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Agenda - Agenda Packets - Regular Meeting 2/5/2009 (2)
REQUEST TO SPEAK CITY COUNCIL AGENDA ITEM:02 0 SUBJECT: DATE: IN FAVOR: ❑ Name: _/)AA NEUTRAL: ❑ 377-4/Pi IN OPPOSITION: Representing: Address: 7 /-/ 2 7 3 3' -f•IsAf b City: ,. - .�,l� Telephone No: j CJ �"` ��� — 4' Individual speakers wishing to address an agenda item are requested to complete this card. Although you are not required to complete this card, the information will assist the City in addressing the issue(s) you raise. Individual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate time. Please make your presentation from the microphone. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE. MEETING. REQUEST TO SPEAK CITY COUNCIL AGENDA ITEM#: 3 SUBJECT: DATE: _ti IN FAVOR: ❑ NEUTRAL: ❑ Name: F,2,A9-tee t/ kf." R-5 IN OPPOSITION: X Representing: Address: //,) i City: nJ N 1 Lr —1 A`V,-1//1) 3 r Telephone No: / 67 / " / E;,4 Individual speakers wishing to address an agenda item are requested to complete this card. Although you are not required to complete this card, the information will assist the City in addressing the issue(s) you raise. Individual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate time. Please make your presentation from the microphone. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE. MEETING. REQUEST TO SPEAK CITY COUNCIL AGENDA ITEM#: LL £ 3 SUBJECT: DATE: d "s-©ci IN FAVOR: ❑ NEUTRAL: ❑ Name: Ki R K 4/0-Z-5 Representing: I'I ' Address: .. IR. C. City: l eT. IN OPPOSITION: * Telephone No: ?ill- W) 3/ 7a. Individual speakers wishing to address an agenda item are requested to complete this card. Although you are not required to complete this card, the information will assist the City in addressing the issue(s) you raise. Individual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate time. Please make your presentation from the microphone. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. REQUEST TO SPEAK CITY COUNCIL AGENDA ITEM#: • 0 SUBJECT: DATE: 2 /57C) IN FAVOR: ❑ Name: -.. ,111 I Representing: `6�.I 61Iva( Address: `I 3 fli 4 NEUTRAL: ❑ IN OPPOSITION: ❑ City: 3 1~-� VVE0 Telephone No: Individual speakers wishing to address an agenda item are requested to complete this card. Although you are not required to complete this card, the information will assist the City in addressing the issue(s) you raise. Individual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate time. Please make your presentation from the microphone. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. REQUEST TO SPEAK CITY COUNCIL AGENDA ITEM: 4' c SUBJECT: VtX(Zi bO rQ /-ess DATE: ?IS D9 IN FAVOR: NEUTRAL: ❑ IN OPPOSITION: ❑ Name:r! Nan Representing:\fe.,ri 2_»0Y') LAi reJ is Address: c'1 O P%4.1//6.) City f ariCh0 Telephone No:'7(9b f 7a -730 Individual speakers wishing to address an agenda item are requested to complete this card. Although you are not required to complete this card, the information will assist the City in addressing the issue(s) you raise. Individual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate time. Please make your presentation from the microphone. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. 3 REQUEST TO SPEAK CITY COUNCIL AGENDA ITEM#: SUBJECT: K DATE: 3- t2 IN FAVOR: 0 NEUTRAL: ❑ IN OPPOSITION: Name: o'MrU ti Representing: Address: (/ / 3 - / c- rCi rr City: S fr f / C- ' / Telephone No: 'f f _q 5(7 / 7 f5 Individual speakers wishing to address an agenda item are requested to complete this card. Although you are not required to complete this card, the information will assist the City in addressing the issue(s) you raise. Individual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate time. Please make your presentation from the microphone. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE. MEETING. REQUEST TO SPEAK CITY COUNCIL AGENDA ITEM '4 « SUBJECT: DATE: c C.D7 IN FAVOR: ❑ NEUTRAL: ❑ Name: \fr i S -R. V. 4� r IN OPPOSITION: Representing: Address: -7 C E City: Telephone No: S q 3 75 Individual speakers wishing to address an agenda item are requested to complete this card. Although you are not required to complete this card, the information will assist the City in addressing the issue(s) you raise. Individual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate time. Please make your presentation from the microphone. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE. MEETING. IE05300C Reaser RF Justification Introduction Site ID: IE05300C Site Name : Reaser Site Address: 1531 Mountain Ave., San Jacinto 92544 Site Type : Infill. Site is required for areas that have poor signal strength or no coverage at all. Coverage Objective: This site will enhance the coverage for the growing residential communities surrounding the intersection of Ramona Expressway and Esplanade Ave, in the city of San Jacinto. Terrain: Flat. Introduction The FCC license required T-Mobile to build a wireless network that will provide the customers with the best possible network performance. The network performance goals include providing the best quality, lowest level of blocking, easy access to the network and continuous drop -free connections. The site will operate below the radio frequency emission limits set forth by the Federal Communication Commission. This site will also be fully compliant with all federal, state and local mandates. About Location The referenced site will most greatly benefit the surrounding residential areas. Additional improvement and better cell site handoffs. It will serve an area that is presently covered by a very weak signal strength level that results in high number of dropped calls, excessive interference and at times inability to connect a call. Proposed candidate is a mono elm. This mono elm (60 ft) is tall enough to clear the surrounding building; . It's a good candidate from RF perspective based on height, location and ability to design a macro site. A macro site is defined as wireless facility which provides high capacity and coverage for a large area. Introduction About Design T-Mobile proposal is a faux mono elm antenna installation in a three sector site. This design is effective at camouflaging the antennas and getting a full antenna array (4 per sector) which it's needed to expand capacity in future. Capacity is the maximum number of voice calls or data traffic that a particular wireless facility can handle; Each wireless facility can only handle a finite amount of traffic at a given time. Capacity is based on the number of radio transmitters and number of antennas; the more radio transmitters and antennas the larger capacity the site has to handle more traffic. Alternate Options -Light Poles - Light poles are sometimes an option for a carrier solution but they have certain limitations, e.g.. Available height, number of antennas, equipment location. Light poles located in this area were not consider as an option for T-Mobile for the following reasons: •More than one light pole design will be needed to match the coverage footprint of 1 macro cell. •Light poles limited the use of micro cells equipment only. •Light poles are height limited (25ft); Antenna radiation center would be as low as 22ft Introduction 'Light poles limit the number of antennas to use. One antenna per sector only versus four antennas per sector in a Macro Site. 'Additional equipment will need to be placed on the right-of-way (Vault for micro cell cabinet, meter pedestal, splice vault, vent stacks). See figure "Light pole will need to be replaced for a wider diameter pole to allow cable routing from vault to antennas. Micro Cell Equipment "Micro cell is a single unit that can be used indoors or outdoors; It typically has a focused coverage objective that offer capacity improvements for existing, adjacent wireless facilities, e.g. private and governmental office buildings, stadium and airports. .Due to its very low power output more than one micro cell is required to provide the amount of coverage provided by a single —structure wireless facility. "Due to its limited size they can house one transmitter per cabinet which limits the amount of voice calls and data traffic to handle at a given time. Typical Light Pole Design FRONT RBS 2106 PEDESTAL (INSIDE MEV) Al% 116. Th1.j RADOME SCALE NJ.S. 6 0 0 .5At4,;310,p4/11 12011. r'LAIL di. 5' IC • In 211, NV (4) CLEMENCE 4-111; Dcl 1301,4,L=2 Met 1111011,01. MAO te MOW .11MI C.10. 1V11 . *NA fx• twr xmola 10.1t 11.1.11. Int A r...• AA,A, taw i,14. toe o-A. moo* *Ai .1.111.11.11.14111.11111at. craill.111111,...0141 A' Att1 ISIC) l 1/2101X Ar Ulm 0.0t • a a rre' YOH 31026 KILL Aall'ai jwitaliE ..at 0 ST 133211 C402010 FACTS Amtr,11 10720 risTaut. 1,0117 Ft7,f7A,' v 4 4 4,444 .12).3r 11.000LE Mk_ L. scx 1130.11 3 ¶aftu rr A'rrt,,ijr1A1,11.61,3;".11,0111,01r lc 0411 FUJV 4-3I 3S1m, A7o 1 -41 21W32 LA 411-1(4- 0 12 11/1° 130C1f, 'PTO& FANSF NAT 1-1.01,1. COWL Sill. W 17410 0 424 118'10 55 *Light Pole designs require extra space in the right of way for equipment vault, meter pedestal, vents, splice vault *Light Poles are height limited and allow one antenna per sector only. *Light Poles are associated with micro cell equipment; more t-ian one light pole design will be needed in this area. 0 Satellite Image showing site location and existing T-Mobile sites Target Area demonstrated by area within circled area 911 Calls Statistics ,74 • 1,.434 'O. -an-Jacinto 369 et- Ryan Al rp 274 • 160 88 0-East Heme 31 Emergency Calls are routed to Dispatci Call Center E911 (Enhanced 911) service allows emergency services to locate mobile users when service is requested. Red Dots are the existing sites and the numbers associated with it are the 911 calls made on that site for the past 90 days. jiqiqx� e r jev / Centerline.shp Parcel_assessor_view.shp Clines.shp Parcels.shp A C-1 C-2 C-M City Well D-C D-R EMWD FI—t Fire Station M-1 M-I-P MWD Open Space Park I Park Hill R-1 R-1 15,000 R-1 20,000 R-1 PUD R-2 R-2 PUD R-3 R-3 PUD R-P R-T RAAB Rancho San Jacin S-D SP 1-01 SP 1-02 SP 1-03 SP 1-85 SP 1-91 School IFFIt W-2 MIR AGENDA - TRANSMITTAL FORM TO: Dorothy L. Chouinard, City Clerk Enclosure: Staff Report for Y,QW Consent Calendar Item EC- pc or RDA] — brief description) meeting of ©Z Public Hearing Item: Notice required yes no Copy attached yes no Published (date(s)) Notices sent (date(s) _ City Departments Item Attachments include (this needs to match the attachment list in the Staff Report: A. B. C. Other: Please provide a fully executed copy of documents to: _ Please record and return conformed copy Your IMMEDIATE attention is necessary Comments: (date) Name of person that will be presenting item at the meeting DATE: ' [Nam or Initials], [Title] S:\City Clerk\CC RPT 06\AGENDA Transmittal Form.doc Page 1 of 2 Dorothy Chouinard From: Barry McClellan Sent: Tuesday, January 20, 2009 9:44 AM To: Dale Stubblefield Cc: Dorothy Chouinard; Tim Hults Subject: Re: SJ CHAMBER Dale, Yes we did. I will ask Dorothy to have that on the Feb 5 agenda. Sorry. Barry From: Dale Stubblefield To: Barry McClellan Sent: Tue Jan 20 08:57:18 2009 Subject: FW: SJ CHAMBER Barry: I thought we were going to add something to the agenda to add Potts the Chamber liaison subcommittee. If we missed it, perhaps we can add it to the next agenda. Dale Stubblefield JDS Planning I 1227 De Anza Drive San Jacinto, CA 92582 Office+ (951) 880-3381 Fax+ (951) 654-6819 E-mail+ dale@jdsplanning.com Website+ wwwjdsplanning.com border jds planning small From: Nancy Ayres [mailto:nancyayres2@verizon.net] Sent: Monday, January 19, 2009 10:22 PM To: dale@jdsplanning.com Subject: SJ CHAMBER HELLO: SO, I AM TRYING TO GET A FEW THINGS FIGURED OUT - ARE YOU OR IS IT JIM POTTS - THE REPRESENTATIVE TO THE SAN JACINTO CHAMBER - BECAUSE WHOEVER IT IS I WOULD LIKE TO HAVE THAT NEW CHAMBER BOARD APPOINT THAT PERSON TO OUR BOARD OF DIRECTORS. 1/20/2009 AGENDA ITEM j 9: February 5, 2009 TO: The Honorable Mayor and Members of the City Council FROM: Dorothy Chouinard, City Clerk SUBJECT: Local Appointments List / Agency / Committee / Subcommittee / Appointments RECOMMENDATION: Staff recommends that the City Council, by motion: 1) Add agency to the Local Appointments' List — San Jacinto Chamber of Commerce; and clarifying "Chamber Liaison" under Economic Development to be "Hemet San Jacinto Chamber of Commerce Chamber Liaison." 2) Consider Mayor's selection to appoint Council Member Jim Potts to the San Jacinto Chamber of Commerce as a new agency appointment on the Local Appointments List with confirmation by council. 