) Maximum Special Tax for Facilities The Maximum Special Tax for Facilities for each Assessors Parcel classified as Developed Property shall be the greater of (i) the amount derived by application of the Assigned Special Tax for Facilities or (u) the amount derived by application of the Backup Special Tax for Facilities (b) Assigned Special Tax for Facilities The Fiscal Year 2006 2007 Assigned Special Tax for Facilities for each Land Use Class is shown below in Table 1 City of Lake Elsinore Community Facilities District No 2006 1 January 16 2006 Improvement Area No 1 (Summerly) Page 6 Agenda Item No 2 Page /.5— of 3 TABLE 1 Assigned Special Tax for Facilities for Developed Property Community Facilities District No 2006 1 Fiscal Year 2006 2007 Land Use Class a " 17escnphou1 Residential _ Floor AM Assigned Special Tax for,Facihties 1 Residential Property More than 3 649 sq ft $3 112 per uni 2 Residential Property 3 350 — 3 649 sq ft $2 871 per unit 3 Residential Property 3 050 — 3 349 sq ft $2 723 per um 4 Residential Property 2 750 — 3 049 sq ft $2 588 per um 5 Residential Property 2 450 — 2 749 sq ft $2 373 per um 6 Residential Property 2 150 — 2 449 sq It $2 321 per uni 7 Residential Property Less than 2 150 sq It $2 235 per uni 8 Non Residential Property NA $16 513 per Acre City of Lake Elsinore Community Facilities District No 2006 1 January 16 2006 Improvement Area No I (Summerly) Page 7 Agenda Item No "?- Page 16 of -10 (c) Backup Special Tax for Facilities The Fiscal Year 2006 2007 Backup Special Tax for Facilities attributable to a Final Subdivision will equal $18 348 multiplied by the Acreage of all Taxable Property exclusive of any Taxable Property Owner Association Property and Taxable Public Property therein The Backup Special Tax for Facilities for each Assessor s Parcel of Residential Property shall be computed by dividing the Backup Special Tax for Facilities attributable to the applicable Final Subdivision by the number of Assessor s Parcels for which building permits for residential construction have or may be issued (i a the number or residential lots) The Backup Special Tax for Facilities for each Assessor s Parcel of Non Residential Property therein shall equal $18 348 multiplied by the Acreage of such Assessor s Parcel If a Final Subdivision includes Assessor s Parcels of Taxable Property for which building permits for both residential and non residential construction may be issued exclusive of Taxable Property Owner Association Property and Taxable Public Property then the Backup Special Tax for Facilities for each Assessor s Parcel of Residential Property shall be computed exclusive of the Acreage and Assessors Parcels of property for which building permits for non residential construction maybe issued Notwithstanding the foregoing if all or any portion of the Final Subdivision(s) described in the preceding paragraphs is subsequently changed or modified by recordation of a lot line adjustment or similar instrument and only if the CFD Administrator determines that such change or modification results in a decrease in the number of Assessor s Parcels of Taxable Property for which building permits for residential construction have or may be issued within such Final Subdivision then the Backup Special Tax for Facilities for each Assessor s Parcel of Developed Property that is part of the lot line adjustment or similar instrument for such Final Subdivision shall be a rate per Acre as calculated below The Backup Special Tax for Facilities previously determined for an Assessor s Parcel of Developed Property that is not a part of the lot line adjustment or similar instrument for such Final Subdivision shall not be recalculated 1 Determine the total Backup Special Tax for Facilities anticipated to apply to the changed or modified portion of the Final Subdivision area prior to the change or modification City of Lake Elsinore Community Facilities District No 2006 1 January 16 2006 Improvement Area No I (Summerly) Page 8 Agenda Item NoZ ` Page/7 of 2 The result of paragraph 1 above shall be divided by the Acreage of Taxable Property which is ultimately expected to exist in such changed or modified portion of the Final Subdivision area as reasonably determmed by the CFD Administrator The result of paragraph 2 above shall be the Backup Special Tax for Facilities per Acre which shall be applicable to Assessors Parcels of Developed Property in such changed or modified portion of the Final Subdivision area for all remaining Fiscal Years to which the Special Tax for Facilities may be levied (d) Release of Obligation to Pay and Disclose Backup Special Tax All Assessors Parcels within CFD No 2006 1 (IA No 1) will be relieved simultaneously and permanently from the obligation to pay and disclose the backup Special Tax if the CFD Administrator determines that the annual debt service required for the Outstanding Bonds when compared to the Assigned Special taxes that maybe levied against all Assessor s Parcels of Developed Property results in 110% debt service coverage (1 a the Assigned Special Taxes that may be levied against all Developed Property in each remaining Fiscal Year based on then existing development in CFD No 2006 1 (IA No 1) is at least equal to the sum of (i) the Administrative Expenses and (u)1 10 times maximum annual debt service in each remaining Fiscal Year on the Outstanding Bonds) (e) Increase in the Assigned Special Tax for Facilities and Backup Special Tax for Facilities The Fiscal Year 2006 2007 Assigned Special Tax for Facilities identified in Table 1 above and Backup Special Tax for Facilities shall increase thereafter commencing on July 1 2007 and on July 1 of each Fiscal Year thereafter by an amount equal to two percent (2 %) of the amount in effect for the previous Fiscal Year (f) Multiple Land Use Classes In some instances an Assessor s Parcel of Developed Property may contain more than one Land Use Class The Maximum Special Tax for Facilities levied on an Assessors Parcel shall be the sum of the Maximum Special Tax for Facilities for all Land Use Classes located on that Assessor s Parcel The CFD Administrator s allocation to each type of property shall be final City of Lake Elsinore Community Facilities District No 2006 1 January 16 2006 Improvement Area No I (Summerly) Page 9 Agenda Item No 7-k Page /8 of a 2 Taxable Property Owner Association Property, Taxable Public Property, an d Undeveloped Property The Fiscal Year 2006 2007 Maximum Special Tax for Facilities for Taxable Property Owner Association Property Taxable Public Property and Undeveloped Property shall be $18 348 per Acre and shall increase thereafter commencing on July 1 2007 and on July 1 of each Fiscal Year thereafter by an amount equal to two percent (2 %) of the Maximum Special Tax for Facilities in effect for the previous Fiscal Year D METHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR FACILITIES Commencing with Fiscal Year 2006 2007 and for each following Fiscal Year the City Council shall determine the Special Tax Requirement for Facilities and levy the Special Tax for Facilities until the amount of Special Tax for Facilities levy equals the Special Tax Requirement for Facilities The Special Tax for Facilities shall be levied each Fiscal Year as follows First The Special Tax for Facilities shall be levied on each Assessor s Parcel of Developed Property in an amount equal to 100% of the applicable Assigned Special Tax for Facilities Second If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first step has been completed the Special Tax for Facilities shall be levied Proportionately on each Assessors Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax for Facilities for Undeveloped Property Third If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first two steps have been completed then the levy of the Special Tax for Facilities on each Assessors Parcel of Developed Property whose Maximum Special Tax for Facilities is determined through the application of the Backup Special Tax for Facilities shall be increased in equal percentages from the Assigned Special Tax for Facilities up to the Maximum Special Tax for Facilities for each such Assessors Parcel Fourth If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first three steps have been completed then the Special Tax for Facilities shall be levied Proportionately on each Assessor s Parcel of Taxable Property Owner Association Property and Taxable Public Property at up to 100% of the Maximum Special Tax for Facilities for Taxable Property Owner Association Property or Taxable Public Property Notwithstanding the above the City Council may in any Fiscal Year levy Proportionately less than 100% of the Assigned Special Tax for Facilities in step one (above) when (1) the City Council is no longer required to levy the Special Tax for Facilities pursuant to steps two City of Lake Elsinore Community Facilities District No 2006 1 January 16 2006 Improvement Area No I (Summerly) Page 10 Agenda Item No 2 1 Page . of .5K E through four above in order to meet the Special Tax Requirement for Facilities (u) all authorized CFD No 2006 1 (IA No 1) Bonds have already been issued or the City Council has covenanted that it will not issue any additional CFD No 2006 1(IA No 1) Bonds (except refunding bonds) to be supported by the Special Tax for Facilities and (iii) all Authorized Facilities have been constructed and/or acquired Further notwithstanding the above under no circumstances will the Special Tax for Facilities levied against any Assessors Parcel of Residential Property for which a Certificate of Occupancy has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor s Parcel within CFD No 2006 1 (IA No 1) No Special Tax for Facilities shall be levied on up to 25 1 Acres of Property Owner Association Property and/or Public Property in CFD No 2006 1 (IA No 1) Tax exempt status will be assigned by the CFD Administrator in the chronological order in which property becomes Property Owner Association Property or Public Property However should an Assessor s Parcel no longer be classified as Property Owner Association Property or Public Property its tax exempt status will be revoked Property Owner Association Property or Public Property that is not exempt from Special Tax for Facilities under this section shall be subject to the levy of the Special Tax for Facilities and shall be taxed Proportionately as part of the fourth step in Section D above at up to 100% of the Maximum Special Tax for Facilities for Taxable Property Owner Association Property or Taxable Public Property F MANNER OF COLLECTION The Special Tax for Facilities shall be collected in the same manner and at the same time as ordinary ad valorem property taxes provided however that CFD No 2006 1 (IA No 1) may directly bill the Special Tax for Facilities may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations and may covenant to foreclose and may actually foreclose on delinquent Assessor s Parcels as permitted by the Act G PREPAYMENT OF SPECIAL TAX FOR FACILITIES The following additional definitions apply to this Section G City of Lake Elsinore Community Facilities District No 2006 1 January 16 2006 Improvement Area No 1 (Summerly) Page 11 Agenda Item No (2— Page c2l) of mss' "Buildout" means for CFD No 2006 1 (IA No 1) that all expected building permits have been issued "CFD Public Facilities" means either $18 635 000 in 2006 dollars which shall increase by the Construction Inflation Index on July 1 2007 and on each July 1 thereafter or such lower number as (1) shall be determined by the CFD Administrator as sufficient to provide the public facilities to be provided by CFD No 2006 1 (IA No 1) under the authorized bonding program for CFD No 2006 1 (IA No 1) or (u) shall be determined by the City Council concurrently with a covenant that it will not issue any more CFD No 2006 1 (IA No 1) Bonds (except refunding bonds) to be supported by the Special Tax for Facilities levy under this Rate and Method of Apportionment as described in Section D above "Construction Inflation Index" means the annual percentage change in the Engineering News Record Building Cost Index for the City of Los Angeles measured as of the calendar year which ends in the previous Fiscal Year In the event this index ceases to be published the Construction Inflation Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Engineering News Record Building Cost Index for the City of Los Angeles "Future Facilities Costs" means the CFD Public Facilities minus (1) public facility costs previously paid from the Improvement Fund (n) moneys currently on deposit in the Improvement Fund and (iii) moneys currently on deposit in an escrow fund that are expected to be available to finance the cost of CFD Public Facilities "Improvement Fund" means an account specifically identified in the Indenture to hold funds which are currently available for expenditure to acquire or construct CFD Public Facilities eligible under the Act "Previously Issued Bonds" means for any Fiscal Year all Outstanding Bonds that are deemed to be outstanding under the Indenture after the first interest and/or principal payment date following the current Fiscal Year Prepayment in Full Only an Assessors Parcel of Developed Property or Undeveloped Property for which a building permit has been issued may be prepaid The obligation of the Assessor s Parcel to pay the Special Tax for Facilities may be permanently satisfied as described herein provided that a prepayment may be made with respect to a particular Assessor s Parcel only if there are no delinquent Special Taxes with respect to such Assessor s Parcel at the time ofprepayment An owner of an Assessor s Parcel intending to prepay the Special Tax for Facilities obligation shall provide the CFD Administrator with written notice of intent to prepay Withm 30 days City of Lake Elsinore Community Facilities District No 2006 1 January 16 2006 Improvement Area No 1 (Summerly) Page 12 Agenda Item No Page - of -?K prepay Within 30 days of receipt of such written notice the CFD Administrator shall notify such owner of the prepayment amount for such Assessors Parcel The CFD Administrator may charge a reasonable fee for providing this service Prepayment must be made not less than 45 days prior to the next occurring date that notice of redemption of CFD No 2006 1(IA No 1) Bonds from the proceeds of such prepayment may be given by the Trustee pursuant to the Indenture The Special Tax for Facilities Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below) Bond Redemption Amount plus Redemption Premium plus Future Facilities Amount plus Defeasance Amount plus Administrative Fees and Expenses less Reserve Fund Credit less Capitalized Interest Credit Total equals Special Tax for Facilities Prepayment Amount As of the proposed date of prepayment the Special Tax for Facilities Prepayment Amount shall be calculated as follows Parasraph No Confirm that no Special Tax delinquencies apply to such Assessor s Parcel For Assessor s Parcels of Developed Property compute the Assigned Special Tax for Facilities and Backup Special Tax for Facilities For Assessors Parcels of Undeveloped Property for which a building permit has been issued compute the Assigned Special Tax for Facilities and Backup Special Tax for Facilities for that Assessor s Parcel as though it was already designated as Developed Property based upon the building permit which has already been issued for that Assessor s Parcel (a) Divide the Assigned Special Tax for Facilities computed pursuant to paragraph 2 by the total estimated Assigned Special Tax for Facilities for the entire CFD No 2006 1 (IA No 1) based on the Developed Property Special Tax for Facilities which could be levied in the current Fiscal Year on all expected development through Buildout of CFD No 2006 1 (IA No 1) excluding any Assessor s Parcels which have been prepaid and City of Lake Elsinore Community Facilities District No 2006 1 January 16 2006 Improvement Area No I (Summerly) Page 13 Agenda Item No 2A Page ?a of 3y (b) Divide the Backup Special Tax for Facilities computed pursuant to paragraph 2 by the total estimated Backup Special Tax for Facilities at Buildout for the entire CFD No 2006 1 (IA No 1) excluding any Assessor s Parcels which have been prepaid Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the Previously Issued Bonds to compute the amount of Previously Issued Bonds to be retired and prepaid (the Bond Redemption Amount ) Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the applicable redemption premium (e g the redemption price 100 %) if any on the Previously Issued Bonds to be redeemed (the Redemption Premium ) Compute the current Future Facilities Costs Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the amount determined pursuant to paragraph 6 to compute the amount of Future Facilities Costs to be prepaid (the Future Facilities Amount ) Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Previously Issued Bonds 9 Determine the Special Tax for Facilities levied on the Assessor s Parcel in the current Fiscal Year which has not yet been paid 10 Compute the minimum amount the CFD Administrator reasonably expects to derive from the reinvestment of the Special Tax for Facilities Prepayment Amount less the Future Facilities Amount and the Administrative Fees and Expenses (defined below) from the date of prepayment until the redemption date for the Previously Issued Bonds to be redeemed with the prepayment 11 Add the amounts computed pursuant to paragraphs 8 and 9 and subtract the amount computed pursuant to paragraph 10 (the 'Defeasance Amount ) 12 The administrative fees and expenses of CFD No 2006 1 (IA No 1) are as calculated by the CFD Administrator and include the costs of computation of the prepayment the costs to invest the prepayment proceeds the costs of redeeming CFD No 2006 1 (IA No 1) Bonds and the costs of recording any notices to evidence the prepayment and the redemption (the "Administrative Fees and Expenses ) City of Lake Elsinore Community Facilities District No 20061 January 16 2006 Improvement Area No I (Summerly) Page 14 Agenda Item No 2� Page -�3 of 39 13 The reserve fund credit (the Reserve Fund Credit ) shall equal the lesser of (a) the expected reduction in the reserve requirement (as defined in the Indenture) if any associated with the redemption of Previously Issued Bonds as a result of the prepayment or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Previously Issued Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date but in no event shall such amount be less than zero No Reserve Fund Credit shall be granted if the amount then on deposit in the reserve fund for the Previously Issued Bonds is below 100% of the reserve requirement (as defined in the hndenture) 14 If any capitalized interest for the Previously Issued Bonds will not have been expended as of the date immediately following the first interest and/or principal payment following the current Fiscal Year a capitalized interest credit shall be calculated by multiplying the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the expected balance in the capitalized interest fund or account under the Indenture after such first interest and/or principal payment (the Capitalized Interest Credit ) 15 The Special Tax for Facilities prepayment is equal to the sum of the amounts computed pursuant to paragraphs 4 5 7 11 and 12 less the amounts computed pursuant to paragraphs 13 and 14 (the Special Tax for Facilities Prepayment Amount ) From the Special Tax for Facilities Prepayment Amount the amounts computed pursuant to paragraphs 4 5 11 13 and 14 shall be deposited into the appropriate fund as established under the Indenture and be used to retire CFD No 2006 1 (IA No 1) Bonds or make debt service payments The amount computed pursuant to paragraph 7 shall be deposited into the Improvement Fund The amount computed pursuant to paragraph 12 shall be retained by CFD No 2006 1 (IA No 1) The Special Tax for Facilities Prepayment Amount maybe insufficient to redeem a full $5 000 increment of CFD No 2006 1 (IA No 1) Bonds In such cases the increment above $5 000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of CFD No 2006 1 (IA No 1) Bonds or to make debt service payments As a result of the payment of the current Fiscal Year s Special Tax for Facilities levy as determined under paragraph 9 (above) the CFD Administrator shall remove the current Fiscal Year s Special Tax for Facilities levy for such Assessor s Parcel from the County tax rolls With respect to any Assessors Parcel that is prepaid the City Council shall cause a suitable notice to be recorded in compliance with the Act to indicate the prepayment of the Special Tax for Facilities and the release of the Special Tax for Facilities lien on such Assessor s City of Lake Elsinore Community Facilities District No 2006 1 January 16 2006 Improvement Area No I (Summerly) Page 15 Agenda Item No 2� Page � of .38, Assessor s Parcel and the obligation of such Assessor's Parcel to pay the Special Tax for Facilities shall cease Notwithstanding the foregoing no Special Tax for Facilities prepayment shall be allowed unless at the time of such proposed prepayment the amount of Maximum Special Tax for Facilities that may be levied on Taxable Property within CFD No 2006 1 (IA No 1) (after excluding 25 1 Acres of Property Owner Association Property and/or Public Property in CFD No 2006 1 (IA No 1) as set forth in Section E) both prior to and after the proposed prepayment is at least equal to the sum of (i) the Administrative Expenses as defined in Section A above and (n) 1 10 times maximum annual debt service in each remaining Fiscal Year on the Outstanding Bonds 2 Prepayment in Part The Special Tax for Facilities on an Assessor s Parcel of Developed Property or an Assessor s Parcel of Undeveloped Property for which a building permit has been issued may be partially prepaid The amount of the prepayment shall be calculated as in Section G 1 except that a partial prepayment shall be calculated according to the following formula PP = [(PE— A) xF] +A These terms have the following meaning PP = the partial prepayment PE = the Special Tax for Facilities Prepayment Amount calculated according to Section G 1 F = the percentage expressed as a decimal by which the owner of the Assessor s Parcel is partially prepaying the Special Tax for Facilities A = the Administrative Fees and Expenses calculated according to Section G 1 The owner of any Assessors Parcel who desires such prepayment shall notify the CFD Administrator of such owner s intent to partially prepay the Special Tax for Facilities and the percentage by which the Special Tax for Facilities shall be prepaid The CFD Admimstrator shall provide the owner with a statement of the amount required for the partial prepayment of the Special Tax for Facilities for an Assessor s Parcel within 30 days of the request and may charge a reasonable fee for providing this service With respect to any Assessors Parcel that is partially prepaid the City Council shall (1) distribute the funds remitted to it according to Section G 1 and (u) indicate in the records of CFD No 2006 1 (IA No 1) that there has been a partial prepayment of the Special Tax for Facilities and that a portion of the Special Tax for Facilities with respect to such Assessor s Parcel equal to the outstanding percentage (1 00 F) of the remaining Maximum Special Tax for Facilities shall continue to be levied on such Assessor s Parcel pursuant to Section D above City of Lake Elsinore Community Facilities District No 2006 1 January 16 2006 Improvement Area No I (Summerly) Page 16 Agenda Item No Page �� of A. H TERM OF SPECIAL TAX FOR FACILITIES The Special Tax for Facilities shall be levied for a period not to exceed forty years commencing with Fiscal Year 2006 2007 provided however that the Special Tax for Facilities will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (r) that all required interest and principal payments on the CFD No 2006 1 (IA No 1) Bonds have been paid (n) all Authorized Facilities have been acquired and all reimbursements to the developer have been paid and (iii) all other obligations of CFD No 2006 1 (IA No 1) have been satisfied SPECIAL TAX FOR SERVICES The following additional definitions apply to this Section I "Developed Multifamily Unit" means a residential dwelling unit within a building in which each of the individual dwelling units has or shall have at least one common wall with another dwelling unit and a building permit has been issued by the City for such dwelling unit on or prior to May 1 preceding the Fiscal Year in which the Special Tax for Services is being levied "Developed Single Family Unit" means a residential dwelling unit other than a Developed Multifamily Unit on an Assessor s Parcel for which a building permit has been issued by the City on or prior to May 1 preceding the Fiscal Year in which the Special Tax for Services is being levied "Maximum Special Tax for Services" means the maximum Special Tax for Services that can be levied by CFD No 2006 1 (IA No 1) in any Fiscal Year on any Assessor s Parcel "Operating Fund" means a fund that shall be maintained for CFD No 2006 1 (IA No 1) for any Fiscal Year to pay for the actual costs of maintenance related to the Service Area and the applicable Administrative Expenses "Operating Fund Balance" means the amount of funds in the Operating Fund at the end of the preceding Fiscal Year "Service Area" means parks open space and storm drains "Special Tax for Services" means any of the special taxes authorized to be levied within CFD No 2006 1 (IA No 1) pursuant to the Act to fund the Special Tax Requirement for Services City of Lake Elsinore Community Facilities District No 2006 1 January 16 2006 Improvement Area No I (Summerty) page 17 Agenda Item No 2I Page -<% of 3 d "Special Tax Requirement for Services" means the amount determined in any Fiscal Year for CFD No 2006 1 (IA No 1) equal to (i) the budgeted costs directly related to the Service Area including maintenance repair and replacement of certain components of the Service Area which have been accepted and maintained or are reasonably expected to be accepted and maintained during the current Fiscal Year (u) pay a proportionate share of Administrative Expenses and (in) anticipated Special Tax for Services delinquencies based on the delinquency rate for the Special Tax for Services levy in CFD No 2006 1 (IA No 1) for the previous Fiscal Year less (iv) the Operating Fund Balance as determined by the CFD Administrator 1 Rate and Method of Apportionment of the Special Tax for Services Commencing with Fiscal Year 2006 2007 and for each subsequent Fiscal Year the City Council shall levy the Special Tax for Services on (1) all Assessor s Parcels containing a Developed Single Family Unit or Developed Multifamily Unit and (u) all Assessor s Parcels of Non Residential Property up to the applicable Maximum Special Tax for Services to fund the Special Tax Requirement for Services The Maximum Special Tax for Services for Fiscal Year 2006 2007 shall be $246 84 per Developed Single Family Unit $123 42 per Developed Multifamily Unit and $555 90 per Acre for each Assessor s Parcel of Non Residential Property On each July 1 commencing July 1 2007 the Maximum Special Tax for Services shall be increased by two percent (2 00 %) of the amount in effect in the prior Fiscal Year 2 Duration of the Special Tax for Services The Special Tax for Services shall be levied in perpetuity to fund the Special Tax Requirement for Services unless no longer required as determined at the sole discretion of the City Council 3 Collection of the Special Tax for Services The Special Tax for Services shall be collected in the same manner and at the same time as ordinary ad valorem property taxes provided however that CFD No 2006 1 (IA No 1) may collect the Special Tax for Services at a different time or in a different manner if necessary to meet its funding requirements City of Lake Elsinore Community Facilities District No 2006 1 January 16 2006 Improvement Area No 1 (Summerly) Page 18 Agenda Item No 2 � Page ,,?7 of 3 J APPEALS AND INTERPRETATIONS Any landowner or resident who feels that the amount of the Special Tax levied on their Assessor s Parcel is in error may submit a written appeal to CFD No 2006 1 (IA No 1) The CFD Administrator shall review the appeal and if the CFD Administrator concurs the amount of the Special Tax levied shall be appropriately modified The City Council may interpret this Rate and Method of Apportionment for purposes of clarifying any ambiguity and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals Any decision of the City Council shall be final and binding as to all persons City of Lake Elsinore Community Facilities District No 2006 1 January 16 2006 Improvement Area No I (Summerly) Page 19 Agenda Item No -21 Page 2g of 3t. EXHIBIT A CERTIFICATE TO AMEND SPECIAL TAX FOR FACILITIES Agenda Item No 21 Page a9 of.0 CITY OF LAKE ELSINORE AND CFD No 2006 1 (IA No 1) CERTIFICATE 1 Pursuant to Section C of the Rate and Method of Apportionment the City of Lake Elsinore and City of Lake Elsinore Community Facilities District No 2006 1 ( CFD No 2006 1 (IA No 1) ) hereby agree to a reduction in the Assigned Special Tax for Facilities for Developed Property and the Backup Special Tax for Facilities attributable to a Final Subdivision within CFD No 2006 1 (IA No 1) (a) The information in Table 1 relating to the Assigned Special Tax for Facilities for Developed Property within CFD No 2006 1 (IA No 1) shall be modified as follows Land Use Class ,3 IT Description A ' , w ! � , 3 Residential Floor Area , Assigned Special Tax for Faiihties 1 Residential Property More than 3 649 sq ft $_ per uni 2 Residential Property 3 350 — 3 649 sq ft $ per uni 3 Residential Property 3 050 — 3 349 sq ft $_ per uni 4 Residential Property 2 750 — 3 049 sq ft $ per uni 5 Residential Property 2 450 — 2 749 sq ft $_ per uni 6 Residential Property 2 150 — 2 449 sq ft $ per uni 7 Residential Property Less than 2 150 sq ft $_ per uni 8 Non Residential Property NA $_ per Acr (b) The Backup Special Tax for Facilities attributable to a Final Subdivision within CFD No 2006 1 (IA No 1) as stated in Section C 1 (c) shall be reduced from $18 348 per Acre to $ per Acre (c) The Maximum Special Tax for Facilities for Taxable Property Owner Association Property Taxable Public Property and Undeveloped Property within CFD No 2006 1 (IA No 1) as stated in Section C 2 shall be reduced from $18 348 per Acre to $ per Acre 2 The Special Tax for Facilities may only be modified prior to the first issuance of CFD No 2006 1 (IA No 1) Bonds 3 Upon execution of the Certificate by the City of Lake Elsinore and landowner(s) the City shall cause an amended notice of Special Tax lien for CFD No 2006 1 (IA No 1) to be recorded reflecting the modifications set forth herein By execution hereof the undersigned acknowledges on behalf of the City of Lake Elsinore and CFD No 2006 1 (IA No 1) receipt of this Certificate and modification of the Rate and Method of Apportionment as set forth in this Certificate CITY OF LAKE ELSINORE By Date CFD Administrator Landowner(s) 0 Date Agenda Item No _ 1 Page -,;?v of 3 RESOLUTION NO 2007 -l-5-1_ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO 2006 -1 (SUMMERLY), CALLING A SPECIAL ELECTION WHEREAS, the City Council (the Council') of the City of Lake Elsinore (the City ) has previously established the City of Lake Elsinore Community Facilities District No 2006 1 (Summerly) (the `CFD ) and designated areas within the CFD as Improvement Area No 1, Improvement Area No 2 and Improvement Area No 3, all pursuant to the Mello -Roos Community Facilities Act of 1982, as amended (the Act ) and WHEREAS the Council has heretofore adopted Resolution No 2007 136 ( Resolution of Intention ) stating its intention to annex certain property (the Annex Area ) into Improvement Area No 1, and WHEREAS, on August 28 2007, this Council held a noticed hearing as required by law relative to the proposed annexation of the Annex Area into Improvement Area No 1, and WHEREAS, this Council adopted its Resolution No 2007 — determining the validity of prior proceedings relating to such annexation and annexed the Annex Area into Improvement Area No 1, and WHEREAS, this Council desires to present to the qulaified electors of the Annex Area a proposition to levy special taxes on property within the Annex Area NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS SECTION 1 The above recitals are true and correct SECTION 2 Pursuant to Section 53339 7 of the Act, the Council hereby determines to submit to the qualified electors of the Annex Area a proposition (the Services Proposition ) to levy special taxes on property within the Annex Area in Agenda Item No Page 31 of �� CITY COUNCIL RESOLUTION NO 2007 - PAGE 2 OF 3 accordance with the rate and method of apportionment specified in the Resolution of Intention The form of the Services Proposition is attached as Exhibit `A SECTION 3 Pursuant to Section 53339 7 of the Act the Council hereby deternimes to submit to the qualified electors of the Annex Area a proposition (the Facilities Proposition ") to levy special taxes on property within the Annex Area in accordance with the rate and method of apportionment specified in the Resolution of Intention The form of the Facilities Proposition is attached as Exhibit "B SECTION 4 A special election is hereby called for the Annex Area on the Services Proposition set forth in Section 2 above SECTION 5 A special election is hereby called for the Annex Area on the Facilities Proposition set forth in Section 3 above SECTION 6 All time limits specified in the Act or requirements pertaining to the conduct of the election having been waived by the qualified electors, the date of the special election for the Annex Area on the Services Proposition and the Facilities Proposition shall be on the 28`h day of August 2007 There being no registered voters residing within the territory of the Annex Area at the time of the protest hearing and ninety (90) days prior thereto, there being only one landowner in the Annex Area, and the requirements of Section 53326 of the Government Code having been waived by the landowners, the ballot for the special election shall be hand delivered or mailed to the landowner within the Annex Area The voter ballot shall be returned to the Intenm City Clerk at 130 S Main Street, Lake Elsinore, California 92530, no later than 11 00 o clock p in on August 28, 2007 However, the election may be closed within the concurrence of the Acting City Clerk, as soon as the ballot is returned SECTION 7 Notice of said election and written argument for or against the measure have been waived by the landowners SECTION 8 The Annex Area shall constitute a single election precinct for the purpose of holding said special election SECTION 9 The Council hereby directs that the special election be conducted by the Intenm City Clerk, as the elections official Agenda Item No 2 Page 3—,> of CITY COUNCIL RESOLUTION NO 2007 - PAGE 3 OF 3 SECTION 10 This Resolution shall take effect from and after the date of its passage and adoption PASSED, APPROVED AND ADOPTED this 28th day of August 2007 AYES COUNCILMEMBERS NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS ATTEST Michelle Soto, Interim City Clerk City of Lake Elsinore APPROVED AS TO FORM Barbara Zeid Leibold, City Attorney City of Lake Elsinore Robert E Magee, Mayor City of Lake Elsinore Agenda Item No —- Page -33 of �0 EXHIBIT A OFFICIAL BALLOT CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO 2006 1 (SUMMERLY) ANNEX AREA OF IMPROVEMENT AREA NO 1 SERVICES SPECIAL TAX ELECTION August 28 2007 To vote mark an X in the voting square after the word YES or after the word NO All marks otherwise made are forbidden This ballot is provided to Laing CP Lake Elsinore LLC as owner or authorized representative of such owner of land within the Annex Area of Improvement Area No 1 of the City of Lake Elsinore Community Facilities District No 2006 1 (Summerly) and represents votes If you wrongly mark tear or deface this ballot return it to the Interim City Clerk of the City of Lake Elsinore at 130 S Main Street Lake Elsinore California 92530 PROPOSITION Shall City of Lake Elsinore Community Facilities District No 2006 1 (Summerly) subject to the accountability measures provided for in Resolution No 2006 30 be authorized to levy special taxes pursuant to the rate and method of apportionment of special taxes set forth in Exhibit A of Resolution No 2007 136 (the Resolution of Intention to Annex ) to finance the authorized services and administrative expenses as provided for in the Resolution of Intention to Annex9 YES NO Agenda Item No Z� \ Page 3� of�3p EXHIBIT B OFFICIAL BALLOT CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO 2006 1 (SUMMERLY) ANNEX AREA OF IMPROVEMENT AREA NO 1 SPECIAL TAX ELECTION August 28 2007 To vote mark an X in the voting square after the word YES or after the word NO All marks otherwise made are forbidden This ballot is provided to Laing CP Lake Elsinore LLC as owner or authorized representative of such owner of land within the Annex Area of Improvement Area No 1 of the City of Lake Elsinore Community Facilities District No 2006 1 (Summerly) and represents votes If you wrongly mark tear or deface this ballot return it to the Interim City Clerk of the City of Lake Elsinore at 130 S Main Street Lake Elsinore California 92530 PROPOSITION Shall City of Lake Elsinore Community Facilities District No 2006 1 (Summerly) subject to the accountability measures provided for in Resolution No 2006 30 be authorized to levy special taxes pursuant to the rate and method of apportionment of special taxes set forth in Exhibit A of Resolution No 2007 136 (the Resolution of Intention to Annex ) to pay the principal of and interest on such indebtedness and bonds and to otherwise finance the Facilities (as defined in the Resolution of Intention to Annex)? YES IMS Agenda Item No Page 35 o3 RESOLUTION NO 2007- 1 (00 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CANVASSING THE RESULTS OF THE SPECIAL ELECTION HELD WITHIN THE ANNEX AREA OF IMPROVEMENT AREA NO 1 OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO 2006 -1 (SUMMERLY) WHEREAS, the City Council (the "Council ) of the City of Lake Elsinore (the City ) has previously established the City of Lake Elsinore Community Facilities District No 2006 1 (Summerly) (the CFD ) and designated areas within the CFD as Improvement Area No 1, Improvement Area No 2 and Improvement Area No 3, all pursuant to the Mello Roos Community Facilities Act of 1982, as amended (the Act ), and WHEREAS, the Council has previously conducted proceedings pertaining to the annexation of certain property (the Annex Area ) into Improvement Area No 1, the rate and method of apportionment for the levy and collection of special taxes (the "Services Special Tax ) to finance a portion of the cost of providing parks, open space and storm drain maintenance services, and the rate and method of apportionment for the levy and collection of special taxes (the Special Tax ) to pay the principal and interest on bonds issued or other debt or facilities, and the calling of an election in regard to the foregoing, and WHEREAS, on August 28, 2007 a special election was held within the Annex Area relative to the rate and method of apportionment of the Services Special Tax and the rate and method of apportionment of the Special Tax, and WHEREAS, at such special election the proposal for the rate and method of apportionment and manner of collection of the Services Special Tax and the proposal for the rate and method of apportionment and manner of collection of the Special Tax was approved by the requisite 2/3 of the votes cast by qualified electors of the Annex Area Agenda Item No 2-1 Page 36 of 36 CITY COUNCIL RESOLUTION NO 2007-. PAGE 2 OF 3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS SECTION 1 It is hereby determined that the special election conducted within the Annex Area was duly and validly conducted SECTION 2 The Council, acting as the legislative body of the CFD, is authorized to levy the Services Special Tax, as specified in Resolution No 2007 136 adopted by the Council on July 24, 2007 SECTION 3 The Council, acting as the legislative body of the CFD, is authorized to levy the Special Tax, as specified in Resolution No 2007 -136 adopted by the Council on July 24, 2007 SECTION 4 The Interim City Clerk is hereby directed and authorized to record a Notice of Special Tax Lien pursuant to Section 3117 5 of the California Streets and Highways Code SECTION 5 The Interim City Clerk is hereby directed and authorized to record a Notice of Cessation of Special Tax pursuant to Section 53330 5 of the Act extinguishing the levy of special taxes within the Annex Area relating to Improvement Area No 2 of the CFD SECTION 6 This Resolution shall take effect from and after the date of its passage and adoption Agenda Item No Z Page 3/ of 3K CITY COUNCIL RESOLUTION NO 2007 - PAGE 3 OF 3 PASSED, APPROVED AND ADOPTED this 28th day of August 2007 AYES COUNCILMEMBERS NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS ATTEST Michelle Soto, Interim City Clerk City of Lake Elsinore APPROVED AS TO FORM Barbara Zeid Leibold City Attorney City of Lake Elsinore Robert E Magee, Mayor City of Lake Elsinore Agenda Item No 2— Page J o of —3o ORDINANCE NO 1228 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING RAMSGATE SPECIFIC PLAN NO 89 -1 SIXTH REVISION (SPA6) WHEREAS, the Shopoff Group filed an application with the City of Lake Elsinore to amend the Ramsgate Specific Plan No 89 -1 with a Sixth Revision (the "Specific Plan Amendment'), and WHEREAS, Government Code Section 65453(a) states that a specific plan shall be amended in the same manner as a general plan except that a specific plan may be adopted by resolution or by ordinance and may be amended as often as deemed necessary by the legislative body, and WHEREAS, it is the policy of Lake Elsinore that Specific Plans serve as zoning mechanisms and specific plan amendments shall be approved by ordinance of the City Council and WHEREAS, after considering the Specific Plan Amendment at a regular meeting held on July 17 2007, the Planning Commission of the City of Lake Elsinore recommended that the City Council approve Ramsgate Specific Plan No 89 1 Sixth Revision, and WHEREAS, public notice of the Specific Plan Amendment has been given, and the City Council has considered the Planning Commission's recommendation and evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on August 14, 2007 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS SECTION 1 The City Council has considered the proposed Specific Plan Amendment prior to making a decision The City Council finds and determines that the proposed Specific Plan Amendment is consistent with the goals and policies of the Lake Elsinore General Plan and the Lake Elsinore Municipal Code SECTION 2 That in accordance with State Planning and Zoning Law and Chapter 17 99 of the Lake Elsinore Municipal Code, the City Council makes the following findings for approval of the Specific Plan Amendment AGENDA @ T C NO 3j, PAGE ® OF ORDINANCE NO 1228 PAGE 2 OF 5 1 The location and design of the proposed development is consistent with the goals and policies of the City s General Plan and with any other applicable plan or policies adopted by the City, or in the process of being prepared and adopted The General Plan supports the development of the Ramsgate Specific Plan The Specific Plan Amendment adds acreage that is contiguous to the City s southern boundary into this planning area The proposed Specific Plan Amendment has been reviewed and conditioned to enhance and update the previous revisions to the Ramsgate Specific Plan The proposed Specific Plan Amendment has been designed to support the objectives of the Multi- Species Habitat Conservation Plan adopted by the City by preserving habitat areas identified in the Conservation Plan The Specific Plan Amendment has been considered and accounted for in the Draft General Plan Update The Specific Plan Amendment is consistent with proposed land uses on its western boundary 2 The proposed location allows the development to be well integrated with or adequately buffered from its surroundings, whichever may be the case The Specific Plan Amendment provides for the development of low density residential in proposed Tentative Tract Map No 32537 which is an extension of the single-family detached residential neighborhoods adjacent to the west and under construction to the east Development standards for a 4 600 square foot product line in Tentative Tract Map No 35422 are proposed as part of the Specific Plan Amendment A lot of this size is more compatible with the higher density residential light industrial and commercial land uses proposed for properties to the west in the City s General Plan Update 3 All vehicular traffic generated by the development, either in phased increments or at full build -out is to be accommodated safely and without causing undue congestion upon adjoining streets A Traffic Impact Analysis (TIA) was prepared by Urban Crossroads in January 2007 The results of the TIA revealed that the proposed TTM 32537 would generate 699 daily trips (55 a m peak hour trips and 74 p in peak AGENDA ITEM NO 3I PAGES OF S ORDINANCE NO 1228 PAGE 3 OF 5 hour traps) and that the proposed TTM 35422 would generate 1924 daily traps (151 a m peak hour traps and 203p in peak hour traps) The City of Lake Elsinore General Plan states that the objective of the City is to strive to maintain a minimum Level of Service C at all intersections during non peak hours and Level of Service (LOS) D at all intersections during peak hours to ensure that traffic delays are kept to a minimum With the incorporation of mitigation measures in the Mitigation Monitoring and Reporting Program the project will meet LOS D objective 4 The Final Specific Plan shall Identify a methodology to allow land uses to be adequately serviced by existing or proposed public facilities and services The Specific Plan Amendment has been reviewed