3) Consider Mayor's selection of and absent unanimous consent, approve by majority vote the desired designee. BACKGROUND: Subcommittee and agency representatives' appointments are made annually. Historically, at the second meeting in December the mayoral appointments are made for 1) representatives to other agencies; and 2) city council subcommittees. December's second meeting was adjourned to January 8, 2009 and subsequently, the agenda appointments could not be made until the first meeting in 2009. DISCUSSION: The Sub -Committee for Economic Development includes the "Chamber Liaison," which meant the Hemet San Jacinto Chamber of Commerce. With the formation of the San Jacinto Chamber in early 2008, there is justification for having representation at both Chambers of Commerce. Page 1 of 2 ALTERNATIVES: 1) Approve staff recommendation 2) Take no action. FISCAL IMPACT: None ATTACHMENTS: • Motion from January 8, 2008 Minutes regarding Local Appointments List Page 2 of 2 City Council Minutes January 8, 2009 Page 12 of 19 with the information to check if the plates or car is wanted and that BOS server uploads three times per day. The data is stored in the BOS servers for any range of one day to an indefinite time. Councilmember Di Memmo asked when the information hits the DOJ and the DOJ responds, what happens if there is a lag in the information? Chris Robinson of PIPS Technology explained how this system works when they receive a hit. There is human intervention to make sure that the information is still accurate but there could potentially be a delay. Mayor Stubblefield stated that the new cameras are smaller and have upgraded technology. He was able to see one in action at the DUI checkpoint he attended and this is a valuable tool. 5.2 Local Appointments' List / a) Consider Mayor's selection to Local Appointments List with confirmation by council for the outside agencies; and b) Consider Mayor's selection of Standing Committees, and absent unanimous consent, approve by majority vote the desired slate / City Clerk Mayor Stubblefield read the Local Appointment List. Committee Name Included Titles/Subjects Representatives (where applicable 1st name is primary and 2nd name is alternate) City Beautification Neighborhood Cleanup; Code Enforcement; Operation Clean Sweep Mansperger, Stubblefield Community Outreach Stubblefield, Mansperger Drainage Flood Control; Levee; Drainage infrastructure & facilities Ayres, Stubblefield Economic Development CDBG, Chamber Liaison, VEDC Stubblefield, Mansperger Facility Naming Committee Stubblefield, Potts Franchises CR&R; Cable (Time Warner); Electric (SCE); Gas; Potts, Di Memmo Historic Preservation Estudillo Mansion Committee(s); Library; Ramona Pageant Committee, Mansperger, Di Memmo Homeless Blue Ribbon Committee for Homeless Shelter Location Potts, Di Memmo Land Use Predevelopment Committee; General Plan, Annexations & LAFCO Stubblefield, Mansperger Public Safety Police; Fire; Riverside County Disaster Committee; San Jacinto Disaster Response Committee Stubblefield, Ayres Selection Interview committee for Planning Commissioners & Estudillo Stubblefield, Ayres City Council Minutes January 8, 2009 Pacie 13 of 19 Mansion Committee, etc Special Events 4th of July Parade; Christmas Tree Lighting; Dedications; Groundbreakings, Ribbon Cuttings; Teen Gov't Day, Veterans' Day; etc Stubblefield, Ayres Transportation RCTC Potts, Ayres RTA Ayres, Mansperger Tribal Issues Ayres, Stubblefield Water EMWD Task Force, Ground Water; City Wells Potts, Di Memmo Western Riverside Council of Government & Western Riverside County Regional Conservation Authority (WRCOG — RCA) Mansperger, Stubblefield Southern California Association of Governments (SCAG) Mansperger, Stubblefield Vice Mayor Mansperger stated that it is important to show up to your assigned subcommittee meetings. He also made a motion to approve Mayor Stubblefield's Subcommittee selections as presented. The motion died for lack of a second. Councilmember Di Memmo stated that Mayor Stubblefield and Councilmember Ayres have been on the Public Safety Sub -Committee since 2001 and 2003 respectively. He believes it is time for someone else to have some input on the public safety issue. He would like to attend the Public Safety Sub - Committee meetings, and if possible, make these meetings a special meeting so that he can keep his constituents informed. City Attorney Ballinger explained that the Brown Act does allow for other councilmember's to attend the Sub -Committee meetings, but then it becomes a meeting of the legislative body, basically a meeting of the city council. This would create a special meeting that has to be agendized at that point. Councilmember Ayres stated that every city council member can submit in writing any concerns they have to take to the subcommittee meeting. This group has worked hard to change the public safety perception in this city, whether it is the Sheriffs Department or the Fire Department. They are open to any suggestions or input from the public, staff or city council members. Mayor Stubblefield stated that they have always been open to suggestions and what helps is that they do not have law enforcement backgrounds and are open to all ideas. It has been an honor to serve on the Public Safety Sub - Committee. If they add a third person to the meeting, you might as well just have a city council meeting and he is not willing to do that. The idea of a sub- committee is to hash out the smaller issues and bring back recommendations to the city council. City Council Minutes January 8, 2009 Page 14 of 19 Councilmember Potts pointed out that subcommittee's don't take any action. Mayor Stubblefield concurred. Councilmember Di Memmo noted that the Public Safety Committee is not just law enforcement, it is fire, and there are fire hydrants that need to be tested. He will support the selection, but he does disagree with the committee selection and wants to attend the meetings. Vice Mayor Mansperger stated we cannot do away with the Public Safety Sub - Committee, it expedites the process. The city has representatives and they hammer out the details and bring them back to the city council. As a member of the city council, he will do what is asked and do that with a smile. Councilmember Di Memmo stated that he will accept and support Mayor Stubblefield's selections; however, he has documentation that Mayor Stubblefield and Councilmember Ayres have not allowed any other city council member on this committee since 2001. He wants to attend these meetings and believes it is his right to do so. Councilmember Ayres commented that at one time no one wanted to sit on the Public Safety Sub -Committee, and he stepped up to serve on that committee. The process works and if we change the process it would complicate things and jeopardize the city's safety. Mayor Stubblefield clarified that no member of council has "not let" another member sit on the Public Safety Sub -Committee. There have been four different mayors that have selected members for the Public Safety Sub - Committee. It is an important issue but the city has a strong track record of declining crime statistics and he is not willing to step down and shirk his responsibilities. Vice Mayor Mansperger stated he is concerned that if Councilmember Di Memmo goes to the Public Safety Sub -Committee meeting and is not respecting the process, then what is the purpose of having the Public Safety Sub -Committee meeting? If this is the case, then we should have the Public Safety Sub -Committee meeting during the city council meeting and keep everyone here until midnight. Councilmember Di Memmo stated that he believes that if he asks for the city manager to make it a special meeting, then it would not be a violation of the Brown Act. City Attorney Ballinger stated the meeting would have to be agendized as a full city council meeting. City Council Minutes January 8, 2009 Page 15 of 19 M/S/C (Mansperger / Potts) moved to approve the Local Appointments List as presented. Motion carried 5/0. Ayes: Ayres, Di Memmo, Mansperger, Potts, Stubblefield Nays: None Absent: None Abstain: None Consent Calendar items that were pulled: 3.4 Warrants and Disbursements — November 2008 Councilmember Di Memmo requested to pull this item. In looking at the warrants and contracts, he has found vendors that don't have contractor's licenses or have been suspended or revoked. He has pulled documentation to support his statement. He also stated that there is another vendor in which the city does not have a contract with, and the city has paid them over $100,000 dollars this year. He believes that the city needs to have contracts with businesses or people with the appropriate licenses and the licenses need to be verified. He has been advised by the city council, of what he can do instead of ratifying or approving the warrants, but everyone has already been paid. He then directed members of city council to go to page eleven of the warrants and referenced check number 87787. He stated that the city has been doing business with this company and the license has been suspended since 2007. When the bond expires, and the bond is not renewed, the license automatically goes into a suspension mode. He stated that the city needs to do business the right way. Councilmember Potts stated that the city council needs to verify the information that and then read from the back up material Councilmember Di Memo presented. Councilmember Di Memmo stated that City Manager McClellan has responded and addressed the issue. Councilmember Di Memmo also pointed out another vendor, on page five of the warrants, check number 87695; this vendor still does business with the city. This vendor did not have any workers compensation and City Manager McClellan, when advised of this, immediately responded to the company and the company did come into compliance. Vice Mayor Mansperger asked about workman's compensation and when it is checked? AGENDA - TRANSMITTAL FORM TO: Dorothy L. Chouinard, City Clerk Enclosure: Staff Report for CC Meeting of 2/5/09. [CC or RDA] request — Annual Wood Carving Show (name — brief description) X Consent Calendar Item _Public Hearing Item: Notice required yes no Copy attached yes no Published (date(s)) Notices sent (date(s) City Departments Item Attachments include (this needs to match the attachment list in the Staff Report: ■ Request from Bud Butler — Committee Chairman dated January 12, 2009 with banner prototype ■ ■ ■ ■ ■ ■ _ Please provide a fully executed copy of documents to: _ Please record and return conformed copy Your IMMEDIATE attention is necessary Comments: Name of person that will be presenting item at the meeting Asher DATE: 1/30/09 D. Clayton, Info Planner [Name or Initials], [Title] C:\Documents and Settings\dclayton\Desktop\AGENDA Transmittal Form.doc AGENDA ITEM 3. la February 5, 2009 TO: The Honorable Mayor and Members of the City Council FROM: David Clayton, Information Planner Via Asher Hartel, Planning Director SUBJECT: Banner request — Annual Wood Carving Show RECOMMENDATION: Staff recommends that the City Council, by motion, permit the hanging of a banner announcing the annual wood carving show at Valley -Wide Park. DISCUSSION: The Ramona — Country Carvers will be holding an event at Valley -Wide Sports and Recreational grounds to raise awareness and encourage young people to develop the hobby of wood carving and enhance their developmental skills and develop an appreciation for the arts. For 2009, the Ramona — Country Carvers is promoting the event at the Valley - Wide Sports and Recreation Park on March 14th and 15th. They would like to hang a banner announcing the event across San Jacinto Avenue from March 2nd to March 16th. The request included a check for $250 dollars to cover the cost to hang the banner. FISCAL IMPACT: The cost for staff to hang the banner is estimated at $250, which is relative to the staff time and equipment associated with the task. ATTACHMENTS: Request from Bud Butler — Committee Chairman dated January 12, 2009 with banner prototype Page 1 of 1 January 12, 2009 City of San Jacinto 595 S. San Jacinto Ave. San Jacinto, CA 92583 TO WHOM IT MAY CONCERN: This letter is to request the approval to place a banner 'x25') across San Jacinto Ave. for the two weeks of March 2 to March 16. This banner is to announce the annual carving show of the Ramona - Country Carvers at Valley Wide Sports and Recreational grounds in San Jacinto, on March 14th and 15th. The show is to encourage young people to develop a hobby that will enhance their developmental skills and develop an appreciation for the arts. Enclosed please find a check for $250.00 and a description of the banner. We thank you in advance for all your help and support. Sincerely, 2di Bud Butler Committee Chairman 951-766-4871 PS: Please advise me when you need to have the banner in hand and if you require attachment hardware. RAMONA COUNTRY CARVERS CCG #22 VALLEY -Will E SPORTS CENTER ill I ORME NE tiAll MEM, CI AGENDA ITEM 41 February 5, 2009 TO: Honorable Mayor and Members of the City Council FROM: Connie Rogers -Elmore, Interim Finance Director SUBJECT: Sewer Rate Change per EMWD — Urgency Ordinance No. 09-04 RECOMMENDATION Adopt Urgency Ordinance No. 09-04 to adjust the sewer rate imposed by Eastern Municipal Water District (EMWD) for the transmission, treatment and disposal of sewerage, and billed and collected by the City of San Jacinto, in accordance with the interagency agreement. The adjustment from $.584/day/edu ay/edu ($19.28/month) is effective January 7, 2009, and is _ _ r after February 7, 2009. BACKGROUND This matter continues from the City Councila9. On January 7, 2009, the EMWD Board of Directors adopt;` 52.17 increasing sewer rates for the transmission, treatment hich is billed and collected by the City of San Jacinto. Sewera • Ines is transmitted to EMWD for treatment and disposal. New rates are to be applied to billings on or after February 7, 2009. DISCUSSION The City was officially notified in a letter dated January 13, 2009, that the new EMWD rates were noticed per Prop 218 requirements and approved; and are to be applied to billings on or after February 7, 2009. An urgency ordinance is necessary to ensure that the City can meet its obligations under the Interagency Agreement and assure that collection and remittance of monies due EMWD are done timely. Sewer fees reflected on City billings include two separately charged components: 1) the City fee (residential fee of $4.64/commercial and industrial fees are based on a sliding scale); and 2) the EMWD pass -through fee for transmission, treatment and disposal. Therefore, a single-family residence will be billed a total of $23.92 per month ($4.64 + $19.28). Effective July 1, 2009, the City residential fee adjusts to $4.78 (per Ordinance 06- 12) for a total combined rate of $24.06. ALTERNATIVES 1) Adopt an urgency ordinance to accept EMWD sewer rates. 2) Decline to act and absorb additional EMWD costs. FISCAL IMPACT There is no budgetary impact if the ordinance is adopted to accept EMWD Sewer Rate changes. The increased sewer fee revenue authorized by this Ordinance will offset the increased sewer maintenance fee payable to EMWD. ATTACHMENTS Urgency Ordinance No. 09-04 EMWD Correspondence dated January 13, 2009 EMWD Resolution 3352.17 Page 1 of 1 City Manager: '..\ Finance Directo STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF SAN JACINTO) ORDINANCE NO: 09-04 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, ADJUSTING SEWER RATES TO COMPLY WITH AN INTERAGENCY AGREEMENT WITH EASTERN MUNICIPAL WATER DISTRICT WHEREAS, the City of San Jacinto ("City") delivers all waste and sewage collected through the City's collection system to Eastern Municipal Water District ("EMWD") facilities for treatment and disposal; and WHEREAS, the City and EMWD have entered into an Interagency Sewer Agreement ("Agreement") for the treatment and disposal of sewage; and WHEREAS, the Agreement requires the City to remit a monthly fee based upon active sewer connections in the City multiplied by a formula outlined in the Agreement; and WHEREAS, EMWD recently adopted Resolution No. 3352.17 to increase the required monthly fee to be paid under the Agreement: and WHEREAS, the City, pursuant to the terms of the Agreement, must also increase sewer fees it charges to customers in its service area to pay for the increased costs of conveyance, treatment and disposal charged by EMWD to the City; and WHEREAS, the City proposes to increase the sewer fees in accordance with California Health and Safety Code, Section 5471, in an amount that corresponds to the exact amount being charged by EMWD for conveyance, treatment and disposal of sewage in the San Jacinto service areas; and WHEREAS, the City Council finds, with respect to the revenue derived from the increased fees and charges, that 1) there is a reasonable relationship between the use of the fees and charges increased herein and the services for which they are imposed; and 2) the revenue derived from the increased fees and charges does not exceed the amount necessary to provide the services; and 3) the increased fees and charges shall not be used for any other purpose than that for which the fees and charges are imposed; and 4) the increased fees and charges do not exceed the proportional cost of the services attributable to each customer; and 5) the increase fees and charges are not levied for general governmental purposes; and WHEREAS, California Government Code Section 36937 imposes cities to adopt by fourth -fifths vote, an urgency ordinance, which is necessary for the immediate preservation of the public peace, health or safety. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY ORDAIN AS FOLLOWS: Section 1: Urgency Findings: The City Council hereby incorporates by reference the recitals of the Urgency Ordinance. The City Council also finds that this Urgency Ordinance is necessary to promote the immediate preservation of the public peace, health and safety by permitting the City to immediately charge increased sewer and sewage treatment User fees to comply with the terms and conditions of an interagency Sewer Agreement with EMWD, prevent breach of the Agreement and avoid disruptions in the sewer treatment service provided by EMWD to customer in the San Jacinto service area. Section 2: Increase Sewer Fee: A. In addition to the City of San Jacinto Sewer fee, the following sewer rates for the conveyance, treatment and disposal of sewage shall be charged to all customers in the City of San Jacinto service area, as shown on EMWD Resolution NO. 3352.17, attached hereto and incorporated hereby by this reference: $.634/day/edu ($19.28/mo) B. The increase fee shall be effective on January 7, 2009, and shall be applied to any billing on or after February 7, 2009. Section 3: The City Council hereby finds and determines that it can be seen with certainty that there is no possibility that this Ordinance may have a significant adverse effect on the environment. Thus, the adoption of this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 21080(b) (8) and Section 15273 of CEQA Guidelines. Section 4: This Urgency Ordinance was adopted by the necessary four -fifths vote of the member of the City Council pursuant to Government Code § 36934 and § 36937 and shall take effect immediately upon its adoption. Section 5: The City Clerk shall certify the adoption of this ordinance and cause the same to be published in a newspaper of general circulation printed and published in the County of Riverside, State of California. 2 APPROVED AND ADOPTED by the City Council of the City of San Jacinto on this 5th day of February 2009 by _ vote. Ayes: Nays: Absent: Abstain: Attest: Dorothy L. Chouinard, City Clerk City of San Jacinto: Dale Stubblefield, Mayor CERTIFICATION STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF SAN JACINTO) I, Dorothy L. Chouinard duly appointed City Clerk of the City of San Jacinto; do hereby certify that the foregoing Ordinance No. 09-04 was duly adopted at a regular meeting of the City Council of the City of San Jacinto on the 5th day of February, 2009 by a _/ vote. Witness my hand and official seal this 5th day of February, 2009. Dorothy L. Chouinard, City Clerk 3 Board of Directors President David J. Slawson Vice President Ronald W. Sullivan Treasurer Joseph J. Kuchler, CPA Randy A. Record Philip E. Paule Board Secretary Rosemarie V. Howell General Manager Anthony J. Pack Director of the Metropolitan Water District of So. Calif Randy A. Record Legal Counsel Redwine and Sherrill EASTERN MUNICIPAL WATER DISTRICT SINCE 1950 January 13, 2009 Ms. Connie Rogers - Elmore Interim Director of Finance City of San Jacinto 595 S. San Jacinto Ave P.O. Box 488 San Jacinto, CA 92581 Subject: Sewer Rate Changes per EMWD Resolution No. 3352.17 On January 7, 2009, our Board of Directors adopted Resolution No. 3352.17 which increased the Sewer Rate for the transmission, treatment and disposal of sewerage that is billed and collected by your agency. This is effective January 7, 2009 and to be applied to billings effective February 7, 2009. The previous rate of $.584/day/edu ($17.76/mo) has been increased to $.634/day/edu ($19.28/mo). Please see rate schedule S102. A certified copy of the board action and rate schedules is attached for your information. I have also attached the Board letter and documents for the Water Rate Resolution No. 3353.17 for your information. This includes the new wholesale rates for imported water that you may receive and entitlement rates. See rates E201, E202 and E203. If you have any questions or concerns about implementing this change, please contact me immediately at 951-928-6154. Sincerely, Charles E. Rathbone, Jr. Chief Financial Officer CC: Chris Thomsen, Customer Service Manager Charles Turner, Financial Manager Melanie Nieman, Director of Community Involvement fiailingAddress: Post Office Box 8300 Perris, CA 92572-8300 Telephone: (951) 928-3777 Fax: (951) 928-6177 Location: 2270 Trumble Road Perris, CA 92570 Internet: www.emwd.org Board of Directors President David J. Slawson Vice President Ronald W. Sullivan Treasurer Joseph J. Kuebler, CPA Randy A. Record Philip E. Paule Board Secretary Rosemarie V. Howell General Manager Anthony J. Pack Director of the Metropolitan Water District of So. Calif. Randy A. Record Legal Counsel Redwine and Sherrill EASTERN MUNICIPAL WATER DISTRICT 'SINCE 1950 January 7, 2009 II.A.1. R-3352.17 TO: Board of Directors FROM: General Manager SUBJECT: Adopt Proposed Resolution No. 3352.17, Revising Certain Sewer Rate Schedules RECOMMENDATION The preliminary proposed rate changes and alternative rate options have been presented to the Board in various Work Sessions October through December, 2008 and Board Committees. Notices were mailed 45 days prior to this public meeting per Proposition 218 requirement. Therefore, it is now being recommended that the Board adopt proposed Resolution No. 3352.17, revising certain sewer rate schedules to be effective January 7, 2009 and implemented with bills issued beginning February 7, 2009, and rescind Resolution No. 3352.16. Concur: Submitted by: Anthony J. Pack Charles E. Rathbone, Jr. General Manager Directors: All Divisions: All Chief Financial Officer Mailing Address: Post Office Box 8300 Penis, CA 92572-8300 Telephone: (951) 928-3777 Fax: (951) 928-6177 Location: 2270 Trumble Road Perris, CA 92570 Internet: www,emwd.org RESOLUTION NO. 3352.17 A RESOLUTION OF THE BOARD OF DIRECTORS OF EASTERN MUNICIPAL WATER DISTRICT REVISING CERTAIN SEWER RATE SCHEDULES BE IT RESOLVED by the Board of Directors of the Eastern Municipal Water District in Regular Session assembled this 7d day of January, 2009, that Resolution No. 3352.16, be amended as follows and as provided for in the schedule attached to and hereby made a part of this resolution. REVISED SEWER RATE SCHEDULES S101, S102, S201, S301, S401, S403, S501, S502, S503, S601 BE IT ALSO RESOLVED that any rate not specifically mentioned will remain unchanged. BE IT FINALLY RESOLVED that the effective date of the foregoing Rate Schedule amendments is January 7, 2009 DATED: January 7, 2009 David J. ATTE T: i . QhcL- ,K/ 4ieJL' Rosemarie V. Howell, Board Secretary (SEAL) , President Resolution No. 3352.17 Adopted: January 7, 2009 Rate Area Served S101 Hemet/San Jacinto Full Service S102 Hemet/San Jacinto (Excluding Collection) S201 Moreno Valley Full Service S301 Sun City/Menifee Valley Full Service S401 Temecula/Murrieta Full Service S403 Murrieta County WD Full Service S501 Perris Valley (ID-97) Full Service S502 Perris Valley (ID-97) Within City of Perris S503 Romoland/Homeland/N.Sun City Full S601 Canyon Lake Sewer Rate Proposed -Exhibit "A" Effective January 7, 2009 Current Rate Per Day Per Month Increase Per COS Per Day Per Month $0.614 $18.68 $0.050 $1.52 $0.584 $17.76 $0.050 $1.52 Proposed Rate Per Day Per Month $0.664 $0.634 $20.20 Change 8.1% $19.28 8.6% $0.635 $19.31 $0.049 $1.49 $0.684 $20.81 7.7% $0.648 $19.71 $0.042 $1.28 $0.690 $20.99 6.5% $0.776 $23.60 $0.023 $0.70 $0.799 $24.30 3.0% $0.776 $23.60 $0.023 $0.70 $0.799 $24.30 3.0% $0.822 $25.00 $0.106 $3.22 $0.928 $28.23 12.9% $0.766 $23.30 $0.106 $3.22 $0.872 $26.52 13.8% $0.822 $25.00 $0.106 $3.22 $0.928 $28.23 12.9% $1.685 $51.25 $0.073 $2.20 $1.758 $53.45 4.3% District Average $0.688 $20.93 $0.046 $1.41 $0.734 $22.34 Note: Per month based on Daily x 365 / 12 6.7% AGENDA - TRANSMITTAL FORM TO: Dorothy L. Chouinard, City Clerk Enclosure: Staff Report for CC Meeting of 02/05/09 [CC or RDA] Conditional Use Permit 12-08 (name — brief description) Consent Calendar Item X Public Hearing Item: Notice required X yes no Copy attached X yes no Published 1/27/09 (date(s)) Notices sent 1/27/09 (date(s) City Departments Item X Attachments include (this needs to match the attachment list in the Staff Report: ■ Planning Commission Conditions of Approval ■ Planning Commission Resolution 08-35 ■ Planning Commission Staff Report ■ Site Plan package E Photo simulations ■ CUP 1-04 Planning Commission Minutes dated October 28, 2004 ■ CUP 1-04 City Council Minutes dated June 3, 2004, November 18, 2004 and February 3, 2005 ■ CUP 1-04 Partial Site Plan Package ■ CUP 1-04 Photo Simulation taken from the area of the proposed Trails Specific Plan ■ Aerial Photo ■ Current Zoning Map Please provide a fully executed copy of documents to: Please record and return conformed copy Your IMMEDIATE attention is necessary Comments: Name of person that will be presenting item at the meeting Asher DATE: 1/27/09 D. Clayton, Info Planner C:\Documents and Settings\dclayton\Desktop\AGENDA Transmittal Form.doc GALVAN MARINA C/O MOISES GALVAN 1042 SAGECREST DR SAN JACINTO CA. 92583 MACGREGOR WINNIE 1620 CORTINA DR SAN JACINTO CA. 92583 PLANTINGA BILL 1283 RAMONA EXPRESSWAY SAN JACINTO CA 92582 SMITH CALVIN 1145 RAMONA EXY SAN JACINTO CA. 92582 GUNN DANIEL 1457 STRATUS ST SAN JACINTO CA. 92582 SIORDIA ROSARIO 1475 STRATUS ST SAN JACINTO CA. 92582 KALPESH HOMES INC 320 WOODRUFF DR WALNUT CA 91789 KALPESH HOMES INC 320 WOODRUFF DR WALNUT CA 91789 BRAXTON MARY 1048 SAGECREST DR SAN JACINTO CA 92583 MANN MARK 4523 CAKON PL HONOLULU HI 96818 SMITH CALVIN P 0 BOX 640 SAN JACINTO CA 92581 BARRATT AMERICAN INC C/O J MICHAEL ARMSTRONG 5950 PRIESTLY DR NO 101 CARLSBAD CA 92008 ROCCO JULIA 1463 STRATUS ST SAN JACINTO CA. 92582 GENTILE JOHN 1481 STRATUS ST SAN JACINTO CA. 92582 KALPESH HOMES INC 320 WOODRUFF DR WALNUT CA 91789 DURHAM JENNIFER 1614 CORTINA DR SAN JACINTO CA. 92583 SMITH CALVIN 1387 W RAMONA EXY SAN JACINTO CA. 92582 SMITH CALVIN P 0 BOX 640 SAN JACINTO CA 92581 WHITCHER JUDD 1451 STRATUS ST SAN JACINTO CA. 92582 CABALLERO GEORGE 1469 STRATUS ST SAN JACINTO CA. 92582 HOFFARTH LANE 1487 STRATUS ST SAN JACINTO CA. 92582 KALPESH HOMES INC 320 WOODRUFF DR WALNUT CA 91789 AGENDA ITEM 4, February 5, 2009 TO: The Honorable Mayor and Members of the City Council FROM: David Clayton, Information Planner Via Asher Hartel, Planning Director SUBJECT: Approval of Conditional Use Permit 12-08 to allow a cell tower at 1209 W. Ramona Expressway. Applicant: Los Angeles SMSL, LP for Verizon Wireless 15505 Sand Canyon Ave Irvine, CA 92618 RECOMMENDATION: Staff recommends that by motion the City Council: Ratify the Planning Commission approval of Conditional Use Permit 12-08 subject to the attached Conditions of Approval. BACKGROUND: On December 11, 2008 the Planning Commission, in a 3-0 vote, approved the above project consisting of a Verizon telecommunications facility with a 55 foot high broadleaf monotree tower and associated ground equipment. The site is located at the southeast corner of 1209 W. Ramona Expressway in the C-2 (General Commercial) zone. At the January 8, 2009 ratification hearing the City Council requested additional information regarding the expired Conditional Use Permit located on the adjacent Plantinga property on the west side of the project site. Detailed discussion on this site is provided further in this staff report. DISCUSSION: The project will be located on the north side of the Ramona Expressway just east of Potter Road. The applicant is proposing to lease 900 square feet at the southeast corner of the 4.52 acre property owned by Calvin Smith. A 6-foot high decorative block wall with wrought iron gate will enclose the site and related equipment, including an 11 foot by 16 foot prefabricated equipment shelter. To reduce visual impact from the Ramona Expressway, the site will be located behind existing California pepper trees. In addition the applicant is proposing to Page 1 of 3 use state-of-the-art stealthing techniques, by constructing the monopole to resemble a broadleaf tree. This type of tree helps make the site blend in with the surroundings and also permits for future co -location by other carriers. The project is further conditioned not to have the antenna array extend beyond the leaves of the mono -tree. The height of 55 feet meets the coverage goals of the provider and does not conflict with the height limit provisions of the C-2 Zone. The attached Planning Commission staff report includes a more detailed discussion of the project. On January 8, 2009 the City Council raised concerns about the visual impacts of the mono -elm along the Ramona Expressway and also wanted to see the discussion from both the Planning Commission and City Council hearings regarding the now expired Conditional Use Permit on the adjacent Plantinga property. The City Council further set the matter for hearing, and the applicant was directed to prepare a photo simulation, specifically looking east along the Ramona Expressway. In general the Conditional Use Permit (CUP 1-04) for the Plantinga property permitted the installation of two 45 foot high mono -palms with the antenna array in the palm ball and a second array on the tree trunk. The site would have been located on a 55 foot by 55 foot pad approximately 400 feet from the Ramona Expressway adjacent to a combination of 30 to 50 foot high pine and pepper trees and an existing steel storage building. The project went through the public hearing process with ratification by the City Council on June 3, 2004, after which it was discovered that the property owner notifications were flawed. Upon advice of the City Attorney the project went through a second round of hearings and was eventually ratified for two years by the City Council on February 3, 2005. The project on the Plantinga property was further extended by the Planning Commission on January 11, 2007 with an expiration date set for