and conditioned to provide adequate public services to support the anticipated development In addition recreational amenities pedestrian pathways and open space for residents in the two proposed tract maps is required by the Specific Plan Amendment 5 The overall design of the Specific Plan shall produce an attractive, efficient and stable development The Specific Plan Amendment will allow the construction of single family neighborhoods in the western portion of the Plan with parks amenities and primary and secondary access 6 In accordance with the requirements of the California Environmental Quality Act (CEQA), Impacts have been reduced to a less than significant level through adoption of mitigation measures, the Mitigation and Monitoring Program, and conditions of approval SECTION 3 Based upon all of the evidence presented, both written and testimonial the above findings, and the conditions of approval Imposed upon the Project the City Council hereby adopts an Ordinance amending the Ramsgate Specific Plan for a sixth revision SECTION 4 If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held Invalid, such Invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable AGENDA ITEM NO 31 PAGES OF ORDINANCE NO 1228 PAGE 4 OF 5 SECTION 5 This Ordinance shall take effect thirty (30) days after the date of Its final passage The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law INTRODUCED AND APPROVED UPON FIRST READING this 14'h day of August, 2007, by the following roll call vote AYES COUNCILMEMBERS HICKMAN, KELLEY SCHIFFNER NOES COUNCILMEMBERS MAGEE ABSENT COUNCILMEMBERS BUCKLEY ABSTAIN COUNCILMEMBERS NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 28'h day of August, 2007, upon the following roll call 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 AGENDA ITEM NO r7 PAGE 4j_ OF ORDINANCE NO 1228 PAGE 5 OF 5 APPROVED AS TO FORM Barbara Zeid Leibold, City Attorney City of Lake Elsinore (SEAL) AGENDA ITEM NO PAGE _,57 3 OF _` ORDINANCE NO 1229 ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PRE - ANNEXATION ZONE CHANGE NO 2007 -01 WHEREAS, the Shopoff Group has submitted an application with the City of Lake Elsinore to Pre -Zone 75 1 acres of land proposed for annexation into the City of Lake Elsinore located south of State Route 74 (Central Avenue), north of Wasson Canyon, west of Rosetta Canyon Drive, and east of Cambern and Conard Avenues (APNs 347 - 330 -001, -002, -022, -023, 065, 067 through -074, 347 -360- 001 and 002, 377 -100 006, -009 and -010 the "Property ") which will change the City's official zoning map and designate the Property as Ramsgate SP (the "Pre Zone "), and WHEREAS, Government Code Section 56375 indicates that as a condition to annexation, a city shall pre zone the territory to be annexed or present evidence satisfactory to the Local Agency Formation Commission ( "LAFCO ") that the existing development entitlements on the territory are vested or built -out, and are consistent with the city's general plan and WHEREAS, the Pre -Zone conforms to and is consistent with the proposed General Plan Amendment No 2007 -01 for the Property, and WHEREAS, after considering the Pre Zone at a regular meeting held on July 17, 2007 the Planning Commission of the City of Lake Elsinore recommended that the City Council approve Pre - Annexation Zone Change No 2007 01, and WHEREAS, public notice of the Pre Zone has been given, and the City Council has considered the Planning Commission's recommendation and evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on August 14, 2007 NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS SECTION 1 The City Council has considered the proposed Pre -Zone prior to making a decision to approve Pre - Annexation Zone Change No 2007 -01 SECTION 2 That in accordance with the Cortese Knox Hertzberg Local Government Reorganization Act of 2000 the State Planning and Zoning Law, and AGENDA ITEM NO �---- Pfarir y ORDINANCE NO 1229 PAGE 2 OF 4 the Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Pre - Annexation Zone Change No 2007 -01 1 The proposed zone change will not be a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed zone change or within the City, or b) injurious to the property or improvements in the neighborhood or within the City The proposed Pre -Zone has been analyzed relative to its potential to have detrimental effects It has been determined that the health safety and welfare of surrounding residents may be improved as a result of future improvements to infrastructure such as water sewer paving and drainage facilities brought to the site as a requirement of any future development The proposed Ramsgate SP zoning will ensure that development standards and design guidelines of the specific plan will be consistently applied throughout the site 2 The proposed zone change will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties The proposed zoning of Ramsgate SP will allow for the continuation of the single family residential neighborhoods that already exist or are under construction to the east 3 The proposed zone change would establish a land use density and usage more in character with the subject property's location, access, and constraints The zone change proposes a boundary adjustment to allow for an integration of the Property with the adjacent Ramsgate Specific Plan The zone change allows for the development of the Property in accordance with proposed Tentative Tract Map Nos 32537 and 35422 which provide a 5 6 acre park and two small pocket parks walking trails water basins and open space lots SECTION 3 Based upon all of the evidence presented both written and testimonial, the above findings, and the conditions of approval imposed upon the Project, the City Council approves Pre - Annexation Zone Change No 2007 -01 AGENDA ITEM NO L;1 PAGE �2_ OF 4 ORDINANCE NO 1229 PAGE 3 OF 4 SECTION 4 If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable SECTION 5 This Ordinance shall take effect thirty (30) days after the date of its final passage The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law INTRODUCED AND APPROVED UPON FIRST READING this 14`h day of August 2007, by the following vote AYES COUNCILMEMBERS BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES COUNCILMEMBERS NONE ABSENT COUNCILMEMBERS NONE ABSTAIN COUNCILMEMBERS NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 28`x' day of August 2007, upon the following roll call vote AYES COUNCILMEMBERS NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS Robert E Magee, Mayor City of Lake Elsinore AGENDA ITEM NO a)L PAGES OF 4 ORDINANCE NO 1229 PAGE 4 OF 4 ATTEST Michelle Soto, Interim City Clerk City of Lake Elsinore APPROVED AS TO FORM Barbara Zeid Leibold, City Attorney City of Lake Elsinore (SEAL) AGENDA ITEM NO 3;- PAGF,�_ OF 4 ORDINANCE NO 1230 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 5 46 TO THE LAKE ELSINORE MUNICIPAL CODE REGARDING THE LICENSURE OF TOBACCO RETAILERS WHEREAS, Minors obtain cigarettes and other tobacco products at alarming rates Each year, an estimated 924 million packs of cigarettes are consumed by minors 12 to 17 years of age, yielchng the tobacco industry $480 million in profits from underage smokers nationwide In Riverside County 10 000 teens light up for the first time and purchase 5 million packs of cigarettes a year, and WHEREAS, In a 2004 California youth - buying survey, 12% of retailers surveyed unlawfully sold tobacco product to minors and WHEREAS, The rate of tobacco sales to minors in Riverside County is one of the highest in the State at 44 %, and WHEREAS, 88% of adults who have ever smoked tried their first cigarette by the age of 18, and the average age at which smokers try their first cigarette is 14' /z, and WHEREAS, A requirement for a tobacco retailer license will not unduly burden legitimate business activities of retailers who sell or distribute cigarettes or other tobacco products to adults It will, however, allow the City to regulate the operation of lawful businesses to discourage violations of federal, state and local tobacco - related laws, and WHEREAS, 65% of California s key opinion leaders surveyed support implementation of tobacco licensing requirements, and WHEREAS, the City of Lake Elsinore has a substantial interest in promoting compliance with federal, state, and local laws intended to regulate tobacco sales and use, in discouraging the illegal purchase of tobacco products by minors in promoting compliance with laws prohibiting sales of cigarettes and tobacco products to minors and finally and most importantly in protecting children from being lured into illegal activity through the misconduct of adults and AGENDA ITEM NO _e.? _- PAGE OF LS CITY COUNCIL ORDINANCE NO 1230 PAGE 2 OF 13 WHEREAS, It is the intent of this Ordinance to encourage responsible tobacco retailing and to discourage violations of tobacco related laws, especially those that prohibit or discourage the sale or distribution of tobacco products to minors but not to expand or reduce the degree to which the acts regulated by federal or state law are criminally proscribed or to alter the penalty provided therefor NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS SECTION 1 That Chapter 5 46 of the Lake Elsinore Municipal Code be added as follows Chapter 5 46 TOBACCO RETAILERS 5 46 010 Definitions For the purposes of this Ordinance, the following words and terms shall have the following meanings "Arm's Length Transaction" means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties neither under any compulsion to participate in the transaction A sale between relatives related companies or partners or a sale for the primary purpose of avoiding the effect of the violations of this Ordinance is presumed not to be an Arm s Length Transaction "Department" means any City department designated to administer and/or enforce the provisions of this Chapter or, if so designated by the City Manager the Riverside County Department of Health and Human Services or other County department "Person" means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee or any other legal entity AGENDA ITEM t O �33 PAGE ;- OF3 CITY COUNCIL ORDINANCE NO 1230 PAGE 3 OF 13 "Proprietor means a Person with an ownership or managerial interest in a business An ownership interest shall be deemed to exist when a Person has a ten percent (10 %) or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt A managerial interest shall be deemed to exist when a Person can or does have, or can or does share, ultimate control over the day to day operations of a business "Self- Service Display" means the open display of Tobacco Products or Tobacco Paraphernalia in a manner that is accessible to the general public without the assistance of the retailer or employee of the retailer A Vending Machine is a form of Self- Service Display "Smoking" means possessing a lighted Tobacco Product, Tobacco Paraphernalia, or any other weed or plant (including a lighted pipe, lighted cigar, or lighted cigarette of any kind), the lighting of a Tobacco Product, Tobacco Paraphernalia, or any other weed or plant (including a pipe, cigar or cigarette of any kind) "Tobacco Paraphernalia" means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking, preparation, storing, or consumption of Tobacco Products "Tobacco Product' means (1) any substance containing tobacco leaf including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco bides, or any other preparation of tobacco, and (2) any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body but does not include any product specifically approved by the Federal Food and Drug Administration for use in treating nicotine or tobacco product dependence Tobacco Retailer means any Person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, Tobacco Products, or Tobacco Paraphernalia Tobacco Retailing" shall mean the doing of any of these things This definition is without regard to the quantity AGENDA ITEM NO 3-!? PAGE 3 OF—il� CITY COUNCIL ORDINANCE NO 1230 PAGE 4 OF 13 of tobacco Tobacco Products, or Tobacco Paraphernalia sold, offered for sale, exchanged, or offered for exchange 5 46 020 Tobacco License Prerequisite, Application Process A It shall be unlawful for any Person to act as a Tobacco Retailer without first obtaining and maintaining a valid Tobacco Retailer's license pursuant to this Ordinance for each location at which that activity is to occur Tobacco Retailing without a valid Tobacco Retailer's license shall constitute a public nuisance B A Tobacco Retailer or Proprietor without a valid Tobacco Retailer license 1 Shall keep all Tobacco Products and Tobacco Paraphernalia from public view 2 Shall not display any advertisement relating to Tobacco Products or Tobacco Paraphernalia that promotes the sale or distribution of such products from the Tobacco Retailer's location or that would lead a reasonable consumer to believe that such products can be obtained at the Tobacco Retailer's location C Nothing in this Ordinance shall be construed to grant any Person obtaining and maintaining a Tobacco Retailer's license any status or right other than the right to act as a Tobacco Retailer at the location in the City identified on the face of the license For example, nothing in this Ordinance shall be construed to render inapplicable, supercede or apply in lieu of any other provision of applicable law including without limitation any condition or limitation on smoking in enclosed places of employment made applicable to business establishments by California Labor Code section 6404 5 D Application for a Tobacco Retailer's license shall be submitted in the name of each Proprietor proposing to conduct retail tobacco sales and shall be signed by each Proprietor or an authorized agent thereof It is the responsibility of each Proprietor to be informed of the laws affecting the issuance of a Tobacco Retailer's license A license that is issued in error or AGENDA ITEM //E�NO 3 PAGE _.1_ OF CITY COUNCIL ORDINANCE NO 1230 PAGE 5 OF 13 on the basis of false or misleading information supplied by a Proprietor shall be revoked pursuant to Section 5 46 080 D of this Ordinance E In addition to any other penalty under this Ordinance, a Person found to have engaged in Tobacco Retailing without a valid Tobacco Retailer's license shall be ineligible to apply for or be issued a Tobacco Retailing license according to the following 1 After a first violation for a Person within any sixty-month (60) period, no new license may issue for the Person as a Proprietor until thirty (30) days have passed from the date of last violation 2 After a second violation for a Person within any sixty- month (60) period, no new license may issue for the Person as a Proprietor until ninety (90) days have passed from the date of last violation 3 After three or more violations for a Person within any sixty-month (60) period no new license may issue for the Person as a Proprietor until five (5) years have passed from the date of last violation 4 Each day that a Person engages in Tobacco Retailing without a valid Tobacco Retailer's license shall constitute a separate violation F Tobacco Products and Tobacco Paraphernalia offered for sale or exchange in violation of this Ordinance are subject to seizure and forfeiture Forfeited Tobacco Products and Tobacco Paraphernalia shall be destroyed G All applications shall be submitted on a form supplied by the Department and shall contain the following information 1 The name, address, and telephone number of each Proprietor 2 The business name, address, and telephone number of the single fixed location for which a Tobacco Retailer s license is sought 3 The name and mailing address authorized by each Proprietor to receive all license- related communications and notices (the "Authorized Address ") If an Authorized Address is not supplied, each AGENDA ITEM NO _ 33 PAGE.. ®F i3 CITY COUNCIL ORDINANCE NO 1230 PAGE 6 OF 13 Proprietor shall be understood to consent to the provision of notice at the business address specified in subparagraph 2 above 4 Proof that the location for which a Tobacco Retailer's license is sought has been issued a valid state tobacco retailer's license by the California Board of Equalization 5 Whether or not any Proprietor is a Person who has been determined to have violated this Ordinance or has been a Proprietor at a location that has been determined to have violated this Ordinance and, if so, the dates and locations of all such violations 6 Such other information as the Department deems necessary for the administration or enforcement of this Ordinance 5 46 030 License Issuance, Standards A No license may issue to authorize Tobacco Retailing at other than a fixed location Tobacco Retailing by Persons on foot and Tobacco Retailing from vehicles are prohibited B Upon the receipt of an application for a Tobacco Retailers license and the license fee, the Department shall issue a license unless substantial record evidence demonstrates that one of the following bases for denial exists 1 The application is incomplete or maccurate 2 The application seeks authorization for Tobacco Retailing at a location for which a prohibition on issuing licenses is in effect pursuant to Section 5 46 080 B of this Ordinance However, this subparagraph shall not constitute a basis for denial of a license if the applicant provides the City with documentation demonstrating by clear and convincing evidence that the applicant has acquired or is acquiring the location or business in an Arm's Length Transaction 3 The application seeks authorization for Tobacco Retailing for a Proprietor for which a prohibition on issuing licenses is in effect pursuant to Section 5 46 080 E of this Ordinance AGENDA ITEM NO ?' 1 PAGE �P Or -- CITY COUNCIL ORDINANCE NO 1230 PAGE 7 OF 13 4 The application seeks authorization for Tobacco Retailing that is prohibited pursuant to Section 5 46 030 A of this Ordinance, that is unlawful pursuant to any other City Ordinance, or that is unlawful pursuant to any other local, state, or federal law 5 46 040 Licenses Nontransferable A Tobacco Retailer's license is nontransferable If the information required in the license application pursuant to Section 5 46 020 G 1, 2, or 3 changes, a new Tobacco Retailer's license is required before the business may continue to act as a Tobacco Retailer For example, if a Proprietor to whom a license has been issued changes business location, that Proprietor must apply for a new license prior to acting as a Tobacco Retailer at the new location Or if the business is sold, the new owner must apply for a license for that location before acting as a Tobacco Retailer B Notwithstanding any other provision of this Ordinance, violations accumulated against a location or business shall continue to be counted against the location or business unless the location or business has been transferred to a new Proprietor and the new Proprietor provides the City with documentation demonstrating by clear and convincing evidence that the new Proprietor has acquired or is acquiring the location or business in an Arm's Length Transaction 5 46 050 Fees For License A Tobacco Retailer's license is invalid unless the appropriate fee has been paid in full and the term of the license has not expired The term of a Tobacco Retailers license is one (1) year Each Tobacco Retailer shall apply for the renewal of his or her Tobacco Retailer's license no later than thirty (30) days prior to expiration of the term The Tobacco Retailer license shall be issued, administered and renewed as determined by the Department B The City Council may but shall not be required to, set a license fee for a tobacco retailer license If the City Council elects to enact a tobacco retailer license fee, the fee shall be set by City Council resolution based upon the costs to the city of administering and enforcing this Chapter Tobacco Retailers license shall not be issued until such time as the appropriate license fee has been paid in full AGENDA ITEM NO -!) 3 PAGE -_ OF 0 -- CITY COUNCIL ORDINANCE NO 1230 PAGE S OF 13 5 46 060 Other Requirements And Prohibitions A DISPLAY OF LICENSE Each license shall be prominently displayed in a publicly and readily visible location at the licensed location B POSITIVE IDENTIFICATION REQUIRED No Person shall engage in Tobacco Retailing without first examining the identification of the purchaser and, if the purchaser reasonably appears under the age of twenty - seven (27) years old confirming that the proposed sale is to a purchaser who is at least the minimum age under applicable state law for being sold the Tobacco Product or Tobacco Paraphernalia C MINIMUM AGE FOR PERSONS SELLING TOBACCO No Person shall engage in Tobacco Retailing if the Person is younger than the minimum age under applicable state law for being sold or for possessing any Tobacco Product D SELF - SERVICE DISPLAYS PROHIBITED No Person shall display Tobacco Products or Tobacco Paraphernalia by means of a Self - Service Display or to engage in Tobacco Retailing by means of a Self - Service Display A Tobacco Retailer who chooses to display Tobacco Products or Tobacco Paraphernalia in a locked cabinet, case or similar structure must post a clear and conspicuous sign on or within five feet of the display stating that the cabinet, case or structure is locked at all times 5 46 070 License Violation A VIOLATION OF TOBACCO - RELATED LAWS It shall be a violation of a Tobacco Retailer's license for a licensee, including his or her agent or employee, to violate any of the following laws 1 Any local, state, or federal tobacco - related law 2 Local state, or federal sign laws 3 Local state or federal laws restricting the age of purchase for any product AGENDA ITEM NO 3 3 PAGE g OF-13- CITY COUNCIL ORDINANCE NO 1230 PAGE 9 OF 13 B LICENSE COMPLIANCE MONITORING 1 Compliance with this Ordinance shall be monitored by the Department Any peace officer may enforce the penal provisions of this Ordinance 2 The Department may check the compliance of each Tobacco Retailer at any time during normal business hours and on such a regular basis as may be determined by the Department The Department shall endeavor to check compliance of each tobacco retailers at least three (3) times per twelve (12) month period 3 Compliance checks shall determine, at a minimum, if the Tobacco Retailer is conducting business in a manner that complies with tobacco laws regulating youth access to tobacco When appropriate the compliance checks shall determine compliance with other tobacco - related laws 4 The City shall not enforce any tobacco - related minimum- age law against a Person who otherwise might be in violation of such law because of the Person's age (hereinafter "Youth Decoy ) if the potential violation occurs when a the Youth Decoy is participating in a compliance check supervised by a peace officer or a code enforcement official, or b the Youth Decoy is participating in a compliance check funded in part, either directly or indirectly through sub - contracting, by the County Department of Health and Human Services or funded in part, either directly or indirectly through sub - contracting, by the California Department of Health Services C NO CONTEST PLEA A plea of no contest or its equivalent by a Tobacco Retailer for a violation of any law designated in subsection A above shall operate as an admission that this Ordinance has been violated for the purposes of license revocation 5 46 080 Revocation Of License A REVOCATION OF LICENSE FOR VIOLATION AGENDA ITEM NO 33 PACE OF -1'5- CITY COUNCIL ORDINANCE NO 1230 PAGE 10 OF 13 I In addition to any other penalty authorized by law, a Tobacco Retailer's license shall be revoked if the hearing officer, as designated by the City Manager, finds, after notice to the licensee and opportunity to be heard that the licensee, including his or her agents or employees, has violated any of the requirements, conditions, or prohibitions of this Ordinance (hereinafter "License Violation ") 2 3 For a first or second alleged License Violation within any sixty -month (60) period, the Department may engage in settlement negotiations and may enter into a settlement agreement with a Tobacco Retailer alleged to have violated this Ordinance without approval from the City Council Settlements shall not be confidential B NEW LICENSE AFTER REVOCATION FOR VIOLATION 1 After a first License Violation at a location within any sixty month (60) period no new license may issue for the location until ten (10) days have passed from the date of the last revocation or violation, whichever is later 2 After a second License Violation at a location within any sixty-month (60) period, no new license may issue for the location until thirty (30) days have passed from the date of the last revocation or violation whichever is later 3 After of a third License Violation at a location within any sixty month (60) period, no new license may issue for the location until ninety (90) days have passed from the date of the last revocation or violation, whichever is later 4 After four or more License Violations at a location within any sixty-month (60) period no new license may issue for the location until five (5) years have passed from the date of the last revocation or violation, whichever is later C EXPIRATION OF LICENSE A Tobacco Retailer's license that is not timely renewed pursuant to Section 5 46 050 shall expire at the end of its term To reinstate a license that has expired due to the failure to timely pay the renewal fee, the Proprietor must AGENDA ITEMf,NO X32 PAGE OF CITY COUNCIL ORDINANCE NO 1230 PAGE 11 OF 13 1 Submit the renewal fee plus a reinstatement fee of ten percent (10 %) of the renewal fee 2 Submit a signed affidavit affirming that the Proprietor has not sold any Tobacco Product or Tobacco Paraphernalia during any period that the license was expired D REVOCATION OF LICENSE ISSUED IN ERROR A Tobacco Retailer's license shall be revoked if the Department finds, after notice and opportunity to be heard, that one or more of the bases for denial of a license under Section 5 46 030 B existed at the time application was made or at anytime before the license issued The revocation shall be without prejudice to the filing of a new application for a license 5 46 090 Enforcement The remedies provided by this Ordinance are cumulative and in addition to any other remedies available at law or in equity A Whenever evidence of a violation of this Ordinance is obtained in part through the participation of a Person under the age of eighteen (18) years old, such a Person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this Ordinance and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented B Violations of this Ordinance are subject to a civil action brought by the District Attorney or City Attorney, punishable by 1 A fine not less than two hundred fifty dollars ($250) and not exceeding one thousand dollars ($1000) for a first violation in any sixty - month (60) period, or 2 A fine not less than one thousand five hundred dollars ($1,500) and not exceeding two thousand five hundred dollars ($2,500) for a second violation in any sixty month (60) period or 3 A fine not less than three thousand dollars ($3,000) and not exceeding ten thousand dollars ($10,000) for a third or subsequent violation in any sixty-month (60) period AGENDA ITEM NO ��3 PAGE ! !® OF—L&_ CITY COUNCIL ORDINANCE NO 1230 PAGE 12 OF 13 C Violations of this Ordinance may, in the discretion of the District Attorney or City Attorney, be prosecuted as infractions or misdemeanors D Causing, permitting, aiding, abetting or concealing a violation of any provision of this Ordinance shall constitute a violation E Violations of this Ordinance are hereby declared to be public nuisances F In addition to other remedies provided by this Ordinance or by other law any violation of this Ordinance may be remedied by a civil action brought by the City Attorney, including, but not limited to, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief SECTION 2 If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable SECTION 3 This Ordinance shall take effect thirty (30) days after the date of its final passage The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law INTRODUCED AND APPROVED UPON FIRST READING this 14'' day of August, 2007, upon the following roll call vote AYES COUNCILMEMBERS BUCKLEY, HICKMAN KELLEY, SCHIFFNER, MAGEE NOES COUNCILMEMBERS NONE ABSENT COUNCILMEMBERS NONE ABSTAIN COUNCILMEMBERS NONE AGENDA ITEM NO 33 PAGE J I OF-L-2L. CITY COUNCIL ORDINANCE NO 1230 PAGE 13 OF 13 PASSED, APPROVED AND ADOPTED UPON SECOND READING this 28'' day of August, 2007, upon the following roll call vote AYES COUNCILMEMBERS NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS ATTEST Michelle Soto, Interim City Clerk City of Lake Elsinore APPROVED AS TO FORM Barbara Zeid Leibold City Attorney City of Lake Elsinore Robert E Magee Mayor City of Lake Elsinore AGENDA ITEM NO 2- PAGE OF 13 CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT A BRADY, CITY MANAGER DATE AUGUST 28, 2007 SUBJECT RESPONSE TO 2006 -07 GRAND JURY REPORT ELSINORE VALLEY CEMETERY FLOOD CONTROL BACKGROUND On June 11 2007 the Riverside County Grand Jury issued a report regarding flooding at the Elsinore Valley Cemetery A copy of the report and Staffs response are attached and the full report is available in the City Clerks Office DISCUSSION In January 2005 heavy rains resulted in flooding to the Cemetery grounds The main conduit of stormwaters entering the Cemetery is via 15 pipes ranging from 36 44 inches in diameter installed under Interstate 15 by Caltrans The Elsinore Valley Cemetery District requested assistance from the City of Lake Elsinore, the Riverside County Flood Control District and Caltrans following the flooding The Grand Jury report criticizes the efforts of the public agencies and states that there was a lack of communications among public agencies along with inadequate funding for drainage improvements The attached response prepared by staff and the City Attorney s office is attached for City Council consideration The response acknowledges the need for and the City s commitment to effective communications among public agencies Here however the drainage improvements at issue are matters under Caltrans' and County Flood Control District s jurisdiction Consequently the City's ability to provide physical improvements was particularly restricted PAGE —L . OFe..0 REPORT TO CITY COUNCIL AUGUST 28, 2007 PAGE 2 OF 2 Despite the lack of formal jurisdiction the City Manager and/or the City Engineer attended several meetings in an effort to facilitate a physical solution to the flooding Recently, County Flood has begun the process of preparing plans for the necessary improvements and appears ready to give priority to this project FISCAL IMPACT None RECOMMENDATION That the City Council consider the draft response to the Grand Jury Report and advise staff as to any revisions for the response PREPARED BY DAVID H MANN, ASSISTANT CITY ATTORNEY APPROVED FOR AGENDA BY Attachments A Vicinity Map B Grand Jury Report C Responses A0194DA ITEM NO ` PAGE 2 OF STUDY FAT \ ♦ 4 - - --- - - AREA 4 - 1 I oi� 1 hl r j t r 1� ELSINORE VALLEY CEMETERY FLOOD CONTROL CITY OE ,,� CITY COUNCIL N CITY OF LAKE ELSINORE LAKE SLSIHOU AUGUST 28 2007 AC?WWA ITEM Nu —� DREAM EXTREME ` pAQE 3„_ OF IlJ t1 l s \ En m opreps dby Gy f L k El q EnJ go Apr 1 2001 DuS County fR rsq GIS Cry f k El ro GIS St pI AD 2006 -2007 GRAND JURY REPORT Elsinore Valley Cemetery District Flood Control Background The Elsinore Valley Cemetery was originally founded in 1896 The Elsinore Valley Cemetery District was formed on March 8 1926 The District Office is located at 18170 Collier Avenue Lake Elsinore CA 92530 where it maintains the 26 5 acre cemetery Currently the cemetery includes a 160 vault columbarium and space for approximately 2000 graves The cemetery averages 100 interments a year The Cemetery District serves an area of 96 square miles including all or part of the cities of Lake Elsinore Canyon Lake Perris and unincorporated areas in northern Wildomar Sedco Hills Lakeland Village Meadowbrook and Quail Valley (See Exhibit #1) The District is located within Riverside County Flood Control and Water Conservation District Zone 3 (Zone 3) (Exhibit #2) The budget of the Elsinore Valley Cemetery District for FY 2006 2007 is $668 000 General Reserve totals $666 100 Cemetery revenue sources include interment fees and income from Zone 3 property tax receipts The voters of Zone 3 approved Proposition F in 1986 authorizing the sale of 8 million dollars in bonds to finance flood mitigation improvements in the Lake Elsinore area Planning documents called for eleven specific priority projects including the Arroyo del Toro Channel which is in an area including the cemetery and subject to uncontrolled flooding Heavy rainfall in January 2005 coupled with a series of factors (e g previous filling of a retention basin paving of previously permeable soil and California Department of Transportation (CalTrans) lack of culvert maintenance and debris clearance) resulted in flooding of the cemetery i AGU DA ITEM NO PAGE `t' OF (O After floodwaters subsided the Agency (FEMA) unlike municipal substantial financial assistance to property Findings Federal Emergency Management and county agencies provided repair flood damage to cemetery 1 Elsinore Valley Cemetery District board members began an ongoing correspondence with their County Supervisor in August 2004 stating concerns regarding the failure of City and County authorities to address flood control issues in the cemetery area of the city Copies of these letters were sent to the Lake Elsinore City Council City and County officials took no documented responsive action to address the concerns of the cemetery district 2 Municipal county and state agencies (City of Lake Elsinore Riverside County Flood Control District and Caltrans) exhibited lack of interagency communication lack of coordination of responsibilities and a lack of cooperative corrective action concerning flood mitigation in the Arroyo del Toro area 3 Proposition F contained an allocation of monies for flood control mitigation in the Arroyo del Toro Channel area immediately adjacent to the Elsinore Valley Cemetery District During our investigation witnesses stated that the planners of the 1986 Lake Elsinore Flood Control Bond Issue by deliberately disregarding inflation substantially underestimated the cost of completing the project Of the eleven projects authorized only four were completed at twice the initial estimates for the entire bond issue Consequently 18 years later the taxpayers in Zone 3 are still paying for undelivered flood control improvements 2 AGEWA ITEM NO PACE -- 5 OF 10_ Recommendations Riverside County Board of Supervisors Riverside County Flood Control and Water Conservation District City of Lake Elsinore City Manager City Council City Planner & City Engineer 1 The Board of Supervisors (BOS) and the City of Lake Elsinore initiate procedures to ensure that complaints are answered in writing in a timely manner by the appropriate agency or official having direct responsibility 2 County and municipal elected officials develop and enforce policy requiring all agencies /departments subject to their control to communicate coordinate and cooperate in areas of mutual concern 3 BOS both identify and commit sufficient funds now or present Zone 3 voters with a bond issue initiative for their consideration to finish Arroyo Del Toro Channel Flood Control Project Any action must factor in inflation estimates Report Issued 06/11/07 Report Public 06/13/07 Response Due 09/10/07 3 AGEMA ITEM NO o PAGE 9 OF_Lc . r u F3 a O r L E Ie V 0 W T Y_ L K W 4 ACO DA ITEM NO PAGE 7 _-- OF 10 to CITY OF LAKE ELSINORE S RESPONSE TO GRAND JURY FINDINGS AND RECOMMENDATIONS FINDING No 1 Elsinore Valley Cemetery District board members began an ongoing correspondence with their County Supervisor in August 2004 stating concerns regarding the failure of City and County authorities to address flood control issues in the cemetery area of the city Copies of these letters were sent to the Lake Elsinore City Council City and County officials took no documented responsive action to address the concerns of the cemetery district RESPONSE As the Grand Jury is aware the Cemetery lies within Zone 3 of the Riverside County Flood Control and Water Conservation District ( Riverside County Flood Control ) Accordingly drainage issues affecting the Cemetery fall within the province of a public agency over which the City has no junsdiction —Riverside County Flood Control Additionally the primary conveyance of storm waters into the Cemetery is by way of 15 Caltrans installed pipes whose diameter ranges in size from 36 to 44 mchs Again the City does not have Jurisdiction over State agencies such as Caltrans Despite the inherent limitation on the City s ability to control the actions of other public agencies operating within the City we recognize that the City is the most visible public entity entrusted with preserving public safety in this community In meetings with Riverside County Flood Control and Caltrans City representatives urged a more dedicated response to the ongoing drainage problems and committed funds to aid in the financing of the improvements Ultimately the combined efforts of all parties led to Riverside County Flood Control s recent decision to begin processing plans for the necessary flood control improvements FINDING No 2 Municipal county and state agencies (City of Lake Elsinore Riverside County Flood Control District and Caltrans) exhibited lack of interagency communication lack of coordination of responsibilities and a lack of cooperative corrective action concerning flood mitigation in the Arroyo del Toro area RESPONSE The City recognizes that maintaining excellent communications with other governmental agencies is vital to carrying out the City s mission However we respectfully disagree with the Grand Jury s finding that there was a lack of interagency communications Instead the problem was a demonstrable lack of funding to complete the necessary improvements As noted by the Grand Jury Proposition F did not provide adequate funding Riverside County Flood Control was left with the difficult task of prioritizing projects based on immediate need and the potential risks to public safety Fortunately additional funding is now available and Riverside County Flood Control is in the process of approving plans for the necessary flood control improvements FINDING No 3 Proposition F contained an allocation ofmoniesfor flood control mitigation in the Arroyo del Toro Channel area immediately adjacent to the Elsinore Valley Cemetery District During our investigation witnesses stated that the planners ofthe 1986 Lake Elsinore Flood Control Bond Issue by deliberately disregarding inflation substantially underestimated the cost of completing the project Of the eleven projects authorized only four were completed at twice the initial estimates for Response to Grand Jury Findings and Recommendations AQ& q ITEM NO _Z�JA 1 of 2 � PA(M Y OF -10 of Lake Elsinore the entire bond issue Consequently 18 years later the taxpayers in Zone 3 are still paying for undelivered flood control improvements RESPONSE The City was not Involved with the projections which provided the basis for the assessments imposed pursuant to Proposition F RECOMMENDATION NO 1 The Board of Supervisors (BOS) and the City of Lake Elsinore Initiate procedures to ensure that complaints are answered in writing In a timely manner by the appropriate agency or official having direct responsibility RESPONSE The City concurs that complaints regarding public safety should be addressed in a timely manner Here City representatives met on several occasions with both Cemetery District officials and Riverside County Flood Control representatives These meetings were attended by either the City Manager or City Engineer At those meetings serious effort was given to solving the flooding issues — from both an engineering and financial perspective We do not agree that public safety complaints must necessarily be addressed in writing Candidly we worry that such a requirement could prove to be an impediment to frank discussions among interested parties Our experience is that a more hands on approach such as face to face meetings rather than letter writing is often a better way to directly address public safety concerns RECOMMENDATION NO 2 County and municipal elected officials develop and enforce policy requiring all agencies /departments subject to their control to communicate coordinate and cooperate in areas of mutual concern RESPONSE We assure the Grand Jury that the City Council and City staff are committed to communicating coordinating and cooperating with other public entities in areas of mutual concern The City participates in meetings with other cities Riverside County and State agencies on a nearly daily basis RECOMMENDATION NO 3 BOS both identify and commit sufficient funds now or present Zone 3 votes with a bond Issue initiative for their consideration to finish Arroyo Del Toro Channel Flood Control Project Any action must factor in inflation estimates RESPONSE The City concurs with the recommendation Response to Grand Jury Findings and Recommendations AGENDA ITEM NO 2 of 2 PACE /0 OF R _ 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 AUGUST 28, 2007 SUBJECT CONSIDERATION OF COMMERCIAL DESIGN REVIEW NO 2006 -10 FOR THE PROJECT KNOWN AS "LAKE ELSINORE RV RESORT" APPLICANT WESTSTAR COMMUNITIES INC (ATTN FRED RICE) P O BOX 1749, SANTA YNEZ, CA 93460 PROJECT LOCATION The project lies within Redevelopment Project Area No 2, Area A, more specifically on the south side of Riverside Drive at its intersection with Lincoln Street (APN 379 120 007 008 & 379 100 002, 015) REQUEST The applicant requests approval of • Commercial Design Review No 2006 -10 The applicant is requesting Design Review consideration for the remodeling and renovation of the existing City owned recreational vehicle park and campground on an 85 9 acre site At a regularly scheduled meeting of August 7, 2007, the Planning Commission adopted Resolution No 2007 -143 recommending City Council adoption of necessary MSHCP findings and Resolution No 2007 -145 recommending City Council approval of Commercial Design Review No 2006 10 to design and construct the proposed recreational vehicle park improvements In addition, the Comnussion adopted Resolution No 2007 144 approving Conditional Use Permit No 2006 13 allowing for AGENDA ITEPA No 35 PAGE I OF —7 REPORT TO THE CITY COUNCIL AUGUST 28, 2007 PAGE 2 OF 3 the facility to be operated within the Commercial Park (CP) zoning district as a conditional use Planning staff presented the proposed project to the Planning Commission on August 7, 2007, underscoring the applicant s full cooperation The applicant, Fred Rice, then informed the Commission that he concurred with all recommended conditions of approval for the project Overall the Planning Commission was pleased with the proposed design and improvements associated with the recreational vehicle park facility indicating that the remodeled facility will greatly benefit the City s recreational tourist industry Brief discussion took place regarding proposed utility improvements and the use of reclaimed water for irrigation purposes within the facility The applicant indicated that he hopes to commence construction within thirty to sixty days Subsequently, the Commission voted unanimously to recommend approval of both the MSHCP consistency determination and Commercial Design Review for the protect FISCAL IMPACT The proposed recreational vehicle park and campground facility will have a positive fiscal impact on the community in that the applicant is leasing the facility from the City and the proposed improvements will benefit the City's tourism industry RECOMMENDATION The Planning Commission recommends that the City Council adopt the following City Council Resolution No 2007 -1mI making Findings of Consistency with the Multiple Species Habitat Conservation Plan, and 2 City Council Resolution No 2007 110 approving Commercial Design Review No 2006 10 Staff recommends that the Agency Board concur with the City Council AGENDA REM NO PAGE_-�,_0F �1 REPORT TO THE CITY COUNCIL AUGUST 28, 2007 PAGE 3 OF 3 PREPARED BY MATTHEW C HARRIS, SENIOR PLANNER APPROVED 1 ,D ATTACHMENTS 1 Vicinity Map 2 Planning Commission Conditions of Approval 3 City Council Resolution No 2007 -1U1, making Findings of Consistency with the Multiple Species Habitat Conservation Plan 4 City Council Resolution No 2007 -Im; approving Commercial Design Review No 2006 10 5 Planning Commission Staff Report and Resolutions from the August 7, 2007 Planning Commission Meeting 6 8 1/2 x I F Plan Reductions 7 Full -Size Project Plans AGENDA ITEM NO--� PAGE _OF 1 I VICINITY MAP COMMERCIAL DESIGN REVIEW C 2006 -10 AGENDA ITEM NO _ -- -PAGE �OF=- RESOLUTION NO 2007 -�(ol A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Fred Rice of Weststar Communities has submitted applications for Conditional Use Permit No 2006 -13 and Commercial Design Review No 2006 10 (the "Applications'), to entitle property located on the south side of Riverside Drive at its intersection with Lincoln Street (the' Property ), and WHEREAS, Section 6 0 of the MSHCP requires that all projects which are proposed on land covered by an MSHCP criteria cell and which require discretionary approval by the legislative body undergo the Lake Elsinore Acquisition Process ( LEAP ) and a Joint Project Review ( "JPR ) between the City and the Regional Conservation Authority ( RCA ) prior to public review of the project applications, and WHEREAS, the Applications are discretionary in nature and require review and approval by the planning commission or legislative body, and WHEREAS, the Applications are within the Elsinore Plan Area of the MSHCP, but they are not within an MSHCP Criteria Cell, Core or Linkage and WHEREAS, Section 6 0 of the MSHCP requires that the City adopt consistency findings prior to approving any discretionary project entitlements for development of property that is subject to the MSHCP, and