February 3, 2008. Minutes from the May 13, 2004 Planning Commission hearing were unavailable but minutes for the October 28, 2004 hearing have been attached along with the City Council minutes from the June 3, 2004, November 18, 2004 and the February 3, 2005. As a point of reference, the project currently being reviewed was submitted on September 22, 2008, seven months after the expiration of the CUP approval on the adjacent Plantinga property. FISCAL IMPACT: None ATTACHMENTS: • Planning Commission Conditions of Approval Planning Commission Resolution 08-35 Planning Commission Staff Report Site Plan package Photo simulations Page 2 of 3 • CUP 1-04 Planning Commission Minutes dated October 28, 2004 • CUP 1-04 City Council Minutes dated June 3, 2004, November 18, 2004 and February 3, 2005 • CUP 1-04 Partial Site Plan Package • CUP 1-04 Photo Simulation taken from the area of the proposed Trails Specific Plan • Aerial Photo • Current Zoning Map Page 3 of 3 TO: FROM: DATE: SUBJECT: ITEM 6.7 STAFF REPORT Chairman and Members of the Planning Commission David Clayton, Information Planner December 11, 2008 Conditional Use Permit 12-08 Applicant: Los Angeles SMSL, LP for Verizon Wireless 15505 Sand Canyon Ave Irvine, CA 92618 RECOMMENDATIONS: Staff Recommends that the Planning Commission: Adopt Planning Commission Resolution 08-35 approving Conditional Use Permit 12-08 subject to the attached Conditions of Approval. DESCRIPTION: A proposal for Verizon Wireless for the installation of a 55 foot high broadleaf monotree along with an 11 foot x 16 foot prefabricated equipment shelter and a 5 foot x 8 foot concrete pad for a future generator. The site is 900 square feet to be located at the southeast corner of 1209 W. Ramona Expressway. EXHIBITS: Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Resolution 08-35 Conditions of Approval Site Plan package Photo simulations Aerial Photo Current Zoning Map PLANNING COMMISSION December 11, 2008 PAGE NO. 1 ENVIRONMENTAL ANALYSIS: This proposal has been determined to be Class 32 (In -fill Development Project) Categorical Exemption, pursuant to Section 15305 of the Guidelines for Implementation of CEQA. DISCUSSION: The primary stealth feature proposed by the applicant will be a 55-foot high simulated broadleaf tree with a concealed antenna array and support structure. The applicant would also apply a coating to the pole to emulate the appearance of a tree trunk. The antenna array would be centered at 53-feet on a 55-foot high mono -pole, total height, including the tree branches would be 60-feet. The antenna array in this configuration at this height is preferred because it meets the coverage goals of the provider and with state-of-the-art stealthing techniques and color coatings added would comply with the requirements of the Wireless Ordinance. The project site is located at least 20-feet behind existing mature California Pepper trees along the southern and eastern property lines. An existing chain -link fence with fabric screening cloth provides additional screening. The facility itself will be surrounded by a 6-foot high, split face block wall with a 4-foot wide wrought iron man gate. Within the enclosure area, worklights a small utility cabinet and an 11 foot x16 foot equipment shelter are proposed. The equipment shelter is constructed of a 1-hour fire rated prefabricated metal structure with an exposed aggregate exterior. A 5 foot x 8 foot pad is proposed within the enclosure area for an emergency generator. The project is located on a 30 foot x 30 foot pad approximately 91 feet from the center line of the Ramona Expressway and 20 feet from the property line. 24-hour access for maintenance and repairs will be through an existing gate near the intersection of Ramona Expressway and Potter Road. The access route will cross several CL Smith properties and the MWD aqueduct. The site has a General Plan designation of Community Commercial and is zoned General Commercial (C-2). Like this site, the property to the east is also zoned commercial. Residential subdivisions have been constructed further to the east and south across the Ramona Expressway. A single residential home is located to the west. On this adjacent property the Planning Commission approved a wireless facility that has since expired. The proposed unmanned wireless telecommunication facility will not have an affect on scenic resources because of the scale of the project, its location and the existence of mature trees. Within the General Commercial (C-2) zone the height is restricted to 45 feet but an amendment to the Wireless Telecommunications Ordinance permits stealth monopole towers to exceed the height limitation of the underlying zone by up to ten (10) feet. PLANNING COMMISSION December 11, 2008 PAGE NO.2 Applying this exception, this stealth broadleaf monotree is within the height limits and the setback requirements for the General Commercial (C-2) zone. RECOMMENDATION Staff supports the project subject to the attached conditions of approval. If the Planning Commission agrees with the staff analysis of the project, staff recommends that the Planning Commission approve the project and direct staff to forward the Conditional Use Permit to the City Council for ratification, subject to the attached conditions of approval, supported by the findings in Resolution 08-35 (attached). PLANNING COMMISSION December 11, 2008 PAGE NO. 3 RESOLUTION NO. 08-35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JACINTO, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT A NEW 55 FOOT HIGH BROADLEAF MONO -TREE WITH A 11X16 FOOT EQUIPMENT SHELTER ON A 900 SQUARE FOOT LEASED AREA LOCATED AT 1209 WEST RAMONA EXPRESSWAY: CUP NO. 12-08. WHEREAS, Los Angeles SMSL representing Verizon Wireless filed an application on September 22, 2008, File No. CUP 12-08, for a conditional use permit to allow the installation of a 55 foot high broadleaf mono -tree and ground equipment ("Application") on approximately 900 square feet of land, APN 436-070-004 ("Subject Site"); WHEREAS, the property affected by the Application is within the General Commercial (C-2) zoning district; WHEREAS, the Application was reviewed, studied, and found to comply with the California Environmental Quality Act ("CEQA") as more fully described below; WHEREAS, on December 11, 2008, the Planning Commission of the City of San Jacinto ("Commission") conducted a duly noticed public hearing on the Application at which time all persons wishing to testify in connection with the Application were heard and the Application was comprehensively reviewed; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SAN JACINTO RESOLVES AS FOLLOWS: SECTION 1. Based on the entire record before the Commission, all written and oral evidence presented to the Commission, and the findings set forth in this Resolution, the Commission recommends approval of Conditional Use Permit No. 12-08 to allow the installation of a 55 foot high stealthed broadleaf mono -tree and ground equipment on the Subject Site, subject to the conditions of approval., SECTION 2. Based on the entire record before the Commission and all written and oral evidence presented to the Commission, including the staff report, the Commission finds as follows: A. The Subject Site for which the CUP is granted is in accordance with the objectives of the City of San Jacinto Development Code and the purposes of the C-2 General Commercial zoning district because the Commission has determined that use of the subject site is similar to and no more objectionable than any other conditional uses allowed within the zoning district. B. The proposed location of the Conditional Use and the conditions under which it would be operated or maintained will not be detrimental to the public health safety or welfare, or materially injurious to properties or improvements in the vicinity. As stated above the project is consistent with the zone classification for the site and the land use element of the General Plan. Further, the project has been reviewed by City and County agencies and has been conditioned accordingly. C. The proposed conditional use will comply with each of the applicable provisions of Article 17 and Article 23.76 of the Zoning Ordinance. As conditioned, the use is consistent with the intent and purposes of Ordinance 340 and applicable provisions of the General Plan. The proposed location of the wireless telecommunication facility and the conditions under which it will be operated or maintained will not be detrimental to public health, safety or welfare or materially injurious to properties or improvements in the vicinity. SECTION 3. Based on the entire record before the Planning Commission and all written and oral evidence presented, including the staff report, the Planning Commission finds the nature and extent of the dedications, reservations, impact fees, and other exactions are reasonably related to public needs and roughly proportional to the impacts created by use of the Subject Site as permitted by the CUP. SECTION 4. Based on the entire record before the Planning Commission and all written and oral evidence presented, the Planning Commission finds the CUP complies with CEQA for the following reasons: This proposal has been determined to be a Class 32 (Infill Development Project) Categorical Exemption, pursuant to Section 15332 of the Guidelines for Implementation of CEQA; therefore A Notice of Exemption has been prepared. City Staff is directed to file a Notice of Exemption within 5 days of project approval. SECTION 5. Effective Date. This Resolution shall become effective on the date on which it is ratified by the City Council. PASSED, APPROVED AND ADOPTED, this 11th day of December, 2008. Planning Commis ion Chairperson ATT Planning Commission Secretary ITEM 4.2 MINUTES MEETING OF THE SAN JACINTO PLANNING COMMISSION December 11, 2008 7:00 p.m. San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, California 1.0 ORGANIZATION Chairman Warneke called the meeting to order at the hour of 7:05 p.m. Commissioners Present: Warneke, Pellerin and Mannion Commissioners Absent: Seitl Commissioner Mannion led the Pledge of Allegiance 2.0 LATE ITEMS None 3.0 ORAL COMMUNICATIONS None 4.0 CONSENT CALENDAR 4.1 Approval of Minutes from the regular Planning Commission meeting on August 28, 2008. 4.2 Approval of Minutes from the regular Planning Commission meeting on October 9, 2008. 4.3 Approval of Minutes from the regular Planning Commission meeting on November 13, 2008. M/S/C (WARNEKE/MANNION) to approve agenda items 4.1; Approval of Minutes from the regular Planning Commission meeting on August 28, 2008; item 4.2; Approval of Minutes from the regular Planning Commission meeting on October 9, 2008; and item 4.3; approval of minutes from the regular Planning Commission meeting on November 13, 2008, as presented. Motion carried 3-0. Ayes: Warneke, Mannion and Pellerin Nays: None Absent: Seitl Abstained: None Planning Commission Minutes Page 1 December 11, 2008 5.0 CONTINUED PUBLIC HEARINGS 5.1 Zoning Ordinance Amendment 02-08; Recreational and Inoperable Vehicle Parking Ordinance Applicant: City of San Jacinto 595 S. San Jacinto Avenue San Jacinto, CA 92583 An amendment to Article 15 of the Zoning Ordinance to amend the City's regulations regarding the temporary parking of recreational, inoperable, and other vehicles. Pursuant to the CEQA process, this ordinance is exempt from further environmental review under the California Environmental Quality Act ("CEQA") (Cal. Pub. Resources Code, §§ 21000) and its implementing regulations because the proposed amendment is not a 'project' within the meaning of CEQA Regulations section 15378(b)(2) in that it is merely general policy or procedure making and because the ordinance is exempt from further environmental review pursuant to CEQA Regulations section 15061(b)(3) based on the fact that the ordinance is within the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment and it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment. Planning Director Hartel presented his staff report dated December 11, 2008. He introduced Code Enforcement Manager Ron Dye who had a presentation for the Commission. Code Enforcement Manager Dye made his presentation to the Commission, and explained why the City felt the Ordinance needed to be amended. He explained to the Commission how the department works, and indicated that they are fair and reasonable in enforcing the ordinance. He explained how it would not be fair to allow residents that do not have a nuisance such as manicured property, with a boat in the side yard that is cleaned and covered, and not allow the same type of boats that are not kept up in other homes. With regards to the parking of RV's and abandoned vehicles, the change of hours from 72 to 48 hours is requested to help enforce the ordinance more efficiently. Chairman Warneke indicated that one of the issues were the parking of boats on side yards. Code Enforcement Manager Dye explained that a boat trailer can be compared to the parking of a pop up tent, which sits at exactly the same height and width of a regular boat. He felt that if we would allow those, we would set precedent, and would need to allow similar items of the same size. Planning Commission Minutes Page 2 December 11, 2008 Commissioner Mannion stated that he agreed with what was submitted by Manager Dye, but he asked if there was some type of compromise to allow those that are in compliance with their yards, in allowing that they park their boats on the side yard. He stated on a personal note, that he too owns an RV, and it takes him longer than 72 hours to clean it before taking it back to storage. He was not in agreement with changing the hours from 72 hours to 48 hours, because from his experience he did not feel it was sufficient time. He stated that he did agree with the other modifications to the ordinance. Mr. Robert Lynch, 1117 Glacier Court, indicated that he was not against the ordinance amendment, and felt that residents should be in compliance. He asked the Commission to allow him to be grandfathered in, and allow him to keep an RV on his side yard. He stated his boat is on an improved surface, and has been there for over 6 years. He did state that the City is working with him, and the Code Enforcement manager has been reasonable. Mr. James Silvis, 760 Harbor Street, agrees with Code Enforcement, and did not want to open Pandora's Box, by allowing one person and not the other to park their boat in the side of their home. He requested that boat parking be allowed with some restrictions, which he handed to the Commission. Chairman Warneke asked Mr. Dye to read what was submitted, and indicate whether he would agree to the recommendation. Code Enforcement Manager Dye responded that he does not agree with the recommendation, and asked the Commission to support Staff. Commissioner Mannion reiterated that he did not agree with changing the parking allowance time from 72 hours to 48 hours, but agreed with the other changes that were recommended by staff. The Commission agreed. City Attorney Shane asked Code Enforcement Manager Dye if it would solve the parking hours to say maximum of 72 hours park within total of any 120 hour time limitation period. (modified by PC on 1/15/09) Planning Director Hartel responded that if the Commission was agreeable to that, it would go under item of the Recreational Vehicle section. Code Enforcement Manager Dye agreed. The Commission agreed. Public Hearing closed. Planning Commission Minutes Page 3 December 11, 2008 M/S/C (PELLERIN/MANNION) to adopt Planning Commission Resolution No. 08-30 recommending that the City Council approve Zoning Ordinance Amendment 02-08, as indicated in the Ordinance approve to approve with the modification to hours, the rest is as is. Motion carried 3-0. Ayes: Pellerin, Mannion and Warneke Nays: None Absent: Seitl Abstained: None 5.2 General Plan Amendment 3-07, Planned Unit Development 2-06 and Tentative Tract 34664 Applicant: Mario Zamorano 3590 S. Dartmouth Ln. Rowland Heights, CA 91748 A proposal to subdivide 5.01 acres into a 37 lot planned unit development with gated entry, 26-foot wide private streets and a .35 acre park. The project site is located on the west side of Kirby Street approximately 330-feet north of Esplanade Avenue. The applicant is also requesting the zone be changed from R-1 to R-2 PUD and the General Plan designation changed from Low Density Residential to Medium Density Residential, which would allow the development of the property. An environmental initial study has been conducted which has determined that this project will not have a significant impact on the environment with the incorporation of mitigation measures. Therefore, a Mitigated Negative Declaration is recommended. Information Planner Clayton presented his staff report dated December 11, 2008. He indicated that Planning Condition 11 needs to be modified as follows: "Upon City Council, Planning Commission, or Staff approval, the applicant shall submit a check to the City, payable to Riverside County, in the amount of $ 40 5, $1,993.00 for payment of State Fish and Game fees and County documentary handling fee in conjunction with the filing of a Mitigated Negative Declaration". He indicated that the new fees will become effective January 1, 2009. Chairman Warneke inquired on the status of the traffic signal that is proposed at the intersection of Esplanade Avenue and Kirby Street. Contract Engineer Skaugset indicated that the signal has been designed and is currently in plan check. He felt it would still be a few years before the actual construction of the signal, but noted that the applicant of this project is only required to pay their fare share. Public Hearing opened. Mr. Mario Zamorano, applicant, thanked Staff for their time and efforts they put into his project. He indicated that he agreed with the Conditions of Approval in addition to the minor change that was made on Planning Condition 11. Planning Commission Minutes Page 4 December 11, 2008 Public Hearing closed. M/S/C (PELLERIN/MANNION) to adopt a Mitigated Negative Declaration; Planning Commission Resolution No. 08-31 recommending approval of General Plan Amendment 3-07; Planning Commission Resolution No. 08-32 recommending approval of Planned Unit Development 2-06; and Planning Commission Resolution No. 08-33 recommending approval of Tentative Tract Map 34664 subject to the Findings of Fact and the Conditions of Approval, as presented. Motion carried 3-0. Ayes: Pellerin, Mannion and Warneke Nays: None Absent: Seitl Abstained: None 6.0 NEW PUBLIC HEARINGS 6.1 Large Family Day Care 08-04 Applicant: Rosa Nichols Nichols Family Child Care 254 Captains Ct. San Jacinto, CA 92583 A proposal to expand an existing 6 person child care facility to 12 children has received public opposition. Per Article 4.07 of Ordinance 340 the request has been forwarded to the Planning Commission for public consideration. The proposal will provide child care for 12 children a maximum of 14 hours per day, Monday thru Friday. A Large Family Day Care is considered a Statutory Exemption pursuant to Section 15274 of the California Environmental Quality Act Guidelines. Planning Technician Hasapes presented his staff report dated December 11, 2008. He requested that the Commission modify Condition 4 "No more than 12 children, including children under the age of 10 who reside at the home, may be provided family child care at the site". Public Hearing opened. Ms. Rosa Nichols, applicant, presented her report to the Commission, and indicated that she was in agreement with the conditions of approval. She further responded to the opposition to her Day Care, indicating that nuisance caused by the children in her neighborhood has nothing to do with her facility. She stated that the children at the facility are not allowed in the front of their home. Commissioner Pellerin inquired if anyone has called complained to Code Enforcement and had them visit the home for any nuisance. Ms. Nichols responded no. Planning Commission Minutes Page 5 December 11, 2008 Ms. Eleanor Seiler, 263 Captains Court, was opposed to the daycare facility. She indicated that she was not aware of the small daycare facility that existed at Ms. Nichols residence. She stated that Ms. Nichol's brother lives across the street from her home, and her children are constantly going across the street. She stated that she is concerned for the children's safety, especially after there have been drug raids at the end of their street. City Attorney Shane indicated that the City is very limited as to what they can do about Day Care centers that are approved by the State. The City cannot deny them, except for certain specified reasons; they can only stipulate conditions to make them in compliance with our code. (modified by PC on 1/15/09) Ms. Danielle Thaden, 224 Captains Court, felt that their neighborhood is great. She indicated that all the children that do play in the street are supervised at all times, and she did not think their safety was a concern at all. She noted that in the time that Ms. Nichols has had her day care facility, there has never been an issue with her children getting out of line. She further noted that Ms. Nichols had no control over the issue of the children playing in the street, since it was the other neighborhood children, including hers. She further noted that Ms. Syler should have talked with the residents if she had an issue with the neighborhood children. Public Hearing closed. M/S/C (MANNION/PELLERIN) to adopt Planning Commission Resolution 08-44, approving Large Family Day Care Permit 08-04 subject to the Conditions of Approval, as modified. Motion carried 3-0. Ayes: Mannion, Pellerin and Warneke Nays: None Absent: Seitl Abstained: None 6.2 Change of Zone 4-08; Conditional Use Permit 5-08 Applicant: Shyam Aggarwal 3065 Statice Court Hemet, CA 92545 A proposal to change Zoning from Residential Trailer (R-T) to General Commercial (C- 2) and a Conditional Use Permit for a 7,303 sq. ft. quick lube/carwash service center and a 1,400 sq. ft. mechanical car wash tunnel. The project will provide parking and landscaping on a 0.69 acre parcel at 260 W. Esplanade Ave. (APN 439-111-010). This proposal is not subject to the California Environmental Quality Act (CEQA) because, pursuant to Section 3.07 of the City's CEQA Guidelines there is no possibility that the activity in question may have a significant effect on the environment. The project therefore is exempt from CEQA. Planning Technician Hasapes presented his staff report dated December 11, 2008. Public Hearing opened. Planning Commission Minutes Page 6 December 11, 2008 Mr. Nasser Moghadam, 44052 Gallicia Drive, Hemet, stated that it has been a privilege to work with Staff. He stated that he did not recommend an 8 foot block wall to surround the project, as it would not be attractive. He indicated that they are proposing a 6 foot decorative block wall, and would like to do a 2 foot block wall with wrought iron on the street side along with landscaping for an appealing look to the public. He stated that the business itself would have limited hours of operation; therefore, did not feel they would be a nuisance to the neighboring residents. The Commission was open to the 2 foot block wall and landscaping, but Chairman Warneke stated that he felt there should be an 8 foot block wall along side of the mobile homes, simply for security purposes. Commissioner Mannion felt that an 8 foot block wall on the south of the property along side the storage yard should be a necessity for safety reasons as well. Mr. Moghadam agreed with modifying the conditions to include an 8 foot block wall along the south side of the property and along the east side, next to the mobile homes. Public Hearing closed. The Commission agreed to modify Planning Condition 25 to read: A six (6) foot high decorative block wall shall be constructed along the side •and roar property lines:, stepping up to an eight (8) feet high solid decorative wall screening the two mobile homes at the rear of the property to the east and along the rear property line. M/S/C (MANNION/PELLERIN) to adopt Planning Commission Resolution No. 08-42 recommending City Council approval of Change of Zone 4-08; and Planning Commission Resolution No. 08-43 recommending to the City Council approval of Conditional Use Permit 5-08 subject to the Conditions of Approval as modified. Motion carried 3-0. Ayes: Mannion, Pellerin and Warneke Nays: None Absent: Seitl Abstained: None 6.3 Conditional Use Permit 14-08 Applicant: San Jacinto Masonic Building Association 2910 Basswood Court Hemet, CA 92544 A proposal to construct a 7,350 square foot Masonic Lodge Family Center with 103 parking spaces and landscaping. The 2.52 acre parcel is located in the R-1 zone on the north side of Evans Street approximately 830 feet east of Hewitt Street at 785 E. Evans Street. This proposal has been determined to be Class 32 (In -fill Development Project) Categorical Exemption, pursuant to Section 15305 of the Guidelines for Implementation of CEQA. Planning Commission Minutes Page 7 December 11, 2008 Information Planner Clayton presented his staff report dated December 11, 2008. Mr. Blaine Womer, Womer Engineering, indicated that they had reviewed the conditions of approval, and have agreed to them. Mr. Terrance Burns, 617 E. Old 2nd Street, shares his property line with the applicant, and he inquired if a block wall was going to be constructed to divide the two properties. He indicated that at the present time, people walk through the applicant's property, and walk onto his property. He was concerned with their safety, and suggested that it would be in everyone's best interest is a barrier block wall was constructed. Information Planner Clayton stated that their proposal does not include a block wall beyond the end of the parking lot, and their intent is not to extend the existing block wall until the property is developed in the future. Mr. Womer stated that the applicant has agreed to take the block wall around their project, and continue it with a temporary 6 foot chain link fence on the remainder of the property where the portions that are not proposed to be block wall will be. Planning Director Hartel noted that this agreement is not shown on the plans; therefore, the Commission should add it as a condition. The applicant agreed. Mr. John Bottomly, 665 E. Old 2nd Street, was concerned with theft, and vandalism, and felt that a block wall along the rear of the property would be advantageous to the neighboring residents, especially since it is typical for Lodges such as these to rent their facility for private parties. Mr. Les Geiger, 42100 Mayberry, Hemet, noted that they do not rent their lodge to private parties, and felt their problems will be eliminated once the proposed fence is erected. Public Hearing closed. The Commission added the following to Planning Condition 14: A 6 foot high chain link fence shall be installed along property lines around the rear of the site not containing an existing or proposed block wall. M/S/C (PELLERIN/MANNION) to adopt Planning Commission Resolution No. 08-36 approving Conditional Use Permit 14-08 subject to the Findings of Fact and Conditions of Approval, as modified. Motion carried 3-0. Ayes: Pellerin, Mannion and Warneke Nays: None Absent: Seitl Abstained: None Planning Commission Minutes Page 8 December 11, 2008 6.4 Change of Zone 1-08 and Staff Review 1-08 Applicant: Mountain View Capital, LLC Kristina McCabe, Principal 10765 Double R Blvd; Suite 200 Reno, NV 82521 A proposal to develop a vacant 7.97 acre triangular shaped parcel located south of the Ramona Expressway and east of Bridge Street. The proposal intends to develop this site as a commercial center. The development consists of 7 commercial buildings with a total area of 68,880 square feet of space. The project site plan provides for a total of 341 parking stalls and ingress and egress points on Bridge Street and the Ramona Expressway. The project is currently zoned SP1-91 with a Zone Change to General Commercial (C-2) An environmental initial study has been conducted which has determined that this project will not have a significant impact on the environment with the incorporation of mitigation measures. Therefore, a Mitigated Negative Declaration is recommended. Information Planner Clayton presented his staff report dated December 11, 2008. Public Hearing opened. Mr. Michael O'Hagan, Stantec Consulting, thanked staff for their cooperation and time working with them. He indicated that they have reviewed the conditions of approval, and noted they are required to gain reciprocal access on Planning Condition 32. He indicated that they were lacking the parcel split, and felt it was not necessary; therefore, requested that the Commission omit the condition. The Commission agreed to delete Planning Condition 32: "Reciprocal acccs, areas shall be provided by CC&R's or by deeds and shall be recorded concurrent with the Final Map or prior to the issuance of a maintain a consistent uniform sign and architectural theme throughout the development" Mr. O'Hagan also stated that the amendment to Engineering Condition 5, which reads: "Minimum 6' wide concrete sidewalk along Ramona Expressway and Bridge Street and handicap ramps shall be constructed. Construction of