WHEREAS, the City Council has been delegated with the responsibility of finding the consistency of discretionary entitlements with the MSHCP, and WHEREAS, public notice of the Applications has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to tlus item on August 28, 2007 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS AGENDA ITEM NO 3"S PACE 5 OF- -71_ CITY COUNCIL RESOLUTION NO 2007 -_ PAGE 2 OF 5 SECTION 1 The City Council has considered the Applications and their consistency with the MSHCP prior to making a decision to adopt Findings of Consistency with the MSHCP SECTION 2 That in accordance with the MSHCP, the City Council makes the following findings 1 The proposed project is a project under the City s MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval Pursuant to the City s MSHCP Resolution the project has been reviewed for MSHCP consistency Including consistency with Other Plan Requirements These include the Protection of Species Associated with Riparian /Riverine Areas and Vernal Pool Guidelines (MSHCP § 61 2) Protection of Narrow Endemic Plant Species Guidelines (MSHCP § 61 3) Urban /Wildlands Interface Guidelines (MSHCP § 614) Vegetation Mapping (MSHCP § 6 3 1) requirements Additional Survey Needs and Procedures (MSHCP § 6 3 2) Fuels Management Guidelines (MSHCP § 6 4) and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance § 4) 2 The proposed project is subject to the City's LEAP and the County's Joint Project Review processes The Property is within the MSHCP Elsinore Area Plan but is not located in a Criteria Cell Core or Linkage Therefore a formal LEAP application was not required by the City 3 The proposed project is consistent with the RipananlRivenne Areas and Vernal Pools Guidelines The project involves the rehabilitation of an existing campground facility and no impacts to riparian /riverine areas or vernal pools are expected Further there will be no additional development in areas considered as jurisdictional under the US Army Corps of Engineers or California Department of Fish and Game As such the project is consistent with Section 61 2 of the MSHCP and no further action is required AGENDA ITEM NO R PAGE 6 OF CITY COUNCIL RESOLUTION NO 2007-. PAGE 3 OF 5 4 The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines The project is the rehabilitation of an existing facility and is not located within the NEPSSA as shown on Figure 6 -1 of the MSHCP Therefore the project is compliant with MSHCP Section 613 5 The proposed project is consistent with the UrbanjWildlands Interface Guidelines Section 61 4 of the MSHCP sets forth guidelines which are intended to address indirect effects associated with locating development in proximity to the MSHCP Conservation Area where applicable To minimize Edge Effects guidelines shall be implemented in conjunction with review of individual public and private development projects in proximity to the MSHCP Conservation Area The project site located adjacent to the lake which is considered to be Public /Quasi - Public land under the MSHCP The project will be conditioned to prevent additional impacts to water quality related to toxins lighting noise and invasive species Therefore the project is consistent with Section 61 4 of the MSHCP and no further action is required 6 The proposed project is consistent with the Vegetation Mapping requirements No circumstances for which vegetation is required are applicable to the project The project is consistent with MSHCP Section 6 3 1 7 The proposed project is consistent with the Additional Survey Needs and Procedures The project site is outside of any Criteria Area Species Survey Area for plants amphibians and mammals and no Criteria Area Species Survey Area plant species were observed during site surveys The project site occurs within the burrowing owl survey area No owls were observed during surveys onsite Therefore the project is consistent with MSHCP Section 632 AGENDA ITEM NO 3S PAGE Z OF CITY COUNCIL RESOLUTION NO 2007-. PAGE 4 OF 5 8 The proposed project is consistent with the Fuels Management Guidelines As discussed above the existing campground is located adjacent to the lake Because the site is an existing campground facility and there is no brush or other vegetation subject to fuels management any further action related to Section 6 4 is not applicable to the project 9 The proposed project will /will not be conditioned to pay the City's MSHCP Local Development Mitigation Fee The applicant will be conditioned to pay the City s MSHCP Local Development Mitigation Fees 10 The proposed project overall is consistent with the MSHCP For the reasons stated above the project is consistent with the MSHCP SECTION 3 Based upon all of the evidence presented, both written and testimonial, the above findings, and the conditions of approval imposed upon each of the Lake Elsinore RV Resort Applications, the City Council hereby finds the Applications consistent with the MSHCP SECTION 4 This Resolution shall take effect from and after the date of its passage and adoption PASSED, APPROVED AND ADOPTED this 28th day of August, 2007, by the following vote AYES COUNCILMEMBERS NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS Robert E Magee, Mayor City of Lake Elsinore AGENDA ITENNO PAGE_& OF CITY COUNCIL RESOLUTION NO 2007-_ PAGE 5 OF 5 ATTEST Michelle Soto, Interim City Clerk APPROVED AT TO FORM Barbara Zeid Leibold, City Attorney City of Lake Elsinore (SEAL) AGENDAITE NO 3S PAGE � OF 13 RESOLUTION NO 2007 -UPa RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO 2006 -10 WHEREAS, Fred Rice of Weststar Communities Inc, has initiated proceedings for Commercial Design Review No 2006 10 for the remodeling and renovation of an existing recreational vehicle park and campground facility on a 85 9 acre site Improvements will include a lobby /reception building, recreation building, clubhouse, maintenance building, restroom/laundry structures, tennis courts putting green, three hundred and seven (307) recreational vehicle campsites, a one hundred (100) space RV/boat storage yard and associated park entry, landscaping and street frontage improvements The subject property is generally located on the south side of Riverside Drive at its intersection with Lincoln Street (APN 379 120 007, 008 & 379 - 100 -002, 015) (the Project "), and WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the responsibility of considering and approving commercial design review applications, and WHEREAS on August 28, 2007, at a duly noticed public hearing, the City Council considered evidence presented by the Community Development Department and other interested parties with respect to this item NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS SECTION 1 The City Council has considered the Commercial Design Review prior to approving the application The City Council finds that the Commercial Design Review satisfies all requirements set forth in Chapter 17 82 of the Lake Elsinore Municipal Code SECTION 2 The proposed project meets the requirements pursuant to Section 15301 and 15303 of the California Environmental Quality Act (CEQA) Guidelines The project involves negligible expansion of an existing use It is understood that the boat launch facility and vacant parcel to the west of the existing site are not part of the proposed project The existing facilities have been and will continue to be compatible with existing and adjacent uses The purpose of the project is to restore and rehabilitate the deteriorating structures and mechanical equipment to meet current standards of public health and safety as pursuant to AGENDAM NO 3J PAGE 10 OFT_ CITY COUNCIL RESOLUTION NO 2007 — PAGE 2 OF 4 Section 15301 (d) Pursuant to Section 15301 (e)(2)(A) and (B), there will be additions to existing structures of not more than 10,000 square feet The project is in an area where all public services and facilities are available, and the area in which the project is located is not environmentally sensitive The project will include demolition of some of the existing buildings which is allowable only after asbestos and lead inspections Pursuant to Section 15303 (c) and (e), the project will also involve the construction of limited numbers of new, small facilities or structures, not to exceed four such commercial buildings, and not to exceed 10,000 square feet in floor area The project may also include accessory structures including patios, swimming pools, fences, and/or maintenance sheds All structures to be built are above the U S Army Corps of Engineers jurisdictional water elevation of 1,260' MSL There will also be no fill material below the 100 year flood plain elevation of 1,263 3' MSL There will be no additional traffic impacts resulting from construction or operations of the new small facilities or structures There is one potentially historic building located within the project boundaries Currently, the City is working with the Lake Elsinore Historical Society to determine the cultural significance of this building Until an agreement is reached, this building will be fenced and avoided during all future construction and operational activities Furthermore, the project does not meet any of the exceptions pursuant to Section 15300 2 which provides several additional exceptions to the use of categorical exemptions The project will not result in damage to scenic resources, including trees (except those dead or dying), and is not located on any site compiled pursuant to Government Code section 65962 5 (hazardous and toxic waste sites) Landscaping with native plants will be required as part of the proposed project, where appropriate SECTION 3 That in accordance with State Planning and Zoning Law and the Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Commercial Design Review 2006 -10 1 The Project as approved will comply with the goals and objectives of the General Plan Specific Plan and the Zoning District in which the Project is located The Project complies with the goals and objectives of the General Plan because at will assist in achieving the development of a well balanced and functional max of residential commercial industrial open space AGENDA ITEM NO 3__ s _ pAGE__L�___oF7_ CITY COUNCIL RESOLUTION NO 2007 —_ PAGE 3 OF 4 recreational and institutional land uses The Project will serve to greater diversify and expand Lake Elsinore s economic base and recreational opportunities for community residents and tourists alike 2 The Project complies with the design directives contained in the General Plan Urban Design Element and all other applicable provisions of the Lake Elsinore Municipal Code The Project is appropriate to the site and surrounding developments in that the recreational vehicle park has been designed in consideration of the size and shape of the property Sufficient setbacks and enhanced onsite landscaping have been provided thereby creating interest and varying vistas as a person moves along abutting streets and within the facility In addition safe and efficient circulation has been achieved onsate The Project will compliment the quality of existing development and will create a visually pleasing non - detractive relationship between the proposed development and existing projects through the use of a uniform architectural design theme within the facility that compliments surrounding design improvements A variety of materials and colors are proposed including architectural stone accents wood siding and earth tone colors that blend with surrounding developments and provide evidence of a concern for quality and originality 3 Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts The Project was reviewed and conditioned by all applicable City departments to ensure that the proposed recreational vehicle park compliments existing development in the area creates the least amount of disturbance and does not negatively impact the residents or businesses of Lake Elsinore The Project is Categorically Exempt from CEQA provisions and will not have a significant effect on the environment 4 Conditions and safeguards pursuant to Chapter 17 82 070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Chapter 1782 AGENDA ITEM NO - -3J PAGE__!L_OF l CITY COUNCIL RESOLUTION NO 2007 –_ PAGE 4 OF 4 Pursuant to Section 17 82 070 of the Lake Elsinore Municipal Code the Project has been scheduled for consideration and approval of the City Council on August 28 2007 SECTION 4 Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Protect, the City Council hereby approves Commercial Design Review 2006 -10 SECTION 5 This Resolution shall take effect from and after the date of its passage and adoption PASSED, APPROVED AND ADOPTED this 28`h day of August 2007, by the following vote AYES COUNCILMEMBERS NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS Robert Magee Mayor City of Lake Elsinore ATTEST Michelle Soto, Interim City Clerk APPROVED AS TO FORM Barbara Zeid Leibold, City Attorney City of Lake Elsinore (SEAL) AGENDA REM NO �J PAGE �3 D =-11„ CONDITJONS OF APP OVAL ORhtJ CONDITIONAL USE FERMI i NO` 2046 -13 AND E COMMERCIAL' DES] GN�RE�� EW NO A2006;10 1 � x `'LAKE ELSINORE RVi RESORT99 PLANNING DEPARTMENT General Conditions 1 The Applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers Employees, and Agents from any claim action, or proceeding against the City its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the MSHCP Consistency Findings, Conditional Use Pernut No 2006 -13, and/or Commercial Design Review No 2006 10 and any related determinations 2 Applicant shall place a weatherproof 3' x 3 sign at the entrance to the project site identifying the approved days and hours of construction activity and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division at (951) 674 3124 3 All Conditions of Approval shall be reproduced upon page one of building plans subnutted to the Building and Safety Division for Plan Check 4 The Applicant shall deliver to the Planning Department a cashier's check or money order made payable to the Riverside County Clerk in the amount of $64 00 to enable the City to file the Notice of Exemption Said filing fee shall be provided to the City within 48 hours of project approval 5 Prior to issuance of any grading or building pernuts, the Applicant shall sign and complete an Acknowledgement of Conditions, and shall return the executed original to the Community Development Department for inclusion in the case records 6 The Applicant shall comply with all requirements of the City s Grading AGENDA ITEM NO 35 PAGE!L�_Or CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO 2006 -13 & COMMERICAL DESIGN REVIEW NO 2006 -10 PAGE 2 OF 16 Ordinance Construction generated dust and erosion shall be mitigated in accordance with the provisions of Lake Elsinore Municipal Code Chapter 15 72 and using accepted control techniques Interim erosion control measures shall be provided thirty (30) days after the site's rough grading, as approved by the City Engineer 7 The Applicant shall comply with the City s Noise Ordinance Notwithstanding the hours of operation permitted in the Lake Elsinore Municipal Code, construction activity shall be linuted to the hours of 7 00 AM to 5 00 PM, Monday through Friday and no construction activity shall occur on Saturdays, Sundays or legal holidays 8 The proposed location of onsite construction trailers shall be approved by the Community Development Director or Designee A cash bond of $1000 00 shall be required for any construction trailers placed on the site and used during construction Bonds will be released after removal of trailers and restoration of the site to an acceptable state, subject to the approval of the Community Development Director or Designee 9 The Applicant shall comply with all applicable City codes and ordinances Conditional Use Permit No 2006 -13 10 The Conditional Use Permit shall comply with all applicable requirements of the Title 17 of the Lake Elsinore Municipal Code, unless modified by approved Conditions of Approval 11 The Conditional Use Permit granted herein shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of this approval 12 Exterior security lighting around the perimeter of the recreational vehicle park shall be shielded and directed on -site so as not to create glare onto neighboring properties All proposed exterior light fixtures shall compliment the building architecture and shall be reviewed and approved by the Director of Community Development or Designee AGENDA ITEM NO 5S 13 PACE S 07 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO 2006 -13 & COMMERICAL DESIGN REVIEW NO 2006 -10 PAGE 3 OF 16 13 Necessary traffic circulation signage shall be erected onsmte Signage shall be reviewed by the Community Development Director or Designee 14 All security measures associated with the operation of the recreational vehicle park shall be reviewed and approved by the Riverside County Sheriff's Department Approved measures shall be followed and adhered to at all times Commercial Design Review No 2006 -10 15 Approval for Commercial Design Review No 2006 10 will lapse and be void unless building permits are issued within one (1) year following the date of approval 16 Unless specifically provided otherwise in these conditions, any alteration or expansion of a project for which there has been a Design Review approval as well as all applications for modification or other change in the conditions of approval of a "Design Review" shall be applied for in accordance with the provisions of Section 17 82 120 17 No structure which has received a "Design Review' or "Minor Design Review" approval shall be occupied or used in any manner or receive a Certificate of Occupancy until the Director of Community Development has determined that all Conditions of Approval have been satisfied 18 All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director 19 Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Comnussmon/Cmty Council through subsequent action 20 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 Any material covering the roof equipment shall match the primary wall color AGENDA ITEPA NO Z)S PAGE 16 OF- �]_ CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO 2006 -13 & COMMERICAL DESIGN REVIEW NO 2006 -10 PAGE 4 OF 16 21 Prior to issuance of building permits, the Applicant shall draft and subrmt a sign program for the park facility for Planning Comnussion review and approval The sign program shall address all wall mounted and free standing signs witlun the facility including directional signage All freestanding and wall mounted signage proposed onsrte shall subsequently comply with the currently approved Lake Elsinore Recreational Velucle Park Sign Program document 22 Applicant shall comply with all ADA (Americans with Disabilities Act) requirements 23 Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee prior to issuance of Certificate of Occupancy 24 No exterior roof ladders shall be permitted 25 All exterior downspouts shall be concealed within the buildings 26 Materials and colors depicted on the plans and materials board shall be used unless modified by the Director of Community Development or Designee The colors and materials include the following Roofing Elk — Presthque Grande ` Barkwood Siding Hardi Plank 8 Inch Lapboard Ro Saw Cement Board Stone Veneer Coronado Stone — River Rock Coastal Entry Fountains Coronado Stone — Natural Ledgestone Cedar Facia Sherwin Williams — Transval Beige , #F082 Gable End Shingles Sherwin Williams — Beige , #F086 Tnm & Trellis Sherwin Williams — `Birch Beige, #F083 aaeNva ITEM ll G3_- 5 —.�- -- PAGE�� - CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO 2006 -13 & COMMERICAL DESIGN REVIEW NO 2006 -10 PAGE 5 OF 16 Window /Door Trim Sherwin Williams "Whisper Pearl , #G39 27 All exposed slopes in excess of three feet (3') in height shall have permanent irrigation system and erosion control vegetation installed and approved by the Planning Division 28 On -site surface drainage shall not cross sidewalks Prior to Issuance of Building /Grading Permit 29 Prior to issuance of Building Permit, the Applicant shall subnut a photometric study to the Community Development Department for review and approval The study shall show locations of all exterior lighting fixtures and shall verify that nummum foot candle illumination is achieved throughout the park facility 30 Three (3) sets of the Final Landscapmg/Imgation Detail Plan shall be subnutted, reviewed and approved by the City s Landscape Architect Consultant and the Community Development Director or Designee, prior to issuance of building permit A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval a All planting areas shall have permanent and automatic sprinkler system with 100% plant and ground cover coverage using a combination of drip and conventional irrigation methods b All planting areas shall be separated from paved areas with a six inch (6 ) high and six inch (6 ) wide concrete curb c Plantings within fifteen feet (15 ) of ingress /egress points shall be no higher than thirty six inches (36 ) d Any ground mounted transformers and mechanical or electrical equipment shall be indicated on the Landscape Plan and shall be screened AGENDA ITEM NO 3S PACE ki O CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO 2006 -13 & COMMERICAL DESIGN REVIEW NO 2006 -10 PAGE 6 OF 16 e Shrubs and vines shall be planted around the onsite trash enclosures to soften the structures f Final landscape plans shall include planting and irrigation details g The landscape plan shall provide for ground cover, shrubs and trees and meet all requirements of the City's adopted Landscape Guidelines Special attention to the use of Xenscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering h A Landscape Maintenance Bond shall be provided prior to issuance of Certificate of Occupancy The bond shall cover ten percent (10 %) of the total cost of landscaping improvements onsite Release of the bond shall be requested by the Applicant at the end of the required one year maintenance period subject to the approval of the City's Landscape Architect Consultant and Community Development Director or Designee 1 All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building Final landscape plan must be consistent with approved site plan J One twenty-four inch (24 ) box size tree shall be installed for every five parking spaces within the onsite parking area k One twenty four inch (24 ") box size tree shall be installed for every thirty linear feet (30 ) of street frontage 1 In order to achieve additional screening, the landscape plan shall be revised to show a row of 24 -inch box size evergreen trees planted 25 feet on center across the entire length of the proposed recreational vehicle/boat storage yard behind the perimeter wall along the Riverside Drive frontage The specific type of tree utilized shall be reviewed and approved by the City Landscape Architect Consultant AGENDA ITEFA NO_1S_ _ PAGE__A__C --_3J_ CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO 2006 -13 & COMMERICAL DESIGN REVIEW NO 2006 -10 PAGE 7 OF 16 in In order to achieve further screening, the landscape plan shall be revised to show additional shrubs and vines along the fence line on the entire length of the northern property line The specific types of shrubs and vines, amounts and planting locations shall all be reviewed and approved by the City's Landscape Architect Consultant n In order to achieve immediate shade and maturity, the landscape plan shall be revised to show the planting of larger trees (36 -inch and 48 inch box size) around the main facilities within the park The specific type of trees numbers and planting location shall be reviewed and approved by the City's Landscape Architect Consultant 31 An Acoustical Analysis shall be prepared to identify necessary noise attenuation methods along the Riverside Drive property frontage The conclusions of the analysis and recommended attenuation methods shall be reviewed and approved by the Director of Community Development In addition, necessary improvements and details shall be shown on both site and landscaping plans 32 Prior to issuance of building permits, the Applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid 33 Prior to issuance of building permits the Applicant shall provide evidence that all Riverside County Fire Department standards and requirements have been satisfied ENGINEERING DEPARTMENT General Requirements 34 A grading plan signed and stamped by a California 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 AGENDA ITEN NO ________35��� PAGE�QOP-� - CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO 2006 -13 & COMMERICAL DESIGN REVIEW NO 2006 -10 PAGE 8 OF 16 drainage and flow pattern inspection can be conducted before grading begins 35 Prior to commencement of grading operations, Applicant shall provide to the City 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 36 All grading shall be done under the supervision of a geotechmcal engineer who shall certify all slopes steeper than 2 to 1 for stability and proper erosion control 37 A Phasing Plan shall be subnutted to and approved by the City Engineer 38 An Encroachment Permit shall be obtained prior to any work on City or Caltrans right of -way 39 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 Overhead utilities shall be undergrounded 40 Applicant shall obtain any necessary Caltrans permits and meet all Caltrans requirements for any work within Caltrans right -of -way (SR74) 41 Applicant shall obtain any necessary County permmts and meet all County requirements for any work within County right of -way 42 The Applicant shall install permanent bench marks per Riverside County Standards and at locations to be determined by the City Engineer 43 The Applicant shall install blue dot markers at Fire Hydrant locations per Riverside County Standards 44 Provide fire protection facilities as required in writing by Riverside County Fire 45 The Applicant shall incorporate bus bays in the street design unless not required by RTA AGEFIDAITPINO 35 PAGE_ a�_--OF CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO 2006 -13 & COMMERICAL DESIGN REVIEW NO 2006 -10 PAGE 9 OF 16 46 Applicant shall pay TUMF & TIF fees for all additional recreational vehicle campsites added above and beyond what currently exists on the project site 47 10 year storm runoff shall be contained within the curb and the 100 year storm runoff shall be contained within the street right of way When either of these criteria are exceeded, drainage facilities shall be provided 48 All drainage facilities in this protect shall be constructed to Riverside County Flood Control District Standards 49 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 50 Slope maintenance along nght -of ways and open spaces shall be maintained by a property owner's association or other maintenance mechanism approved by the City 51 All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the construction shall be disposed of at appropriate recycling centers The Applicant is encouraged to contract with CR &R Inc for recycling and storage container services, but the Applicant may use the services of another recycling vendor if the Applicant so chooses Recycling vendors (other than CR &R Inc ) cannot charge the Applicant for bin rental or solid waste disposal If the Applicant is not using CR &R Inc for recycling services and the recycling material is either sold or donated to another vendor, the Applicant shall supply proof of debris disposal at a recycling center including verification of tonnage by certified weigh master tickets 52 On -site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a letter of drainage acceptance, or conveyed to a drainage easement AGENDA ITUA N10 3'5 PAGE 0 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO 2006 -13 & COMMERICAL DESIGN REVIEW NO 2006 -10 PAGE 10 OF 16 53 All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer 54 Roof drains shall not be allowed to outlet directly through coring in the street curb Roofs should drain to a landscaped area 55 Applicant shall comply with all NPDES requirements including the submittal of Water Quality Management Plan (WQMP) as required by the Santa Ana Regional Water Quality Control Board 56 Education guidelines and Best Management Practices (BMPs) shall be provided to residents of the development in the use of herbicides, pesticides fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and meet the goals of the BMP in Supplement A" in the Riverside County NPDES Drainage Area Management Plan 57 Applicant shall provide BMPs that will reduce storm water pollutants from parking areas and driveway aisles 58 City of Lake Elsinore has adopted ordinances for storm water management and discharge control In accordance with state and federal law, these local storm water ordinances urohibrt the discharge of waste into storm drain system or local surface waters This includes non storm water discharges containing oil grease detergents, trash, or other waste remains Brochures of "Storm Water Pollution, What You Should Know" describing preventing measures are available at City Hall PLEASE NOTE The discharge of pollutants into street, gutters the storm drain system, or waterways without Regional Water Quality Control Board permit or waiver — is strictly prohibited by local ordinances and state and federal law 59 The Applicant shall modify the traffic signal at State Route 74 (Riverside Drive) and Lincoln Avenue A deceleration lane on State Route 74 at Lincoln Avenue shall be provided AGENDA ITEM NO 57 PAGE a3 OF —_ CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO 2006 -13 & COMMERICAL DESIGN REVIEW NO 2006 -10 PAGE 11 OF 16 60 Interior streets shall be privately maintained unless another maintenance mechanism is approved by the City 61 Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer 62 Applicant shall submit signing and striping plans and traffic control plans for the required street improvements for the project All signing and striping and traffic control devices shall be installed prior to final inspection of public improvements This includes Street Name Signs, No Parking and Street Sweeping Signs for streets within the protect 63 A California Registered Civil Engineer shall prepare the street and traffic improvement plans Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12 04 and 16 34) Prior to Issuance of a Grading Permit 64 The Applicant shall submit grading plans with appropriate security and Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer, for review and approval by the City Engineer The Applicant shall nutigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage 65 A portion of the project is in the floodplam The City's Floodplam Management requirements must be satisfied 66 The grading plan shall show that no structures landscaping, or equipment are located near the project entrances that nummize sight distance standards 67 Construction Project access and hauling route shall be submitted and approved by the City Engineer, 68 The Applicant shall provide soils, geology and seismic report including street design recommendations A final soils report shall be submitted showing compliance with recommendations AGENDA ITEFA NO 3S PAGE Q4 or--1-1 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO 2006 -13 & COMMERICAL DESIGN REVIEW NO 2006 -10 PAGE 12 OF 16 69 If determined necessary, an Alquist Pnolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on -site 70 The Applicant shall obtain all necessary off -site easements and/or permits for off site grading and/or drainage acceptance from the adjacent property owners prior to grading permit issuance 71 The Applicant shall provide erosion control measures as part of their grading plan The Applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A in the Riverside County NPDES Drainage Area Management Plan 72 The Applicant shall provide the City with proof of filing a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System ( NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits The Applicant shall provide a SWPPP for post construction, which describes BMP s that will be implemented for the development including maintenance responsibilities The Applicant shall submit the SWPPP to the City for review and approval 73 The Applicant shall provide to the City a copy of an approved WQMP for the Project Prior to Issuance of Building Permit 74 All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code prior to issuance of a building penmt 75 The Applicant shall submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location, such as water pressure and volume etc The Applicant shall submit this letter to the City prior to applying for a building permit AGENDA ITEM NO 35' PACE � 5 OF CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO 2006 -13 & COMMERICAL DESIGN REVIEW NO 2006 -10 PAGE 13 OF 16 76 No structures, landscaping, or equipment shall be located near the project entrances that compromise sight distance requirements Prior to Occupancy 77 The Applicant shall pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off -site public works improvements (LEMC12 08, Res 83 78) All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy 78 All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of off site improvements will be scheduled and approved 79 All public improvements shall be completed in accordance with the approved plans or as conditions of development to the satisfaction of the City Engineer 80 All signmg and striping and traffic control devices shall be installed This includes Street Name Signs, No Parking and Street Sweeping Signs for streets within the project 81 Water and sewer improvements shall be completed in accordance with Water District requirements 82 The traffic signal modification at SR74 and Lincoln Avenue shall be completed 83 Proof of maintenance responsibility and acceptance shall be provided for all open space, slopes, and drainage facilities, outside the public right of way 84 The Applicant shall submit as -built plans and shall be responsible for revising the mylar plans A digital copy of all completed public improvement plans shall also be provided A bond (amount to be AGENDA ITEM NO 3 S- PAGE OF CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO 2006 -13 & COMMERICAL DESIGN REVIEW NO 2006 -10 PAGE 14 OF 16 determined by the City Engineer) is required to guarantee compliance of this requirement COMMUNITY SERVICES DEPARTMENT 85 Developer shall comply with all applicable Community Service Department requirements and shall pay all applicable Department fees RIVERSIDE COUNTY FIRE DEPARTMENT 86 The Applicant shall comply with all of the attached Riverside County Fire Department conditions and standards LAKE AND AQUATIC RESOURCES DEPARTMENT 87 The Applicant shall be solely responsible for ensuring compatibility and conformance of the proposed LERA Campground Rehabilitation Project with the City s existing Plans and Specifications for the Boat Launch Facility Rehabilitation Project, which includes project boundaries, drainage, electrical, water and sewer 88 Applicant shall delete all references to State Campground on plan drawings and insert City of Lake Elsinore" in all documents 89 All concrete RV pads with hook ups shall be raised to a minimum elevation of 1,255' above mean sea level 90 Details shall be provided on the construction drawings showing how all utilities at RV sites shall be protected from 100 -year flood event (1,263 3 MSL) 91 Applicant shall remove and transplant all significant' palm trees onsrte listed under the City s Palm Tree Preservation Ordinance This includes all the California Fan Palm Trees along Riverside Drive 92 Applicant shall comply with palm tree removal checklist (below) AGENDA ITEM NO 3'5- PAGE_2a_OFTZ CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO 2006 -13 & COMMERICAL DESIGN REVIEW NO 2006 -10 PAGE 15 OF 16 a Identify if tree is a "Significant Palm " If it is, proceed with Perrmt Application b Obtain notarized written permission from land owner c Show location of all significant palms proposed to be removed or relocated on a plan or map survey with a certified engineers /surveyor's report identifying The property by street address and assessor's parcel number The centerline of the street The monuments establishing the property line The distance between each significant palm and the property line Identify each significant palm by species and approximate, height and spread Photographs of significant palms to be removed or relocated Identify the proposed manner of removal, the proposed equipment to be utilized for removal and the planned truck/equipment route Identify the species, number, and size of any proposed replacement palm trees Describe the health of any significant palm declared diseased or dying and identify variety If a significant palm is proposed to be relocated to another location on the same property or within the City, then the relocation site shall be identified and site preparation and relocation methods described 93 Have the issued City penmt available for review on site during activity operations AGENDA iTEIRA NO 36 PAGE ! OF-3 _ CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO 2006 -13 & COMMERICAL DESIGN REVIEW NO 2006 -10 PAGE 16 OF 16 94 Post a sign as prescribed by the City on each significant palm to be removed or relocated not less then seven (7) days prior to such removal /relocation AGENDA ITEM NO 357 PAGE a� OF -D, RIVERSIDE COUNTY LMS CONDITIONS OF APPROVAL LE -06- CUP -13 RV PARK Library Conditions 10 General Conditions FIRE DEPARTMENT 10 FIRE 999 CASE — CITY CASE STATEMENT DRAFT With respect to the conditions of approval for the referenced project the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognize fire protection standards 10 FIRE 999 USE #50 BLUE DOT REFELECTOR DRAFT Blue retro reflective pavement markers shall be mounted on private street public streets And driveways to indicate location of fire hydrants Prior to installation placement Of markers must be approved by Riverside County Fire Department 10 FIRE 999 USE * 423 — MIN REQ FIRE FLOW DRAFT Minimum required fire flow shall be 4000 GPM for 4 hour duration at 20 PSI residual operating pressure which must be available before any combustible material is placed on the job site Fire flow is based on type V NR construction per the 2001 CBC and Building(s) having a fire sprinkler system 10 FIRE 9999 USE - #19 ON /OFF LOOPED HYD DRAFT A combination of on site and off site super fire hydrants on a looped system (6 x4 x21/2 ) will be located note less than 25 feet or more than 165 feet from Any portion of the building as measured along approved vehicular travel ways The required fire flow shall be available from any adjacent hydrants (s) in the System 10 FIRE 999 USE #84 — TANK PERMITS It ' Applicant and/or developer shall be responsible for obtaining under /aboveground Fuel chemical and mixed liquid storage tank permit from the Riverside County Fire Department and Environmental Health Departments Plans must be submitted for approval prior to installation Aboveground fuel/mixed liquid tank (s) shall meet the following standards Tank must be tested and labeled to UL2085 Protected Tank Standard or SwRI 93 01 The test must include the Projectile Penetration Test and the Heavy Vehicle Impact Test A sample copy of the tank s label from an independent test laboratory must be included with your plans (Current plan check deposit base fee is $217 00 for the first Tank each additional tank $32 00) -2 AGENDA ITEP O ,AGE ,�j OF _2L- 10 FIRE 999 USE 489 -RAPID HAZMAT BOX DRAFT Rapid entry Hazardous Material data and key storage cabinet shall be installed on outside of the building Plans shall be submitted to the Riverside County Fire Department for approval prior to installation (Current plan check deposit base fee is $126 00) 10 FIRE 999 USE 425 GATE ENTRANCES DRAFT Gate entrances shall be at least two feet wider than the width of the traffic lane (s) serving that gate Any gate providing access from a road to a driveway shall be located at least 35 feet from the roadway and shall open to allow vehicle to stop with out obstructing traffic on the road Where a one way road with a single traffic lane provides access to a gate entrance 40 foot turning radius shall be used 10 FIRE 999 USE 4009 - CAMPFIRE RINGS DRAFT Campfires will only be allowed in stoves and fire rings which must be in a location approved by the Riverside County Fire Chief RIVERSIDE COUNTY LMS CONDITIONS OF APPROVAL Library Conditions 60 PRIOR TO GRADING PERMIT ISSUANCE FIRE DEPARTMENT 60 FIRE 999 USE 475 WATER PLANS The applicant or developer shall separately submit two copies of the water system plans to the Fire Department for review Plans shall conform to the fire hydrant types location and spacing and the system shall meet the fire flow requirements Plans shall be signed/approved by a registered civil engineer and the local water company with the following certification I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department DRAFT 80 FIRE 999 USE - #17A BLDG PLAN CHECK $ DRAFT Building plan check deposit fee of $1056 00 shall be paid in a check or money order to the Riverside County Fire Department after plans have been approved by our office AGENDA ITEM NO 25- PAGE 3 \_OF -7 1 80 FIRE 999 USE #4 — WATER PLANS DRAFT The applicants or developer shall separately submit two copies of the water system plans to the Fire Department for review and approval Calculated velocities shall not exceed 100 feet per second Plans shall conform to the fire hydrant types location and spacing and the system shall meet the fire flow requirements Plans shall be signed and approved by a registered civil engineer and the local Water Company with the following certification I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department RIVERSIDE COUNTY LMS CONDITIONS OF APPROVAL Library Conditions 80 PRIOR TO BUILDING PERMIT ISSUANCE FIRE DEPARTMENT 90 FIRE 999 USE -#45 — FIRE LANES The applicant shall prepare and submit to the Fire Department for approval a site plan designating required fire lanes with appropriate lane painting and/or signs 90 FIRE 999 USE - #66- DISPLAY BOARDS Display Boards will be as follows Each complex shall have an illuminated diagrammatic representation of the actual layout which shows name of complex all streets building designators unit members and fire hydrant locations within dimension and located next to roadway access 90 FIRE 999 USE 4009 -CAMP FIRE RINGS Campfires will only be allowed in stoves and fire rigs which must be in a location approved by the Riverside County Fire Chief DRAFT DRAFT AGENDA ITEM! NO 35 PAGE 31 oF-3-2_ RIVERSIDE COUNTY LMS CONDITIONS OF APPROVAL Library Conditions 90 PRIOR TO BUILDING FINAL INSPECTION FIRE DEPARTMENT 90 FIRE 999 USE - #12A- SPRINKLER SYSTEM DRAFT Install a complete fire sprinkler system per NFPA 13 2002 edition (13D and 13R system are not allowed) in all buildings requiring a fire flow of 1500 GPM or greater sprinkler system (s) with pipe size in excess of 4 inch diameter will require the project structural engineer to certify (wet signature) the stability of the building system for seismic and gravity loads to support the sprinkler system All fire sprinkler risers shall be protected from any physical damage The post indicator valve and fire department connection shall be located to the front within 50 feet of a ydrant and the mimmum of 25 feet from the building (s) A statement that the building (s) will be automatically fire sprinkled must be included on the title page of the building plans (Current sprinkler plan check deposit base fee is $164 00 per riser) Applicant or developer shall be responsible to install a L Central Station Momtored Fire Alarm System Monitoring System shall monitor the fire Sprinkler system (s) water flow P I V s and all control valves Plans must be submitted to the Fire Department for approval prior to installation Contact Fire Department for guideline handout (current Monitoring plan check deposit base fee is $192 00) 90 FIRE 999 USE 483 AUTO/MAN FIRE ALARM DRAFT Applicant or developer shall be responsible to install a manual and automatic Fire Alarm System Plans must be submitted to the Fire Department for approval prior to installation (Current plan check deposit base fee $627 00) AGENDA ITEM No 3J PAGE M of 11 RIVERSIDE COUNTY LMS CONDITIONS OF APPROVAL Library Conditions 90 PRIOR TO BUILDING FINAL INSPECTION FIRE DEPARTMENT 90 FIRE 999 USE427 - EXTINGUISHERS DRAFT Install portable fire extinguishers with a minimum rating of 2A IOBC and signage Fire Extinguishers located in public areas shall be in a recessed cabinets mounted 48 (hiches) to enter above the floor level with Maximum 4 projection from the wall Contact Fire Department for proper placement of equipment prior to installation 90 FIRE 999 USE #36 -HOOD DUCTS DRAFT A U L 300 hood duct fire extinguishing system must be installed over the cooking equipment Wet chemical extmguislung system must provide automatic shutdown of all electrical components and outlets under the hood upon activation system must be installed by a licensed c 16 contractor Plans must be submitted with current fee to the Fire Department for review and approval prior to installation Note A dedicated alarm system is not required to be installed for the exclusive purpose of monitoring this suppression system However a new or pre existing alarm system must be connected to the extinguishing system ( *separate fire alarm must be submitted for connection) ( Current plan check deposit base fee is $215 00) AGENDA REM P. GE_GF �1 CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION TO CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM ROLFE M PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DATE AUGUST 7, 2007 PREPARED BY MATTHEW C HARRIS, SENIOR PLANNER PROJECT TITLE CONDITIONAL USE PERMIT NO 2006 -139 COMMERCIAL DESIGN REVIEW NO 2006 -10 "LAKE ELSINORE RV RESORT" APPLICANT WESTSTAR COMMUNITIES INC (ATTN FRED RICE) P O BOX 1749, SANTA YNEZ, CA 93460 OWNER CITY OF LAKE ELSINORE PROJECT REQUEST The applicant is requesting a land use consistency determination for recreational vehicle parks and campgrounds as a conditional use within the Commercial Park (C -P) zoning district, as well as Conditional Use Permit and Commercial Design Review consideration for the remodeling and renovation of the existing City owned recreational vehicle park and campground Improvements will include a lobby /reception building, recreation building, clubhouse, maintenance building, three restroomilaundry structures, tennis courts, putting green, three - hundred and seven (3 07) recreational vehicle campsites a one hundred (100) space RV/boat storage yard and associated park entry, landscaping and street frontage improvements The 85 9 acre site has a zoning designation of Commercial Park (C -P) and Recreation (R) respectively Review is pursuant to Chapter 17 52 (Commercial Park District), Chapter 17 36 (Recreation District), Chapter 17 38 (Non - Residential Development Standards) Chapter 17 66 (Parking), Chapter 17 74 (Conditional Use Permit) and Chapter 17 82 (Design Review) of the Lake Elsinore Municipal Code AGENDA ITEM PAGE 3S 01771 PLANNING COMMISSION STAFF REPORT AUGUST 7, 2007 PROJECT TITLE CONDITIONAL USE PERMIT NO 2006 -139 COMMERCIAL DESIGN REVIEW NO 2006 -10 PROJECT LOCATION The project site is located on the south side of Riverside Drive (State Hwy 74) at its intersection with Lincoln Street, Assessor Parcel Numbers 379 120 007 008 & 379 100 -002, 015 within Redevelopment Project Area No 2, Area A ENVIRONMENTAL SETTING BACKGROUND The subject property has a split zoning designation of Commercial Park (C -P) along the Riverside Drive frontage and Recreational (R) further south towards Lake Elsinore Lake Elsinore Municipal Code Section 17 36 030 allows campgrounds as a conditional use in the Recreational zone However, campgrounds are not listed as either a permitted or conditional use in the Commercial Park zone Section 17 52 030 P of the Municipal Code allows the Planning Commission to allow other permitted and conditional uses within the Commercial Park zone that it finds to be in accordance with the purpose of the zoning district and having characteristics similar to the permitted and conditional uses currently allowed in the district AGENDA ITEM 35 PAGE U OF-?I EXISTING LAND USE ZONING GENERAL PLAN Project Former Recreational Commercial Park Site Vehicle Park (C P) & Specific Plan (SP I) Recreational R North Mobile Home Park Commercial Park Specific Plan (SP -I) (C -P) & Recreational R South Vacant Commercial Park Specific Plan (SP I) (C P) & Recreational R East Lake Elsinore Recreational R Lake LKE West Commercial/Vacant Commercial Park General (C P) & General Commercial (C 2) Commercial (C -2) BACKGROUND The subject property has a split zoning designation of Commercial Park (C -P) along the Riverside Drive frontage and Recreational (R) further south towards Lake Elsinore Lake Elsinore Municipal Code Section 17 36 030 allows campgrounds as a conditional use in the Recreational zone However, campgrounds are not listed as either a permitted or conditional use in the Commercial Park zone Section 17 52 030 P of the Municipal Code allows the Planning Commission to allow other permitted and conditional uses within the Commercial Park zone that it finds to be in accordance with the purpose of the zoning district and having characteristics similar to the permitted and conditional uses currently allowed in the district AGENDA ITEM 35 PAGE U OF-?I PLANNING COMMISSION STAFF REPORT AUGUST 7, 2007 PROJECT TITLE CONDITIONAL USE PERMIT NO 2006 -139 COMMERCIAL DESIGN REVIEW NO 2006 -10 The purpose of the Commercial Park zone is to `reserve appropriate locations to accommodate the needs of tourists and recreational enthusiasts while protecting such locations from intrusion by incompatible uses Many of the proposed uses within the recreational vehicle park are already allowed in the Commercial Park zone as either a permitted or conditional use such as tennis courts, miniature golf, etc Moreover, the City has operated a recreational vehicle park on this site for many years in the past without creating any significant incompatibility issues with surrounding properties Finally, staff believes the characteristics of the proposed use serve to directly promote the purpose of the Commercial Park zone by directly accommodating the needs of tourists and recreational enthusiasts alike Therefore, staff recommends that the Commission allow recreational vehicle parks as a conditionally permitted use within the Commercial Park zoning district PROJECT DESCRIPTION The applicants are proposing to remodel and establish a five -star rated recreational vehicle park on the subject property The former park, which is located on City owned property, has been inoperable for a long period of time The applicants have entered into a fifty five (55) year lease with the City to operate the facility The park will operate every day of the year, twenty four hours a day The gated facility will have staff and security officials onsite at all times Paid access will also be provided through the park to the City owned and operated future boat launch and adjacent wading beach The park renovations will occur in two (2) phases The large majority of the improvements will occur in phase one (1) which are addressed under these entitlements An existing abandoned house located within phase one (1), which has local historical significance will remain in its current location but is not planned for renovation The long term future of the residence has not yet been decided Phase two (2) improvements will include approximately one - hundred and twenty (120) additional recreational vehicle camp sites, one - hundred and fifty (150) tent sites, an additional clubhouse, swimming pool and portable restroom The applicants have also agreed to provide compensation for and construct a City Lake Department office building for the City prior to completion of all phase two (2) improvements The phase two (2) improvements are not included under these permits and will be brought before the Planning Commission under separate permit within the next few months AGENDA ITEM 26 PAGE 5-1 OF ` '7 t PLANNING COMMISSION STAFF REPORT AUGUST 7, 2007 PROJECT TITLE CONDITIONAL USE PERMIT NO 2006 -139 COMMERCIAL DESIGN REVIEW NO 2006 -10 SatznQ/Circulation The project site will take access off of the Riverside Drive property frontage The existing driveway into the facility will be eliminated and shifted approximately two hundred and fifty feet (250 ) to the south so as to align with the existing signal at Lincoln Street The new driveway will create three (3) designated lanes to exit the facility (left turns, right turns and a through lane across Riverside Drive to Lincoln Street) A dedicated right turn lane off of Riverside Drive will also be created All roads within the park will be a minimum of twenty five feet (25 ) in width Moreover, all the roads will be paved with the exception of one road along the lake frontage which will be constructed of decomposed granite due to potential lake water inundation during high water periods No parking will be permitted along any of the roadways within the park Onsite Parkang A total of eight- hundred and four (804) parking spaces will be provided within the park facility Five hundred and seventy-six (576) spaces will be located within the recreational vehicle park campsites (in addition to spaces provided for recreational vehicles) and one hundred and twenty eight spaces (128) will be located within small parking areas distributed throughout the park Finally, a one - hundred (100) space boat/RV storage lot will be established along the Riverside Drive frontage (see parking matrix below) � r Ja4eation ­a , a � f ,>rarxtn ace , vi Within Recreational Vehicle Campsites 576 Within Small Parking Areas 128 Within Boat/RV Storage Lot 100 TOTAL 804 The number of vehicles entering the park will be highly regulated at the front entry gate with a parking pass and fee Guests with extra vehicles will be required to park in assigned guest parking spaces AGENDA ITEM ^ S 1 PAGE � OF 11 PLANNING COMMISSION STAFF REPORT AUGUST 7, 2007 PROJECT TITLE CONDITIONAL USE PERMIT NO 2006 -13, COMMERCIAL DESIGN REVIEW NO 2006 -10 Boat Storage Lot A One - Hundred (100) space boat/recreational vehicle storage lot is proposed at the center of the park adjacent to the main entrance Spaces will be rented out both weekly and monthly and will accommodate up to a forty-five (45 ) long recreational vehicle or the maximum size boat that is allowed on Lake Elsinore Overflow vehicle parking can also be achieved within unused spaces during peak park usage periods Proposed Buildings /Structures The overall architectural style of the buildings and structures within the park will be Craftsman serving to create an overall theme within the park Building improvements will include the following Lobby /Reception Building A 2,282 square foot, single story building consisting of check in/out counter, welcome lobby, administrative offices and restrooms Recreation Building A 7,678 square foot, single story building consisting of multi- purpose recreation room, workout room library, computer room, card room, mini -mart and restroom facilities Clubhouse A 2,244 square foot, single -story building consisting of a recreation room, kitchen showers and restrooms Maintenance Building A 1,200 square -foot, single story building consisting of storage space for park maintenance equipment AGENDA ITEM 3S_ PAGE 3� OF3a PLANNING COMMISSION STAFF REPORT AUGUST 7, 2007 PROJECT TITLE CONDITIONAL USE PERMIT NO 2006 -139 COMMERCIAL DESIGN REVIEW NO 2006 -10 Restroom /Laundry Structures Three (3) separate restroom/laundry structures consisting of approximately 2,000 square feet each to Include men s and women's restroom and shower facilities and laundry machines Gatehouse An approximately 160 square foot guard house to be located at main entry gate into the park Colors and Materials The applicant is proposing three (3) different colors on the various buildings within the park The Craftsman architectural design will be further enhanced and the appearance of additional offsets and depth will be achieved with the chosen color scheme and proposed decorative stone veneer, wood siding and roofing materials The contrasting colors are complimentary and have been chosen to enhance architectural elements within the project Entry Monumentation. Walls & Fences A cascading water fall will be provided on each side of the main entry drive at its intersection with Riverside Drive along with decorative boulders, accent trees and shrubs and a stone veneer monumentation wall with identification signage Decorative paving treatments are also proposed at various locations along the main entry drive leading to the gatehouse A six foot tall solid masonry wall with decorative columns thirty two feet (32 ) on center will be erected along the entire Riverside Drive property frontage Other wood and wrought iron fencing will be utilized in various locations throughout the park as necessary The protect has been conditioned to require the installation of a chain link fence along the northern property line, as necessary, to replace existing fencing in poor condition along with shrubs and vines as needed to fully screen the adjacent mobile home park to the north AGENDA ITEM 3S PAGE (AQ OF T1 PLANNING COMMISSION STAFF REPORT AUGUST 7, 2007 PROJECT TITLE CONDITIONAL USE PERMIT NO 2006 -13, COMMERCIAL DESIGN REVIEW NO 2006 -10 Landscaping The applicants have taken great lengths to work around existing trees in terms of campsite street and building placement Approximately six hundred trees currently exist within phase 1 Two hundred (200) trees must be removed due to roadway and building placement or poor heath The applicant is proposing to plant approximately eleven hundred (1,100) trees onsite resulting in approximately fifteen- hundred (1 500) trees within phase 1 Numerous trees and foundation plantings will be planted around the perimeter of the new buildings and structures onsite serving to accent and soften building elevations Fourteen (14) separate varieties of trees are proposed including, but not limited to Western Redbud, Canary Island Pine, Coast Live Oak and African Sumac All tree container sizes will be a mimmum of 24 inch box Staff has conditioned the protect to ensure that larger tree container sizes (36 -inch & 48 inch box) are utilized around the main facilities within the park to achieve faster tree maturity and shading Large Queen Palm trees are proposed adjacent to the water falls on each side of the main entrance drive along with numerous accent shrubs including African Iris, Photinia, Viburnum and New Zeland Flax resulting in a formalized appearance A uniform row of Queen Palms (planted thirty feet on center) and accent shrubs will also be placed outside of the perimeter wall to the east and west of the main entry drive along the Riverside Drive frontage In order to achieve sufficient screening of the proposed RV storage lot, staff has conditioned the project for the placement of a row of evergreen trees behind the perimeter wall along the Riverside Drive frontage from the main entry drive west to the terminus of the storage lot Onsite Lighting Street, parking lot pedestrian and wall mounted lighting will all be utilized at various locations throughout the park so as to ensure sufficient illumination for safety and security purposes All the light fixtures utilized will have an arts and crafts design which compliments the Craftsman style buildings throughout the park facility AGENDA ITEM 35 PAGE (�l OF T� PLANNING COMMISSION STAFF REPORT AUGUST 7, 2007 PROJECT TITLE CONDITIONAL USE PERMIT NO 2006 -139 COMMERCIAL DESIGN REVIEW NO 2006 -10 Park Sagnaze The applicant intends to draft a comprehensive sign program for the entire recreational vehicle park and submit the document to the City for review and approval prior to issuance of building permits This has been made a condition of approval The sign program will address such issues as entry signage, directional signage and wall mounted signage and will serve to create a uniform and themed sign package that will compliment and enhance the entire facility Subsequently, the signage will be approved under separate permit ANALYSIS SctinwlCzrculation The proposed site plan meets all applicable development standards and criteria outlined in both the Commercial Park (C -P) and Recreational (R) zoning districts in terms of setbacks, lot coverage and building heights Moreover the project complies with the Non — Residential development standards outlined in Chapter 17 38 of the Lake Elsinore Municipal Code including lighting, landscaping and design Circulation and Parking The circulation and parking space layout meets the requirements set forth in Lake Elsinore Municipal Code Chapter 17 66 (Parking Requirements) Wlule the Municipal Code does not list a specific number of parking spaces required for recreational vehicle parks, staff consulted several municipalities regarding onsite parking requirements for recreational vehicle parks and found that one (1) automobile parking space per RV space was the overall standard A total of eight - hundred and four (804) parking spaces will be provided onsite which far exceeds the minimum recommendation Therefore staff believes the proposed number of onsite parking spaces is sufficient for the facility to operate efficiently Architecture The architectural design and elements utilized for the various buildings and structures throughout the park are consistent with the Architectural Design Guidelines listed in AGENDA ITEM 3 PAGE OF PLANNING COMMISSION STAFF REPORT AUGUST 79 2007 PROJECT TITLE CONDITIONAL USE PERMIT NO 2006 -139 COMMERCIAL DESIGN REVIEW NO 2006 -10 the Community Design Element of the City General Plan Additionally, the architecture has been designed to achieve harmony and compatibility with surrounding commercial, office, residential and industrial buildings in the vicinity of the protect site The applicant has chosen a Craftsman architectural style for all buildings onsite to achieve an overall theme for the park Correspondingly, a variety of building design features and forms will be accomplished by employing treatments, such as articulated planes along the exterior walls, various window shapes stone veneer, ornamental elements and a variety of rooflmes which will create depth and shadow Landscaping The landscape design for the project site complies with the requirements set forth within Lake Elsinore Municipal Code Sections 17 52 090 and 17 66 100 The proposed landscaping improvements serve to enhance the building designs and soften portions of building elevations Moreover the landscaping improvements provide shade and privacy elements between campsites throughout the park grounds In addition, proposed perimeter plantings and monumentation will serve to enhance the aesthetic experience as motorists and pedestrians pass along the Riverside Drive frontage Colors and Materials The colors and materials proposed for this protect meet the intent of the Architectural Design Guidelines listed in the Community Design Element of the City s General Plan because the colors and materials produce diversity and enhance the proposed Craftsman architectural effects Additionally, the earth tone colors and materials proposed will assist in blending the architecture into the existing landscape ENVIRONMENTAL DETERMINATION Staff has deterrmned that the proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15301, Class 1, Existing Facilities and Section 15303, Class 3, New Construction of Small Structures Therefore no additional environmental clearance is necessary AGENDA ITEM S PAGE ) OF_ PLANNING COMMISSION STAFF REPORT AUGUST 7, 2007 PROJECT TITLE CONDITIONAL USE PERMIT NO 2006 -13, COMMERCIAL DESIGN REVIEW NO 2006 -10 RECOMMENDATION At the time this staff report was prepared the applicant had not yet agreed to all the draft conditions of approval Staff continues to work through the issues with the applicant It is recommended that the Planning Comnussion adopt Resolution No 2007 -_ recommending that the City Council adopt findings that the project is consistent with the Multiple Species Habitat Conservation Plan, Resolution No 2007 _ approving Conditional Use Permit No 2006 -13 and Resolution No 2007 — recommending City Council approval of Commercial Design Review No 2006 10 This recommendation is based upon the Findings, Exhibits A thru ` O and the proposed Conditions of Approval attached to this Staff Report PREPARED BY MATTHEW C HARRIS, SENIOR PLANNER ROLFE M PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT ATTACHMENTS 1 VICINITY MAP 2 PLANNING COMMISSION RESOLUTIONS 3 CONDITIONS OF APPROVAL 4 ACKNOWLEDGEMENT OF DRAFT CONDITIONS OF APPROVAL 5 NOTICE OF EXEMPTION 6 EXHIBITS • REDUCTIONS (8 I/2 x 11) Exhibit A Site Plan Exhibit B Lobby Floor Plan Exhibit C Lobby Elevations _ AGENDA ITEM PAGE 44, OF ^� \A PLANNING COMMISSION STAFF REPORT AUGUST 7, 2007 PROJECT TITLE CONDITIONAL USE PERMIT NO 2006 -13, COMMERCIAL DESIGN REVIEW NO 2006 -10 Exhibit D Recreational Building Floor Plan Exhibit E Recreational Building Elevations Exhibit F Clubhouse Floor Plan Exhibit G Clubhouse Elevations Exhibit H Restroom Floor Plan Exhibit I Restroom Elevations Exhibit J Gatehouse Floor Plan Exhibit K Gatehouse Elevations Exhibit L Laundry Floor Plan Exhibit M Laundry Elevations Exhibit N Grading and Drainage Plan Exhibit O Preliminary Landscaping Plan ■ FULL SIZE PLAN SET AGENDA ITEM 5- PAGES OF TI RESOLUTION NO 2007 -143 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL ADOPTION OF FINDINGS THAT THE LAKE ELSINORE RV RESORT PROJECT IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS Fred Rice of Weststar Communities has submitted applications for Conditional Use Permit No 2006 13 and Commercial Design Review No 2006 -10 (the "Applications or the `Project "), to entitle Property located on the south side of Riverside Drive at its intersection with Lincoln Street (the Property'), and WHEREAS, Section 6 0 of the MSHCP requires that all projects which are proposed on land covered by an MSHCP criteria cell and which require discretionary approval by the legislative body undergo the Lake Elsinore Acquisition Process ( "LEAP ) and a Joint Project Review ( "JPR ") between the City and the Regional Conservation Authority ( "RCA') prior to public review of the project applications, and WHEREAS, Section 6 0 further requires that development projects not within an MSHCP criteria cell must be analyzed pursuant to the MSHCP "Plan Wide Requirements , and WHEREAS, the Applications are discretionary in nature and require review and approval by the Planning Commission and/or City Council, and WHEREAS, the Applications are not within an MSHCP Criteria Cell, Core or Linkage, but are within the Elsinore Plan Area of the MSHCP, and therefore, the Project was reviewed pursuant to the MSHCP "Plan Wide Requirements , and WHEREAS, Section 6 0 of the MSHCP requires that the City adopt consistency findings prior to approving any discretionary project entitlements for development of property that is subject to the MSHCP, and WHEREAS, the Planning Commission has been delegated with the responsibility of making recommendations to the City Council regarding the consistency of discretionary entitlements with the MSHCP, and WHEREAS, public notice of the Applications has been given and the Planning Commission has considered evidence presented by the Community AGENDA ITEM NO PAGE .-OF PLANNING COMMISSION RESOLUTION NO 2007 -143 PAGE 2 OF 5_ Development Department and other Interested parties at a public hearing held with respect to this item on August 7, 2007 NOW, THEREFORE THE PLANNING COMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS SECTION 1 The Planning Commission has considered the Applications and their consistency with the MSHCP prior to making a recommendation that the City Council find the Applications consistent with the MSHCP SECTION 2 That in accordance with the MSHCP, the Planning Commission makes the following findings 1 The Project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval Pursuant to the City s MSHCP Resolution the Project has been reviewed for MSHCP consistency including consistency with Other Plan Requirements These include the Protection of Species Associated with Riparian /Riverine Areas and Vernal Pool Guidelines (MSHCP § 61 2) Protection of Narrow Endemic Plant Species Guidelines (MSHCP § 61 3) Urban /Wildlands Interface Guidelines (MSHCP § 614) Vegetation Mapping (MSHCP § 6 31) requirements Additional Survey Needs and Procedures (MSHCP § 6 3 2) Fuels Management Guidelines (MSHCP § 6 4) and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance § 4) 2 The Project is subject to the City's LEAP and the County's Joint Project Review processes The Property is within the MSHCP Elsinore Area Plan but is not located in a Criteria Cell Core or Linkage Therefore a formal LEAP application was not required by the City 3 The Project Is consistent with the Ripanan/Rivenne Areas and Vernal Pools Guidelines AGENDA ITEM NO PAGEttk OF la PLANNING COMMISSION RESOLUTION NO 2007 -143 PAGE 3 OF 5_ The Project involves the rehabilitation of an existing campground facility and no impacts to riparian /riverine areas or vernal pools are expected Further there will be no additional development in areas considered as ,jurisdictional under the US Army Corps of Engineers or California Department of Fish and Game As such the Project is consistent with Section 612 of the MSHCP and no further action is required 4 The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines The Project entails the rehabilitation of an existing facility and is not located within the NEPSSA as shown on Figure 6 -1 of the MSHCP Therefore the Project is compliant with MSHCP Section 61 3 5 The Project is consistent with the Urban/Wildlands Interface Guidelines Section 61 4 of the MSHCP sets forth guidelines which are intended to address indirect effects associated with locating development in proximity to the MSHCP Conservation Area where applicable To minimize Edge Effects guidelines shall be implemented in conjunction with review of individual public and private development projects in proximity to the MSHCP Conservation Area The Property is located adjacent to the lake and is considered to be Public /Quasi - Public land under the MSHCP The Project will be conditioned to prevent additional impacts to water quality related to toxins lighting noise and invasive species Therefore the project is consistent with Section 61 4 of the MSHCP and no further action is required 6 The Protect is consistent with the Vegetation Mapping requirements No circumstances for which vegetation is required are applicable to the Project The Project is consistent with MSHCP Section 6 3 1 7 The Project is consistent with the Additional Survey Needs and Procedures The Property is outside of any Criteria Area Species Survey Area for plants amphibians and mammals and no Criteria Area Species Survey Area plant species were observed during site surveys The Property occurs within the AGENDA ITEM NO _35 PAGE" OF 13 PLANNING COMMISSION RESOLUTION NO 2007 -143 PAGE 4 OF 5_ burrowing owl survey area No owls were observed during surveys onsite Therefore the Project is consistent with MSHCP Section 6 3 2 8 The Project is consistent with the Fuels Management Guidelines As discussed above the existing campground is located adjacent to the lake Because the site is an existing campground facility and there is no brush or other vegetation subject to fuels management any further action related to Section 6 4 is not applicable to the Project 9 The Project will not be conditioned to pay the City's MSHCP Local Development Mitigation Fee The applicant will be conditioned to pay the City s MSHCP Local Development Mitigation Fees since the project is an existing campground use 10 The proposed project overall is consistent with the MSHCP For the reasons stated above the Project is consistent with the MSHCP SECTION 3 Based upon all of the evidence presented, both written and testimonial, the above findings and the conditions of approval imposed upon each of the Lake Elsinore RV Resort Applications, the Planning Commission hereby recommends that the City Council find the Applications consistent with the MSHCP SECTION 4 This Resolution shall take effect from and after the date of its passage and adoption AGENDA ITEM NO PAGE (kck OF—a PLANNING COMMISSION RESOLUTION NO 2007 -143 PAGE 5 OF 5_ PASSED, APPROVED AND ADOPTED this seventh day of August, 2007, by the following vote AYES COMMISSIONERS NOES COMMISSIONERS ABSENT COMMISSIONERS ABSTAIN COMMISSIONERS O'NEAL, GONZALES, FLORES, MENDOZA, ZANELLI Michael O Neal, Chairman Lake Elsinore Planning Commission Rolfe M Preisendanz, Director of Community Development AGENDA ITEM NO 3� PAGE 50 OF ]� RESOLUTION NO 2007 -144 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING A LAND USE CONSISTENCY DETERMINATION AND APPROVING CONDITIONAL USE PERMIT NO 2006 -13 WHEREAS, Fred Rice of Weststar Communities Inc filed an application with the City of Lake Elsinore requesting a land use consistency determination to allow recreational vehicle parks and campgrounds as a conditional use in the Commercial Park (C P) zoning district and approval of Conditional Use Permit No 2006 -13, for the establishment of a three hundred seven space recreational vehicle park with associated amenities (the Property ), and WHEREAS, the subject property is located on the south side of Riverside Drive at its intersection with Lincoln Street (APN 379 120 007,008 & 379 -100 002,015) (the "Property"), and WHEREAS, the City of Lake Elsinore recognizes that certain uses have operational characteristics that, depending upon the location and design of the use, may have the potential to negatively impact adjoining properties, businesses or residents and therefore are permitted subject to the issuance of a conditional use permit, which allows the City to comprehensively review and approve the use, and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of considering and approving, conditionally approving, or denying conditional use permits, and WHEREAS, on August 7, 2007, at a duly noticed public hearing the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS SECTION 1 The Planning Commission has considered the proposed Conditional Use Permit No 2006 -13 and finds that the requirements of Chapter 17 74 of the Lake Elsinore Municipal Code have been satisfied SECTION 2 The Planning Commission hereby finds and determines that the Project is categorically exempt from the California Environmental Quality Act AGENDA rrEMNO 3 5 \ aS PACE _ PLANNING COMMISSION RESOLUTION NO 2007 -144 PAGE 2 OF 5 (Cal Pub Res Code §§ 21000 et seq CEQA ) and the State Guidelines for Implementation of CEQA (14 CC R §§ 15000 et seq 'CEQA Guidelines ) pursuant to a Class 1 and Class 3 categorical exemption A Class 1 categorical exemption (CEQA Guidelines Section 15301) may be applied to those projects consisting of the operation repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of use beyond that existing at the time of the lead agency's deterimnation Here, the Project involves the repair and Honor alteration of the Lake Elsinore campground Repair and minor alteration of the campground will involve a negligible expansion Iof an existing use It is understood that the boat launch facility and vacant parcel to the west of the Property are not part of the Project The existing facilities on the Property have been and will continue to be compatible with existing and adjacent uses The purpose of the Protect is to restore and rehabilitate the detenoratmg structures and mechanical equipment to meet current standards of public health and safety Additions to existing structures are contemplated but do not exceed 10,000 square feet The protect is in an area where all public services and facilities are available, and the area is not environmentally sensitive Once asbestos and lead inspections are completed, demolition of the existing structures can occur A Class 3 categorical exemption (CEQA Guidelines 15303) is applicable to projects involving the construction and location of limited numbers of new, small facilities or structures, installation of small new equipment and facilities in small structures, and the conversion of existing small structures from one use to another where only mmor modifications are made in the exterior of the structure As mentioned above, the Protect involves the construction of linuted numbers of new, small facilities or structures, not to exceed four such commercial buildings and not to exceed 10,000 square feet in floor area To the extent that this activity is not covered by a Class 1 exemption, it is covered by a Class 3 exemption In addition to the reconstruction of existing facilities, the protect may also include accessory structures including patios, swimming pools, fences and/or maintenance sheds All structures to be built are above the U S Army Corps of Engineers jurisdictional water elevation of 1260' MSL There will also be no fill material below the 100 -years flood plain elevation of 1,263 3' MSL There will be no AGENDA ffEM NO '35- PAGE Sa. Or i PLANNING COMMISSION RESOLUTION NO 2007 -144 PAGE 3 OF 5 additional traffic impacts resulting from construction or operations of the new small facilities or structures There is one potentially historic building located within the Project's boundaries Currently, the City is working with the Lake Elsinore Historical Society to determine the cultural significance of this building Until an agreement is reached, this building will be fenced and avoided during all future construction and operational activities Furthermore the Protect does not meet any of the exceptions pursuant to Section 15300 2 which provides several additional exceptions to the use of categorical exemptions The project will not result in damage to scenic resources, including trees (except those dead or dying), and is not located on any site compiled pursuant to Government Code section 65962 5 (hazardous and toxic waste sites) Landscaping with native plants will be required as part of the proposed project, where appropriate SECTION 3 That in accordance with State Planning and Zoning Law and the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for approval of CUP 2006 13 1 The proposed use, on its own merits and within the context of its setting, is in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located Issuance of this Conditional Use Permit wall facilitate the creation of a well balanced and functional mix of residential commercial industrial open space recreational and institutional land uses The proposed land use conforms to the objectives of the General Plan and the purpose of the planning distract in which the site is located 2 The proposed use will not be detrimental to the general health, safety comfort or general welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to Property or improvements in the neighborhood or the City All applicable City departments and agencies have been afforded the opportunity to review the use permit and their comments have been addressed in the conditions of approval attached to the staff report for this Project Conditions have been applied relating to the installation and maintenance of landscaping walls regulations of points of vehicular AGENDA ITEM NO 3J- PAcE-55—oF-313— PLANNING COMMISSION RESOLUTION NO 2007 -144 PAGE 4 OF 5 ingress and egress and control of potential nuisance The Project will not result in any negative impacts to the general health safety comfort or welfare of the surrounding neighborhood or the City 3 The site for the intended use is adequate in size and shape to accommodate the use and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by Title 17 of the Lake Elsinore Municipal Code The proposed recreational vehicle park use has been designed in consideration of the size and shape of the Property thereby strengthening and enhancing the immediate commercial area Further the Project will complement the quality of existing development and will create a visually pleasing non - detractive relationship between the proposed and existing projects in that the fatality design has been reviewed to ensure adequate provision of screening from the adjacent properties 4 The site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use The recreational vehicle park use has been reviewed in relation to the width and type of pavement needed to carry the type and quantity of traffic generated The City has adequately evaluated the potential impacts associated with the proposed facility prior to its approval and has conditioned the Project to be served by roads of adequate capacity and design standards to provide reasonable access by car and truck 5 In approving the subject use, there will be no adverse affect on abutting property or the peramtted and normal use thereof The proposed use has been thoroughly reviewed and conditioned by all applicable City departments and outside agencies eliminating the potential for any and all adverse effects on the abutting property 6 Adequate conditions and safeguards pursuant to Lake Elsinore Municipal Code Section 17 74 50 have been incorporated into the approval of the Conditional Use Permit to insure that the use continues in a manner envisioned by these findings for the term of the use AGENDA ITEM NO PAGE _S __OF�_ PLANNING COMMISSION RESOLUTION NO 2007 -144 PAGE 5 OF 5 Pursuant to Lake Elsinore Municipal Code Section 17 74 050 the Project has been scheduled for consideration by the Planning Commission at the regularly scheduled meeting on August 7 2007 SECTION 4 Based upon the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby approves Conditional Use Permit No 2006 -13 SECTION 5 This Resolution shall take effect from and after the date of its passage and adoption PASSED, APPROVED AND ADOPTED this 7th day of August, 2007, by the following vote AYES COMMISSIONERS NOES COMMISSIONERS ABSENT COMMISSIONERS ABSTAIN COMMISSIONERS ATTEST Rolfe Preisendanz Director of Community Development O'NEAL, GONZALES, FLORES, MENDOZA,ZANELLI Michael O'Neal, Chairman City of Lake Elsinore AGENDA f7EM NO 3� PAGE 55 OF-11__ RESOLUTION NO 2007 -145 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF COMMERCIAL DESIGN REVIEW NO 2006 -10 WHEREAS, Fred Rice of Weststar Communities Inc filed an application with the City of Lake Elsinore requesting approval of Commercial Design Review No 2006 10 for the design remodel and construction of a three hundred seven space recreational vehicle park with related improvements (the Protect ) located on the south side of Riverside Drive at its intersection with Lincoln Street (APNs 379 -120 007, 008 & 379 -100 -002, 015), and WHEREAS, the Planning Commmssion of the City of Lake Elsinore has been delegated with the responsibility of considering and making recommendations to the City Council for commercial design review applications and WHEREAS, on August 7, 2007, at a duly noticed public hearing, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS SECTION 1 The Planning Commmssion has considered the Commercial Design Review prior to making a decision to recommend that the City Council approve the application The Planning Commission finds that the Commercial Design Review satisfies all requirements set forth in Chapter 17 82 of the Lake Elsinore Municipal Code SECTION 2 The Planning Commission hereby finds and determines that the Project is categorically exempt from the California Environmental Quality Act (Cal Pub Res Code §§ 21000 et seq `CEQA ) and the State Guidelines for Implementation of CEQA (14 CC R §§ 15000 et seq CEQA Guidelines') pursuant to a Class 1 and Class 3 categorical exemption A Class 1 categorical exemption (CEQA Guidelines Section 15301) may be applied to those protects consisting of the operation, repair, maintenance, permitting leasing, licensing or minor alteration of existing public or private AGENDA ITEM ND.-3� PAGE 56 OF PLANNING COMMISSION RESOLUTION NO 2007 —145 PAGE 2 OF 5 structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of use beyond that existing at the time of the lead agency s determination Here, the Project involves the repair and minor alteration of the Lake Elsinore campground Repair and minor alteration of the campground will involve a negligible expansion of an existing use It is understood that the boat launch facility and vacant parcel to the west of the Property are not part of the Project The existing facilities on the Property have been and will continue to be compatible with existing and adjacent uses The purpose of the Project is to restore and rehabilitate the deteriorating structures and mechanical equipment to meet current standards of public health and safety Additions to existing structures are contemplated but do not exceed 10,000 square feet The project is in an area where all public services and facilities are available, and the area is not environmentally sensitive Once asbestos and lead inspections are completed, demolition of the existing structures can occur A Class 3 categorical exemption (CEQA Guidelines 15303) is applicable to projects involving the construction and location of limited numbers of new, small facilities or structures, installation of small new equipment and facilities in small structures, and the conversion of existing small structures from one use to another where only rmnor modifications are made in the exterior of the structure As mentioned above, the Protect involves the construction of limited numbers of new, small facilities or structures, not to exceed four such commercial buildings, and not to exceed 10,000 square feet in floor area To the extent that this activity is not covered by a Class 1 exemption, it is covered by a Class 3 exemption In addition to the reconstruction of existing facilities, the project may also include accessory structures including patios, swimming pools, fences, and/or maintenance sheds All structures to be built are above the U S Army Corps of Engineers jurisdictional water elevation of 1,260' MSL There will also be no fill material below the 100 year flood plain elevation of 1 263 3' MSL There will be no additional traffic impacts resulting from construction or operations of the new small facilities or structures There is one potentially historic building located within the Project's boundaries Currently, the City is working with the Lake Elsinore Historical Society to determine the cultural significance of this building Until an agreement is reached, AGENDA ITEM NO PAGE 5-1—QF 11 PLANNING COMMISSION RESOLUTION NO 2007 —145 PAGE 3 OF 5 this building will be fenced and avoided during all future construction and operational activities Furthermore, the Project does not meet any of the exceptions pursuant to Section 15300 2 which provides several additional exceptions to the use of categorical exemptions The project will not result in damage to scenic resources, including trees (except those dead or dying), and is not located on any site compiled pursuant to Government Code section 65962 5 (hazardous and toxic waste sites) Landscaping with native plants will be required as part of the proposed project, where appropriate SECTION 3 That in accordance with State Planning and Zoning Law and the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of Commercial Design Review 2006 -10 1 The Project, as approved, will comply with the goals and objectives of the General Plan, Specific Plan and the Zoning District in which the Project is located The Project complies with the goals and objectives of the General Plan because it will assist in achieving the development of a well balanced and functional max of residential commercial industrial open space recreational and institutional land uses The Project will serve to greater diversify and expand Lake Elsinore s economic base and recreational opportunities for community residents and tourists alike 2 The Protect complies with the design directives contained in the General Plan Urban Design Element and all other applicable provisions of the Lake Elsinore Municipal Code The Project is appropriate to the site and surrounding developments in that the recreational vehicle park has been designed in consideration of the size and shape of the property Sufficient setbacks and enhanced onsate landscaping have been provided thereby creating interest and varying vistas as a person moves along abutting streets and within the facility In addition safe and efficient circulation has been achieved onsate The Project will compliment the quality of existing development and will create a visually pleasing non - detractive relationship between the proposed development and existing projects through the use of a uniform architectural design theme within the facility that compliments surrounding design AGENDA ITEM NO 3 PAGE '% �� PLANNING COMMISSION RESOLUTION NO 2007 —145 PAGE 4 OF 5 improvements A variety of materials and colors are proposed including architectural stone accents wood siding and earth tone colors that blend with surrounding developments and provide evidence of a concern for quality and originality as well as supporting the Craftsman Architectural Design 3 Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts The PrQlect was reviewed and conditioned by all applicable City departments to ensure that the proposed recreational vehicle park compliments existing development in the area creates the least amount of disturbance and does not negatively impact the residents or businesses of Lake Elsinore The PrQlect is categorically exempt from CEQA provisions and will not have a significant effect on the environment 4 Conditions and safeguards pursuant to Chapter 17 82 070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Protect to ensure development of the property in accordance with the objectives of Chapter 1782 Pursuant to Section 17 82 070 of the Lake Elsinore Municipal Code the Project has been scheduled for consideration and approval of the Planning Commission on August 7 2007 SECTION 4 Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Protect, the Planning Commission hereby recommend that the City Council approve Commercial Design Review 2006 -10 SECTION 5 This Resolution shall take effect from and after the date of its passage and adoption AGENDA Inm NO 3u PAGE --5ft-OF PLANNING COMMISSION RESOLUTION NO 2007 —145 PAGE 5 OF 5 PASSED, APPROVED AND ADOPTED this 7th day of August 2007, by the following vote AYES COMMISSIONERS NOES COMMISSIONERS ABSENT COMMISSIONERS ABSTAIN COMMISSIONERS ATTEST Rolfe M Preisendanz Director of Community Development WNEAL, GONZALES, FLORES, MENDOZA, ZANELLI Michael O'Neal, Chairman City of Lake Elsinore AGENDA M&I NO --1� PAGfi 6.