sidewalk adjacent to driveways shall be in a manner to accommodate ADA Standards. Driveways shall be installed pursuant to Riverside County Standard 207A. Sidewalk/Bikeway along Ramona Expressway shall be meandering as approved by Planning Department. Per the City's General Plan, a Class I Bikeway is required within the Ramona Expressway right of way', would be difficult to meander sidewalks, as they do not have much space to maneuver due to the bus turn outs and the ADA requirements, but agreed to work with staff on this condition and do the best they could to their ability. Planning Commission Minutes Page 9 December 11, 2008 Additionally, the amendment to Engineering Condition 17, which reads: "In accordance with the RCTC letter dated August 26, 2008, the proposed access to Bridge Street shall be restricted to right -in, right -out only. A combination of hardscaped and landscaped median shall be installed on Bridge Street from the Expressway to southerly project boundary to preclude other turning movements. In the event that an agreement is approved between the developer and the City at a subsequent date, this condition may be waived and left turn movements on Bridge Street considered as an interim condition. The owner shall execute the necessary document, acceptable to the City Attorney, agreeing to this condition and waiving any damages that may be claimed by the Owner and any future owners or tenants", he indicated that they are currently working on a draft agreement with the City Engineer's office on the right in right out issue, allowing the left turn until RCTC moves forward with their project. Chairman Warneke inquired on what they propose to do with the gas line that runs through the project. Mr. O'Hagan responded that they are treating the line very gently. He stated that they are making sure the gas line is placed on the grading plan, are they are very aware of where it is located. He was in agreement with the conditions, as long as it was understood that they will be working with Staff on Engineering Condition 5 with the meandering sidewalks. City Attorney Shane suggested that the Commission add language to Planning Condition 25 allowing MWD to submit their approval of the project in writing to the City. Contract Engineer Skaugset responded that he did not recommend the Commission add such language as the City should not allow for MWD to approve a project that is within the City's jurisdiction. He indicated that they should be able to comment, but not wait for a written approval from them. City Attorney Shane then suggested adding a new Planning Condition 45, which reads: "Design plans for the project shall be submitted to MWD for review and comment". Additionally, City Attorney Shane recommended the Commission add the following language to Planning Condition 44 E, which reads:" Participation in water conservation, reclaimed water use and ground water recharge programs shall be encouraged. The use of water efficient fixtures, drought -tolerant landscaping and reclaimed water to offset any increase in water use associated with the project is also encouraged'. Mr. O'Hagan stated that as long as it would be an option not a requirement, they would take it into consideration, as long as it is feasibly economical. He also agreed. Public Hearing closed. Planning Commission Minutes Page 10 December 11, 2008 M/S/C (MANNION/PELLERIN) to recommend approval of Mitigated Negative Declaration to the City Council; and adopt Planning Commission Resolution No. 08-37 recommending approval of Change of Zone 1-08; and adopt Planning Commission Resolution No. 08-38 recommending approval of Staff Review 1-08 subject to the Findings of Fact and the Conditions of Approval, as modified. Motion carried 3-0. Ayes: Mannion, Pellerin and Warneke Nays: None Absent: Seitl Abstained: None Chairman Warneke called for break at the hour of 9:30 p.m. and reconvened at the hour of 9:38 p.m. 6.5 Conditional Use Permit 13-08, Variance 3-08 Applicant: Omnipoint Communications, Inc a Subsidiary of T-Mobile, USA C/O Ms. Kristin Galardo Trillium Consulting 5912 Bolsa Ave. Suite 202 Huntington Beach, California 92649 A Conditional Use Permit to construct a 55 ft. height stealth monopole (monoelm) with antennas and equipment shelter on a 20 ft. x 23 ft. (500 sq. ft.) leased area located on the east side of Mountain Ave., north of Esplanade Ave and a Variance to exceed the 45 ft. height limit by 10 ft. The parcel (APN 547-130-008) is located in the C-1 Zone approx. 120 ft. from the planned future Ramona Expressway to the east. An environmental initial study has been conducted on a previously approved project on this site which has determined that this project will not have a significant impact on the environment with the incorporation of mitigation measures. Therefore, a Mitigated Negative Declaration is recommended. Planning Technician Hasapes presented his staff report dated December 11, 2008. He indicated that the proposed 55-foot height of the mono -elm tower exceeds the 45-foot height limit for such a facility in the C-1 Zone, therefore a Variance to the height limit is requested. He further noted that if the Commission supports the height variance, staff would recommend that the project be continued so that supporting findings, Conditions of Approval and resolutions, can be drafted for approval of the project. Planning Director Hertel stated that City Attorney Shane has provided the Commission with revised resolutions if they decide to deny the project. Public Hearing opened. Ms. Kristin Galardo, representative, had a brief power point presentation for the Commission. Planning Commission Minutes Page 11 December 11, 2008 Mr. Jason Mojica, representative, indicated that a 55 foot pole will cover approximately 4 square miles, as opposed to a 40 foot pole that covers approximately 1 square mile which is a reduction of 75%. Ms. Galardo indicated that this is the 2nd site option, as their first site was located at Rancho Park. Unfortunately, due to a conflict of interest with a Councilmember, they were unable to move forward with their proposal, leaving this proposed site as their only alternative. She further noted that they will be able to cluster on the one pole, and would allow for collocating from other carriers, which seems like a feasible solution. Mr. Tim Miller, representative, stated that the reason for this site is that they are trying to stay away from residential areas. Furthermore, he indicated that notices to residences within 300 feet were mailed, and there was no opposition in the audience. The Commission was not clear on the reason there was a conflict of interest, and asked for clarification from Staff. Planning Director Hartel responded that the conflict of interest arose because a City official is employed in the telecommunications industry and works with T-Mobile; therefore the applicants preferred location at Rancho Park was not feasible. It is also possible that a similar conflict would arise with placement of additional towers on City owned land or City rights -of -way that would be needed to cover the same area as a single tower at 55 feet in height. City Attorney Shane noted that the Commission would need to have some findings to grant the variance which would allow the applicant the additional 10 feet that is requested for the height of the pole. Commissioner Pellerin felt that he did not want to see standards on city street lights, but did not want to set precedence in allowing taller poles throughout the City, as they are becoming more and more of a necessity. The Commission was in favor to continue the item to approve the variance to the January 15, 2008. They directed staff to prepare conditions of approval and resolutions for approval of the project. M/S/C (WARNEKE/PELLERIN) to continue agenda item 6.5; Conditional Use Permit 13-08, Variance 3-08 until the next regular Planning Commission Meeting of January 15, 2008, directing Staff to bring back findings and a resolution approving the variance request. Motion carried 3-0. Ayes: Warneke, Pellerin and Mannion Nays: None Absent: Seitl Abstained: None Planning Commission Minutes Page 12 December 11, 2008 6.6 Conditional Use Permit 4-06 Amendment 1 Applicant: Verizon Wireless c/o Robert McCormick 27 Via Granada Rolling Hills, CA 90274 A proposal to amend Planning Condition # 19 of Conditional Use Permit 4-06 regarding property maintenance. CUP 4-06 is a previously approved Conditional Use Permit to construct a 45 ft. height stealth monopole (monoelm) with antennas and equipment shelter on a 40 ft. x 30 ft. (1,200 sq. ft.) leased area located on the east side of Mountain Ave., north of Esplanade Ave. The 9 acre parcel (APN 547-130-008) is located in the C-1 Zone approx. 120 ft. from the planned future Ramona Expressway to the east. The effect of this project has been adequately analyzed in an earlier adopted mitigated negative declaration, no further environmental review is necessary. M/S/C (WARNEKE/PELLERIN) to continue agenda item 6.6; Conditional Use Permit 4- 06, Amendment 1, to the next regular Planning Commission meeting of January 15, 2009. Motion carried 3-0. Ayes: Warneke, Pellerin and Mannion Nays: None Absent: Seitl Abstained: None 6.7 Conditional Use Permit 12-08 Applicant: Los Angeles SMSL, LP for Verizon Wireless 15505 Sand Canyon Ave Irvine, CA 92618 A proposal for Verizon Wireless for the installation of a 55 ft. broadleaf monotree along with an 11 ft. x16 ft. prefabricated equipment shelter and a 5 ft. x 8 ft. concrete pad for a future generator. The site is 900 square feet to be located at the southeast corner of 1209 W. Ramona Expressway. This proposal has been determined to be Class 32 (In -fill Development Project) Categorical Exemption, pursuant to Section 15305 of the Guidelines for Implementation of CEQA. Information Planner Clayton presented his staff report dated December 11, 2008. Public Hearing opened. Ms. Randi Newton, representative, indicated that they were in agreement with the conditions of approval. Public Hearing closed. Planning Commission Minutes Page 13 December 11, 2008 M/S/C (PELLERIN/MANNION) to adopt Planning Commission Resolution 08-35, approving Conditional Use Permit 12-08 subject to the Conditions of Approval, as presented. Motion carried 3-0. Ayes: Pellerin, Mannion and Warneke Nays: None Absent: Seitl Abstained: None 6.8 Conditional Use Permit 1-08 Amendment 1 Applicant: KZ Holdings 19752 MacArthur Blvd, Suite 250 Irvine, CA 92612 As previously approved the project consists of a 139,991 square foot community shopping center on 17.2 acres. The revised first phase of the two phase project consists of 74,591 square feet of floor space and includes a 13,225 square foot major pharmacy, two major retailers of 24,815 square feet and 14,775 square feet, 9,600 square feet of inline shops, two 3,200 square foot drive-thru restaurants, a 2,800 square foot drive-thru restaurant and a 2,976 square foot convenience store/gas station with alcoholic beverage sales and a car wash. The revised second phase consists of 65,400 square feet of floor space and contains the remainder of the center consisting of the major retailer of 57,600 square feet, a 2,800 square foot drive-thru restaurant and a 5,000 square foot bank with drive-thru banking services. The entire site is located at the southwest corner of Sanderson and Cottonwood Avenues in the C-2 General Commercial zone, with a General Plan designation of Community Commercial. Pursuant to the CEQA process, the project has been adequately analyzed in an earlier adopted mitigated negative declaration. M/S/C (WARNEKE/MANNION) to continue agenda item 6.8; Conditional Use Permit 1- 08 Amendment 1, to the next regular Planning Commission meeting of January 15, 2009. Motion carried 3-0. Ayes: Warneke, Pellerin and Mannion Nays: None Absent: Seitl Abstained: None 7.0 BUSINESS ITEMS 7.1 Director's Report Planning Director Hartel noted that next Planning Commission meeting will be held on the 3rd Thursday of January, which is technically a City Council day. He stated that it is just for the month of January, due to the holiday falling on the 1st Thursday of the month. On other business, he stated that the Planning Commission advertisement for vacancy closes on January 16, 2009. He is hoping that we will have a new Commission on board for the February meeting. Additionally, he indicated that the Annual Christmas Breakfast is scheduled for Tuesday, December 16, 2008, Emilios Mexican Restaurant from 7:30 a.m. to 9:30 a.m. Planning Commission Minutes Page 14 December 11, 2008 The Commission discussed with Staff about the Cove project and KB Homes that was postponed until the next meeting in January. 8.0 ADJOURNMENT M/S/C (WARNEKE/PELLERIN) to adjourn the meeting with no further business to discuss to the next regular meeting of January 15, 2009 at the hour of 10:40 p.m. Respectfully submitted, Mimi Rodriguez Administrative Secretary Community Development Department Planning Commission Minutes Page 15 December 11, 2008 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. Date of Preparation: 11/05/08 Applicant: Los Angeles SMSL, LP for Verizon Wjre Location: Southeast corner of 1209 W. Ramor; General Conditions 1. This proposal for a 55-foot broadleaf it( installation of an eighteen ®a el wireles feet and a 4-foot parabo: `dta Condit! comply with the developme zoning district. e, that will accommodate the tenna array mounted at 53 Use Permit 12-08 shall neral Commercial (C-2) 2. The effect! m to of � ance o ; is Conditional Use Permit is the date it is ratified he City o = Heil. Th onditional Use Permit will lapse if the improveme �� ave �:t en -� within two (2) years from the date upo hich a ce a a -d approval. In addition to these of approval, this project is also subject to the ditions he "Cii y Engineer dated October 10, 2008, and the Fire Department er 15, 2008. 3. The applicant agrees to indemnify, hold harmless, and defend the City, its officials, officers ents and employees, from any and all liability, claims, action ings that may be brought arising out of its approval of this ' � permit, d any approvals associated with the project, including, without limitation, any CEQA review or approval, except to the extent caused by the negligence of the City. 4. All plans submitted to the City shall be in substantial conformance with the plans in this approval. This condition applies to site plans, grading plans, landscape plans, building plans, elevations, and all other illustrations, text, or plans submitted to the City in connection with the project. 