� FL33- City of Lake Elsinore Plami g Dtvuwn 130 S Main Street Lake Bls note CA 92530 (909) 674 3124 (909) 471 1419 fax Notice of Exemption Filed With ❑ Office of Planning and Research 0 County Clerk of Riverside County 1400 Tenth Street Room 121 2724 Gateway Drive Sacramento CA 95814 Riverside, CA 92507 Project Title Lake Elsinore RV Resort (APN 379 120 - 007 008 & 379 100 -002 015) Project Location (Specific) The proposed project is located on the south side of Riverside Drive at its intersection with Lincoln Street Project Location (at)) Cityof Lake Elsinore Project Location (County) Riverside County Description of Nature Purpose and Beneficiaries of Project The applicant is requesting a land use consistency determination for recreational vehicle parks and campgrounds as a conditional use within the Commercial Park (CV) zoning district, a conditional use permit and commercial design review for the remodeling and renovation of an existing Gry owned recreational vehicle park and campground on an 85 9 acre site The proposed project has a General Plan designation of Specific Plan I and a Zoning designation of CP (Commercial Park) & R (Recreation) Name of Public Agency Approving Project City of Lake Elsinore Name of Person / Agency Administrating Project Matt Harris Semor Planner City of Lake Elsinore Exempt Status ❑ Mmistenal (Section 15073) ❑ Declared Emergency (Section 15071(a)) ❑ Emergency Project (Section 15071 (b) and (c)) ❑O Categorical Exemption (state type and section number) Article 19 Categorical Exemptions Section 15301 Class I& Section 15303 Class 3 Existing Facilities & New Constnictron or Conversion of Small Structures Reasons why project a exempt Thus project meets the requirements pursuant to Sections 15301 & 15303 of the California Environmental Quality Act (CEQA) Contact Person Matt Hams Semor Planner Signed. Rolfe M. Preisendanz Telephone Number (951) 67+3124 x 295 Title Director of CommumtyDevelopment AGENDA ITEM Lo 3� F PAGE. AUG -02 -2007 00 53 PM SUNSTONE 0056SO1 --1 P ACKNOWLEDEGEMENT OF DRAFT CONDITIONS RE Lake Elsinore RV Resort Renovation (CUP 2006 13 & C2006 10) I hereby state that I /We acknowledge the draft Conditions of Approval for the above named project I /We understand that these are draft conditions only and do hereby agree to accept and abide by all final conditions prescribed by the City of Lake Elsinore staff as set forth in the attachments to the approval letter that will be sent after final project approval All final conditions shall be met prior to Issuance of permits or prior to the first Certificate of Occupancy or otherwise indicated in the Conditions subject to the approval of the Community Development Director of the City of Lake Elsinore Date - Applicants Signature Print Name _ f y C Addressg��U o �� Phone Number '905 - V V fs4r 8v5 �88-gi97 AGENDA if 4 PAS — a of 1 M. C r— z o(')m WWI p = m C) -A U) (f) m m mD 00p. 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° / \I /� |, || -�. -3z� KoE�oF E -' � - -- Ear --I -, Y r- 0 c g� Pas$ik,�s �g sa S � x s � z f 9 � a F P r 9 /� / , I I f t �i P � Ya -0 4FE ¢¢ Sa O C P A �L6 q S CCn L� a = 0 £� 2 Z 0 3 1 E m a q� 3 EEg 3 4 f z f z m 'Ell, L C ^ ACENDAMMO Cpl Z It= al✓ I P IaP I$ � lkjjlF l�1.1 , I€ P I;�y!' �E Pace ?l o 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 AUGUST 28, 2007 SUBJECT COMMERCIAL DESIGN REVIEW NO 2007 -11 FOR A PROPOSED "SHELL" RETAIL BUILDING AND FAST FOOD RESTAURANT WITH A DRIVE- THROUGH LOCATED AT 29541 CENTRAL AVENUE (APN 377 -060- 016) APPLICANT MARK RABER/TARLOS AND ASSOCIATES, 17802 MITCHELL NORTH, IRVINE, CA 92614 OWNER BILL STEVENSONIUNITED GROWTH, 120 HOWARD STREET, #450, SAN FRANCISCO, CA 94105 LOCATION The project site is located northwest of the Central and Collier Avenues intersection, within the Lake Elsinore Square Home Depot Shopping Center The applicant is requesting a Commercial Design Review consideration for the design and construction of a 4 000 square foot "shell' retail building and fast food restaurant with a drive- through on a 28 acre vacant site on Pad B within the existing Lake Elsinore Square Shopping Center The project site is located within the C 2 (General Commercial) Zoning district and has a General Plan designation of General Commercial BACKGROUND On July 13, 2004 the City Council of the City of Lake Elsinore approved by Resolution the design and establishment of the Lake Elsinore Square Shopping Center AGENDA ITEM NO ---�- �'- REPORT TO THE CITY COUNCIL AUGUST 28, 2007 PAGE 2 OF 3 Entitlements granted for the 212 acre project site included certification of the Lake Elsinore Square Environmental Impact Report a Tentative Parcel Map, a Commercial Design Review, and Conditional Use Permits for the Center The subdivision of the site created seven (7) lots At present, "pad b" is the only remaining vacant lot along Collier Avenue The applicant submitted an application for a Commercial Design Review and a Conditional Use Permit (CUP) to the Community Development Department The Commercial Design Review is necessary to ensure that all projects conform and are consistent with the City's General Plan Architectural Design Guidelines The Conditional Use Permit, was approved by the Planning Commission necessary to allow for the proposed drive through operation DISCUSSION The project was presented to the City of Lake Elsinore Planning Commission on August 7, 2007 for review and consideration Items for discussion at this meeting included landscaping and architectural enhancements The Planning Commission expressed satisfaction with the proposed project and voted unanimously to recommend that the City Council adopt consistency findings with Multiple Species Habitat Conservation Plan (MSHCP) and adopt a resolution approving the Commercial Design Review FISCAL IMPACT Ultimately the proposed project will have a positive fiscal impact to the existing commercial area and to the City in that the protect will generate increased sales tax revenue and will expand the availability of job opportunities within the City RECOMMENDATION The Planning Commission recommends that the City Council adopt the following Resolutions • Resolution No 2007 jo3 adopting Findings of Consistency with the Multiple Species Habitat Conservation Plan (MSHCP), and AGENDA ITEMf NO PAGE al OF 50 REPORT TO THE CITY COUNCIL AUGUST 28, 2007 PAGE 3 OF 3 • Resolution No 20071 (vgapproving Commercial Design Review No 2007 11 Staff recommends that the Redevelopment Agency Board concur with the City Council PREPARED BY KIRT A COURY, PROJECT PLANNER APPROVED FOR AGENDA BY MANAGER' ATTACHMENTS 1 Vicinity Map 2 City Council Resolution No 2007 lb3adoptmg Findings of Consistency with the Multiple Species Habitat Conservation Plan (MSHCP) 3 City Council Resolution No 2007 Mapprovmg Commercial Design Review No 2007 -11 4 Conditions of Approval 5 Planning Commission Staff Report with Exhibits dated August 7 2007 AGENDA ITEM NO 36 PAGE--2--OF-5-04- VICINITY MAP LAKE ELSINORE SQUARE PAD "B" CITY COUNCIL AGENDA ITEM NO PAGE---4_0° $O RESOLUTION NO 2007- 1 h3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) FOR THE RETAIL G °SHELL" AND RESTAURANT BUILDING LOCATED AT 29541 COLLIER AVENUE WHEREAS, Tarlos and Associates has filed an application with the City of Lake Elsinore requesting approval of Commercial Design Review 2007 11 for a 4,000 square foot retail shell building and restaurant with an associated drive thru (the ` Project ), and WHEREAS, the total area of the Project Site is 0 28 acre and is generally located at the northwest corner of the Central and Collier Avenues, within the existing Lake Elsinore Square Shopping Center (APN 377 060 016) (the Project Site ), and WHEREAS, Section IV of Resolution No 2004 -11a, a Resolution of the City Council establishing procedures and requirements for the implementation of the Western Riverside County MSHCP, expressly exempts projects with vested development rights from processing under the MSHCP and WHEREAS, public notice of the Project has been given, and the City Council has considered the Planning Commission's recommendation and evidence presented by the Community Development Department and other interested parties at a public meeting held with respect to this item on August 28, 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 Project in the context of the City s adopted Implementing Resolution prior to finding the Project exempt from the MSCHP SECTION 2 That in accordance with the Lake Elsinore Municipal Code and the MSHCP, the City Council hereby finds and determines that the Lake Elsinore Square Shopping Center was approved by the City Council in 2004 before the MSHCP became effective and the Project has a vested right to develop Pad B has already been graded and is ready to be built There is no potential value for AGENDA ITEM ND 3 PAGE_5_0F SO CITY COUNCIL RESOLUTION NO 2007-_ PAGE 2 OF 3 species or habitat on the Project Site Pursuant to the City's MSHCP Implementing Resolution, this Project is exempt from the MSHCP SECTION 3 According to the MSHCP Fee Ordinance, the Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee SECTION 4 Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the City Council hereby finds the Protect exempt from the MSHCP SECTION 5 This Resolution shall take effect from and after the date of its passage and adoption PASSED, APPROVED AND ADOPTED this 28`" day of August 2007, by the following vote AYES COUNCILMEMBERS NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS Robert Magee, Mayor City of Lake Elsinore ATTEST Michelle Soto Interim City Clerk AGENDA ITEM No 3ky PACE OF 50 I CITY COUNCIL RESOLUTION NO 2007 -_ PAGE 3 OF 3 APPROVED AS TO FORM Barbara Zeid Leibold, City Attorney City of Lake Elsinore (SEAL) AGENDA TMM NO � PAGE--I—O;: RESOLUTION NO 2007- 1A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO 2007 -11 FOR THE ESTABLISHMENT OF A RETAIL "SHELL" BUILDING AND RESTAURANT BUILDING WITH ASSOCIATED DRIVE- THROUGH LOCATED AT 29541 COLLIER AVENUE WHEREAS, Tarlos and Associates, has initiated proceedings for Commercial Design Review No 2007 11 for the design and construction of a 4,000 square foot `shell' retail and restaurant building with associated drive- through located on Pad "B of the existing Lake Elsinore Square Shopping Center (the "Project ), which is generally located at the northwest corner of Central and Collier Avenues (APN 377 060 016), and WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on August 7, 2007 made its report upon the desirability of the proposed project and made its recommendations in favor of the project by adopting Planning Commission Resolution No 2006 -142 recommending to the City Council approval of Commercial Design Review No 2007 11, and WHEREAS, pursuant to the California Environmental Quality Act (Cal Pub Res Code §§ 21000 et seq CEQA ") and the CEQA Guidelines (14 C C R §§ 15000 et seq ) 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(a) states that "When an EIR has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency detercmnes, on the basis of substantial evidence in the light of the whole record, one or more of the following 1 Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a AGENDA ITEM NO PAGE,___ OF 50 CITY COUNCIL RESOLUTION NO 2007-. PAGE 2 OF 6 substantial increase in the seventy of previously identified significant effects, 2 Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the seventy of previously identified significant effects, or 3 New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration, (B) Significant effects previously examined will be substantially more sever than shown in the previous EIR, (C) Mitigation measures or alternatives previously found not the be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project but the project proponents decline to adopt the mitigation measure or alternative, or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative , and WHEREAS a Project Environmental Impact Report (State Clearinghouse No 2004031090) was prepared and certified in 2004 for the Lake Elsinore Square Shopping Center and evaluated environmental impacts that would result from development of the shopping center, which included Pad B, where the Project will be located and AGENDA ITEM NO 34 PAGE _OF 50 CITY COUNCIL RESOLUTION NO 2007-_ PAGE 3 OF 6 WHEREAS, the Project does not present substantial changes or new information regarding the potential environmental impacts of development, and WHEREAS, notice of the Project has been given, and the City Council has considered the Planning Commission's recommendation and evidence presented by the Community Development Department and other interested parties at a public meeting held with respect to this item on August 28, 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 request for Commercial Design Review No 2007 11 and has found it consistent with the design standards set forth in section 17 48 130 of the Lake Elsinore Municipal Code ( LEMC ") for the C -2 General Commercial District SECTION 2 The City Council finds and determines that in accordance with CEQA Guidelines Section 15162, the Project does not present a substantial change or new information that would require further CEQA analysis The environmental impacts associated with development of the Project were contemplated by the Lake Elsinore Square EIR and were fully analyzed and mitigated therein No new CEQA documentation is necessary for the Project SECTION 3 That in accordance with LEMC Chapter 17 82, the City Council makes the following findings for the approval of Commercial Design Review 2007 11 1 The Project as approved will comply with the goals and objectives of the General Plan, Specific Plan and the Zoning District in which the Project is located The Project complies with the goals and objectives of the General Plan an that the approval of this shell retail and restaurant building will assist an achieving the development of a well balanced and functional max of residential commercial industrial open space recreational and institutional land uses The Project will serve to diverse and expand Lake Elsinore s economic base AGENDA ITEM No 34 PAGE 10 OF S��_ CITY COUNCIL RESOLUTION NO 2007-_ PAGE 4 OF 6 The General Plan designation for the Project site is General Commercial The primary purpose of areas designated General Commercial is to provide a wide range of retail and service activities including department stores restaurants hotels theaters ofces and specialized areas General Commercial areas are intended to be of high quality design are expected to be pedestrian oriented and shall contain sufficient off-street parking The zoning designation for the Project Site is C -2 (General Commercial) The intent of the C -2 Distract is to reserve appropriate locations consistent with the General Plan to accommodate a full range of retail stores offices personal and business services establishments offering commodities and services scaled to meet the needs of residents of the entire City 2 The Project complies with the design directives contained in the General Plan Urban Design Element and all other applicable provisions of the Lake Elsinore Municipal Code The proposed shell retail and restaurant building is appropriate to the Project Site and surrounding developments taking into account size and shape of the property Sufficient setbacks and enhanced onsite landscaping have been provided thereby creating interest and varying vistas as a person moves along abutting streets and within the center In addition safe and efficient circulation has been achieved onsite The Project will compliment the quality of existing development and will create a visually pleasing non - detractive relationship between the proposed development and existing projects in that the applicant is providing a Timeless Contemporary architectural design with various elements which serve to enhance the buildings within the shopping center Moreover a variety of materials and colors are proposed including architectural stone and slate tile accents and earth tone colors that serve to blend with surrounding developments and provide evidence of a concern for quality and originality 3 Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts The Project was reviewed and conditioned by all applicable City departments to ensure that the shell retail and restaurant building blends into existing development creates the least amount of disturbance and does AGENDA ITEM NO ale PAGE k` ONO _ CITY COUNCIL RESOLUTION NO 2007 -_ PAGE 5 OF 6 not negatively impact the residents or businesses of Lake Elsinore The Project will not result in any significant adverse environmental impacts 4 Conditions and safeguards pursuant to Chapter 17 82 070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Chapter 1782 Pursuant to Section 17 82 070 of the Lake Elsinore Municipal Code the Project has been scheduled for consideration and approval of the City Council on August 28 2007 SECTION 4 Based upon the evidence presented, the above findings, and the attached conditions of approval imposed upon the Project, the City Council hereby approves Commercial Design Review 2007 -11 SECTION 5 This Resolution shall take effect from and after the date of its passage and adoption PASSED, APPROVED AND ADOPTED this 28th day of August, 2007, by the following vote AYES COUNCILMEMBERS NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS ATTEST Michelle Soto, Interim City Clerk Robert Magee, Mayor City of Lake Elsinore AGENDA MM NO 34 PAGE Q _OF- So CITY COUNCIL RESOLUTION NO 2007 -_ PAGE 6 OF 6 APPROVED AS TO FORM Barbara Zeid Leibold, City Attorney City of Lake Elsinore (SEAL) AGENDA CMM NO CC,,�� PAGE��O¢� CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL PROJECT NAME CONDITIONAL USE PERMIT NO 2007 -11, AND COMMERCIAL DESIGN REVIEW NO 2007 -08, FOR THE PROPOSED SHELL BUILDING TO INCLUDE A RETAIL "SHELL" BUILDING AND FAST FOOD RESTAURANT WITH A DRIVE THROUGH LOCATED AT 29541 CENTRAL AVENUE (APN'S 377 - 060 -016) PLANNING General Conditions 1 The applicant shall defend (with counsel acceptable to the City) indemnify, and hold harmless the City its Officials Officers Employees, and Agents from any claim action, or proceeding against the City, its Officials, Officers, Employees or Agents to attach set aside void or annul an approval of the City, its advisory agencies, appeal boards or legislative body concerning the Commercial Design Review and Conditional Use Permit (Lake Elsinore Square Pad `B ) project attached hereto 2 The applicant shall place a weatherproof 3 x 3' sign at the entrance to the project site identifying the approved days and hours of construction activity and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division at (951) 674 -3124 3 All Conditions of Approval shall be reproduced upon page one of building plans submitted to the Building and Safety Division for Plan Check 4 Prior to issuance of any grading or building permits the applicant shall sign and complete an 'Acknowledgement of Conditions,' and shall return the executed original to the Community Development Department for inclusion in the case records AGENDA ITEM MD 24 PAGE -G¢ Planning Commission City Council August 7 2007 August 28 2007 5 The Applicant shall comply with all requirements of the City's Grading Ordinance Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code Chapter 15 72 and using accepted control techniques Interim erosion control measures shall be provided thirty (30) days after the site's rough grading as approved by the City Engineer 6 The Applicant shall comply with the City's Noise Ordinance Construction activity shall be limited to the hours of 7 00 AM to 5 00 PM Monday through Friday and no construction activity shall occur on Saturdays, Sundays or legal holidays 7 The proposed location of onsite construction trailers shall be approved by the Director of Community Development or Designee A cash bond of $1,000 00 shall be required for any construction trailers placed on the site and used during construction Bonds will be released after removal of trailers and restoration of the site to an acceptable state subject to the approval of the Director of Community Development or designee 8 The applicant shall comply with all applicable City codes and ordinances 9 The applicant shall extend the building entrances (along the north elevation) approximately seven feet (7'), to the edge of the parking lot, to create a covered pedestrian entrance, subject to the approval of the Director of Community Development or designee 10 The applicant shall provide a low screen wall with decorative cap located along the drive -thru lane Said wall shall match the color and materials of existing walls within the Lake Elsinore Square Shopping Center subject to the approval of the Director of Community Development or designee 11 All landscaping shall be installed as indicated on the proposed Preliminary Landscape plan Any proposed changes shall be subject to the review and approval of the Director of Community Development or designee 12 The split face block to be used for the proposed trash enclosure shall match the color of all other split face block on site and within the Lake Elsinore Square Shopping Center AGENDA I7EtA NO �4 PAGE 15 OF S Planning Comnussion City Council August 7 2007 August 28 2007 13 All proposed landscaping shall be installed and an automatic irrigation shall be fully operational, prior to the issuance of a certificate of occupancy Conditional Use Permit No 2007 -11 14 The Conditional Use Permit approved herein shall lapse and shall become void one (1) year following the date on which the use permit became effective unless prior to the expiration of one (1) year a building permit is issued and construction commenced and diligently pursued toward completion on the site 15 The Conditional Use Permit shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 17 unless modified by approved Conditions of Approval 16 The Conditional Use Permit granted herein shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of this approval 17 The applicant shall at all times comply with Section 17 78 (Noise Control) of the Lake Elsinore Municipal Code 18 Necessary traffic circulation signage shall be erected onsite in association with the drive -thru lane Signage shall be reviewed by the Director of Community Development or designee Commercial Design Review No 2007 -11 21 Approval for Commercial Design Review No 2007 -11 will lapse and be void unless building permits are issued within one (1) year following the date of approval 22 Any alteration or expansion of a project for which there has been a "Design Review" approval as well as all applications for modification or other change in the conditions of approval of a "Design Review" shall be reviewed according to the provisions of Chapter 17 82 in a similar manner as a new application AGENDA nm No I PACE It of �_ Planning Comanssion City Council August 7 2007 August 28 2007 23 No structure which has received a "Design Review" or "Minor Design Review" approval shall be occupied or used In any manner or receive a Certificate of Occupancy until the Director of Community Development has determined that all Conditions of Approval have been complied with 24 All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations Revisions to approved site plans or building elevations shall be subject to the review of the Director of Community Development 25 Plan Check shall conform to the submitted plans as modified by Conditions of Approval or by the Planning Commission and/or City Council through subsequent actions 26 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 27 All exterior on -site lighting shall be shielded and directed on -site so as not to create glare onto neighboring property and streets All light fixtures shall compliment the architectural style of the building and shall be reviewed and approved by the Director of Community Development or Designee 28 Applicant shall comply with all ADA (Americans with Disabilities Act) requirements 29 Trash enclosures shall be constructed per City standards as approved by the Director of Community Development or Designee prior to issuance of Certificate of Occupancy 30 No exterior roof ladders shall be permitted 31 All exterior downspouts shall be concealed within the buildings 32 Materials and colors depicted on the plans and materials board shall be used unless approved by the Director of Community Development or designee AGENDA ITEM NO ate PAGE lk OF 50 Planning Cotnmtsston City Council August 7 2007 August 28 2007 33 Parking stalls shall be double - striped with four -inch (4 ") lines two feet (2') apart 34 All exposed slopes in excess of three feet (3') in height shall have permanent irrigation system and installed as approved by the Planning Division, prior to the issuance of a certificate of occupancy 35 On site surface drainage shall not cross sidewalks Prior to Issuance of Building /Grading Permit 36 Prior to issuance of Building Permit the applicant shall submit a photometric study to the Community Development Department for review and approval The study shall show locations of all exterior lighting fixtures and shall verify that a minimum 1 -foot candle of illumination is achieved throughout the onsite parking area Moreover the study shall demonstrate that a minimum of 5 -foot candles is achieved at building entrances 37 Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Director of Community Development or designee, prior to final landscape approval a A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval a All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods b All planting areas shall be separated from paved areas with a six inch (6 ") high and six inch (6 ") wide concrete curb c Plantings within fifteen feet (15') of ingress /egress points shall be no higher than thirty -six inches (36 ") AGENDA ITUA NO % _ PAGE 1b GF 5c0 Planning Commission City Council August 7 2007 August 28 2007 d Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan e Shrubs and vines shall be planted around the onsite trash enclosures to soften the structures f Final landscape plans to include planting and irrigation details g The landscape plan shall provide for ground cover, shrubs and trees and meet all requirements of the City's adopted Landscape Guidelines Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering h All Iandscape improvements shall be bonded 100% for material and labor for one year 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 the Director of Community Development or Designee i All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building Final landscape plan must be consistent with approved site plan J One twenty four inch (24 ) box size tree shall be installed for every five parking spaces within the onsrte parking area k One twenty -four inch (24) box size tree shall be installed for every thirty linear feet (30) of street frontage, selected from the approved City street tree list 38 Prior to issuance of building permits applicant shall provide assurance that any /all required fees to the Lake Elsinore Unified School District have been paid 39 Prior to issuance of building permits, the applicant shall provide assurance that the Public Building Impact Fee has been paid AGENDA ITEM W 3(.0 PAGE, = Planning Commission City Council August 7 2007 August 28 2007 40 Prior to issuance of building permits the applicant shall provide assurance that the Library Capital Improvement Fund fee has been paid 41 Prior to issuance of building permits the applicant shall provide assurance that the Multiple Species Habitat Conservation Plan fees have been paid 42 Prior to issuance of building permits the applicant shall provide evidence that all Riverside County Fire Department standards and requirements have been complied with 43 Prior to issuance of a building permit, the applicant shall provide assurances to the Planning Division that all development fees have been paid ENGINEERING DIVISION General Requirements 51 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 52 All grading shall be done under the supervision of a geotechmcal engineer and all slopes steeper than 2 to 1 for stability and proper erosion control shall be certified 53 An Encroachment Permit shall be obtained prior to any work on City or State right of way 54 The applicant shall pay all applicable development fees, including but not all inclusive TUMF MSHCP TIF and area drainage fees 55 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 AGENDA ITEM NO 3(o PAGE OF 50 Planrung Commission City Council August 7 2007 lugust 28 2007 56 In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR &R Inc for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition clear and grubbing or all other phases of construction 57 All on site drainage shall be conveyed to a public facility accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement 58 All natural drainage traversing the site shall be conveyed through the site or shall be collected and conveyed by a method approved by the City Engineer 59 All roof drains shall not be allowed to outlet directly through coring in the street curb Roofs should drain to a landscaped area 60 The applicant shall comply with all NPDES requirements in effect including the submittal of an Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board The requirements of WQMP may affect the overall layout of the project Therefore WQMP submittal should be during the initial process of the project 61 Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and met the goals of the BMP in Supplement A in the Riverside County NPDES Drainage Area Management Plan (Required for lot of one acre or more) 62 The applicant shall provide BMP s that will reduce storm water pollutants from parking areas and driveway aisles (Required for lot of one acre or more) 63 The City of Lake Elsinore has adopted ordinances for storm water management and discharge control In accordance with state and federal law these local storm water ordinances prohibit the discharge of waste into storm drain system or local surface waters This includes non storm AGENDA ITEM NO PAGE __h�:0F �jQ City Council August 28 2007 Planning Commission August 7 2007 water discharges containing oil grease detergents, trash, or other waste remains Brochures of "Storm water Pollution, What You Should Know" describing preventing measures are available at City Hall PLEASE NOTE The discharge of pollutants into street, gutters, storm drain system, or waterways - without Regional Water Quality Control Board permit or waver — is strictly prohibited by local ordinances and state and federal law Prior to Issuance of a Grading Permit 64 The applicant shall submit grading plans with appropriate security Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer 65 The grading plan shall show that no structures landscaping or equipment are located near the project entrance that minimizes sight distance standards 66 The applicant shall submit a WQMP for approval by the City Engineer 67 If an applicable construction project access and hauling route shall be submitted and approved by the City Engineer 68 The applicant shall provide soils street design recommendations compliance with recommendations geology and seismic report including Provide final soils report showing 69 The applicant shall obtain and /or provide necessary reciprocal easements for access parking and/or drainage acceptance from the adjacent property owners prior to grading permit issuance 70 The applicant to provide erosion control measures as part of their grading plan The applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement A in the Riverside County NPDES Drainage Area Management Plan 71 The applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System ( NPDES) program with a storm water pollution prevention plan prior to issuance of grading AGrNDA ITEM NO PAGE as Or 50 Planning Comimsston City Council August 7 2007 August 28 2007 permits The applicant shall provide a SWPPP for post construction, which describes BMP's that will be implemented for the development including maintenance responsibilities The applicant shall submit the S WPPP to the City for review and approval Prior to Issuance of Building Permit 72 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 73 The submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location, such as water pressure and volume etc Submit this letter prior to applying for a building permit 74 The applicant shall show that no structures, landscaping, or equipment are located near the project entrance that minimizes sight distance standards 75 The applicant shall pay all Capital Improvement TIF, and Master Drainage Fees and Plan Check fees (LEMC 16 34) 76 The applicant shall pay fair share of the cost of constructing the median improvements on Collier Avenue from Hunco Way to Central Avenue The cost of median improvements shall be based on an Engineers Estimate approved by the City Engineer Note A temporary median delineators on Collier Avenue shall be installed prior to occupancy 77 All plans for signing and striping and traffic control devices on -site shall be approved Prior to Occupancy 78 The applicant pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off site public works improvements (LEMC 12 08 Res 83 -78) All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy AGENDA ITEM NO 3Le PAGE Q�) c- 50 Planning Comnussion City Council August? 2007 August 28 2007 79 All compaction reports grade certifications monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of off site improvements will be scheduled and approved 80 All public improvements shall be completed in accordance with the approved plans to the satisfaction of the City Engineer 81 All water and sewer improvements shall be completed in accordance with Water District requirements 82 The applicant shall provide proof of acceptance of maintenance responsibility of slopes, open spaces, and drainage facilities shall be provided 83 All TUMF fees shall be paid The TUMF fees shall be the effective rate at the time when the Certificate of Occupancy is obtained COMMUNITY SER VICES DEPARTMENT 88 The Developer shall pay park fees in the amount of $0 10 per square foot for all interior commercial space 89 Developer shall participate in the City -wide Landscape and Lighting Maintenance District 90 Developer shall comply with all City Ordinances regarding construction debris removal and recycling as per Section 8 32 of the Lake Elsinore Municipal Code 91 The Developer is to maintain all common landscaped areas RIVERSIDE COUNTY FIRE DEPARTMENT 92 The applicant shall comply with all Riverside County Fire Departments requirements and standards ELSINORE VALLEYMUNICIPAL WATER DISTRICT 93 The applicant shall request a `will serve' letter from the Elsinore Valley Municipal Water District AGENDA ITE4q NO ,�10 PAGE_2�k_GF SO Plantung Conutussion City Council August 7 2007 August 28 2007 CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION TO FROM DATE PROJECT TITLE APPLICANT PROJECT REQUEST CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION ROLFE M PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT AUGUST 7, 2007 CONDITIONAL USE PERMIT NO 2007 -11, AND COMMERCIAL DESIGN REVIEW NO 2007 -11, FOR A PROPOSED "SHELL" RETAIL BUILDING AND FAST FOOD RESTAURANT WITH A DRIVE THROUGH LOCATED AT 29541 CENTRAL AVENUE (APN 377 - 060 -016) MARK RABER/TARLOS AND ASSOCIATES, 17802 MITCHELL NORTH, IRVINE, CA 92614 BILL STEVENSON/UNITED GROWTH, 120 HOWARD STREET, #4509 SAN FRANCISCO, CA 94105 The applicant is requesting a Conditional Use Permit and Design Review consideration for the design and construction of a 4,000 square foot' shell' retail building and fast food restaurant with a drive through on a 28 acre vacant site on Pad "B within the existing Lake Elsinore Square Shopping Center The project site is located within the C -2 (General Commercial District) Zoning district and has a General Plan designation of General Commercial Review is pursuant to Chapter 17 48 (C 2, General Commercial District), Chapter 17 66 (Parking Requirements), Chapter 17 82 (Design Review), Chapter 17 38 (Non AGENDA ITEM PAGE o S OF 50 PLANNING COMMISSION STAFF REPORT AUGUST 7, 2007 PROJECT TITLE CONDITIONAL USE PERMIT NO 2007 -11 AND COMMERCIAL DESIGN REVIEW NO 2007 -119 FOR A PROPOSED RETAIL "SHELL" BUILDING WITH A DRIVE THROUGH RESTAURANT Residential Development Standards), and Chapter 17 74 (Conditional Use Permits) of the Lake Elsinore Municipal Code (LEMC) PROJECT LOCATION The project site Is located northwest of the Central and Collier Avenues Intersection, within the Lake Elsinore Square Home Depot" Shoppmg Center BACKGROUND On July 13, 2004 the City Council of the City of Lake Elsinore approved by Resolution the design and establishment of the Lake Elsinore Square Shopping Center Entitlements granted for the 212 acre project site included certification of the Lake Elsinore Square Environmental Impact Report, a Tentative Parcel Map, a Commercial Design Review, and Conditional Use Permits for the Center The subdivision of the site created seven (7) lots At present, pad b is the only remaining vacant lot along Collier Avenue On May 23, 2007 the applicant submitted to the Community Development Department an application for a Commercial Design Review and a Conditional Use Permit (CUP The Commercial Design Review is necessary to ensure that all new and re development conforms and is consistent with the City s General Plan Architectural Design Guidelmes The Conditional Use Permit is necessary to allow for the proposed drive- through operation Although the applicant has worked diligently with staff in resolving issues relating to this Design Review and Conditional Use Permit application, acceptance of draft conditions has not been completed as of the writing of this report as the applicant does not concur with the following Conditions of Approval recommended by staff 9 The applicant shall extend the building entrances (along the north elevation) approximately seven feet (7 ) to the edge of the parking lot to create a covered pedestrian entrance AGENDA ITEM 5 (P PAGE 9 { OF 50 PLANNING COMMISSION STAFF REPORT AUGUST 7, 2007 PROJECT TITLE CONDITIONAL USE PERMIT NO 2007 -11 AND COMMERCIAL DESIGN REVIEW NO 2007 -119 FOR A PROPOSED RETAIL "SHELL" BUILDING WITH A DRIVE THROUGH RESTAURANT 10 The applicant shall provide berming with enhanced landscaping and /or a low screen wall with decorative cap located between the drive -thru lane and Collier Avenue Said wall shall match the color and materials of existing walls within the Lake Elsinore Square Shopping Center and the berm and /or wall shall adequately screen glare from vehicle headlights ENVIRONMENTAL SETTING Protect Vacant C -2 (General General Commercial Site I Commercial District North 1-15 Freeway State Highway State Highway South Commercial C -2 (General General Commercial East Commercial C -2 (General General Commercial Commercial District West Commercial C-2 (General General Commercial Commercial District) PROJECT DESCRIPTION The applicant is proposing to construct a 4,000 square -foot "shell" retail building and fast food restaurant with a drive through on a 28 acre vacant relatively flat graded site The proposed building will be setback from the Collier Avenue right -of -way a minimum of fifteen feet (15') with landscaping and the proposed single -lane drive thru between Furthermore, on site parking will be located on the northwest side of the building CONDITIONAL USE PERMIT NO 2007 -11 The applicant is requesting the approval of a conditional use permit to allow for the establishment of a "dnve- through' facility The request for the "drive- through facility is pursuant to Chapter 17 66 060 (Drive - Through Establishments) AGENDA ^ITEM 3" PAGE °� ` OF 5 () PLANNING COMMISSION STAFF REPORT AUGUST 7, 2007 PROJECT TITLE CONDITIONAL USE PERMIT NO 2007 -11 AND COMMERCIAL DESIGN REVIEW NO 2007 -11, FOR A PROPOSED RETAIL "SHELL" BUILDING WITH A DRIVE THROUGH RESTAURANT It is anticipated that the "drive through' restaurant portion of the building will generate approximately sixty percent (60 %) of restaurant traffic, with the remaining forty percent (40 %) being generated by the restaurant dining room area Parking for the proposed drive through restaurant was analyzed accordingly Finally, the stacking distance for the dnve- through lane will accommodate eight (8) car lengths COMMERCIAL DESIGN REVIEW NO 2007 -11 Onsite Circulation & Parlan The proposed building will be located on Pad `B" within the existing Lake Elsinore Square Shopping Center There are three (3) existing points of mgress /egress for the shopping center One (1) point located off of Central Avenue and two (2) points off of Collier Avenue Two (2) access points located on Collier Avenue and Central Avenue of the site are linuted to right m/nght out turning movements only, and one (1) signalized access point at Hunco Way and Collier Avenue allowing full turning movment The onsite parking area for the building is adequately served by the two -way drive aisles located within the center The applicant has provided staff with a recorded reciprocal parking agreement for the center allowing for "shared parking" All parking spaces will be designed at 90- degree angles and will be nme -feet (9') in width and eighteen -feet (18') in length Furthermore, the applicant has provided staff with a parking description for the Lake Elsinore Square Shopping Center which details the total number of parking spaces within the Center Architecture The applicant is proposing to construct a 4,000 square foot rectangular shaped sand float' finish cement plaster building The total land area is approximately 12,200 square feet or 28 acres The building will occupy approximately thirty two percent (32 %) of the total site area which complies with the City of Lake Elsinore s General Plan which allows a maximum of 40 Floor Area Ratio (FAR) The building will mcorporate two (2) pop out tower entry elements for visual relief and shadowing near the southeast portion of the building The pop -out tower, as well AGENDA ITEM ate PAGE al OF 50 PLANNING COMMISSION STAFF REPORT AUGUST 7, 2007 PROJECT TITLE CONDITIONAL USE PERMIT NO 2007 -11 AND COMMERCIAL DESIGN REVIEW NO 2007 -11, FOR A PROPOSED RETAIL "SHELL" BUILDING WITH A DRIVE THROUGH RESTAURANT as corner elements of the building will mcorporate a decorative stone veneer ( Cultured Stone') Lower wainscot columns are also proposed with a `spec ceramic" slate tile veneer The building will include metal trellis features, simulated arch elements and decorative awnings over the windows, adding architectural interest and detail The east elevation, will include a porte - cochere that extends over the drive thm pick up window and will include stone veneer around the columns Finally the roof line of the structure includes a decorative cornice cap and is approximately two feet (2 ) higher than the main building roof line, providing articulation and variation to an otherwise straight or flat roof line Colors and Materials The applicant is proposing to incorporate the colors and materials approved by the City Council The materials and colors for the proposed building are as follows Roof Camino Blend Clay Tile Primary Wall Color Frazee "Da lm" Stucco Accent Wall Color #I Frazee "Amber Wave" Stucco Accent Wall Color #2 Frazee "Peppercorn" Stucco Accent Wall Color #3 Frazee "Runnymede" Stucco Accent Wall Color #4 Frazee "Smokey Cattle" Stucco Trim/Moulding and Cornice Frazee "Restorative" Stucco Base Furring /Columns I Cultured Stone I Stone Veneer Base Furring /Columns Spec Ceramics Slate Tile Veneer "Pink, Jak Slate, & Pink Leather Combination" Awning Sunbrella Fire - Resistant Canvas "Jockev Red" AGENDA (ITEM PAGE O(\ OF-5Q PLANNING COMMISSION STAFF REPORT AUGUST 7, 2007 PROJECT TITLE CONDITIONAL USE PERMIT NO 2007 -11 AND COMMERCIAL DESIGN REVIEW NO 2007 -11, FOR A PROPOSED RETAIL "SHELL" BUILDING WITH A DRIVE THROUGH RESTAURANT ANALYSIS The proposed building and drive- through establishment have been found in conformance with all applicable development standards of the Lake Elsinore Municipal Code In addition, the project has been designed with enhanced architectural characteristics such as raised parapets, varying color treatments and materials, and wall breaks to create Interesting building elevations With the proposed conditions of approval, Staff determined that the proposed project will compliment the existing and proposed development in the surrounding area ENVIRONMENTAL DETERMINATION The Lake Elsinore Square Environmental Impact Report (EIR), which was prepared in accordance with the California Environmental Quality Act (CEQA) by HDR and certified by the City of Lake Elsinore City Council on July 13, 2004, provides the necessary environmental clearance for the proposed applications Therefore, no further environmental evaluation is necessary RECOMMENDATION It is recommended that the Planning Commission adopt, Resolution No 2007 _ adopting consistency findings with the Multiple Species Habitat Conservation Plan, Resolution No _ approving Conditional Use Permit No 2007 -11, and Resolution No 2007 -_ recommending City Council approval of Commercial Design Review No 2007 -11, based on the Findings, Exhibits, and proposed Conditions of Approval PREPARED BY KIRT A COURY, PROJECT PLANNER ROLFE M PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT AGENDA ITEM `I PAGE 3 Q OF 50 PLANNING COMMISSION STAFF REPORT AUGUST 7, 2007 PROJECT TITLE CONDITIONAL USE PERMIT NO 2007 -11 AND COMMERCIAL DESIGN REVIEW NO 2007 -11, FOR A PROPOSED RETAIL "SHELL" BUILDING WITH A DRIVE THROUGH RESTAURANT ATTACHMENTS 1 VICINITY MAP 2 PLANNING COMMISSION RESOLUTIONS 3 CONDITIONS OF APPROVAL 4 EXHIBITS • REDUCTIONS (8 % x 11) Exhibit A Overall Site Plan Exhibit B Site Plan Exhibit C Preliminary Landscape Plan Exhibit D Preliminary Grading Plan Exhibit E Floor Plan Exhibit F Building Elevations (East & South) Exhibit G Building Elevations (West & North) 5 FULL SIZE PLAN SET AGENDA ITEM _g PAGE � C OF C 0 RESOLUTION NO 2007- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT FINDINGS THAT THE PROJECT IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Tarlos and Associates has filed an application with the City of Lake Elsinore requesting approval of Conditional Use Permit 2007 11 and Commercial Design Review 2007 11 for a 4,000 square foot 'shell" retail and restaurant building with drive thru (the "Protect "), and WHEREAS, the Project Site, the total area of which is 0 28 acre is generally located at the northwest corner of the Central and Collier Avenues within the existing Lake Elsinore Square Shopping Center (APN 377 060 -016) (the "Protect Site'), and WHEREAS, Section IV of Resolution No 2004 -1 la, a Resolution of the City Council establishing procedures and requirements for the implementation of the Western Riverside County MSHCP, expressly exempts projects with vested development rights from processing under the MSHCP, and WHEREAS, public notice of the Project has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on August 7, 2007 NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS SECTION 1 The Planning Commission has considered the Project in the context of the City's adopted Implementing Resolution prior to making a recommendation that the City Council find the Project exempt from the MSCHP SECTION 2 That in accordance with the Lake Elsinore Municipal Code and the MSHCP, the Planning Commission hereby finds and deterrmnes that the Lake Elsinore Square Shopping Center was approved by the City Council in 2004 before the MSHCP became effective and the Protect has a vested right to develop Pad B has already been graded and is ready to be built There is no potential value AGENDA ITEM NO 34 PACE U OF�� PLANNING COMMISSION RESOLUTION NO 2007 - PAGE 2 OF 2 for species or habitat on the Project Site Pursuant to the City s MSHCP Implementing Resolution, this Project is exempt from the MSHCP SECTION 3 According to the MSHCP Fee Ordinance, the Project will be conditioned to pay the City s MSHCP Local Development Mitigation Fee SECTION 4 Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Protect, the Planning Commission hereby recommends that the City Council find the Protect exempt from the MSHCP SECTION 5 This Resolution shall take effect from and after the date of its passage and adoption PASSED, APPROVED AND ADOPTED this 7th day of August 2007, by the following vote AYES COMMISSIONERS NOES COMMISSIONERS ABSENT COMMISSIONERS ABSTAIN COMMISSIONERS Michael O'Neal, Chairman Lake Elsinore Planning Commssion ATTEST Rolfe M Preisendanz Director of Community Development AGENDA ITEM NO 3(� PAGEL 3 3 OF-5-Q- RESOLUTION NO 2007- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO 2007 -I1 WHEREAS, Tarlos and Associates has initiated proceedings to request the approval of Conditional Use Perrmt No 2007 11 for the establishment of a single - lane dnve -thru "shell retail building and restaurant (the "Project ) located at Pad `B of the Lake Elsinore Square Shopping Center (APN 377 -060 016), and WHEREAS, the City of Lake Elsinore recognizes that certain uses have operational characteristics that, depending upon the location and design of the use, may have the potential to negatively impact adjoining properties, businesses or residents and therefore are permitted subject to the issuance of a conditional use permit, which allows the City to comprehensively review and approve the use, and WHEREAS the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of considering and approving, conditionally approving, or denying conditional use permits, and WHEREAS, pursuant to the California Environmental Quality Act (Cal Pub Res Code §§ 21000 et seq `CEQA ) and the CEQA Guidelines (14 C C R §§ 15000 et seq ), 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(a) states that "When an EIR has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following 1 Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new sigmficant environmental effects or a substantial increase in the seventy of previously identified significant effects, 2 Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions AGENDA ITEM NO 310 PAGE_aUL_0F S O PLANNING COMMISSION RESOLUTION NO 2007 - PAGE 2 OF 5 of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the seventy of previously identified significant effects, or 3 New information of substantial importance which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration (B) Significant effects previously exammed will be substantially more sever than shown in the previous EIR, (C) Mitigation measures or alternatives previously found not the be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative, or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative , and WHEREAS, a Project Environmental Impact Report (State Clearinghouse No 2004031090) was prepared and certified in 2004 for the Lake Elsinore Square Shopping Center and evaluated environmental impacts that would result from development of the shopping center, which included Pad '13," where the Project will be located, and WHEREAS, the Project does not present substantial changes or new information regarding the potential environmental impacts of development, and WHEREAS, on August 7, 2007, at a duly noticed public hearing, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to the Project AGENDA ITEM NO PAGE-3-5_0E--5 a- PLANNING COMMISSION RESOLUTION NO 2007-_ PAGE 3 OF 5 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS SECTION 1 The Planning Commmssion has considered the proposed Conditional Use Permit No 2007 -11 prior to rendering its decision and finds that the requirements of Chapter 17 74 of the Lake Elsinore Municipal Code have been satisfied SECTION 2 The Planning Commission finds and determines that in accordance with CEQA Guidelines Section 15162, the Project does not present a substantial change or new information that would require further CEQA analysis The environmental impacts associated with development of the Project were contemplated by the Lake Elsinore Square EIR and were fully analyzed and mitigated therein No new CEQA documentation is necessary for the Project SECTION 3 That in accordance with State Planning and Zoning Law and the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for approval of CUP 2007 -11 1 The proposed use, on its own merits and within the context of its setting is in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located Issuance of this Conditional Use Permit will facilitate the creation of a well balanced and functional mix of residential commercial industrial open space recreational and institutional land uses The proposed land use conforms to the objectives of the General Plan and the purpose of the planning district in which the site is located 2 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 mjunous to property or improvements in the neighborhood or the City All applicable City departments and agencies have been afforded the opportunity to review the use permit and their comments have been addressed in the conditions of approval attached to the staff report for this Project Conditions have been applied relating to the installation and maintenance of landscaping walls regulations of points of vehicular ingress and egress and control of potential nuisances so as to eliminate any AGENDAITEIANO-2LIO PAGE�oF- 5— --- PLANNING COMMISSION RESOLUTION NO 2007 -_ PAGE 4 OF 5 negative impacts to the general health safety comfort or general welfare of the surrounding neighborhood or the City 3 The site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by Title 17 of the Lake Elsinore Municipal Code The shell retail and restaurant building with drive -thru has been designed in consideration of the size and shape of the Protect Site thereby strengthening and enhancing the immediate commercial area Further the Project will complement the quality of existing development and will create a visually pleasing non - detractive relationship between the proposed and existing protects in that the facility design has been reviewed to ensure adequate provision of screening from the adjacent properties 4 The site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use The shell retail and restaurant building with drive -thru facility use has been reviewed in relation to the width and type of pavement needed to carry the type and quantity of traffic generated The City has adequately evaluated the potential impacts associated with the proposed facility prior to its approval and has conditioned the Project to be served by roads of adequate capacity and design standards to provide reasonable access by car truck and emergency services vehicles 5 In approving the subject use, there will be no adverse affect on abutting property or the permitted and normal use thereof The Project has been thoroughly reviewed and conditioned by all applicable City departments and outside agencies eliminating the potential for any and all adverse effects on the abutting property 6 Adequate conditions and safeguards pursuant to Lake Elsinore Municipal Code Section 17 74 50 have been incorporated into the approval of the Conditional Use Permit to insure that the use continues in a manner envisioned by these findings for the term of the use Pursuant to Lake Elsinore Municipal Code Section 17 74 050 the shell retail and restaurant building with drive -thru facility has been scheduled for AGENDA ITEM No 3(p PACE 3-1 OF(�D_ PLANNING COMMISSION RESOLUTION NO 2007 -_ PAGE 5 OF 5 consideration and approval of the Planning Commission at the regularly scheduled meeting on August 7 2007 SECTION 4 Based upon the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby approves Conditional Use Pernut 2007 11 SECTION 5 This Resolution shall take effect from and after the date of its passage and adoption PASSED, APPROVED AND ADOPTED this 7th day of August 2007, by the following vote AYES COMMISSIONERS NOES COMMISSIONERS ABSENT COMMISSIONERS ABSTAIN COMMISSIONERS ATTEST Rolfe Preisendanz Director of Community Development Michael O Neal, Chairman City of Lake Elsinore AGENDA ITEM NO `(e PACE —OF RESOLUTION NO 2007- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF COMMERCIAL DESIGN REVIEW NO 2007 -11 WHEREAS, Tarlos and Associates, has initiated proceedings for Commercial Design Review No 2007 -11 for the design and construction of a 4,000 square -foot `shell retail and restaurant building with associated drive -thru located on Pad `B of the existing Lake Elsinore Square Shopping Center (the Project ), which is generally located at the northwest corner of Central and Collier Avenues (APN 377 060 016), and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of considering and making recommendations to the City Council for commercial design review applications, and WHEREAS, pursuant to the California Environmental Quality Act (Cal Pub Res Code §§ 21000 et seq 'CEQA") and the CEQA Guidelines (14 C C R §§ 15000 et seq ), 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 protect (CEQA Guidelines Section 15006) and WHEREAS, CEQA Guidelines Section 15162(a) states that When an EIR has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines on the basis of substantial evidence in the light of the whole record, one or more of the following 1 Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects, 2 Substantial changes occur with respect to the circumstances under which the protect is undertaken which will require mayor revisions of the previous EIR or negative declaration due to the involvement AGENDA ITEM NO yLP PAGE 31 OF 50 PLANNING COMMISSION RESOLUTION NO 2007 PAGE 2 OF 5 of new significant environmental effects or a substantial increase in the seventy of previously identified significant effects, or 3 New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration, (B) Significant effects previously examined will be substantially more sever than shown in the previous EIR, (C) Mitigation measures or alternatives previously found not the be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project but the project proponents decline to adopt the mitigation measure or alternative, or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative ", and WHEREAS, a Project Environmental Impact Report (State Clearinghouse No 2004031090) was prepared and certified in 2004 for the Lake Elsinore Square Shopping Center and evaluated environmental impacts that would result from development of the shopping center, which included Pad `B," where the Project will be located, and WHEREAS, the Project does not present substantial changes or new information regarding the potential environmental impacts of development, and WHEREAS, on August 7, 2007, at a duly noticed public hearing, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to the Project AGENDA ITEM NO cy(v PAGEL 40 0- S() PLANNING COMMISSION RESOLUTION NO 2007 —_ PAGE 3 OF 5 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS SECTION I The Planning Commission has considered the Commercial Design Review prior to making a decision to recommend that the City Council approve the application The Planning Commission finds that the Commercial Design Review satisfies all requirements set forth in Chapter 17 82 of the Lake Elsinore Municipal Code SECTION 2 The Planning Comnssion finds and determines that in accordance with CEQA Guidelines Section 15162 the Project does not present a substantial change or new information that would require further CEQA analysis The environmental impacts associated with development of the Project were contemplated by the Lake Elsinore Square EIR and were fully analyzed and mitigated therein No new CEQA documentation is necessary for the Project SECTION 3 That in accordance with State Planning and Zoning Law and the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of Commercial Design Review 2007 -11 1 The Project, as approved, will comply with the goals and objectives of the General Plan, Specific Plan and the Zoning District in which the Project is located The Project complies with the goals and objectives of the General Plan in that the approval of this shell retail and restaurant building will assist in achieving the development of a well balanced and functional max of residential commercial industrial open space recreational and institutional land uses The Project will serve to diversify and expand Lake Elsinore s economic base The General Plan designation for the Project site is General Commercial The primary purpose of areas designated General Commercial is to provide a wade range of retail and service activities including department stores restaurants hotels theaters offices and specialized areas General Commercial areas are intended to be of high quality design are expected to be pedestrian oriented and shall contain sufficient off-street parking The zoning designation for the Project Site is C -2 (General Commercial) The intent of the C -2 Distract is to reserve appropriate locations consistent AGENDA ITEM ['40 � _- PAGE,-tL-0r-5-Q- PLANNING COMMISSION RESOLUTION NO 2007 PAGE 4 OF 5 with the General Plan to accommodate a full range of retail stores offices personal and business services establishments offering commodities and services scaled to meet the needs of residents of the entire City 2 The Project complies with the design directives contained in the General Plan Urban Design Element and all other applicable provisions of the Lake Elsinore Municipal Code The proposed shell retail and restaurant building is appropriate to the Project Site and surrounding developments taking into account size and shape of the property Sufficient setbacks and enhanced onsite landscaping have been provided thereby creating interest and varying vistas as a person moves along abutting streets and within the center In addition safe and efficient circulation has been achieved onsite The Project will compliment the quality of existing development and will create a visually pleasing non - detractive relationship between the proposed development and existing projects in that the applicant is providing a Timeless Contemporary architectural design with various elements which serve to enhance the buildings within the shopping center Moreover a variety of materials and colors are proposed including architectural stone and slate tile accents and earth tone colors that serve to blend with surrounding developments and provide evidence of a concern for quality and originality 3 Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts The Project was reviewed and conditioned by all applicable City departments to ensure that the shell retail and restaurant building blends into existing development creates the least amount of disturbance and does not negatively impact the residents or businesses of Lake Elsinore The Project will not result in any significant adverse environmental impacts 4 Conditions and safeguards pursuant to Chapter 17 82 070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Chapter 1782 Pursuant to Section 17 82 070 of the Lake Elsinore Municipal Code the Project has been scheduled for consideration and approval of the Planning Commission on August 7 2007 AGENDA ITEM NO & PAGE 4a OF 50 PLANNING COMMISSION RESOLUTION NO 2007 —_ PAGE 5 OF 5 SECTION 4 Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the Planning Commission hereby recommends that the City Council approve Commercial Design Review 2007 11 SECTION 5 This Resolution shall take effect from and after the date of its passage and adoption PASSED, APPROVED AND ADOPTED this 7th day of August 2007, by the following vote AYES COMMISSIONERS NOES COMMISSIONERS ABSENT COMMISSIONERS ABSTAIN COMMISSIONERS ATTEST Rolfe M Preisendanz Director of Community Development Michael O Neal, Chairman City of Lake Elsinore AGENDA ITEM W .3kP PAGE OF SCE OSSL6 VIN80111YO MONIS133MV1 QE � ? yam, rr MIND V aamoo l^ { 36VnOS MONISM 3MV1 S3LVIOOSSV 4 SOIEIVI HIS U1110o3L5 oMs OHM ➢ Q ? 5 F � E E4 6p6pg 2q2q t�49gtlg as all p N ➢P 3 iE i .! ? 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' I� 11 8 III I{ _ 1 j , n •„ PAGE_(d_QP. $31N��0$$tl $OIHVl �' OCSZ6 VIRO311V3 MONIS13 3Mtl1 MIN30 i tl1"M 3tlV1165 3MONISI3 3MVt 3115 31311NM Hou w 0311Nf1 El El 2 mi 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 AUGUST 28, 2007 SUBJECT EXTENSION OF TIME FOR TENTATIVE PARCEL MAP NO 32674 FOR CONDOMINIUM PURPOSES APPLICANT RIVERLAKE VILLAS PARTNERS, LP PROJECT LOCATION The protect site is located at 32281 Riverside Drive between Grand Avenue and Lakeshore Drive (APN 379 - 315 -033) BACKGROUND On August 9, 2005 the City Council approved Mitigated Negative Declaration No 2005 -04 General Plan Amendment No 2004 10, Tentative Parcel Map No 32674 for Condominium Purposes and Residential Design Review No 2004 -11 Section 66463 5 (c) of the California Subdivision Map Act authorizes Extensions of Time for up to sixty (60) months However, 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 Parcel Maps Therefore the applicant is requesting the maximum time allowed for an Extension of Time which is thirty-six (36) months or August 9, 2010 RECOMMENDATION Staff recommends the City Council adopt Resolution No 2007 -(V5, approving the request for an Extension of Time for Tentative Parcel Map No 32674 for Condominium Purposes for thirty -six (3 6) months or August 9, 2010 as allowed AGENDA ITEM N9 3-1 � PAGE REPORT TO CITY COUNCIL EXTENSION OF TIME FOR TENTATIVE PARCEL MAP NO 32674 AUGUST 28, 2007 PAGE 2 OF 2 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 PREPARED BY APPROVED FOR AGENDA BY ATTACHMENTS LINDA M MILLER, AICP 1 Vicinity Map 2 City Council Resolution No 2007- approving an Extension of Time for Tentative Parcel Map No 32674 for Condominium Purposes 3 Final Conditions of Approval 4 Reductions - Tentative Parcel Map No 32674 for Condominium Purposes 5 Planning Commission Staff Report dated July 5, 2005 6 Full Sized Copy - Tentative Parcel Map No 32674 for Condominium Purposes AGENDA ITEM NO PAGE Z OF 5 a a VICINITY MAP MIT NEG DEC NO 2005 -04, GPA NO 2004 -10 TPM NO 32674 (FOR CONDOMINIUM PURPOSES) CUP NO 2004 -27 RESIDENTIAL DESIGN REVIEW NO 2004 -11 AGENDAITEMNO _? 3 PAGES OF-l� RESOLUTION NO 2007- 'US A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AN EXTENSION OF TIME FOR TENTATIVE PARCEL MAP NO 32674 FOR CONDOMINIUM PURPOSES WHEREAS, Teofilo Hamui, representing Riverlake Villas Partners, LP, filed an application with the City of Lake Elsinore requesting approval of an Extension of Time for Tentative Parcel Map No 32674 for Condominium Purposes, a three (3) lot 4 9 acre parcel to be developed into fifty -one (51) single family detached condominium units with associated improvements including a centralized recreation area (the "Extension "), and WHEREAS, the 4 9 acre parcel is located at 32281 Riverside Drive between Grand Avenue and Lakeshore Drive known as Assessor s Parcel Number 379 - 315 -033, 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 WHEREAS, on August 9, 2005, the City Council of the City of Lake Elsinore, adopted Mitigated Negative Declaration No 2005 -04 and Mitigation 3� AGENDA ITEM f40 PAGE /-f OF CITY COUNCIL RESOLUTION NO 2007 - PAGE 2 OF 4 Monitoring and Reporting Program (SCH # 2005061138) 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 Condominium 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 August 28 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 the City Council finds and determines that the Extension of Time is in conformance 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 -04 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 thirty-six (36) additional months 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 Parcel Map No 32674 for Condominium Purposes 1 The Extension of Time for the subdivision known as Tentative Parcel Map No 32674 for Condominium Purposes is consistent with the City s General Plan The condominium development as designed assists to achieving a well balanced and functional mix of land uses The design of the condominium and density are consistent with the General Plan AGENDA ITEM NO 3-? PAGE 5 0F_!�Ef CITY COUNCIL RESOLUTION NO 2007 - PAGE 3 OF 4 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 annexed into Lighting and Landscape Maintenance District No 1 to offset the annual negative fiscal impacts of the project on public right -of -way landscaped areas to be maintained by the City and for street lights in the public right - of-way for which the City will pay for electricity and a maintenance fee to Southern California Edison 3 The design of the proposed division of land or type of improvements is not likely to cause serious public health problems Tentative Parcel Map No 32674 for Condominium Purposes Map 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 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 Parcel Map No 32674 for Condominium Purposes The map has been circulated to City departments and outside agencies and appropriate conditions of approval have been applied for their approval during construction SECTION 4 Based upon the evidence presented the above findings and the attached conditions of approval imposed upon the Project the City Council AGENDA ITEM No 3i PAGE % op_ rj 9, CITY COUNCIL RESOLUTION NO 2007 - PAGE 4 OF 4 hereby approves the Extension of Time for thirty -six (36) months for Tentative Parcel Map No 32674 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 twenty- eighth day of August, 2007, by the following vote AYES COUNCILMEMBERS NOES 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 PAC,E�_OF_ REVISED CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO 2004 -109 TENTATIVE PARCEL MAP (FOR CONDOMINIUM PURPOSES) MAP NO 32674, RESIDENTIAL DESIGN REVIEW NO 2004 -11, CONDITIONAL USE PERMIT NO 2004 -27 AND MITIGATED NEGATIVE DECLARATION NO 2005 -04 FOR THE "RIVERLAKE VILLAS" GENERAL CONDITION 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, in the amount of $1,314 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 04 (State Clearinghouse No 2005061138) for the "Riverlake Villas 4 The applicant shall comply with the requirements of the State Bill 18 relating to Tribal Consultation TENTATIVE PARCEL MAP (FOR CONDOMINIUM PURPOSES) NO 32674 5 The Tentative Parcel 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 Page 1 of 19 AGENDA ITEM NO 'Y PAGE_ '� OF �i REVISED CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO 2004 -10, TENTATIVE PARCEL MAP (FOR CONDOMINIUM PURPOSES) MAP NO 32674, RESIDENTIAL DESIGN REVIEW NO 2004 -11, CONDITIONAL USE PERMIT NO 2004 -27 AND MITIGATED NEGATIVE DECLARATION NO 2005 -04 FOR THE "RIVERLAKE VILLAS" 6 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 7 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 8 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 9 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 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 Page 2 of 19 ACEND4liEh4 i�D 3C= -- PAGE �_Q _. REVISED CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO 2004 -10, TENTATIVE PARCEL MAP (FOR CONDOMINIUM PURPOSES) MAP NO 32674, RESIDENTIAL DESIGN REVIEW NO 2004 -11, CONDITIONAL USE PERMIT NO 2004 -27 AND MITIGATED NEGATIVE DECLARATION NO 2005 -04 FOR THE "RIVERLAKE VILLAS" 10 Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the covenants, conditions and restrictions for each project 11 The Home Owner's Association shall be established prior to the sale of the first dwelling unit 12 Membership in the Home Owner s Association shall be mandatory for each buyer and any successive buyer 13 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) 14 In the event the association or other legally responsible person(s) fall 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 15 Each unit owner shall have full access to commonly owned areas, facilities and utilities RESIDENTIAL DESIGN REVIEW NO 2004 -11 16 Design Review approval for Residential Design Review No 2004 11 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 Page 3 of 19 AGENDA ITEM NO 3_1 PAGE I --OF REVISED CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO 2004 -109 TENTATIVE PARCEL MAP (FOR CONDOMINIUM PURPOSES) MAP NO 32674, RESIDENTIAL DESIGN REVIEW NO 2004 -11, CONDITIONAL USE PERMIT NO 2004 -27 AND MITIGATED NEGATIVE DECLARATION NO 2005 -04 FOR THE "RIVERLAKE VILLAS" 17 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 18 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 19 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 20 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 21 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 22 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 Page 4 of 19 AGENDA ITEM NO _ 51 PAGE_„L_of 6 E? - REVISED CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO 2004 -109 TENTATIVE PARCEL MAP (FOR CONDOMINIUM PURPOSES) MAP NO 32674, RESIDENTIAL DESIGN REVIEW NO 2004 -11, CONDITIONAL USE PERMIT NO 2004 -27 AND MITIGATED NEGATIVE DECLARATION NO 2005 -04 FOR THE "RIVERLAKE VILLAS" 23 Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee 24 Applicant shall use roofing materials with Class "A" fire rating 25 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 26 Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee 27 Decorative paving shall be included at the entryway gate and shall be shown on the construction drawings submitted to Building and Safety 28 Parking stalls shall be double - striped with four inch (4 ) lines two feet (2 ) apart 29 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 30 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 31 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 Page 5 of 19 AGENDA ITEM NO �- PAGE2' --OF REVISED CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO 2004 -109 TENTATIVE PARCEL MAP (FOR CONDOMINIUM PURPOSES) MAP NO 32674, RESIDENTIAL DESIGN REVIEW NO 2004 -11, CONDITIONAL USE PERMIT NO 2004 -27 AND MITIGATED NEGATIVE DECLARATION NO 2005 -04 FOR THE "RIVERLAKE VILLAS" 32 The applicant shall submit a photometric study for those light standards located in the proposed condominium protect 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 33 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 34 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 35 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 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 36 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 $1,650 00 per lot Page 6 of 19 AGENDA RENT No '3-1 PACE�OF REVISED CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO 2004 -10, TENTATIVE PARCEL MAP (FOR CONDOMINIUM PURPOSES) MAP NO 32674, RESIDENTIAL DESIGN REVIEW NO 2004 -11, CONDITIONAL USE PERMIT NO 2004 -27 AND MITIGATED NEGATIVE DECLARATION NO 2005 -04 FOR THE "RIVERLAKE VILLAS" 37 Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval 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 forty feet (40) 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 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 Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering Page 7 of 19 AGENDA ITEM NO 3� PAGE LzL_Dr 4qz REVISED CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO 2004 -109 TENTATIVE PARCEL MAP (FOR CONDOMINIUM PURPOSES) MAP NO 32674, RESIDENTIAL DESIGN REVIEW NO 2004 -11, CONDITIONAL USE PERMIT NO 2004 -27 AND MITIGATED NEGATIVE DECLARATION NO 2005 -04 FOR THE "RIVERLAKE VILLAS" 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 Xeriscape concept drought tolerant grasses and plants J Final landscape plan must be consistent with approved site plan k Final landscape plans to include planting and irrigation details 38 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 39 Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid 40 Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met 41 Prior to issuance of building permits applicant shall pay park-in-lieu fee in effect at time of building permit issuance ENGINEERING GENERAL REQUIREMENTS Page 8 of 19 AGENDA ITEM NO PAGE OF�_ REVISED CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO 2004 -10, TENTATIVE PARCEL MAP (FOR CONDOMINIUM PURPOSES) MAP NO 326749 RESIDENTIAL DESIGN REVIEW NO 2004 -11, CONDITIONAL USE PERMIT NO 2004 -27 AND MITIGATED NEGATIVE DECLARATION NO 2005 -04 FOR THE "RIVERLAKE VILLAS" 42 All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) 43 Pay all Capital Improvement and Plan Check fees (LEMC 16 34), including the traffic mitigation fee (TIT) and the drainage fee and the TUMF fee 44 Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project Submit this letter prior to recordation of the map 45 Provide fire protection facilities as required in writing by Riverside County Fire 46 Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16 52 030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District 47 An Alquis - Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on -site or a licensed geologist or a geotechnical engineer shall prepare a statement, stating there are no known earthquake faults or liquefaction zones present 48 If the development is to be phased provide a Phasing Plan for the City Engineer's approval 49 The existing pole and overhead line running inside and along the north property line shall be under grounded MAP REQUIREMENTS 50 No access other than the entrance driveway access shall be permitted to Riverside Drive Access shall be restricted and so noted on the final map Page 9 of 19 AGENDA ITEM I /NO 3� pAGE_16o OF r-2 QL REVISED CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO 2004 -10, TENTATIVE PARCEL MAP (FOR CONDOMINIUM PURPOSES) MAP NO 32674, RESIDENTIAL DESIGN REVIEW NO 2004 -11, CONDITIONAL USE PERMIT NO 2004 -27 AND MITIGATED NEGATIVE DECLARATION NO 2005 -04 FOR THE "RIVERLAKE VILLAS" STREET IMPROVEMENTS 51 Riverside Drive is a State Highway, under the jurisdiction of Cal Trans As such, an encroachment permit shall be required from Cal Trans prior to the approval of the plans and recordation of the map 52 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 53 Riverside Drive is designated as an Urban Arterial Highway on the City Master Plan of Streets and shall therefore be dedicated to its master planned width of 120 feet R/W 54 Riverside Drive shall be restricted to right in and right out movement only A right turn only deceleration lane shall be constructed along the projects frontage, an additional twelve feet (12') in width The required half width from centerline to curb becomes sixty feet (60 ) instead of forty eight feet (48') and the right of way width becomes seventy-two feet (72') instead of sixty feet (60 ) The applicant may submit a request and plan to Cal Trans and the City Engineer requesting the existing interim street improvements along this frontage remain and arrange for an appropriate street improvement in lieu fee or other modified improvements If Riverside Drive is to be widened the developer will be required to relocate or underground the existing pole and overhead utility lines 55 If the existing street improvements are to be modified as directed by the City Engineer, the existing street plans on file shall be modified accordingly and approved by the City Engineer prior to recordation of the Final Map An encroachment permit will be required to do the work for- review and approval Page of 19 AGENDA ITEM NO - PAGE__[:J__OF REVISED CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO 2004 -10, TENTATIVE PARCEL MAP (FOR CONDOMINIUM PURPOSES) MAP NO 326749 RESIDENTIAL DESIGN REVIEW NO 2004 -11, CONDITIONAL USE PERMIT NO 2004 -27 AND MITIGATED NEGATIVE DECLARATION NO 2005 -04 FOR THE "RIVERLAKE VILLAS" Condition of Approval omitted at City Council Hearing August 9 2005 56 Applicant shall pay a fee in lieu of construction for the cost of the design and installation of the ultimate median section on Riverside Drive per the General Plan The fee will be determined by a cost estimate for the improvements provided by the applicant and will be reviewed by approved by the City Engineer The fee shall be held for a period of ten years at which time of not used by the City for the median installation shall be reviewed by the City Attorney for reimbursement to the applicant Condition of Approval added at City Council Hearing August 9 2005 57 A signing and stripping plan for Riverside Drive shall be submitted to the Engineering Division for review and approval prior to the issuance of building permits 58 The existing curb drainage outlet to Riverside Drive near the southeasterly edge of the property shall be removed No drainage discharge from the property shall discharge at this location 59 Arrangements for relocation of utility company facilities (power poles, vaults etc ) out of the roadway or alley shall be the responsibility of the property owner or his agent The existing pole located 2 feet inside the existing curb face and near the proposed driveway entrance and overhead lines along the frontage of Riverside Drive may require under grounding 60 Construct all public works improvements from property line to one foot beyond centerline of Riverside Drive and pavement transitions per approved street plans (LEMC Title 12) Improvement Plans must be submitted and approved by the City and Cal Trans and signed by the City Engineer prior to recordation of the Final Map 61 Street improvement plans and specifications shall be prepared by a Calif Registered Civil Engineer Improvements shall be designed and constructed to Cal Trans Page 11 of 19 AGENDA ITEM NO 31 _ PAGE I_OF� REVISED CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO 2004 -10, TENTATIVE PARCEL MAP (FOR CONDOMINIUM PURPOSES) MAP NO 32674, RESIDENTIAL DESIGN REVIEW NO 2004 -11, CONDITIONAL USE PERMIT NO 2004 -27 AND MITIGATED NEGATIVE DECLARATION NO 2005 -04 FOR THE "RIVERLAKE VILLAS" Standards, latest edition 62 Pay all fees and meet requirements of an encroachment permit issued by Cal Trans and the Engineering Division for construction of off site public works improvements All fees and requirements for an encroachment permit shall be fulfilled before recordation of the map 63 Provide street lighting along the Riverside Drive frontage and show lighting improvements as part of street improvement plans as required by Cal Trans and the City Engineer 64 Provide soils, geology and seismic report including street design recommendations Provide final soils report showing compliance with recommendations 65 All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" mylar) shall be submitted to the Engineering Division before final inspection of off site improvements will be scheduled and approved 66 The applicant shall install permanent benchmarks to Riverside County Standards and at a location to be determined by City Engineer 67 Developer shall install blue reflective pavement markers in the street at all fire hydrant locations 68 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 $300 per sheet for City digitizing 69 All utilities except electrical over 12 kV shall be placed underground, as approved by the serving utility Page 12 of 19 AGENDA ITEM NO 3_T`_,, PACE J�._OF. , REVISED CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO 2004 -10, TENTATIVE PARCEL MAP (FOR CONDOMINIUM PURPOSES) MAP NO 32674, RESIDENTIAL DESIGN REVIEW NO 2004 -11, CONDITIONAL USE PERMIT NO 2004 -27 AND MITIGATED NEGATIVE DECLARATION NO 2005 -04 FOR THE "RIVERLAKE VILLAS" GRADING 70 All grading shall be done under the supervision of a geotechnlcal engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control 71 Prior to commencement of grading operations, applicant shall provide to the City a map of all proposed haul routes to be used for movement of material Such routes shall be subject to the review and approval of the City Engineer 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 72 The applicant shall obtain all necessary off site easements for off site grading from the adjacent property owners prior to grading permit issuance 73 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 74 Applicant to provide erosion control measures as part of their grading plan The applicant shall protect storm water quality and met the goals of the BMP in Supplement `A in the Riverside County NPDES Drainage Area Management Plan 75 All waste material debris, vegetation and other rubbish generated during cleaning, demolition clear and grubbing or other phases of the construction shall be disposed of Page 13 of 19 AGENDA ITEMM NO 'J% PACE c;L& OF e� REVISED CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO 2004 -10, TENTATIVE PARCEL MAP (FOR CONDOMINIUM PURPOSES) MAP NO 326749 RESIDENTIAL DESIGN REVIEW NO 2004 -11, CONDITIONAL USE PERMIT NO 2004 -27 AND MITIGATED NEGATIVE DECLARATION NO 2005 -04 FOR THE "RIVERLAKE VILLAS" at appropriate recycling centers The applicant should contract with CR &R Inc for recycling and storage container services, but the applicant may use the services of another recycling vendor Another recycling vendor, other than CR &R Inc cannot charge the applicant for bin rental or solid waste disposal If the applicant is not using CR &R Inc for recycling services and the recycling material is either sold or donated to another vendor, the applicant shall supply proof of debris disposal at a recycling center including verification of tonnage by certified weigh master tickets DRAINAGE 76 The property is located in the "West Lake Elsinore Drainage District" and shall pay the appropriate drainage fee 77 The design capacity and the 100 -year flow of Leach Canyon flood Control Channel adjacent to his northerly property line, shall be verified to assure adequate flood protection 78 Meet all requirements of LEMC 15 64 regarding flood hazard regulations The property is located in Zone X of the National Flood Insurance maps Areas of 0 2% annual chance flood, areas of 1% annual chance flood with average depths of less than 1 foot or with drainage areas less than 1 sq mile and areas protected by levees from 1% annual chance flood) As such the developer is advised that flood insurance may be required, unless the finish floors are determined to be above the flood plane 79 Meet all requirements of LEMC 15 68 regarding floodplam management 80 The applicant to provide FEMA elevation certificates prior to certificate of occupancies 81 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 Page 14 of 19 AGE NDA ITEM NO_?.r�.� PAGE a'I OFr _' REVISED CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO 2004 -10, TENTATIVE PARCEL MAP (FOR CONDOMINIUM PURPOSES) MAP NO 326749 RESIDENTIAL DESIGN REVIEW NO 2004 -11, CONDITIONAL USE PERMIT NO 2004 -27 AND MITIGATED NEGATIVE DECLARATION NO 2005 -04 FOR THE "RIVERLAKE VILLAS" and diversion of drainage 82 On site storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be approved by the City Engineer 83 Roof and yard drains will not be allowed to outlet through curb cuts in the private street curb Roof drains should drain to a landscaped area when ever feasible 84 10 -year storm runoff should be contained within the curb and the 100 -year storm runoff should be contained within the private street parkway When either of these criteria is exceeded, drainage facilities should be installed 85 On -site drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement 86 All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer 87 All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards 88 Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented If required, the applicant shall provide a WQMP following construction 89 Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion Page 15 of 19 AGENDA ITEM NO 3 i PAGE REVISED CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO 2004 -10, TENTATIVE PARCEL MAP (FOR CONDOMINIUM PURPOSES) MAP NO 32674, RESIDENTIAL DESIGN REVIEW NO 2004 -11, CONDITIONAL USE PERMIT NO 2004 -27 AND MITIGATED NEGATIVE DECLARATION NO 2005 -04 FOR THE "RIVERLAKE VILLAS" control for the grading plan prior to issuance of grading permits The applicant shall provide a SWPPP for post construction, which describes BMP's, that will be implemented for the development and including maintenance responsibilities (Required for lot of one acre or more) 90 Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan (Required for lot of one acre or more) 91 Applicant shall provide BMP's that will reduce storm water pollutants from parking areas and driveway aisles (Required for lot of one acre or more) If feasible, a biofilter Swale should be incorporated into the proposed internal catch basins and pipe before discharge into Leach Canyon flood Control COMMUNITY SERVICES DEPARTMENT 91 The applicant shall pay park fees of $1,600 per unit 92 All "Common Passive Open Space Areas" shall be maintained by the Home Owner's Association (HOA) 93 All recreation facilities and park areas shall be maintained by the HOA 94 No park credits shall be given for private recreation facilities, park areas or common passive open space areas 95 The HOA shall maintain all private roads 96 The HOA shall maintain all catch basins collectors v- ditches or any other related Page 16 of 19 ACertvUA irEK4 No- -3;-1� PACE._:J-3 OF 6�7 ZJ REVISED CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO 2004 -10, TENTATIVE PARCEL MAP (FOR CONDOMINIUM PURPOSES) MAP NO 326749 RESIDENTIAL DESIGN REVIEW NO 2004 -11, CONDITIONAL USE PERMIT NO 2004 -27 AND MITIGATED NEGATIVE DECLARATION NO 2005 -04 FOR THE "RIVERLAKE VILLAS" flood control or storm water control device 97 The HOA shall maintain all perimeter, entry and interior landscaping 98 The HOA shall provide all graffiti removal 99 The City s Landscape Architect shall approve all landscaping plans prior to installation 100 The applicant shall comply with all City ordinances regarding construction debris removal and recycling as per Section 8 32 of the Lake Elsinore Municipal Code 101 Developer to design multi - family recycling plan RIVERSIDE COUNTY FIRE DEPARTMENT 102 The applicant shall comply with all conditions of approval of the Riverside County Fire Department (See Attached) CONDITIONAL USE PERMIT NO 2004 -27 103 The Conditional Use Permit approved herein shall lapse and shall become void one (1) year following the date on which the use permit became effective, unless prior to the expiration of one year, a building permit is issued and construction commenced and diligently pursued toward completion on the site 104 The Conditional Use Permit shall comply with the all applicable requirements of the Lake Elsinore Municipal Code, Title 17 unless modified by approved Conditions of Approval 105 The Conditional Use Permit granted herein shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was Page 17 of 19 AGENDA ITEM NO _`3-7 PAGE REVISED CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO 2004 -109 TENTATIVE PARCEL MAP (FOR CONDOMINIUM PURPOSES) MAP NO 32674, RESIDENTIAL DESIGN REVIEW NO 2004 -11, CONDITIONAL USE PERMIT NO 2004 -27 AND MITIGATED NEGATIVE DECLARATION NO 2005 -04 FOR THE "RIVERLAKE VILLAS" the subject of this approval 106 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 Conditional Use Permit No 2004 27/Residential Design Review No 2004 -11, which action is brought forward 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 107 Prior to final certificate of occupancy of the Conditional Use Permit, 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 108 The applicant shall at all times comply with Section 17 78 (Noise Control) of the Lake Elsinore Municipal Code which requires noise or sound levels to be below 50 decibels between the hours of 7 00 am to 10 00 pm and below 40 decibels between the hours of 10 00 pm to 7 00 am in nearby residential areas Construction is allowed Monday through Friday only Construction is not allowed on weekends or holidays 109 Security lighting shall be required 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 Page 18 of 19 AGENDA ITEM NO �v1 PAGE r OP REVISED CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO 2004 -10, TENTATIVE PARCEL MAP (FOR CONDOMINIUM PURPOSES) MAP NO 326749 RESIDENTIAL DESIGN REVIEW NO 2004 -11, CONDITIONAL USE PERMIT NO 2004 -27 AND MITIGATED NEGATIVE DECLARATION NO 2005 -04 FOR THE "RIVERLAKE VILLAS" 110 TUMF Fees shall be paid at issuance of certificate of occupancy and at a rate in effect at that time Added to City Council Report dated 8 -28 -07 111 Existing Conditions of Approval of TPM 32674 are in effect throughout the allowed extension of time of this map Note This map needs to show the correct right of -way dedication as required of Condition of Approval No 54 Added to City Council Report dated 8 -28 -07 End of Conditions Note * Italics indicates addition to text, strikethfou 13 indicates removal from text Page 19 of 19 AGENDA ITEM NO 30 PAGE_,�2-- ,Of-!