5. The broadleaf mono -tree shall be constructed to permit co -location as shown on the site plan. Page 1 of 3 conditions under which it is, being opera the public health, welfare or materi improvements in the vicinit+ as to constitute a public nuis 10. The facility facility in the Wirer discontinue facila, 11 12. GradI standa pe�'ator appropria Telecom 6. Antennas and all support structures on the monopole shall be painted to match the color of the mono -tree leaves. The antennas shall not project beyond the leaves of the mono -tree. 7. Exterior lighting shall be a manually -operated or motion detector controlled light above the equipment shelter door. Light shall be kept off except when personnel are actually present at night. 8. Backup generators shall only be operated during testing and maintenance purposes. If the faci hundred (100) feet of a residential dwelli measures shall be included to reduce exteri CNEL at the property line. Routine testi take place on non -holiday weekdays between the 5:30pm. 9. This use permit may be modifi ower outages and for located within one it, noise attenuation evels to at least 65dB ar:tenance shall only hours of 8:00am and r revo Ced by the Cifigeouncil or Planning Commission should they d t rr ij that the proposed use or r maintained is detrimental to injurious to property or ropert perated or maintained so ;propeer is responsible for maintaining the manneonsistent with the original approval of ication ° ility. Should the use be replaced or s, the approvals will lapse and the remove`tfi1`e and equipment and restore the site on. Cities adjacent to and on site shall be located di San Jacinto Municipal Code Section 15.32. )improvements shall be installed in accordance with city cifications. 13. To reduce rcise impacts adjacent to the project site, construction and grading activities shall be limited to the hours between 7:00 a.m. and 7:00 p.m. Monday through Saturday. All construction equipment shall be mufflered and/or surrounded by noise attenuating barriers. 14. Upon project approval, the applicant shall submit a check to the City, payable to Riverside County, in the amount of $64.00, for payment of County documentary handling fee in conjunction with the filing of a Notice of Exemption. Page 2 of 3 Prior to issuance of a Grading Permit 15. Prior to the issuance of a Grading or Building Permit a note shall be placed prominently on the construction documents to, "Notify Daniel Dixon or Mike Vega of MWD's Water System Operations Group, telephone (951) 926-7002, at least two working days (Monday through Thursday) prior to starting an work in the vicinity of our facilities." 16. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards and accepted grading practices. The final grading plan shall be in substantial conformance with the approved site plan and grading plan. Prior to issuance of a Building Permit 17. Prior to issuance of a building permit, fence and wall Prinsshall comply with the City Fence Guidelines and be subject,. to review 'an' approval of the Planning Department. 18. 30-days prior to use, a list id specificatins of all construction equipment to be used in the area of1h»1WD pipelin shall be submitted to MWD for review and approval. Conditions of Approval UP 12- Building and Safety nt General Condit' 1. All required sable c other o 'construction. artmhfilIe access roads shall maintained in a all times for emergency Fire Department use. Gates hall be approved by the Fire Department prior to 2. All ,ber scraps, combustible materials and other debris shall be picked up daily, oroften as required by the Building and Safety Department. Prior to Occupan 3. Prior to Certificates of Occupancy, specific address for each building shall be provided, shall be contrasting color and background. Page 3 of 3 TO: Asher Hartel, Planning Director David Clayton, Planning Technician FROM: Habib Motlagh, City Engineer DATE: October 10, 2008 RE: CUP 12-08, Verizon 70' Broadleaf Tower • No new driveway will be approved for this site. The applicant shall use existing driveway and follow all traffic regulations for such use. It should be noted that subject to the proposed City of San Jacinto widening project along the Expressway per General Plan Standards, the use of this and any existing driveways along Expressway may be limited to right in and out only. • Any work within MWD (San Diego Aqueduct), right of way requires their review and permit. City Engineer's Office P.O. Box 488 • San Jacinto, CA 92581 • Ph (951) 654-3592 • Fax (951) 654-3672 www.ci.san-jacinto.ca.us John R. Hawkins Fire Chief Proudly serving the unincorporated areas of Riverside County and the Cities of: Banning • Beaumont • Calimesa • Canyon Lake • Coachella • Desert Hot Springs • Indian Wells • Indio • Lake Elsinore • La Quinta Moreno Valley Palm Desert • Perris • Rancho Mirage • SanJacinto Temecula Board of Supervisors Bob Buster, District I John Tavaglione, District 2 Jeff Stone, District 3 Roy Wilson, District 4 Marion Ashley, District 5 RIVERSIDE COUNTY FI': DEPARTMENT In cooperation with the California Department of Forestry and Fire Protection 2300 Market St, suite 200 Riverside, Ca. 92501 • (951) 955-4777 • Fax (951) 955-4886 10-15-2008 David Clayton, Information Planner City of San Jacinto 248 E. Main Street San Jacinto, Ca. 92583 Re: Conditional Use Permit 12-08, Verizon cell tower, 1209 Ramona Expy. FIRE recommends the following conditions: 1. Provide emergency contact information at the entrance to the mono- pole enclosure. 2. Provide "KNOX" rapid access padlock or electric key switch at gate access to mono -pole enclosure. KNOX application available at the Riverside office, call (951) 955-4777 for further information. Re: Variance #2-08, FIRE has no comments or conditions. Scott DeForge, AFM Riverside County Fire, Planning Section MINUTES REGULAR MEETING OF THE SAN JACINTO PLANNING COMMISSION October 28, 2004 7:00 p.m. San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, California 6.4 Conditional Use Permit 1-04 Applicant: Brian Cook and Associates 2536 Monroe Avenue San Diego, CA 92116-2952 A proposal by Anthem Telecomm to construct on a 55' x 55' leased area, an unmanned fully stealthed wireless telecommunication facility. On a 45-foot high mast, a three panel array will be located in the ball of the mono -palm at the 40- foot high level and a second three panel antenna array will be located on the tree trunk at the 33-foot high level on each of the two mono -palms. Two 11' x 20' x 10' equipment shelters and two 10' x 10' are also proposed. The project is located at the northeast corner of a 2.65 acre parcel at 1283 Ramona Expressway. This proposal has been determined to be Class 32 (In -fill Development Project) Categorical Exemption, pursuant to Section 15332 of the Guidelines for Implementation of CEQA. Information Planner Clayton presented his staff report dated October 28, 2004. The commission had some general questions of staff, and Information Planner Clayton responded to their concerns. Public Hearing opened. Mr. Kevin Doss, 2536 Monroe Avenue, San Diego, indicated that he was present to answer questions of the Commission and noted that he was in concurrence with the conditions of approval. Ms. Debbie Smith, 1209 Ramona Expressway indicated that she was concerned with a turn around access for the Fire Department, and inquired if the road was approved. Information Planner Clayton noted that Planning Condition 10 indicates it is a standard driveway. Mr. Brian Cook stated that they were not proposing an asphalt driveway, they were going to leave the access as it currently is with gravel. City Engineer Motlagh further added that the Fire Department will bless the project if they stick to the condition as written. Public Hearing closed. M/S/C (MANSPERGER/COPE) to adopt Planning Commission Resolution 03-81 approving Conditional Use Permit 1-04 subject to the Conditions of Approval as presented. Motion carried 4-0. Ayes: Mansperger, Tolliver, Cope, and Warneke Noes: None Abstained: None Absent: Rao MINUTES REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL NOVEMBER 18, 2004, 7:00 p.m. San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, California 5.14 Conditional Use Permit 1-04 / Re -ratify the Approval of CUP 1-04 based on the Findings of Fact and Conditions of Approval allowing installation of a clustered wireless telecommunication facility located at northeast corner of a 2.65 acre commercial parcel at 1283 Ramona Expressway / Community Development Director Vice Mayor Carlson Buydos pulled Agenda Item 5.14. 5.14 Conditional Use Permit 1-04 / Re -ratify the Approval of CUP 1-04 based on the Findings of Fact and Conditions of Approval allowing installation of a clustered wireless telecommunication facility located at northeast corner of a 2.65 acre commercial parcel at 1283 Ramona Expressway / Community Development Director Vice Mayor Carlson-Buydos stated that this has been before the Council before and has come back because of notice of hearing issues. She questioned if this item is two towers or three different towers and what other structures are in the area that limit the height of the towers. She further questioned the structure's compatibility and why it isn't commercial; and which type of antenna/tree it is. Community Development Director Tim Hults stated that this is a palm tree that has the antenna within the ball and for a second antenna array, it would be trunk mounted, flushed and clad to look like a palm. The closest structure is the hay shed next door for height issue. Vice Mayor Carlson-Buydos stated she is questioning the compatibility because how far it is set back from the residential development. Director Hults stated that there is a parcel between this individual location and Blodgett Street. The parcel itself is approximately 600 feet. He also added that it will be about 150 feet from Blodgett Street. It is roughly 500 — 600 feet from Ramona Expressway. Vice Mayor Carlson-Buydos stated that she usually has photo simulations from different locations. She is not sure if it will be ratified tonight. She questioned the compatibility of what is there in the area now versus taking the whole area, which is General Plan right now and not even zoned commercial. The whole area creates a nice commercial complex. She questioned if the site was commercial with a legal non -conforming residential use would now it be a similar situation as the Sanderson/Ramona site? Director Hults replied affirmatively. Vice Mayor Carlson-Buydos questioned how they would review this residential or commercial? Director Hults stated it would be reviewed as commercial. Vice Mayor Carlson-Buydos questioned if that also applied to the set back, though the uses there are residential. Director Hults replied affirmatively. Vice Mayor Carlson-Buydos stated that based on these questions, she wants to be sure that it fits, and would like to set it for a hearing. She expressed concern about the area being slated as commercial with the proximity and aesthetic issues. She further stated that the area will probably all go commercial, but wants to make sure if it goes residential, it complies. Attorney Brown noted there may be time restraints based on Planning Commission approving the environmental review process. Mayor Ayres left meeting. Council Member Stubblefield concurred to set the matter to a hearing. Director Hults read engineering conditions. 1. The applicant shall agree to indemnify, hold harmless, and defend the City, its officers, agents and employees, from any and all liability or claims that may be brought against the City arising out of its approval of this permit, or arising out of operation of the facility, save and except that caused by City's active negligence. 2. The use hereby permitted is for a clustered wireless telecommunication facility with two 45' mono -palms located on APN: 431-040-053. The effective date of issuance of this permit is the date it is ratified by the City Council. The applicant must activate the permit within one-year after ratification or it shall become null and void. 3. Each mono -palm shall be constructed to permit co -location. One cellular provider in the palm -ball and one cellular provider in the palm trunk. No antenna array shall be permitted in the palm frond structure. 4. All applicable development fees effective at the time of issuance of the building permit shall be paid. 5. All new and existing utilities shall be located underground as per Ordinance #820. 6. Exterior lighting shall be a manually -operated or motion detector controlled light above the equipment shelter door. Light shall be kept off except when personnel are actually present at night. 7. Prior to the issuance of a Certificate of Occupancy, all utility substructures shall be located and/or screened with landscaping material so as to minimize visibility from the public right of way. 8. Prior to the issuance of a preliminary (rough) grading permit, the developer shall submit a soils report to the Planning Department. 9. Grading and public improvements shall be installed in accordance with City standards and specifications. The tops of all graded slopes shall be at the property line. 10. Standard commercial approach and asphalt driveway shall be 21/2 inch thickness over a compacted native base. Plans shall be submitted to the City Engineer for work outside the Caltrans right-of-way. 11. Additional pavement, striping and signing improvements shall be provided to allow for right and left turns. Plans shall be submitted to and permitted by Caltrans. 12. Prior to issuance of a building permit, the developer shall submit landscape and automatic watering system plans for the facility. Landscaping improvements shall be installed prior to issuance of a Certificate of Use and Occupancy. 13. Prior to issuance of a building permit, the developer shall submit landscape and automatic watering system plans for the facility. Landscaping improvements shall include the installation of two15-foot and two 20-foot high palm trees and specimen size trees shall be planted on the exterior of the facility to screen the equipment shelters. Improvements shall be installed prior to the issuance of a Certificate of Use and Occupancy. 14. Prior to issuance of Certificate of Occupancy, the developer shall install a 6-foot high split face block wall around the facility. Access to the facility shall be through two 6-foot wide iron rod gates with a mesh backing and a "Knox" rapid entry lock or box. Plans shall be submitted to the Planning Department prior to the issuance of a building permit. 15. Antennas and all support structures shall be painted to match the color of the palm fronds. 