` -� 10/26/04 Riverside County LMS Page 1 11 15 CONDITIONS OF APPROVAL PATIO PERMIT Permit No FIRECONDS Parcel 10 GENERAL CONDITIONS FIRE DEPARTMENT 10 FIRE 2 USE * - 423 -MIN REQ FIRE FLOW Minimum required fire flow shall be 1500 GPM for a 2 hour duration at 20 PSI residual operating pressure which must be available before any combustible material is placed on the lob site Fire flow is based on type VN_ construction per the 2001 CBC and Building(s) having a fire sprinkler system 10 FIRE 3 USE 420 -SUPER FIRE HYDRANT Super fire hydrant (s) (6 x4 x2 1/2 ) shall be located not less than 25 feet or more than 165 feet from any portion of the building as measured along approved vehicular travel ways USE #25 -GATE ENTRANCES Gate entrances shall be at least two feet wider than the width of the traffic lane(s) serving that gate Any gate providing access from a road to a driveway shall be located at least 35 feet from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road Where a one -way road with a single traffic lane provides access to a gate entrance a 40 foot turning radius shall be used 10 FIRE 5 USE * -488A- AUTO /MAN GATES Gate(s) shall be AUTOMATIC or manual operated minimum 20 feet in width with a setback of 35 feet from face of curb /flow line Gate access shall be equipped with a rapid entry system Plans shall be submitted to the Fire Department for approval prior to installation Automatic /manual gate pins shall be rated with shear pin fdree not to exceed 30 foot pounds Automatic gates shall be equipped with emergency backup power Gates activated by the rapid entry system shall remain open until closed by the rapid entry system (current plan check deposit base fee is $126 00) 10 FIRE - -�� CASE - CITY CASE STATEMENT LW- TR32674 LAKE ELSINORE DRAFT DRAFT DRAFT ISR-A " AGENDA ITEM NO 3� PAGE OF �J QJ 10/26/04 Riverside County LMS Page 2 11 15 CONDITIONS OF APPROVAL PATIO PERMIT Permit No FIRECONDS Parcel 10 GENERAL CONDITIONS 10 FIRE 6 CASE - CITY CASE STATEMENT (cont ) DRAFT With respect to the conditions of approval for the referenced project the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and /or recognized fire protection standards 80 PRIOR TO BLDG PRMT ISSUANCE FIRE DEPARTMENT 80 FIRE 1 USE - #17A -BLDG PLAN CHECK $ DRAFT Budding Plan check deposit base fee of $1 056 00 shall be paid in a check or money order to the Riverside County Fire Department after plans have been approved by our office 80 FIRE 2 USE - #4 -WATER PLANS DRAFT The applicant or developer shall separately submit two copies of the water system plans to the Fire Department for review and approval Calculated velocities shall not exceed 10 feet per second Plans shall conform to the fire hydrant types location and spacing and the system shall meet the fire flow requirements Plans shall be signed and approved by a registered civil engineer and the local water company with the following certification I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department 90 PRIOR TO BLDG FINAL INSPECTION FIRE DEPARTMENT 90 FIRE 1 SMP - #45 -FIRE LANES DRAFT Applicant or developer shall prepare and submit to the Fire Department for approval a site plan designating required fire lanes with appropriate lane painting and /or signs 90 FIRE 3 USE - #27- EXTINGUISHERS DRAFT Install portable fire extinguishers with a minimum rating of 2A -10BC and signage Fire Extinguishers located in public areas shall be in recessed cabinets mounted 48' (inches) to AGENDA ITEM NO 31 PAGE�Of LO/26/04 Riverside County LMS Page 3 L1 15 CONDITIONS OF APPROVAL PATIO PERMIT Permit No FIRECONDS Parcel 90 PRIOR TO BLDG FINAL INSPECTION 90 FIRE 3 USE - 427- EXTINGUISHERS (cont ) DRAFT center above floor level with maximum 4 projection from the wall Contact Fire Department for proper placement of equipment prior to installation 90 FIRE 4 USE - #36 -HOOD DUCTS DRAFT CLUBHOUSE INSTALL A U L 300 duct fire extinguishing system must be installed over the cooking equipment Wet chemical extinguishing system must provide automatic shutdown of all electrical componets and outlets under the hood upon activation System must be installed by a licensed C 16 contractor Plans must be submitted with current fee to the Fire Department for review and approval prior to installation NOTE A dedicated alarm system is not required to be installed for the exclusive purpose of monitoring this suppression system However a new or pre - existing alarm system must be connected to the extinguishing system (* separate fire alarm plans must be submitted for connection) (current plan check deposit base fee is $215 00) 90 FIRE 5 USE - #12- SPRINKLER SYSTEM DRAFT CLUBHOUSE Install a complete fire sprinkler system per NFPA 13 1999 edition (13D and 13R system are not allowed) in all buildings requiring a fire flow of 1500 GPM or greater Sprinkler system(s) with pipe sizes in excess of 4 in diamter will require the project structural engineer to certify (wet signature) the stability of the building system for seismic and gravity loads to support the sprinkler system All fire sprinkler risers shall be protected from any physical damage The post indicator valve and fire department connection shall be located to the front within 50 feet of a hydrant and a minimum of 25 feet from the building(s) A statement that the building(s) will be automatically fire sprinkled must be included on the title page of the building plans (current sprinkler plan check deposit base fee is $614 00 per riser) pplicant or developer shall be responsible to install a L Central Station Monitored Fire Alarm System Monitoring system shall monitor the fire sprinkler system(s) water AGENDA VMM NOp---- pAGE_�1._.Of � _. 10/26/04 Riverside County LMS Page 4 11 15 CONDITIONS OF APPROVAL PATIO PERMIT Permit No FIRECONDS Parcel 90 PRIOR TO BLDG FINAL INSPECTION 90 FIRE 5 USE - #12- SPRINKLER SYSTEM (cont ) DRAFT flow P I V 's and all control valves Plans must be submitted to the Fire Department for approval prior to installation Contact fire department for guideline handout (current monitoring plan check deposit base fee is $192 00) AGENDA ITEM NO 37 PAGE 3a OF�_ CD joy a dnw Q wm�n°Q a � onazo° Uaz� rk� Q d z�mJaO i � z � oz -wN �d P5 y a < Fa4 Q K °wo z O cF z U W 5 V U s p $ Q N � 1 � R8 l I � rL3Oisaal Ig���lJ L —J —J L sjJ abJ L —J L 961 - - - -- r - -r i b rn L 8 s - -J 4 $3 ; s I o I U 4 n L - -J r s s I 8� 4 5 V U s p $ Q N � 1 � R8 l I � rL3Oisaal Ig���lJ L —J —J L sjJ abJ L —J L 961 - - - -- r - -r q rn L s - -J 4 8� s I o I U 4 n L - -J r s s I 8� 4 $� Q �y ig G °V a a t t 4 ti v � h Q Q Q W 3 I ' IA � I i I I E � Al I j I �I I I o0 LJ W >Q d Z� Ln I� I I k� I II 4 2 d y4U O 4 x} ; W� fs x iJ SPP v i i Rya L.J LzJ L —J L —J Lzj L —J L —J LzJ L —J L,AGENDAfMMN0 Z a 3NOZ 66L£l ON tOVal lVI1N301S3a PAGE�I_OF 1A N� ti � N w � nn� I� sod' e O OfoVm LJJ U000� 3 8 d EE 8 m€ 9 9 3 (, Fmzaw �gy s. Y8 a- = °a d ~aoa ay i ffi k g S YE $$4 SB 4 S O LLJ PAM b81d"�i 3 Q cc O Z s LLI Q 5 y � i �� ga J J i g �� 8 (w z o v y� a a° a Cl nft Q Q L l W a � I � oz 8 xtl $m, W \ g4 ��� o W Q i I a > a� — jjs,� z W B II K M Y Jval n�, ` 99 4l N 3� AGENDA ITEM NO F \ \ \\ \ r F- L \ } / / }} y, ®ae VA , ,, ■ ; ! : , •.,! / / w ®`¥ • § \!) \\ {• ®' ;!�(; }e.`aa HMO. I � 10�\ k� , � I }( )� }\ d | \� ( k | ` \ \x z \ \ / < / § \ w /) \\ _2(_2E,2L :} \ «,2: - ::,: ` 6.a e wmm AGENDA ITEM m \ � %| +` { ®w, 4 ,r::_ ::_ ::, F- L \ } / / }} y, ®ae VA , ,, ■ ; ! : , •.,! / / w ®`¥ • § \!) \\ {• ®' ;!�(; }e.`aa HMO. I � 10�\ k� , � I }( )� }\ d | \� ( k | ` \ \x z \ \ / < / § \ w /) \\ _2(_2E,2L :} \ «,2: - ::,: ` 6.a e wmm AGENDA ITEM m \ � %| +` { ®w, 4 PLANNING COMMISSION STAFF REPORT Cryd Uk 0 a P/ g D 130S M n 5 n W E) n ¢ G 9530 (9 ) 674 31M (909) 471 1419 6 7 a 1} aA e r� DATE July 5 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 04 General Plan Amendment No 2004 10 Tentative Parcel Map (For Condominium Purposes) No 32674 Conditional Use Permit No 2004 27 and Residential Design Review No 2004 11 — APN 379 315 033 APPLICANT Riverlake Villas Partners LP (formerly Spathco) 4995 Murphy Canyon Road Suite 402 San Diego California 92123 (Owner Same) PROJECT REQUEST • Mitigated Negative Declaration No 2005 04 The City of Lake Elsinore intends to adopt a Mitigated Negative Declaration (MND) pursuant to the Gwdehnes established by the Cahforma Environmental Quality Act (CEQA) • General Plan Amendment No 2004 10 The applicant requests approval to amend the General Plan Land Use Map by changing the land use designation of a 4 9 acre site from General Commercial (GC) (permitting retail commercial uses) to Medium High Density (MHD) residential (permtting 18 dwelling umts /net acre maximum) The review and analysis of this General Plan Land Use Map Amendment is pursuant to Government Code Section(s) 65350 through 65362 the City of Lake Elsinore General Plan and Chapter 17 92 (Hearings) of the Lake Elsinore Municipal Code (LEMC) • Tentative Parcel Map No 32674 (For Condominium Purposes) The applicant is requesting approval of Tentative Parcel Map (For Condominium Purposes) No 32674 pursuant to Section 16 Subdivisions of the LEMC Chapter 17 30 (Condomimum and Condo AGENDA ITEFJ61lD ✓% PACE IJZ._p PLANNING COMMISSION STAFF REPORT JULY 5, 2005 Page 2 of 14 PROJECT TITLE GENERAL PLAN AMENDMENT NO 2004 10, TENTATIVE PARCEL MAP NO 32674 (FOR CONDOMINIUM PURPOSES), CONDITIONAL USE PERMIT NO 2004 27, RESIDENTIAL DESIGN REVIEW NO 200411, MITIGATED NEGATIVE DECLARATION NO 2005 04 Conversions) of the LEMC and Sections(s) 66424 and 66427 of the California Subdivision Map Act (CSMA) • Residential Design Review No 200411 The applicant is requesting Design Review consideration for the construction of fifty one (51) single family detached residential condominium units Review is pursuant to applicable Chapters in the LEMC Conditional Use Permit No 2004 27 The applicant is requesting the approval of a conditional use permit to allow for the development of 51 single family residential detached residential condominium units which will be part of an underlying common area pursuant to Chapter 17 30 (Condominium and Condo Conversions) and Chapter 17 74 (Conditional Use Permits) of the LEMC BACKGROUND During the early 1990 s the project site was occupied by Lakeside Adolescent Facility The business was closed and abandon due to financial issues Subsequently the facility became an illegal residence home to transients Vandalism graffiti and fires were common occurrences on the site until the current owner purchased the property in 2004 The existing building and debris were removed in November 2004 There have not been any further disturbances to the neighboring property owners or City Staff since the removal of the facility PROJECT LOCATION The 4 9 acre project site is located at 32281 Riverside Drive between Grand Avenue and Lakeshore Drive (APN 379 315 033) ENVIRONMENTAL SETTING t,,:acf�s�M7s. 5 'vo 'J3 PACE OF v—= 13 EXISTING LAND USE ZONING GENERAL PLAN Project Site Vacant R 3 High Density Residential General Commercial Northwest Residential R 2 Medium Density Residential Medium Density Northeast Flood Channel Southeast Commercial CP Commercial Park Future Specific Plan I Southwest Residential R 2 Medium Density Residential Medium Density t,,:acf�s�M7s. 5 'vo 'J3 PACE OF v—= 13 PLANNING COMMISSION STAFF REPORT JULY 5, 2005 Page 3 of 14 PROJECT TITLE GENERAL PLAN AMENDMENT NO 2004 10 TENTATIVE PARCEL MAP NO 32674 (FOR CONDOMINIUM PURPOSES), CONDITIONAL USE PERMIT NO 2004 27, RESIDENTIAL DESIGN REVIEW NO 200411, MITIGATED NEGATIVE DECLARATION NO 2005 04 PROJECT DESCRIPTION GENERAL PLAN AMENDMENT NO 2004 10 The applicant requests approval to amend the General Plan Land Use Map from the existing designation of General Commercial to Medium High Density The change will bring the General Plan Designation into conformance with the current zoning of R 3 (High Density Residential District) The Medium High Density allows for up to 18 dwelling units per acre The R 3 zone allows for up to 24 dwelling tout per acre The proposed project is a unique development that is proposing 51 single family detached condominium units that will be individually sold This relatively low density proposal will equate to 10 3 dwelling units per acre TENTATIVE PARCEL MAP NO 32674 (FOR CONDOMINIUM PURPOSES) The applicant requests approval to establish a proposed residential condominium community known as Riverlake Villas Pursuant to Section 66424 of the California Subdivision Map Act (CSMA) condominium projects are defined as subdivision and are reviewed pursuant to Section 16 of the LEMC The proposed Map is divided into three lots Lot A — private roadways guest parking and public utilities (136 164 square feet) Lot B — common open space ( 68 352 square feet) and Lot C residential units and private open space (104 507 square feet) The common open space area is primarily the recreation center that includes a club house children s pool tot lot covered picnic tables and barbeques A paved path interconnects the residential units to the recreation area Other common open space areas are the front landscaped areas of each unit parking areas and the secondary emergency access road that is provided pursuant to the direction of Riverside County Fire Department CONDITIONAL USE PERMIT NO 2004 27 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 Planning Commission is empowered to grant or deny applications for Conditional Use Permits and to inipose reasonable conditions upon the granting of Conditional Use Permits RESIDENTIAL DESIGN REVIEW NO R 2004 11 Site Plan The project is being developed on a vacant 4 9 acre site The project proposes a private entry gate located approximately 60 feet back from Riverside Drive The entrance will include a decorative AGENDA ITEM NO PAGE5(P Or ✓E) PLANNING COMMISSION STAFF REPORT JULY 5, 2005 Page 4 of 14 PROJECT TITLE GENERAL PLAN AMENDMENT NO 2004 10, TENTATIVE PARCEL MAP NO 32674 (FOR CONDOMINIUM PURPOSES), CONDITIONAL USE PERMIT NO 2004 27, RESIDENTIAL DESIGN REVIEW NO 200411, MITIGATED NEGATIVE DECLARATION NO 2005 04 paving and planter feature Upon entering the project the residence are greeted by a water fountain The condominiums; are single family detached units with private mdividual fenced rear yards The units are located on a serpentine road that encircles the project The central area is devoted to a recreation area that consists of a club house children s pool tot lot covered picnic tables and barbeques There are also two (2) other small picnic areas that include tables and barbeques located on two (2) sides of the project The recreation area comprises 31 622 square feet which exceeds the required common open space area of 12 750 square feet An emergency access is provided pursuant to the request of Riverside County Fire Department There are three (3) residential plans offered for purchase Plan A is 1 535 square foot Plan B is 1 291 square feet and Plan C is 1 552 square feet Each plan includes a living room doing room kitchen three bedrooms two and one half baths and a washer and dryer closet There is an attached two (2) car garage and parking for two (2) additional open parking spaces The total building area is 75 754 square feet or thirty five percent (35 %) of the project site which is within the maximum building area allowed of sixty percent (60 1/6) pursuant to the LEMC As mentioned each unit is provided with a fenced rear yard or private open space These private open space areas range in size from 392 square feet for Unit 43 to 2 729 square feet for Unit 12 with an average private open space area of approximately 918 square feet which exceeds the mmimum required private open space area of 100 square feet per unit pursuant to Chapter 17 28 (R 3 High Density Residential District) The project will be completely enclosed with a decorative block wall with pilasters Units that back to the recreation area will have wrought iron view fencing Entrance wrought iron fencing will be provided across the front of the units The City Standard wood fencing will be used between lots A combination stucco and wrought iron fence will be used at the entrance Czrrulatzon and Parkin The private circular road will be twenty four feet (24� in width which will allow for two (2) way vehicular movement Parking will not be allowed along either side of this road way Curbs will be painted red with No Parking Allowed lettering The circulation plan has been reviewed and accepted by the Riverside County Fire Department The entrance will allow for stacking of three (3) cars in front of the gate A proposed deceleration lane will allow additional stacking if needed To prevent any possible stacking issues a Condition has been included that does not allow for left turns into the project As mentioned Riverside County Fire Department has required a secondary twenty four foot (24) wide emergency access with a twenty four foot (24) double gate locked with a Knox box This driveway will be paved with planter block covered with sod so that is will appear to be part of the front lawn AGENDA mi No 57 PAGE: --I— CF_651R> PLANNING COMMISSION STAFF REPORT JULY 5 2005 Page 5 of 14 PROJECT TITLE GENERAL PLAN AMENDMENT NO 2004 10, TENTATIVE PARCEL MAP NO 32674 (FOR CONDOMINIUM PURPOSES), CONDITIONAL USE PERMIT NO 2004 27, RESIDENTIAL DESIGN REVIEW NO 200411, MITIGATED NEGATIVE DECLARATION NO 2005 04 Pursuant to Chapter 17 66 (Parking Requirements) of the LEMC and using the strictest requirements for single family umts the proposed project would require 102 covered parking spaces and 102 open parking spaces The applicant is providing this requirement plus an additional twenty four (24) open parking spaces adjacent to the recreation center Four (4) handicap spaces are also provided for a total of 228 parking spaces L andscabinP The applicant is providing 104 522 square feet of landscaping or forty eight percent (48 %) of the project site Landscaped areas include the landscaping along Riverside Drive front yard landscaping and the common area which includes the recreation area The plant palette is identified on the Landscape Plan 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 sized floor plans (Plan A Plan B and Plan C) The architecture proposed is a Mediterranean style that includes wrought iron true arched windows with wide surrounds tile roof and staggering wall planes Colors and Matenals The applicant will use three color combinations for the three (3) uruts proposed Plan A will use the No 258 Colonnade with accent No 350 Dusty Rose Plan B No 225 Sorrento accent No 283 Bone and Plan C No 450 Cypress and accent No 63 Classic Cream ANALYSIS GENERAL PLANAMENDMENT NO 200410 In reviewing the requested land use map amendment staff analyzed potential implications of the proposed amendment as it related to both the Housing Element and the Circulation Element of the General Plan Specifically staff identified the compatibility with the existing zone designation of R 3 (High Density Residential District) the neighboring residential products the local housing problems and needs and the potential of resulting traffic issues related to an increase in the housing stock In conjunction with the mandates of the General Plan staff was concerned with any potential impacts that would be detrimental to the health safety comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City Based on this analyses staff has concluded that the requested amendment to the General Plan Land Use Map allowing the development of the subject condominium project will bring the General Plan Designation into conformance with the R 3 zone and the neighboring residential uses An AGEAIDA ITLEM taO '57 PAGE-;1'0v Dr G✓v� PLANNING COMMISSION STAFF REPORT JULY 5 2005 Page 6 of 14 PROJECT TITLE GENERAL PLAN AMENDMENT NO 2004 10, TENTATIVE PARCEL MAP NO 32674 (FOR CONDOMINIUM PURPOSES), CONDITIONAL USE PERMIT NO 2004 27, RESIDENTIAL DESIGN REVIEW NO 200411, MITIGATED NEGATIVE DECLARATION NO 2005 04 existing R 2 residential development is located on two sides of the project and includes lot configurations known as zero lot line The lots average approximately 31 feet by 100 feet R 2 allows for up to 12 dwelling units per acre The northeast boundary is adjacent to a flood control channel and an R 3 zoning designation which allows up to 24 dwelling units per acre The project proposes 10 2 dwelling units per net acre Therefore Staff found that the proposal would be compatible with the existing Medium and Medium High Density neighboring residential projects Therefore Staff found that the amendment is consistent with GOAL 10 of the General Plan Housing Element obligating the City to provide decent housing opportunities and a satisfying living environment for residents of Lake Elsinore Additionally 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 hinitation) dedication of vacant land construction of affordable units on another site or payment of an in heu 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 Furthermore Staff found that the traffic impacts related to these requests are considered acceptable according to the Tentative Parcel Map No 32674 Traffic Impact Analysis Qune 21 2005) submitted by Urban Crossroads with the recommended tmtigations and Conditions of Approval In deliberation of this request staff considered the proxminy of this project to the new Lakeside High School as a cumulative project The High School is located southwest of the proposed project site along Riverside Drive The Traffic Impact Analysis found that the current level of service (LOS) is D or better The proposed project would add approximately 522 ADT (average daily trips) on Riverside Drive and is considered a cumulative project to the new high school Ultimately the report found that this will not be considered a substantial increase to traffic load since Riverside Dive will continue to operate at an acceptable LOS Additionally the applicant will be required to pay all associated traffic mitigation fees per the Conditions of Approval The Traffic Study indicated that the 522 ADT did not warrant the requirement of a traffic signal under project build out (2007) conditions however that the proposed access to the Community be restricted to a right m /tight out' only Consequently a left turn would not be recommended The report concluded that with this mitigation measure implemented both the project intersection and Riverside Drive would operate at an acceptable LOS No additional mitigation measures were found to be necessary AGENDA ITEM NO 37 PAGE - a otl- PLANNING COMMISSION STAFF REPORT JULY 5, 2005 Page 7 of 14 PROJECT TITLE GENERAL PLAN AMENDMENT NO 2004 10, TENTATIVE PARCEL MAP NO 32674 (FOR CONDOMINIUM PURPOSES) CONDITIONAL USE PERMIT NO 2004 27, RESIDENTIAL DESIGN REVIEW NO 200411, MITIGATED NEGATIVE DECLARATION NO 2005 04 Finally the report found that the mimmum storage distance at the entry between the gate and public street be 100 feet The plan shows a storage distance of approximately 60 feet As an alternative solution the deceleration lane would provide added storage Therefore the access gate could remain at the location shown on the site plan The applicant has been conditioned to allow the deceleration lane for the safe vehicular stacking No additional mitigation measures were necessary In summary Staff feels that the proposed General Plan Amendment will not be detrimental to health safety and welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City TENTATIVE PARCEL MAP NO 32674 �FORCONDOMINIUM 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 unmistakable 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 requited 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 (HOA) must be established prior to the sale of the first unit sold The HOA will be empowered to administer 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 Required) of the LEMC which will require that a homeowners association be established prior to the sale of the fast 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 RESIDENTIAL DESIGN REVIEW NO 2004 11 Szttza 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 five percent (35 %) building coverage instead of the allowed sixty percent (60 %) coverage as defined in Chapter 17 02 (Definitions) Further the applicant has exceeded the parking requirements per Chapter 17 66 (Parking Requirements) of the LEMC (204 required /228 provided) {i4ENDA ITE OF PAGE PLANNING COMMISSION STAFF REPORT JULY 5 2005 Page 8 of 14 PROJECT TITLE GENERAL PLAN AMENDMENT NO 2004 10, TENTATIVE PARCEL MAP NO 32674 (FOR CONDOMINIUM PURPOSES), CONDITIONAL USE PERMIT NO 2004 27, RESIDENTIAL DESIGN REVIEW NO 200411, MITIGATED NEGATIVE DECLARATION NO 2005 04 Noise According to the Noise Study prepared by Urban Crossroads on June 21 2005 the primary noise impact would be interior noise levels that would be generated by the traffic along SR 74 The report found that interior noise levels would exceed the California state standard of 45 dBA CNEL for residential uses at the second level of the units thereby representing a significant noise impact The recommended mitigation measure requires that the applicant prescribe specific building measures to ensure that interior noise levels comply with the State s interior noise standard A condition of approval has been added to meet this recommendation Tra c As mention previously a Traffic Study was prepared by Urban Crossroads Inc on June 21 2005 evaluating the Riverlake Villa project 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 interim Year (2007) (3) project access interim year signal warrant analysis (4) project access intersection operation analysis (5) gated access stacking requirements and (6) on site circulation recommendations to achieve City of Lake Elsinore level of service requirements Foremost the Traffic Impact Analysis referenced herein found that the project access intersection is anticipated to operate at a Level of Service (LOS) E or F without the proposed improvements anticipated by the City These improvements consist of 1) on site signing /striping sight distance at the project entrance reviewed with respect to Caltrans /County of Riverside sight distance standards 3) provide a deceleration /acceleration lane 4) access restricted to right turn m /out 5) a pedestrian walkway constructed along Riverside Drive and 6) Riverside Drive constructed to its ultimate half section width as an Urban Arterial The project has been conditioned to meet these suggested requirements Circulahon 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) Subsequently the applicant has provided 204 covered spaces and 224 open standard parking spaces No compact spaces are being proposed as a part of this application All parking has been designed to provide complete and thorough circulation The applicant has provided 24 0 two way drive isles throughout the site Staff has determined that the circulation will present adequate turning radu and turnarounds for emergency and trash and delivery vehicles A secondary emergency access driveway has been provided as directed by the Riverside County Fire Department AGENDAITE�fN40,� 3? P AGE P ��j PLANNING COMMISSION STAFF REPORT JULY 5, 2005 Page 9 of 14 PROJECT TITLE GENERAL PLAN AMENDMENT NO 2004 10, TENTATIVE PARCEL MAP NO 32674 (FOR CONDOMINIUM PURPOSES), CONDITIONAL USE PERMIT NO 2004 27, RESIDENTIAL DESIGN REVIEW NO 200411, MITIGATED NEGATIVE DECLARATION NO 2005 04 Pnvate Qten dace The applicant has exceeded the open space requirement set forth in Chapter 17 28 (R 3 Medium High Density Residential Distnct /Open Space) of the LEMC Each unit is provided with a fenced rear yard or private open space area These private open space areas range in size from 392 square feet for Unit 43 to 2 729 square feet for Unit 12 with an average private open space area of approximately 918 square feet which exceeds the m,mmum required private open space area of 100 square feet pursuant to R 3 zone of the LEMC The applicant calculates that approximately 7 344 square feet of private open space would be required The total private open space provided is 46 797 square feet Arcbztecture 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 Additionally the applicant has provided varying features including wrought iron trim arched windows with wide surrounds tile roof and staggering wall planes which will create light and shadow Color and Matenals The color and materials proposed for this project meets the requirements set forth within Chapter 17 14 (Residential Development Standards) of the LEMC in that the colors and materials proposed will create a sensitive alteration of colors and materials producing diversity and enhancing the architectural effects MULTIPLE SPECIES HABITAT CONSERVATION PLAN The project site is not located within a criteria cell of the Multiple Species Habitat Conservation Plan or within the City of Lake Elsinore s Species Survey Area therefore no further review was required ENVIRONMENTAL DETERMINATION The proposed Mitigated Negative Declaration No 2005 04 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 June 24 2005 for the required 30 day review period which will end on July 25 2005 prior to City Council consideration No comments have been received at this time rvc� JH $TE� O PAGE;'�� PLANNING COMMISSION STAFF REPORT JULY 5, 2005 Page 10 of 14 PROJECT TITLE GENERAL PLAN AMENDMENT NO 2004 10, TENTATIVE PARCEL MAP NO 32674 (FOR CONDOMINIUM PURPOSES), CONDITIONAL USE PERMIT NO 2004 27, RESIDENTIAL DESIGN REVIEW NO 200411, MITIGATED NEGATIVE DECLARATION NO 2005 04 STAFF'S RECOMMENDATION Staff recommends that Planning Commission adopt Resolution No 2005 _, recommending City Council adoption of Mitigated Negative Declaration No 2005 04 Resolution No 2005 _recommending to the City Council approval of General Plan Amendment No 2004 10 Resolution No 2005 _ recommending to the City Council approval of Tentative Parcel Map No 32674 (For Condominium Purposes) Resolution No 2005 _ recommending to the City Council approval of Residential Design Review No 2004 11 Resolution No 2005 _ approving Conditional Use Permit No 2004 07 based on the following Findings Exhibits and subject to the attached Conditions of Approval 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 bas made revisions to the prodect or bas agreed to specific conditions which would avoid the effects or mitigate the effects of the project to appoint where no significant effects would occur 2 There is no substantial evidence in the light of the whole record before the agency that the project as revised may have sigmficant effect on the environment Pursuant to the evidence received in the light of the whole record presented to staff the project unll not have a significant effect on the environment considering the applicable Conditions of Approval and Mitigation Monitoring Report Program FINDINGS — GENERAL PLAN AMENDMENT NO 2004 10 1 The proposed General Plan Amendment will not be a) detrimental to the health safety comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City or b) injurious to the property or improvements in the neighborhood or within the City The proposed General Plan Amendment has been analyzed relative to its potenhakty to be detrimental to the bealtb safety comfort and welfare of the persons rending or working within the neighborhood of the proposed amendment The primary issue identified by staff relates to the traffic impacts of the proposed dennty Staff concluded based on the Traffic Impact Report the Level of Seance for the intersections in the Study Area =11 not be degraded as a result of this prodect considering the mitigations :dent fled and the improvement required AGENDA REM NO 37- iui PAC E��OF�i PLANNING COMMISSION STAFF REPORT JULY 5, 2005 Page 11 of 14 PROJECT TITLE GENERAL PLAN AMENDMENT NO 2004 10 TENTATIVE PARCEL MAP NO 32674 (FOR CONDOMINIUM PURPOSES) CONDITIONAL USE PERMIT NO 2004 27, RESIDENTIAL DESIGN REVIEW NO 200411, MITIGATED NEGATIVE DECLARATION NO 2005 04 2 The proposed General Plan Amendment will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties The proposed General Plan Amendment will allow the applicant to develop the site with the proposed density of 10 3 dwelling units per acre 3 The proposed General Plan Amendment will not have a significant effect on the environment The proposed General Plan Amendment was included within the descr ption of the project s Initial Study Based on the Initial Study staff recommends that City Council adopt a Mitigated Negative Declaration which concluded with mitigations that the project will not have a significant effect on the environment FINDINGS — TENTATIVE PARCEL 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 functional mix of residential commercial industnal open space recreational and institutional land uses (GOAL 10 Land Use Element) as well provide decent housing opportunitzes and a satisfying kvzng environment for residents of Lake Elsinore (GOAL 10 Housing Element) 2 The effects this project is likely to have upon the housing needs of the region the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced Considering the effects this project is likely to have upon the needs of the region a condition of approval was implemented which would require the applcant to enter into an agreement with the Redevelopment Agency of the City of Lake Elsinore providing 15% of the units in the project as affordable housing units in accordance with the requirements of Section 33413(b) of the Calsforma Community Redevelopment Law or an alternative equivalent action which may include (watbout 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 undenvnte the long term affordabihty of an equivalent number of redevelopment project areas 3 Subject to the attached conditions of approval the proposed project is not anticipated to result in any significant environmental impact The project has been adequately conditioned by all applicable departments and agencies and will not therefore result in any ngnificant environmental impacts AGENDA li MPiti 37 --.,,Y PAGE 4P—/-_OF_ PLANNING COMMISSION STAFF REPORT JULY 5, 2005 Page 12 of 14 PROJECT TITLE GENERAL PLAN AMENDMENT NO 2004 10, TENTATIVE PARCEL MAP NO 32674 (FOR CONDOMINIUM PURPOSES), CONDITIONAL USE PERMIT NO 2004 27, RESIDENTIAL DESIGN REVIEW NO 200411, MITIGATED NEGATIVE DECLARATION NO 2005 04 FINDINGS — RESIDENTIAL DESIGN REVIEW NO R 2004 11 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 hezrzn comphes ninth the goals and objectives of the General Plan in that the approval of this Condominium Community null assist in achieving the development of a well balanced and functional mix of residential commercial industrial open pace recreational and institutional land uses as well as encouraging industrial land uses to diversify Lake Elsinore 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 appmpnate to the site and surrounding developments in that the Condominium project has been designed in consideration of the sz .Ze and shape of the property thereby creating interest and varying vistas as a person moves along the street Further the project as proposed will create a msualy pleasing non detractive relationship between the proposed and existing projects in the architectural design color and materials and site design proposed evidence a concern far quality and originahty 3 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 project proponent and significant adverse effects would not be anticipated Further pursuant to the California EnmrvimientalQmaho Act (CEQA) the Mitigated Negative Declaration for the proposed Residential Design Review referenced herein found that the proposed project =11 not have a significant eect on the environment pursuant to the attached Conditions ofApproval and mitigations 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 Pursuant to Section 17 82 070 (Action of the Planning Commission) of the Lake Elsinore Mumc pal Code (LE.MC) the proposed Residential Design Review referenced herein has been scheduled for consideration and approval of the Planning Commission FINDINGS — CONDITIONAL USE PERMIT NO 2004 27 The proposed use on its own merits and within the context of its setting is in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located In order to achieve a well balanced and functional mix of residential commercial industrial open pace recreational and institutional land uses staff has tborougby evaluated the land use compatibihty noise traffic and other environmental baZards related to the proposed Conditional Use Permit for a Condominium Community AGENDA ITEM NO PAGE OF iJ PLANNING COMMISSION STAFF REPORT JULY 5, 2005 Page 13 of 14 PROJECT TITLE GENERAL PLAN AMENDMENT NO 2004 10, TENTATIVE PARCEL MAP NO 32674 (FOR CONDOMINIUM PURPOSES), CONDITIONAL USE PERMIT NO 2004 27, RESIDENTIAL DESIGN REVIEW NO 200411, MITIGATED NEGATIVE DECLARATION NO 2005 04 referenced herein Accordingly the pmposed land use is in concurrence with the objectives of the General Plan and the purpose of the planning distract in which the site is located 2 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 1774 (Conditional Use Permits) of the Lake Elsinore Municipal Code the City realtZed that the pmposed condominium use referenced herein may have a potential to negatively impact the welfare ofpersons residing or working within the neighborhood or the City Considenng this staff has substantiated that all applicable City Departments and Agencies have been afforded the opportunity for a thorougb review of the use and have incorporated all applicable comments andl or conditions related to installation and maintenance of landscaping, street dedications regulations of points of vehicular ingress and egress and coniml 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 3 The site for the intended use is adequate in size and shape to accommodate the use and for all the yards setbacks walls or fences landscaping buffers and other features required by Title 17 of the LEMC The proposed condominium use referenced berein has been designed in consideration of the size and shape of the property thereby strengthening and enhancing the immediate industrial area Further theproject as proposed will complement the quality of existing development and will create a visually pleasing, non detractive relationship between the proposed and exzshrig projects in that the storage area has been reviewed to ensure adequate provision of screening from the public rights of way or a ,�acent propertres 4 The site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use The proposed condominium use referenced herein has been reviewed as to its relation to the width and type of pavement needed to carry the �vpe and quantity of traffic generated in that the City has adequately evaluated the potential:mpacts associated unth the proposed out storage pear to its approval and has conditioned the proyect to be served by roads of adequate capacity and design standards to provide reasonable access by car truck transit and bicycle 5 In approving the subject use located at 32281 Riverside Drive — APN 379 315 033 there will be no adverse affect on abutting property or the permitted and normal use thereof The proposed use has been thorougbly reviewed and conditioned by all applicable Ctty Departments and outside Agencies eliminating the potential for any and all adverse effects on the abutttng properly 6 Adequate conditions and safeguards pursuant to Section 17 74 50 of the LEMC have been incorporated into the approval of the Conditional Use Pemut to insure that the use continues in a manner envisioned by these findings for the term of the use AGENDA ITEM NO 5-) PACE�_G PLANNING COMMISSION STAFF REPORT JULY 5, 2005 Page 14 of 14 PROJECT TITLE GENERAL PLAN AMENDMENT NO 2004 10, TENTATIVE PARCEL MAP NO 32674 (FOR CONDOMINIUM PURPOSES), CONDITIONAL USE PERMIT NO 2004 27, RESIDENTIAL DESIGN REVIEW NO 200411, MITIGATED NEGATIVE DECLARATION NO 2005 04 Pursuant to Section 1774 050 (Action of the Planning Commission) of the Lake Elnnoir Mumapal Code (L.EMC) the Condominium Communty known as Rmerlake Villas has been scheduled for consideration and approval of the Planning Commission Prepared by Reviewed by Approved by 1 Exhibit A 2 Exhibit B 3 Exhibit C 4 Exhibit D 5 Exhibit E 6 Exhibit F 7 Exhibit G Linda M Miller, AICP, Project Planner Rolfe Preisendanz, Planning Manager Robert A Brady, AICP, City Manager Vicinity Map Reductions Grading Plan TPM Site Plan Landscape Plan Fencing Plan Entrance Details Elevations Floor Plans Applicants Information Report Mitigated Negative Declaration Full sized exlubits Grading Plan TPM Site Plan Landscape Plan Fencing Plan Entrance Details Elevations Floor Plans Colored Elevations /Site Plan (Presented at Hearing) Color and Materials (Presented at Hearing) AGENDA ITE PAGE,�.DF -�— RESOLUTION NO 2005 79 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL ADOPTION OF MITIGATED NEGATIVE DECLARATION 2005 04 FOR THE PROJECT KNOWN AS GENERAL PLAN AMENDMENT NO 2004 10, TENTATIVE PARCEL MAP (FOR CONDOMIMIUM PURPOSES) MAP NO 32674, RESIDENTIAL DESIGN REVIEW NO 200411, AND CONDITIONAL USE PERMIT NO 2004 27 LOCATED AT 32281 RIVERSIDE DRIVE – APN 379 315 033 WHEREAS an application has been filed with the City of Lake Elsinore by Riverlake Villas Partners LP to request approval of Mitigated Negative Declaration No 2005 04 for the purpose of developing a residential condominium community WHEREAS Mitigated Negative Declaration No 2005 04 has been prepared to evaluate environmental impacts resulting with the project and WHEREAS the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendation to the City Council adopting Mitigated Negative Declaration No 2005 04 and WHEREAS public notice of said application has been given and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on July 5 2005 and WHEREAS a Notice of Intent to Adopt (NOI) has been filed with the Office of Planning and Research and the County of Riverside Clerk of said applications and the Planning Division has requested a public review period of said document from June 24 2005 to July 25 2005 WHEREAS the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOLVE as follows Mitigated Negative Declaration No 2005 04 has been prepared submitted and reviewed in accordance with requirements of the California Environmental Quality Act and the City s CEQA requirements The report is complete and adequate in it s evaluation of all environmental effects of the project known as Riverlake Villas and associated discretionary approvals and will not result in any significant environmental affects with mitigation measures based on the following findings AGENDA ITEN(,N0 _ PAGE OF -- /� -�6/�, — ®F —�— PLANNING COMMISSION RESOLUTION FOR MITIGATED NEGATIVE DECLARATION NO 2005 10 Page 2 of 2 FINDINGS — MITIGATED NEGATIVE DECLARATION NO 2005 03 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 thepmject or bas agreed to speezfic conditions which would avoid the effects or mitt the effects of the project to a point where no szgnilicant effects would occur 2 There is no substantial evidence in the light of the whole record before the agency that the project as revised may have significant effect on the environment Pursuant to the evidence received to the light of the whole record presented to staff the project nnll not have a significant effect on the environment conszdenng the applicable Conditions of Approval and Mitigation Monitoring Report Program WHEREAS the Planning Commission recommends to the City Council that it finds that Mitigated Negative Declaration No 2005 04 is complete and adequate and provides appropriate environmental documentation for the project and fully complies with the requirements of CEQA the State CEQA Guidelines and the City's environmental clearance procedures NOW THEREFORE based on the above findings the Planning Commission of the City of Lake Elsinore DOES HEREBY RECOMMEND that the City Council of the City of Lake Elsinore certify Mitigated Negative Declaration No 2005 04 Ron LaPere Chairman Lake Elsinore Planning Commission I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on July 5 2005 by the following vote AYES Commissioners LAPERE O NEAL GONZALES NOES Corninissioners ABSENT Commissioners LARIMER ABSTAIN Commmssioners ATTEST Robert A Brady Secretary to the Planning Commission AGENDA M NO 37 PACE 413 RESOLUTION NO 2005 V A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF GENERAL PLAN AMENDMENT NO 2004 -10 AMENDING THE LAND USE DESIGNATION OF THE PARCEL IDENTIFIED AS ASSESSOR PARCEL NUMBER 379 315 033 WHEREAS Riverlake Villas Partners LP has initiated proceedings to amend the General Plan Land Use Map by requesting a General Plan Amendment changing the designation of the parcels known as Assessor Parcel Number 379 315 033 from General Commercial (GC) to Medium High Density (MHD) and WHEREAS the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council for changes to the approved General Plan Land Use Map and WHEREAS public notice of said application has been given and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on July 5 2005 NOW THEREFORE the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOLVE as follows SECTION 1 The Planning Commission has considered the proposed General Plan Amendment No 2004 10 prior to making a decision to recommend that the City Council approve the proposed amendment to the Land Use Designation The Planning Commission finds and determines that Mitigated Negative Declaration No 2005 04 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of the proposed project based upon the following findings and determinations SECTION 2 That in accordance with State Planning and Zoning law and the City of Lake Elsinore the following findings for the approval of General Plan Amendment No 2004 10 FINDINGS - GENERAL PLAN AMENDMENT NO 200410 1 The proposed General Plan Amendment will not be a) detrimental to the health safety comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to the properly or improvements in the neighborhood or within the City AGENDA ITEM!40 37 PACE J� OF PLANNING COMMISSION RESOLUTION FOR GENERAL PLAN AMENDMENT NO 200410 Page 2 of 2 :r / r 0 II' I r / i r I' /' Pn w / • / 'I Y • /1 I1I I' I I'I1. :I /' I'• r / :/ r r 1 11':I IIn /' /•r I'n IYr iI r I I 1 Lr :/ . :/ 2 The proposed General Plan Amendment will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties The prgl ed General Plan A rrerdmu wll allow the applrant to dez4 doe site wth die proposal density qF 103 d&aWvgww per am 3 The proposed General Plan Amendment will not have a significant effect on the environment 7heproposal General Plan Ane rbn" zees u dudd wthn dice daarpt m gfdx prole t s lw&d Su4 Basal on the Imal SU4 staff nw maids dart Clay C.aor d adapt a MrhgzW Ncg=w Ddaratr 4 ubz& amd:wed wth magmm that the project udl not h=a sigmfrcaru gfat on the o=romm x NOW THEREFORE based on the above findings the Planning Commission of the City of Lake Elsinore DOES HEREBY RECOMMEND that the City Council of the City of Lake Elsinore approve General Plan Amendment No 2004 10 Ron LaPere Chairman Lake Elsinore Planning Commission I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on July 5 2005 by the following vote AYES Commissioners NOES Commissioners ABSENT Commissioners ABSTAIN Commissioners ATTEST Robert A Brady Secretary to the Planning Commission AGENDA ITEM M6 37 PAGE !� OF RESOLUTION NO 2005 81 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF TENTATIVE PARCEL MAP (FOR CONDOMINIUM PURPOSES) NO 32674 FOR THE "RIVERLAKE VILLAS" LOCATED AT 32281 RIVERSIDE DRIVE - APN 379 315 033) WHEREAS an application has been filed with the City of Lake Elsinore by Riverlake Villas Partners LP (formerly Spathco) to request the approval of Tentative Parcel Map (For Condommium Purposes) No 32674 for the establishment of a residential condomuuurn community WHEREAS the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of recommending approval of Tentative Parcel Maps (For Condominium Purposes) for residential projects and WHEREAS public notice of said application has been given and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on July 5 2005 and WHEREAS the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of recommending approval for Tentative Parcel Maps NOW THEREFORE the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOLVE as follows SECTION 1 The Planning Commission has considered the proposed request for Tentative Parcel Map (For Condominium Purposed) Map No 32674 and has found it acceptable The Planning Commission finds and determines that this project is consistent with Section 16 Subdivisions of the Lake Elsinore Municipal Code (LEMC) Section(s) 66424 and 66427 of the California Subdivision Map Act (CSMA) and that Mitigated Negative Declaration No 2005 4 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of the project based upon the following findings and determinations SECTION 2 That in accordance with the Section(s) 66424 and 66427 of the California Subdivision Map Act (CSMA) and Section 16 Subdivisions of the Lake Elsinore Municipal Code (LEMC) the following findings for the approval of the condominium map has been made as follows FINDINGS - TENTATIVE PARCEL MAP (FOR CONDOMINIUM PURPOSES) 1 The proposed subdivision together with the provisions for its design and unprovement 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) ACUIDA ITEM 910 3% PAGE 5 :1- OF iJ -� PLANNING COMMISSION RESOLUTION FOR TENTATIVE PARCEL MAP (FOR CONDOMINIUM PURPOSES) NO 32674 Page 2 of 2 The project as designed assists in achieving the development of a well balanced and functional mix of residential commer ial industrial open space recreational and institutional land uses (GOAL 10 Land Use Element) as well provide decent housing opportunities and a sati fytng living environment for residents of Lake Elsinore (GOAL 10 Housing Element) The effects this project is likely to have upon the housing needs of the region the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced Considering the effects this project is likely to have upon the needs of the region a condition of approval was implemented which would require the applicant to enter into an agreement with the Redevelopment Agency of the City of Lake Elsinore providing 15% of the units in the project as affordable housing units in accordance wetb 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 sufzcient funds to underwrite the long term affordability of air equivalent number of redevelopment project areas 3 Subject to the attached conditions of approval the proposed project is not anticipated to result in any significant environmental impact The project has been adequately conditioned by all applicable departments and agencies and will not therefore result in any significant environmental impacts NOW THEREFORE based on the above Findings the Planning Coinirussion of the City of Lake Elsinore DOES HEREBY RECOMMEND TO THE CITY COUNCIL APPROVAL of a Tentative Parcel Map (For Condominium Purposes) No 32674 Ron LaPere Chairman Lake Elsinore Planning Comtmssion I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on July 5 2005 by the following vote AYES Comrissioners LAPERE O NEAL GONZALES NOES Commissioners ABSENT Commissioners LARIMER ABSTAIN Commissioners ATTEST Robert A Brady Secretary to the Planning Commission AGENDA ITEM N0 '52 PAOE2��OP_ RESOLUTION NO 2005 82 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF RESIDENTIAL DESIGN REVIEW NO 2004 11 FOR THE DESIGN, CONSTRUCTION AND ESTABLISHMENT OF THE "RIVERLAKE VILLAS" LOCATED AT 32281 RIVERSIDE DRIVE —APN 379 315 033 WHEREAS an application has been filed with the City of Lake Elsinore by Riverlake Villas Partners LP to request the approval of Residential Design Review No 2004 11 for the design construction and establishment of a residential condominium community WHEREAS the Planning Comnussion of the City of Lake Elsinore has been delegated with the responsibility of recommending approval of Design Reviews for residential projects and WHEREAS public notice of said application has been given and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on July 5 2005 and NOW THEREFORE the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOLVE as follows SECTION 1 The Planning Commission has considered the proposed request for Residential Design Review No 2004 11 and has found it acceptable The Planning Commission finds and determines that this project is consistent with the Lake Elsinore Municipal Code and determines that Mitigated Negative Declaration No 2005 04 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of the proposed project based upon the following findings and determinations SECTION 2 That in accordance with Chapter 17 82 (Design Review) of the Lake Elsinore Mumcipal Code the following findings for the project have been made as follows FINDINGS — RESIDENTIAL DESIGN REVIEW NO R 2004 11 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 herern comphes wtb the goals and objectives of the General Plan in that the approval of this Condominium Communidy null assist in achieving the development of a well balanced and functional mix of residential commercial industrial open space reimational and institutional land uses as well as encouraging industrial land uses to diverstj Lake Elsinore 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 propery tbereby AGENDA ITEM NO -- — PAGE OF PLANNING COMMISSION RESOLUTION FOR RESIDENTIAL DESIGN REVIEW NO 2004 11 Page 2 of 2 creatin g interest and varying vistas as a person moves along the street Further the pmject as pmposed =11 create a msual y pleasing non detractive relationship between the pmposed and existing projects to the architectural design color and matenals and site design proposed evidence a concern for quality and originality 3 Subject to the attached Conditions of Approval the proposed project is not anticipated to result in any significant adverse environmental impacts Altbough the proposed project could have a significant effect on the environment because revisions in the pmyect have been made by or agreed to by the project proponent and significant adverse effects would not be anticipated Further pursuant to the Cakforma EnvtronmentalQualzty Act (CEQA) the Mitigated Negative Declaration for the pmposed Residential Design Review mferenced berein found that the proposed project will not have a significant effect on the environment pursuant to the attached Conditions ofApproval and mitigation pmposed 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 Pursuant to Section 17 82 070 (Action of the Planning Commission) of the Lake Elsinore Mumapal Code (LEMC) the pmposed Residential Design Review referenced heroin has been scheduled for consideration and approval of the Plammq Commission NOW THEREFORE based on the above Findings the Planning Commission of the City of Lake Elsinore DOES HEREBY RECOMMEND TO THE CITY COUNCIL APPROVAL of a Residential Design Review No R 2004 11 Ron LaPere Chairman Lake Elsinore Planning Commission I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on July 5 2005 by the following vote AYES Commissioners LAPERE O NEAL GONZALES NOES Commissioners ABSENT Commissioners LARIMER ABSTAIN Comrrnssioners ATTEST Robert A Brady Secretary to the Planning Commission AGENDA ITEM NO _ :]k7 PAGE RESOLUTION NO 2005 83 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO 2004 27 FOR THE ESTABLISHMENT OF THE "RIVERLAKE VILLAS", LOCATED AT 32281 RIVERSIDE DRIVE — APN 379 315 033 WHEREAS an application has been filed with the City of Lake Elsinore by Riverlake Villas Partners LP to request the approval of a Conditional Use Permit 2004 27 for the establishment of Riverlake Villas and WHEREAS the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of approving Conditional Use Permits for condominium projects and WHEREAS public notice of said application has been given and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on July 5 2005 NOW THEREFORE the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOLVE as follows SECTION 1 The Planning Commission has considered the proposed request for Conditional Use Permit No 2004 27 and has found it acceptable The Planning Commission fords and determines that this project is consistent with the Lake Elsinore Municipal Code and determines that Mitigated Negative Declaration No 2005 04 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of the proposed project based upon the following findings and determinations SECTION 2 That in accordance with Chapter 17 74 (Conditional Use Perinits)) of the Lake Elsinore Municipal Code the following findings for the project have been made as follows FINDINGS — CONDITIONAL USE PERMIT NO 2004 27 1 The proposed use on its own merits and within the context of its setting is in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located In order to achieve a well balanced and functional mix of residential commeraal industrial open space recreational and institutional land uses staff has thoroughly evaluated the land use conitatibility noise traffic and other environmental hazards related to the proposed Conditional Use Permit for a Condominium Community referenced herein According the the land use is to concurrence with the objectives of the General Plan and the purpose of the planning district zn which the site is located AGENDA ITEM NO 37 pAGE- PLANNING COMMISSION RESOLUTION FOR CONDITIONAL USE PERMIT NO 2004 27 Page 2 of 3 2 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 Mumapal Code the City reahZed that the proposed condominium use referenced herein may have a potential to negatively impact the welfare of persons residing or working =thin the neighborhood or the City Considering this staff has substantiated that all applicable City Departments and Agencies have been afforded the opportumty for a thorough review of the use and have incorporated all applcable comments andl or conditions related to installation and maintenance of landscaping, street dedications regulations of points of vehicular ingress and egress and control of potential nuisances so as to eliminate any negative impacts to the general health safety comfort orgeneral welfare of the surrounding neighborhood or the City 3 The site for the intended use is adequate in size and shape to accommodate the use and for all the yards setbacks walls or fences landscaping buffers and other features required by Title 17 of the LEMC The proposed condominium use referenced herein has been designed in consideration of the szZe and shape of The properly thereby strengthening and enhancing the immediate industrial area Further the project as proposed mill complement the qualzty of ex7stmg development and will create a nsualy pleasing, non detractive relationship between the proposed and existing projects in that the storage area has been reviewed to ensure adequate provuton of screening 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 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 trick transit and bigcle 5 In approving the subject use located at 32281 Riverside Drive — APN 379 315 033 there will be no adverse affect on abutting property or the permitted and normal use thereof The proposed use has been thorougbly reviewed and conditioned by all applicable City Departments and outside Agencies eliminating the potential for any and all adverse effects on the abutting property 6 Adequate conditions and safeguards pursuant to 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 Commi srou) of the Lake Elsinore Municipal Code (LEMC) the Condominium Communtdy known as Rzverlake Villas has been scheduled for consideration and approval of the Planning Commission AGENDA ITEM NO 37 PAGE of 6A PLANNING COMMISSION RESOLUTION FOR CONDITIONAL USE PERMIT NO 2004 27 Page 3 of 3 NOW THEREFORE based on the above Findings the Planning Commission of the City of Lake Elsinore DOES HEREBY APPROVE Conditional Use Permit No 2004 27 Ron LaPere Chairman Lake Elsinore Planning Commission I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on July 5 2005 by the following vote AYES Commissioners NOES Commissioners ABSENT Comtrnsstoners ABSTAIN Comtmsstoners ATTEST LAPERE O NEAL GONZALES LARIMER Robert A Brady Secretary to the Planning Commission AGENDA ITEM NO - 37 PAGE A - OF CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT A BRADY, CITY MANAGER DATE AUGUST 28, 2007 SUBJECT INFRASTRUCTURE AND FACILITIES REIMBURSMENT AGREEMENT BACKGROUND Toyota Motor Sales, U S A, Inc has agreed to purchase 10 acres of vacant land located on Auto Center Drive near Avenue 12 and directly across from the Ford dealership On December 12, 2006, the City Council approved a Commercial Design Review for the construction of a new 29 632 square foot building on a five acre site that is part the above described 10 acre site The five acre site was to be developed with a Chrysler/Dodge /Jeep dealership Toyota Motor Sales is proposing to construct a 76 960 square foot state of the art Image USA II Toyota Dealership on the entire 10 acre site If a Toyota dealership is constructed, the Chrysler/Dodge /Jeep dealership would have to be constructed on an alternate site The City approved a public infrastructure reimbursement agreement for the Chrysler/Dodge /Jeep dealership up to an amount of $911,812 over a period of eight years The reimbursement would be for the cost of public infrastructure for the project A measure of sales tax generated from the project would be utilized to reimburse the developer Reimbursement would be based on fifty percent of the quarterly sales tax revenues generated If the dealership discontinued operation witlun the term of the agreement, all future reimbursements would be forfeited The City has previously assisted new development which created substantial public benefit in the way of public infrastructure fob creation revenue generation and improvements to the community with a reimbursement agreement for the cost of the public infrastructure The funds are provided after the project is complete and revenues are being generated Similar agreements for both Lake Chevrolet and Lake Elsinore Ford were fully reimbursed earlier than anticipated due to the success of each dealership AGENDA ITEM NO —23—� PAGE OF 2 E Report to the Mayor and City Council August 28, 2007 Page 2 Toyota Motor Sales is proposing to eliminate the $911,812 public infrastructure reimbursement agreement and to enter into a new agreement with the City Under the Toyota proposal, the dealership would receive an amount equal to 50 percent of the annual sales tax generated for a period of six years All on and off site improvement costs, including public improvement costs, associated with development of the project would be paid for up front by Toyota Toyota estimates that the total cost to develop the dealership is $31 142 367 This includes design costs permits and fees land costs and construction costs The public improvements proposed as part of this project would include such things as improving Auto Center Drive to its full width including curbs gutters sidewalks and a center median, the relocation of power poles, drainage improvements and np rap along the San Jacinto River channel as required The proposed dealership would occupy the entire 10 acre site Toyota is one of the top two automobile manufactures in the world in terms of total vehicles sold The establishment of a Toyota dealership in Lake Elsinore would help to attract other manufactures such as Honda and Nissan to locate dealerships in the City and further the development of the Lake Elsinore Auto Mall along Auto Center Drive In addition to attracting new dealerships, a Toyota dealership would also help to increase sales at existing dealerships which is the basis for the creation of an auto mall Increased choices and competition will attract a greater number of customers The dealership would also create between 100 and 150 new fobs and generate other public economic benefits Toyota has stated that the dealership is projected to be completed and in operation during the year 2010 FISCAL IMPACT As the City of Lake Elsinore continues to grow, the cost of providing public safety recreation and maintenance services necessary to meet the needs and expectations of residents and business owners will require increased sources of revenue Retail sales tax revenues can be cultivated to fund these AGENDA ITEM NO 3 9 PAGE, Z- 0FT Report to the Mayor and City Council August 28, 2007 Page 3 services The City has been successful in attracting many of the big box anchor retailers including, Walmart, Costco, Target, Home Depot and Lowes along with numerous other retailers in the associated shopping centers The type of retail sales that has the greatest potential to increase in Lake Elsinore is the automobile sector An increase in the number of automobile dealerships in Lake Elsinore would significantly increase sales tax revenues to provide vital services to the community A Toyota dealership could serve a similar role as an anchor tenant in a shopping center to attract other dealerships to the City Toyota Motor Sales projects that their annual taxable sales for a dealership would be approximately three times greater than a Chrysler/Dodge /Jeep dealership based on current sales trends Toyota estimates that the average annual taxable sales would be approximately $89,102 200 for the first six years of operation in Lake Elsinore Based on Toyota Motor Sales proposal the dealership would generate $2,673 066 in sales tax revenue to the City over the first six years of operation RECOMMENDATION It is recommended the City Council review and discuss the proposed infrastructure and facilities reimbursement program with Toyota and, if approved, direct staff to prepare an agreement for consideration by the City Council in September 2007 PREPARED BY APPROVED FOR AGENDA LISTING Attachments ALLBrady, City Manager 7� MANAGER'S AGENDA ITEM NO 2 PAGE.3.OF 2 $ �g 4 15 N Q9 5 r $ a 4S i19K 11 9 y i Ela a 419 @8 96 s ° 8 Si§ YGlE� 16 i4E6 Hi 9z @6 F EYp4' �g� a G4 a` Yt; Y 0 q it t A i �@ i Y � e�Yge,g3�4 7f �, 69 YY �4� g Ya9 � e3e6eG'e Y � `'� 6 !§ g GEE 633336696366 65g 3 € 3 @633 i G a 11d; 9�pg� }y�ij �1e6(p� o° pgalg�pl papag4pa gSp4p6gSpbp6ypay §16gp5p�6p9 papBpa p4gap 'w ttA: tYeY4� C @ €9�� TP i3 Q�i �6���� 'A�96�[!'lilYFYf 8f888Ge Yk MY�! eFYCtlC3 4�41��� vw i ��aa sor AGENDA ITEM NO �✓ O PAGE 0,- a May 3 2007 Mr Robert Brady City Manager City of Lake Elsinore 130 S Main Street Lake Elsinore CA 92530 VIA HAND DELIVERY Dear Mr Brady Toyota Motor Sales U.S A Inc 19001 South Western Avenue A138 Torrance CA 4fAY 3104684000 0050] 42007 310381 -8572 Fax As we discussed at our April 12 meeting I am enclosing Toyota s sales tax sharing proposal in conjunction with our recently submitted design application for a new Toyota automobile dealership in Lake Elsinore Toyota is very enthusiastic about Lake Elsinore however a sales tax sharing agreement With the City is an important component of our decision to proceed with the project As you will see our proposal is similar to what other cities have used but more significantly is designed to benefit all concerned the City the Community and a new Toyota Dealer in Lake Elsinore We are very hopeful to establish Toyota in Lake Elsinore and greatly appreciate all the support you and your staff can give us Sincerely WUL William T Nicklas Toyota Dealer Investment Group wlll_nicklas@toyota com Enclosures AGENDA ITEM NO y__.__ q -- PAGe.__I._- — Sales Tax Sharing Proposal between Toyota and the City of Lake Elsinore Backeround Toyota Motor Sales U S A Inc (TMS) has contracted to purchase a 10 acre parcel of property (APN 363 130 086 2) located at the southwest corner of Avenue 12 and Auto Center Drive The property is currently owned by The Automotive Group Inc based in Vista CA The Automotive Group had intended to develop the property for use as a Ford dealership and subsequently a much smaller Chrysler /Jeep/Dodge outlet Both projects were approved by the City of Lake Elsinore TMS is currently conducting its due diligence with respect to the potential purchase of the property If TMS consummates the purchase it intends to appoint a dealer who will develop the site as one of Southern California s premier Toyota dealerships Obiective Because of the extraordinary cost to purchase and develop the property and in light of the additional public benefit we hope Toyota will bnng to Lake Elsinore Toyota desires to enter into a sales tax sharing agreement with the City which would substantially increase and sustain revenue to Lake Elsinore over and above the current plan while providing a necessary incentive to develop the site for a state of the art Toyota facility Proposal In order to offset significant development costs associated with a Toyota project on this property and in recognition of the potential benefit Toyota will bring to the City of Lake Elsinore it is proposed that ➢ Developer o Design and construct a new Image USA II Toyota Dealership consistent with City conditions o Fund and manage the construction of certain off site improvements to Auto Center Drive ➢ City of Lake Elsinore o Share 50% of sales tax revenue generated by Toyota Dealer capped at 6 years AGENDA ITEM NO �- PAGF ' - OFl 2 S Rationale Extraordinary development costs for the site ➢ The project site has a significant slope along the northern boundary which restricts the property from flat pad building without significant expense to erect necessary retaining structures ➢ In consideration of the residents living in the neighborhood adjacent to the property substantial expense will go for landscaping and organic screening materials to enhance views from Avenue 12 as well as mitigate acoustics ➢ Increased landscaping will necessarily consume space that would otherwise be used for new vehicle parking and display ➢ In addition according to the RS Means Survey commercial development costs in the Riverside area are 5 3% lugher than the national average' ➢ The price for which The Automotive Group has offered to sell the property to Toyota (19 51 psf) is at a premium relative to other recently sold commercial properties likely reflecting adjacent land The Automotive Group has agreed to donate to the public for preservation Toyota wants to benefit and be a value to the City and Residents of Lake Elsinore ➢ Existing and future Toyota owners in the Lake Elsinore market will have a compelling reason to keep their purchases in Lake Elsinore ➢ A Toyota dealership located in Lake Elsinore gives the City the opportunity to attract other automotive dealerships and ancillary businesses continuing the diversification of its economic base ➢ Employing between 100 and 150 associates a new Toyota dealership in Lake Elsinore would provide excellent career opportunities for residents as well as additional economic stimulus ➢ As depicted below and on the attached worksheet because Toyota already outsells the Chrysler /Jeep/Dodge brands by nearly 3 1 the proposed sales tax sharing plan is anticipated to generate significantly more income for the city o Tlus tax revenue will be new to the city and a direct result of Toyota sales What is shared are from new funds there is NO expense to the City AGENDA ITEM NO -31 PAGE_�—OF- . 3 Agreements of this nature are not uncommon in Cahforma ➢ In June 2004 the City of Newport Beach City Council approved a sales tax sharing agreement with Newport Lexus2 • City contributes 100% of sales tax generated at the site to recover permit fees developer paid to city (approx $843K) • City contributes 50% of the sales tax generated at the site paid quarterly • Amount not to exceed $9 500 000 plus 5% per annum ➢ In October 2005 the City of Imperial signed a reimbursement agreement for the location of a Toyota dealership • City contributes $1 2M of developer s construction costs • City contributes 65% of all sales tax generated at the site paid quarterly • City contributes 70% of all sales tax generated at the site in excess of $550K for any fiscal year paid quarterly • Agreement terminates after 10 years Conclusion Toyota is studying locating a new state of the art dealership in Riverside County to accommodate continued growth in sales and provide additional convenience for its growing customer base Lake Elsinore provides an excellent location however the property that Toyota is considering has certain development challenges that would require substantial expense to overcome in order to establish a viable dealership that meets the needs of all concerned (City Community and Dealer) We are grateful that the City has expressed an interest in having Toyota as a member of the Lake Elsinore community It is with that in mind that we respectfully submit our proposal AGENDA ITEM NO �7 PAiiOF Z" End Notes SRS Means Building Construction Cost Data, 65u' Annual Edition 2007 pg 687 2Bnanna Lusk Imperial Rogers reach $12 million deal hnpenal Valley Press circa 25 Oct 2005 local edition ' Amendment to Sales Tax Sharing Agreement Newport Beach City Council 2005 Homer Bludau City Manager April 27 2007 httn / /www city newport beach ca us /CouncilAgendas/2005fh02 0815 htm AGENDA ITEM NO 'a___ _-- PAGE._8 OF 2" S El Chrysler /Jeep /Dodge Reimbursement Plan Annual Revenue Est (CIJ /D) $30 493 627 Annual Sales Tax @ 1% $304936 Disbursement Plan 50% to City and Dealer Total Sales Tax to City /Dealer by Year 6 % Share Total Sales Tax to City /Dealer (yrs 7 10) % Share Total Sales Tax to City/Dealer by Year 10 % Share Toyota Sales Tax Sharma Proposal City Dealer Total $152468 $152468 $304936 $917616 $912000 $1 829 616 5015% 4985% 10000% $1 219 745 100% $2137361 7009010 Annual Revenue Est (Toyota) $92 404 931 Annual Sales Tax @ 1% $924049 Sharing Proposal 50% to City and Dealer Annually Total Sales Tax to City /Dealer by Year 6 Total Sales Tax to City/Dealer by Year 6 After PI % Share Total Sales Tax to City/Dealer (yrs 7 10) % Share Total Sales Tax to City/Dealer by Year 10 % Share $462025 $1 219 745 $912000 $3 049 361 29 91 % 10000% Dealer Total $462025 $924049 $2 772 148 $2 772 148 $5 544 296 $2 772 148 $2 772 148 $5 544 296 5000% 5000% 10000% $3 696 197 $3 696 197 100% $6468345 $2 772 148 $9 240 493 70 00% 3000% 10000% AGENDA ITEM NO 3�. 1 ----- PAGE OF 24 O L 0 J � vW O O jg J IL vpo,. Zli AGENDA ITEM NO PAGE. --OFZ I LLI W Z r �I a 0 • :.1 !1 . AGENDA ITEM NO 3'__ PAGE JL_OF O _O V ''L^^ N� Y. 4d Gi ,E � N C Q � — N L O J � to � O O >% O >% H 0 !1 . AGENDA ITEM NO 3'__ PAGE JL_OF LLI V w m O N AGENDA ITEM NO 3;9 PAGE"/L OF LF O ca C0 0 0 C0 T3 o U � a U E o W 90 a� o ca Cl) Co � N o AGENDA ITEM NO 3;9 PAGE"/L OF LF O L O O N ui d Jd O J O O O N Q i i U) O d O �N O` O O O q� ii O Lm IL O co O CL 0 O. N U O c O E N N L 0) cu 0) L cu co X cn _Q) cu co 2 Sol i1. AGENDA ITEM NO 3 B — FAGE12.OF Lb' rm d J Id O YI L CL L U) U) 0 r N IZ 0 L. a. 0 sZ 0 L U i y-+ .0 y-+ y-+ CC C L cu O> C L cu co X cu cn (0 M M AGENDA ITEM NO 9 PAgE - U 0 0 ~ X co N Co 0 O. 'C 0 2 O cn N E p Q L co a) co cu Q Q 0 M AGENDA ITEM NO 9 PAgE - L O a N W c� J O zam L. CL L i N m O ♦a m 4V` L N CL O a a N O Q O Cl U) U N L C N N O L L cn ICU co (D co i O X 2 O 0 Fu ti— O O Lo . cu O \° 0 O Lo . O O O c cn O U O O N O co O � O E 6' a.� U co C2 N . 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Lno CL V/ L V m AW O O m w O O O O O 4. 7 M ti N O N C co N O W � N -p Y O (0 cl J Q. - C L N -0 Z, O U CO O C -�-j O c 0 O Or_ O >, co O O H cn T T 0 N a 3 w d C z AGENDA ITEM NO 'SZ PAGE Z L-OF.L-L i R C O ti M U N N ti N W 0 o IL O CO qt d co ; (� N ti + N � t + V C 0) ti Liq l Z O C � ,2 >, 0 y N ti N w o J H O C O � d ~ w d N M I` CIF) U N !� 5)o ! m CD ' CD N O Lo O 0 N O) '- C O I� Lo N " O C r O � O CL N N L L m c6 O 0 U ® H ❑ T T 0 N a 3 w d C z AGENDA ITEM NO 'SZ PAGE Z L-OF.L-L O L IL T C O y O C. E O 0 O. t Lo d Ta d D N ON N 00 0000) N M M c0Lo U) 't O r0 00 L0 � O (1) 03 C co 4 Q N cn U O �N cm V CU N U 4O ca O� O H O N 7 O CD a N cn O O F- M N O. C N x N C O O �p�00N�M O �NOONtI� N I,- N -O CO O O N U y N O O O �Irn C N T 0 C W L r^O` CL W 0 N } yJ O+ CU C C ��/� C ED 0 � m W Se Q O N IO— 2 y Z LT U LL U Y m cu N t � C (D !Z L 0) C co CO -0 N L N O Q O H (n cu Q L O i O Q N> N 0 U 0 L >,U O C co 4 Q N cn U O �N cm V CU N U 4O ca O� O H O N 7 O CD a N cn O O F- p U N O. 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AGENDA IIEM NO 9� mGE2: OF » � A� { �n r4� ■ x III1 n�� s TW AT CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY TO MAYOR AND CITY COUNCIL CHAIRMAN AND REDEVELOPMENT AGENCY BOARD FROM ROBERT A BRADY, CITY MANAGER/EXECUTIVE DIRECTOR DATE AUGUST 28, 2007 SUBJECT CITY CLERK EMPLOYMENT AGREEMENT BACKGROUND In connection with recruitment of a City Clerk and Agency Secretary, the City Council and Redevelopment Agency Board directed the City Attorney to prepare an agreement setting forth the terms under which Vivian Munson will now serve as the permanent City Clerk and Agency Secretary DISCUSSION A draft City Clerk Employment Agreement has been prepared by the City Attorney and is attached for the Council and Agency Board's consideration The Employment Agreement provides for a starting salary to $70,000 annually and a two (2) year employment term Benefits are generally commensurate with other department heads in the City FISCAL IMPACT The proposed amendment will establish compensation for the City Clerk/Agency Secretary at $70 000 per year RECOMMENDATION That the City Council and Agency Board approve the City Clerk Employment Agreement and authorize the Mayor and Chairman to execute the same AGENDA ITEM NO 3 PAGE OF REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY AUGUST 28, 2007 PAGE 2 OF 2 PREPARED BY BARBARA ZEID LEIBOLD, CITY ATTORNEY/ AGENCY GENERAL COUNSEL APPROVED FOR AGENDA BY DIRECTOR'S AGENDA EM NO 9 PAGE OF < CITY CLERK EMPLOYMENT AGREEMENT This Employment Agreement ( Agreement ) dated for identification purposes only as of August 28 2007 by and among the City of Lake Elsinore ( City ) and the Lake Elsinore Redevelopment Agency (the Agency ) on the one hand (the Agency and the City are collectively referred to herein as Employer ) and Vivian Munson ( Employee ) on the other hand This Agreement shall be effective as of September 10 2007 the date Employee shall begin acting in the capacity of City Clerk and Agency Secretary (the Effective Date ) RECITALS A Employer desires to employ the services of Vivian Munson as City Clerk of the City and Agency Secretary For purposes of this Agreement references to City Clerk shall be deemed to include the positions and duties of the City Clerk and the Agency Secretary B It is the desire of the City Council of the City of Lake Elsinore (the City Council ) and the Board of Directors of the Redevelopment Agency (the Agency Board ) acting as the legislative bodies of the City and the Agency respectively to provide certain benefits establish certain conditions of employment and to set working conditions of Employee C Employee desires to accept employment as City Clerk AGREEMENT Duties During the Term (as hereinafter defined) the Employee shall perform (a) the duties of City Clerk as such duties are prescribed by the laws of the State of California and the Lake Elsinore Municipal Code as the same now exists or as it may be amended subsequently and all policies adopted pursuant thereto (b) the duties of the Secretary to the Agency and (c) such other duties as the City Council or the Agency Board may lawfully assign to the Employee 2 Term a The term of this Agreement (the Term ) shall commence on the Effective Date and run until September 9 2009 b Employee shall remain in the exclusive employ of Employer throughout the Term except as provided in Sections 3 and 4 The term exclusive employ shall not be construed to include occasional teaching or writing performed in accordance with Section 9 of this Agreement during Employee s personal time so long as such activities do not interfere with the effective performance of Employee s duties as City Clerk C At the request of either parry the City Council and Employee may meet and confer to discuss the extension of the Term at any time prior to September 9 2009 Termination or Removal by Employer a Nothing in this Agreement shall prevent limit or otherwise interfere with the right of the City Council to terminate or remove the Employee as City Clerk at any time subject only to the provisions set forth herein City Clerk Employment Agreement AGENDA ITEM NO �-- PACE OF�— b In the event Employee is terminated by the City Council prior to the expiration of the Tenn Employer shall provide at its election one of the following (i) two months advance notice under which Employee shall continue her duties as City Clerk at the same rate of pay and benefits or (m) immediate termination of Employee s duties and Employer shall provide severance compensation equal to the lesser of (A) two months salary at the then current rate of pay or (B) salary for the remainder of the Term and further to provide continued health benefits (medical dental vision) for the applicable period under (A) or (B) The severance consisting of salary and any accrued leave time as provided in Section 7 shall be paid in a lump sum unless otherwise agreed to by the Employer and the Employee c Subject to the applicable provisions of Government Code section 54957 the decision to terminate or not renew this Agreement shall be made in closed session and confirmed in a public meeting In recognition of Employee s professional status and integrity Employee and the City Council shall prepare ajomt public statement to be made by the City Council at the public meeting when termination is confirmed d Employee may choose to resign her office instead of being terminated if a decision by the City Council to terminate has been made in closed session In such an event the public announcement as provided for in Section 3 paragraph c will note Employee has resigned and the provision Section 3 paragraph b remains applicable e In the event that termination is the result of an illegal act by Employee including but not limited to the acts described below the provisions of Section 3 paragraphs b c and d shall not be applicable unless otherwise determined by the City Council (1) the release of privileged documents or information without authorization malfeasance dishonesty for personal gain or moral turpitude willful or corrupt misconduct or conviction of any felony or or (2) willfully causing damage to public property or willfully wasting public supplies (3) specific acts or conduct which bring scandal or disrepute to the City or (4) insubordination which shall mean the willful refusal to obey lawful directions of the City Council or (5) absence without leave Employee Resignation a Nothing in this Agreement shall prevent limit or otherwise interfere with the right of the Employee to resign at anytime from her position as City Clerk subject only to the provisions set forth m Section 4 paragraph b and the requirements set forth herembelow b Unless otherwise agreed to by the parties in the event Employee desires to voluntarily resign his position with Employer as City Clerk before expiration of the Term Employee shall give Employer not less than two months advance written notice Disability If Employee is permanently disabled or is otherwise unable to perform her duties because of sickness accident injury mental incapacity or health for a period of four successive weeks or for City Clerk Employment Agreement AGENDA ITEM NO 3r) PAGE 41 OE twenty working days over a thirty working day period Employer shall have the option to terminate this Agreement subject to the requirements of Section 3 6 Sam Employer agrees to pay Employee for her services in the capacity of City Clerk an annual base salary equal to $70 000 00 payable in installments at the same time as other employees of Employer Consistent with City Council Policy of 300 11 Employer agrees to automatically increase the base salary of the Employee to reflect the cost of living increases accorded other City employees at the department head level at the same time and manner during the Term Any additional increase shall be dependent upon the results of the performance evaluation conducted under the provisions of Section 10 7 Benefits In addition to the salary set forth in Section 6 Employee shall receive benefits immediately upon the commencement of employment as follows a Consistent with other City employees at the department head level Employee shall be entitled to retirement (PEAS) medical insurance (including spouse and dependent children at no additional cost to Employee) Medicare dental insurance (including spouse and dependent children at no additional cost to Employee) vision insurance (including spouse and dependent children at no additional cost to Employee) long term disability insurance worker s compensation vacation based on the length of Employee s employment with the City sick leave administrative leave and holidays Employee shall not receive an automobile allowance b In lieu of the standard life insurance coverage provided to employees Employer shall purchase for Employee s benefit term life insurance coverage of $150 000 c Consistent with other City employees at the department head level at the time of leaving City employment Employee may at Employee s option take compensation for vacation accrued during all periods of employment with the City (as of the effective date of this Agreement accrued vacation is capped at 240 hours) administrative leave accrued during all periods of employment with the City and sick leave accrued during all periods of employment (hereinafter collectively as leave time ) (1) in a single lump sum based on Employer s then existing salary rate or (2) remain on the payroll for the period of time of any leave time until all leave time is used If Employee elects to remain on the City s payroll for any length of time after her termination it shall be for compensation purposes only and she shall have none of the duties or authority of the City Clerk 8 Hours of Work Employee shall establish an appropriate work schedule consistent with the City s 9/80 work schedule provided however that Employee shall be available as often and for as much time as the position of City Clerk requires Employee acknowledges that the duties of the City Clerk require regular attendance at night meetings City Cie k Employment Agreement AGENDA ITEM NO (�. PAGE V JF —'�' 9 Outside Activities Employee shall not spend more than five (5) hours per week unless on approved leave for purposes of teaching counseling or other non employer connected business without the prior approval of the City Council 10 Performance Evaluation Employer shall annually review the performance of the Employee in the month of January The process at a minimum shall include the opportunity for both parties to (a) prepare a written evaluation (b) meet and discuss the evaluation and (c) present a written summary of the evaluation results The written evaluation referenced in the previous sentence should be completed and delivered to the Employee within 10 days of the evaluation meeting 11 Tuition Reimbursement/Professional Organizations Employee agrees to maintain her notary certification current during the Term and to diligently complete the coursework requirements for obtaining a Certified Municipal Clerk certificate Employee shall be entitled to tuition reimbursement for such coursework Additionally Employee shall be entitled to tuition reimbursement consistent with other City employees subject to approval by the City Council Employer agrees to pay for the professional dues and subscriptions of Employee necessary for her continuation and full participation in national regional state and local associations and organizations necessary and desirable for her continued professional participation growth and advancement and for the good of the Employer 12 Other Business Expense Employer shall reimburse the Employee for all other actual and necessary employment related expenses including but not limited to miscellaneous City Clerk department expenses travel taxi and auto rental lodging meals memberships and subscriptions to the publications of professional organizations registration fees for training programs offered by such organizations and incidental costs relating to attendance at such programs or the conferences and meetings of such organizations Subject to the Lake Elsinore Municipal Code and the City s annual budget allocations Employee shall undertake such activities at her option and such activities shall be considered as part of the Employee s duties The Employee shall be reimbursed for such other expenses as the Employer shall approve by motion passed by the City Council Employee shall observe all current and future City policies governing these activities 13 Indemnification Employer shall defend save harmless and indemnify Employee against any tort professional liability claim or demand or other legal action whether groundless or otherwise arising out of an alleged act or omission occurring in the performance of Employee s duties as City Clerk Employer will compromise and settle any such claim or suit and pay the amount of any settlement orludgment rendered thereon 14 Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance City Clerk Employment Agreement AGENDA ITEM NO 3q PAGE 0 OF � 15 Other Terms and Conditions of Employment The City Council shall fix any such other terms and conditions of employment as it may determine from time to time relating to the performance of Employee provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement the Lake Elsinore Municipal Code or any applicable law Unless otherwise specified herein Employee shall be entitled to benefits granted to Employees covered by the City s general compensation plan for all unclassified and various classified employees 16 No Reduction of Benefits Employer shall not at any time during the Term of this Agreement reduce the salary compensation or other financial benefits of Employee except to the degree of such a reduction across the board for all employees of Employer or for cause as the result of disciplinary action 17 Notices Any notice given under this Agreement shall be in writing and either served personally or sent prepaid first class mail Any such notice shall be addressed to the other parry at the address set forth below Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section If to Employer City of Lake Elsinore Attn City Attorney 130 South Main Street Lake Elsinore CA 92530 If to Employee Ms Vivian Munson 130 South Main Street Lake Elsinore CA 92530 18 Entire Agreement This Agreement constitutes the complete and exclusive statement of Agreement between the Employer and Employee All prior written and oral communications including correspondence drafts memoranda and representations are superseded in total by this Agreement 19 Amendments or Extensions This Agreement may be modified amended or extended only by a written document executed by both Employee and Employer and approved as to form by the City Attorney 20 Waiver Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement 21 Severabilitv If any term or portion of this Agreement is held to be invalid illegal or otherwise unenforceable by a court of competentjurisdiction the remaining provisions of this Agreement shall continue in full force and effect City Clerk Employment Agreement !j (; AGENDA ITEM NO .7v1 22 Controlling Law Venue This Agreement and all matters relating to it shall be governed by the laws of the State of Califomia and any action brought relating to this Agreement shall to the extent allowed by law be held exclusively in a state court in the County of Riverside 23 Mediation The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation The parties shall mutually agree upon the mediator and share the costs of mediation equally It the parties are unable to agree upon a mediator the dispute shall be submitted to JAMS/ENDISPUTE ( JAMS ) or its successor in interest JAMS shall provide the parties with the names of five qualified mediators Each parry shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute If the dispute remains unresolved after mediation either party may commence litigation 24 Execution This Agreement may be executed in several counterparts each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto In approving this Agreement it shall not be necessary to produce or account for more than one such counterpart 25 Authority to Enter Agreement Each party warrants that the individuals who have signed this Agreement have the legal power right and authority to make this Agreement and to bind each respective party 26 Representation by Counsel Employee acknowledges that this Agreement has been prepared by Leibold McClendon & Mann P C as City Attorney for the Employer Employee acknowledges that she has been informed that she is entitled to and has been advised to seek separate legal representation and accordingly represents that she either (1) has engaged such counsel in connection with this Agreement or (u) has voluntarily decided to enter Into this Agreement without such representation City Clerk Employment Agreement AGENDA ITEM NO -- PAGE D / OF IN WITNESS WHEREOF the parties have caused this Agreement executed on the date first written above CITY OF LAKE ELSINORE Mayor Robert E Magee ATTEST Interim City Clerk/Intenm Agency Secretary APPROVED AS TO FORM City Attorney /Agency General Counsel City Clerk Employment Agreement LAKE ELSINORE REDEVELOPMENT AGENCY Chairman Thomas Buckley EMPLOYEE Vivian Munson AGENDA ITEM NO PAGE q OF q