16. Simulated palm trunk, the cladding on the steel monopole shall consist of a textured coating and etched in a manner to emulate the appearance of the trunk of a palm tree. 17. Each equipment shelter shall be 11'x20'x10' and shall consist of an insulated prefabricated metal structure with an exposed aggregate exterior. 18. This use permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed use or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. M/S/C (Stubblefield / Conner) / moved to re -ratify the Approval of CUP 1-04 based on the Findings of Fact and Conditions of Approval allowing installation of a clustered wireless telecommunication facility located at northeast corner of a 2.65 acre commercial parcel at 1283 Ramona Expressway motion to set a ratification hearing for CUP 1- 04 Approval. Motion carried 4/0. Ayes: Carlson-Buydos, Conner, Shaw, Stubblefield Nays: None Absent: Ayres Abstain: None City Council Action Minutes February 3, 2005 Page 2 of 10 Ayes: Ayres, Ritchie, Shaw, Buydos Nays: None Absent: Stubblefield Abstain: None See Item 4.5 of City Departments 3. PUBLIC HEARING 3.1 Public Hearing — Conditional Use Permit 1-04 2.65 acres located at 1283 Ramona Expressway Applicant: Alexander Blasscyk Mountain Union Telecomm 17870 Skyview Circle, Suite 270 Irvine, CA 92612 This item was continued from January 6, 2005. Mayor Buydos reopened the Public Hearing at 7:19 p.m. Applicant representative from Henderson, NV spoke. Richard Hochberg, 1457 Potomac, American Village, San Jacinto Mayor Buydos closed the Public Hearing at 7:24 p.m. M/S/C (Ayres / Buydos) moved to approve ratify Planning Commission's CUP 1-04 as presented with the additional condition to make it a two-year Conditional Use Permit. Motion carried 4/0. Ayes: Ayres, Ritchie, Shaw, Buydos Nays: None Absent: Stubblefield Abstain: None 3.2 General Plan Amendment 3-04 and Zone Change 2-04 Tentative Tract 32080 for 33 single family lots east of Potter Road between Ramona Boulevard and Ramona Expressway / Approve Mitigated Negative Declaration with De Minimus Finding / Approve introduction and first reading of Ordinance No. 05-02 amending the City's General Plan / Approve introduction and first reading of Ordinance No. 05-02 and by further motion read by title only: An Ordinance of the City Council of the City of San Jacinto, California, Approving Change of Zone 2-04, Re -Zoning Certain Real Properties Located East of Potter Road between Ramona Boulevard and Ramona Expressway from Agriculture and Commercial to R-1 (Single Family Residential). City Council Action Minutes June 3, 2004 Page 5 of 6 5.1.10 Conditional Use Permit 1-04 / Wireless Communications Facility / Ratify the approval of Planning Commission's Conditional Use Permit 1-04 based on the Findings of Fact and Conditions of Approval, allowing the construction of two 45-foot high fully stealthed mono -palms to be located at the northeast corner of a 2.65 acre commercial parcel at 1283 Ramona Expressway M/S/C ( Carlson-Buydos / Conner) moved to approve Conditional Use Permit 1-04 as recommended from Planning Commission. Motion carried 5/0. Ayes: Carlson-Buydos, Conner, Shaw, Stubblefield, Ayres Nays: None Abstain: None Absent: None 6. MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS None Mayor Ayres recessed the Regular Meeting 9:40 p.m. and reconvened in Closed Session. 7. CLOSED SESSION 7.1 CONFERENCE WITH LABOR NEGOTIATORS Agency designated representative: Roger Crawford Employee Organization: Police Officers Association No reportable action 7.2 CONFERENCE WITH LABOR NEGOTIATOR Agency designated representative: Roger Crawford Employee Organization: Sergeants Association No reportable action 7.3 CONFERENCE WITH LABOR NEGOTIATORS Agency designated representative: Roger Crawford Employee Organization: Management Association No reportable action ADC TELEC LL RDDOBCED DESIGN CDHSDLTRHTS, LLC 5496 gmi9Smf¢s 'IguLTEATTACeigol? FT:109 `,MIS1 ANTHEM TELECOM, LLC 436 PROSPECT STREET, NEWPORT BEACH, CA 92663 TEL: 650.315.5145 FAX: 949.631.2702 DRIVING DIRECTIONS TO SITE L f 10Iarr Hi S449 VS IN cN 040,40 4LN TOW 7RS6 CEFil706 AY£ 1. 11654 L61 0410 TREE C .TC5 AVE ( 11LL5J L A 11654 LORO NTATT AVE. (OAVA 50.65( 4. TURN LEFT Otto DI ORE AVE IO®TVICES( LOS (1 5..54 MCAT ONTO LOS A1C ERIA6196 (651 Mit851 6..94 LEFT ONTO ILL RO50A AVEJCA-14.4-19 (051 M.( .94 LEFT ONTO 54146E155LN AVE (551 MD. R61-6NA EOM.(169 M.. LEGAL DESCRIPTION ASSESSORS PARCEL NO, 431-040-053-002 '5,4654t-5 &@£T 4.1 PLR l F.' ^1 6E5113F11CN SITE NAME: RAMONA EXPRESSWAY SITE NUMBER: CA-201 PROJECT DATA SITE ADDRESS MITE NAMP- RAMONA E.IYxt6SWAT 10993951511AT SITE NUMBER GA-201 053 DA14ACINTO, CA 91501.053 43 FAIT T196 DATA! /000 0G51Y11211 c,.11'Fm,40 o4544En TOTAL L6625 /LEA 133!¢R. GFIAETIC COOED54ATES LAMPE I416i160E 3313.3o1ON P.O.DT WOO el 011234766 ARE 0,4540 (1 II DE 52110611E56110i 677E 33130544 CK10161E arm TOE 4. Din 11W114Ep0340418i A e6TAELN®6TICd 11.93 NO 055 PROJECT SUMMARY 021l5(TLF41.91 2,59 ElNLAIYN CN NI PRPC6®46' 7 20PN9 um N0N30408, VELTER N .16115619 1268N 0 TALL PNII TNSS6 N0 CA1515 APPLICABLE CODE COMPLIANCE AL amt.,PWEONA owl 6186Cg10 N06PoTNL6O Nor44.04W1 mina 60017 10((W 6 CF TE T0.21243 Cep A 10CPIEO 6T NE 16.1529021212601125069 57506 N DUE 51A5510 E 0010010 T0P541121 :5510 005395 TO 565E CCC® L CAE052444656601651e CLLE 6.INN i6431 EP (NO- TOLES 14I0106 iefCg10J&D44101. WA 15.51006400065 CCOHM0 6N5104L FLEOIeUt CCM MCI 16.9.51215. ELECT CAL CLL6 251 6 {LCAL 118242 CC M6 4C66051414r1. v0 0.1295mO wart/CONwY cm(wo5 6 C660446 510III4 020552051 AL00 MN bA' 09ER 4PP1.16651.E LOCAL AND STATE LAWS PM RECILATwS. ACCESSABILITY EXCEMPTION 6519161511514180 NO LOT FOR 1459514964Ta1 K900J5{{0 ACCESS 5560101500WA 1266400, 4106.516.6 UM 664415 4 STATE 4006196529 CCCEPAN LIME 14.204101 OKEAq, E1400+I101L / PROJECT CONTACT 12& DILL RAT9554 JAL MO KAT J. R.Al6YaA AFPLICAME N&661 ffi&ta1 MIME( EDON CA 4552 TEL. 615.119 NW 2925.0 - N45160MCCNLTN4LLC CCIC4C1, 016.51 515 CLAMCtK 1615 (3105359106 41111111111111 AFIVV,IEREP#E$RAnh - t MAN 67F£pt1 CCN03.116 LLC 350 01601 AVE OWE 09.613 NELL GRT PF°"4. CA 9165o I FA5942 MANAGER: ZCN6Y6 MANAGER- ERIAN D. COOK CELL, 16191601-9444 FAX 16511161.1546 WAN O. CCOC 4 ASSOCIATES 44454011212614 OR 544M.11 SAN DEGO, CA 9104 CONSTRUCTION MANAGER PROJECT TEAM ANCMITECTISRALJEWANIZERWJASORVEYN 40V4341 t66f Lw l21E1.11664 ut <E 1155110211499511 6TLwa44965 I. OM 412-1551 COE1T. 6961911.0146 65.1111, MO E= C EVELGE TENT! N01$1I6l0 01 SHEET INDEX nl T7LE0451 u VIE MET 64 WE KAI s1 21560555 RAMONA EXPRESSWAY 1283 RAMONA EXPRESSWAY SAN JACINTO, CA, CURRENT ISSUE DATE: 8.26.04 ISSUED FOR: 100% ZONING APPROVALS LEASING: MING: RF EILGNEII0 CONSERIMBOIS TAG CHEG(: 09i0fi DATE:_ DATE_ DATE: DATE:_ DATE_ DATE. I PROJECT NO CA-201. 'DRAWN BY I CACHU JR CHECKED BY SAL URIZ JR. dl p� T Oy6 s SHEET TITLE TITLE SHEET lot SUBMITTAL . 12nd SU66100 4. (PILE NAME: - CENTER OF PROPOSED TOWER LATITUDE: NORTH 33'48'36.20" LONGITUDE: WEST 116.58'56.07" NOD 83 N 2239162.45 E 6339236.67 GROUND ELEVATION: 1494.5 (NAVD 8B) THE HORIZONTAL ACCURACY OF THE LATITUDE AND LONGITUDE AT THE CENTER OF TOWER LOCATION FALLS WITHIN FIFTEEN (I5) FEET. THE VERTICAL ACCURACY AT THE BASE OF THE TOWER FALLS WITHIN THREE (3) FEET. DATE OF SURVEY: 12-30-03 BASIS OF BEARINGS THE BASIS OF HORIZONTAL CONTROL FOR THIS SURVEY IS THE NORTH AMERICAN DATUM OF 1983. PLANE COORDINATES SHOWN HEREON ARE IN TERMS OF THE CALIFORNIA STATE PLANE COORDINATE SYSTEM OF 1983, ZONE 6. TITLE REPORT IDENTIFICATION: TITLE CD. FIDELITY NATIONAL TITLE CD. ORDER NO, 9767297 DATED: I2-1-03 ASSESSORS IDENTIFICATION: APN: 43I-040-053 OWNER: BILL PLATINGA JR. AND KAY J. PLATINGA fEtr/ TN �E� OT SEU OGE� Lx pP../+Ex aTRil P 422. 2 LEGAL DESCRIPTION PER TITLE REPORT: THE SOUTHWESTERLY PORTION OF PARCEL 2 OF RS 54/72, RECORDS OF RIVERSIDE COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 2; THENCE, S 47'30'14" W, 532.00 FT ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 2, TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 2, 5 47'30'14" W, 456.59 FT TO THE SOUTHEASTERLY CORNER OF SAID PARCEL 2; SAID CORNER ALSO BEING ON THE NORTHEASTERLY RIGHT OF WAY DR NORTHEASTERLY OF THE CENTERLINE OF IDYLLWILD DR.; AND ALSO BEING II' SOUTHWESTERLY OF THE CENTERLINE OF RAMONA EXPRESSWAY; THENCE, N 64'40'42" E, 541.21 FT ALONG THE NORTHWESTERLY LINE OF SAID PARCEL 2; THENCE, S 32'28' 33" E. 236.51 FT, TO THE TRUE POINT OF BEGINNING. LESS THAT PROTION IN RAMONA EXPRESSWAY. ASSESSORS PARCEL ND. 43I-D4D-053-2. LEGAL DESCRIPTION LEASE BOUNDARY: A PORTION OF PARCEL 2 OF RS 54/72, RECORDS OF RIVERSIDE COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 2; THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE THEREOF S 47'50'26" W, (RECORD S 47'30'I4" W) 532.00 FT; THENCE LEAVING SAID SOUTHEASTERLY LINE, NORTH 32'08'21" WEST, 1.27 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 32'08'2I" WEST, 55.00 FEET; THENCE SOUTH 47'50'26" WEST, 55.00 FEET; THENCE SOUTH 32'08'21" EAST, 55.00 FEET; THENCE NORTH 47'50'26" EAST, 55.00 FEET TO THE TRUE POINT OF BEGINNING. LEASE BOUNDARY CONTAINS 2978.86 SQUARE FEET OR 0 DON ACRF'5 WIRE DR I ERR PART OF PARCEL 2 R/S 54/72 2.65 acres apn 431-040-053 LIVESTOCK PEN..... / ry 6' HIGH Y \ WOOD FENCE 0511 5' HIGH WIRE FENCE 0 40' PARCEL I MA/72 BOUNDARY DETAIL & VICINITY MAP SCALE: 1"=100' BD' 120' SCALE: 7"= 40' PROPOSED LEASE BOUNDARY SEE DETAIL 0 / CENTER OF PROPOSED TOWER LAT N 33'48'36.2D" LONG W 116'58'56.07" GROUND EL: 1495.5 0'24'08.57' IF SHEET IS LESS THAN 24" X 36" IT IS A REDUCED PRINT -SCALE REDUCED ACCORDINGLY PART OF PARCEL 2 R/5 54/AA 2.6s apn 431-040-053 5 IRON PINS SET AT 4 CORNERS OF LEASE (TYP) PARCEL2 Rss/72 PROPOSED LEASE AREA (SEE BOUNDARY MART Z PARCEL 3 R554/72 LEASE BOUNDARY DETAIL SCALE:I"=20' EXCEPTION ITEMS PER TITLE REPORT QO EXEMPTION DESCRIPTION REC. DATE A-B. ANY TAXES OR LIENS 0 RIGHT OF WAY 0 EASEMENT 0 EASEMENT 0 EASEMENT 0 EASEMENT 0 EASEMENT 0 DEED OF TRUST 0 DEED OF TRUST 0 CERTIFICATE OF COMPLIANCE 0 AGREEMENT / II AGREEMENT N/A N/A 7/18/1885 9/29/1958 N/A 4-26-I973 12/5/197B 10/20/1978 7/25/2001 B/1/2001 N/A N/A REC. INFORMATION LOCATION N/A N/P (NOT PLOTTABLE) BOOK 43, P. 161 LOCATION BOOK 52, P. 59 N/P INST. NO. 69566 LOCATION BOOK 54, P. 72 LOCATION INST. NO. 53066 LOCATION ND. 255491 LOCATION INST. NO. 221336 N/P INST. NO. 2001-345411 N/P INST. NO. 01-360I49 N/P N/A N/P N/A N/P ROC H®H®HCE11 HESIGH CHHSHLTHHTS, LLC Riney f jmn95a1®s s`sm5. ANTHEM TELECOMM, LLC 2701 GREEN STREET, SUITE 7 SAN FRANSISCO, CA. 94123 TEL: 650.315.5145 FAX: 415.776.5734 RAMONA EXPRESSWAY 7283 RAMONA EXPRESSWAY SAN JACINTO, CA. CURRENT ISSUE DATE: 1.30.04 ISSUED FOR: 100% ZONING G: ALS F ENGINEER: CONSTRUCTMN: DATE: DATE: DATE: DATE: DATE. DATE. PROJECT NO (DRAWN BY 1 CACHU JR ' CHECKED BY SAL MRTZ JR. TITLE SITE SURVEY SHEET NUMBER C-1 12 st SUBMITTAL . 12nd SUBMITTAL, (FILE NAME: - ADC 0-4.] ECELES 110.. CAS.Etir GRAPHIC SCALE 10 0 5 10 20 IN. 40 ( IN FEET ) 1 Nach IA II. SITE PLAN LIKSTCGI rONLE (P) WOK -RILL OM GATE HOLDER. (TIP OF 0) (P) (2) 6. NM, F WIDE EMOTE V3 STRANDS OF SOWED TARE (TIP OF o) tr) LIIIES SERVICES APPLETON PLOD (TIP) (P) GRAVEL 3' DOCK MK W/GEOTEMLE FARM COMER 10 I' ONSIDE FENCE UNE (P) Se X SS. LEASE AREA (3025 SO. 11.) PALM .. (E)F0000 V/,/ 3 SOUNDS BANGED ME (1)P \ n (1* PA.S. wimps, PER PAO. \ GENUS (2), AZIOOTH \RAD. MOIR TAD. GRAVEL VW 01331EX11LE FAS= DOENDED TO I' ONSIDE HORN e 10EES MP.) ) (E) METAL ROOF Ts' AL). I SCALE' RIMINICED DESIGN CIIHSULTDRTS, LIE flariutfmhuiuSstiou rolVratil ANTHEM TELECOM. LLC 436 PROSPECT STREET. NEWPORT BEACH, CA 92663 TEL 650.315.5145 FAX: 949.631.2702 RAMONA EXPRESSWAY 1283 RAMONA EXPRESSWAY SAN JACINTO, CA. CURRENT ISSUE DATE: 8.26.04 ISSUED FOR: 100% ZONING APPROVALS lEASIM DATE Mac: DAM PP MAYER DATE CORSTROCROR: DATE TAG MC& DAM ovalet [PROJECT NO CA-201 [DRAWN BY I CACHU JR CHECKED BY SAL WIZ JR. 111111111111111111171111MMI 111111111111/111MI 11111•111111•11110 SHEET TITLE 100R MNING SITE LAYOUT 1st SUBMITTAL . 12nd SUBMMAL. ROE NAME - - (P) 10P or YONOPAW (P) (3) 33(a 0001 W 0400 9 0 PAW B LL (3) h SE101S (I) PER SCN6 Y CO.o(0.-0. (P) 05 Ps➢OME 6'-0' TALL (P) u' o' 100001W P) 6' YE) SNELTEA (mom) (P) IVAVECISOE UNICE ADC COHSULT88TS LLC 11YffQt6EL999 .i85 u: `nA4 asoo 6ea1o9i)® a6]i• ANTHEM TELECOM, LLC 436 PROSPECT STREET, NEWPORT BEACH, CA 926G3 TELL 650.315.5145 FAX: 949.631.2702 RAMONA EXPRESSWAY 1283 RAMONA EXPRESSWAY SAN JACINTO, CA. CURRENT ISSUE DATE: 8.26.04 ISSUED FOR: 100% ZONING (P) APP1E10X PLUG S 61N16 SEF s Laat[n 00 Noxtol 00E of LEASE M. 1PFE existing PB ARCHITECTS SEATTLE 'BATTERY STREET.SrEATTLE; V1tASHINGTQN' 98121 206,443;t979c . 3' 206.443.9875 ri°acintt, 1 Parcelasses sorview_clip. shp City LimitsCitylimits.shp "% Sj_centerline_clip_040208.shp Aerial Exhibit Parcelassessorview clip.shp City LimitsCitylimits.shp 'V/ Sj_centerline_clip 040208.shp Zoning ® A C-1 C-2 C-M City Well D-C D-R EMWD Fire Station M-1 • M-I-P ® Open Space ® Park ® Park Hill ® R-1 R-1 15,000 R-1 20,000 R-1 PUD R-2 R-2 PUD R-3 R-P R-T [_� RAAB ® Rancho San Jacin S-D School ® SP 1-85 SP 1-91 W-2 Cove SP Trails SP Esplanade SP ® M R-3 PUD and Current Zoning 1'HE PRESS - ENTERPRISE CLASSIFIED r) ADVERTISING ri� Printed by: Tinajero, Maria Payment Information Date Payment # Type Ad #: 9679111 at: 10:08 am on: Monday, Jan 26, 2009 Note: Advertising may be subject to credit approval. •--xv gym -Account Information 6--�� Phone #: (951) 487-7330 Name: SAN JACINTO, CITY OF Address: P 0 BOX 488 SAN JACINTO CA 92583 Acct #:. 103537 Client: Placed by: Sharon Erb (Trilakes Consultants) Faxl #:! (951) 654-8021 Ad Information - Classification: Legals Publications: Press -Enterprise Start date: 01-27-09 Stop date: 01-27-09 Insertions: 1 Rate code: LE -City Ad type: Ad Liner Taken by: Tinajero, Maria Size: 1x108.560 Bill size: 109.00x 5.14 agate lines Card Holder Ad Copy: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT, ON THURSDAY FEBRUARY 5, 2009 AT 7:00 P.M., OR SOON THEREAFTER AT THE SAN JACINTO UNI- FIED SCHOOL DISTRICT - BOARD ROOM, 2045 5. SAN JACINTO AVENUE, SAN JACINTO, CALIFOR- NIA, THE SAN JACINTO CITY COUNCIL WILL HOLD A PUBLIC HEARING. 1. Conditionol Use Permit 12-08 Applicant: Los Angeles SMSL, LP for Verizon Wireless, 15505 Sand Can- yon Ave, Irvine, CA 92618 A proposol for Verizon Wireless for the installa- tion of a 55' broadleaf monotree along with an 11'x16' prefabricated equipment shelter and a 5'x8 concrete pad fora fu- ture generator. The site is 900 square feet to be lo- coted at the southeast cor- ner of 1209 W. Ramona Expressway. The Plan- ning Commission ap- proved the protect on De- cember 11, 2008, and forwarded the approval to the City Council for ratification. This proposol has been determined to be Class 32 (In -fill Development Proj- ect) Categorical Exemp- tion, pursuant to Section 15305 of the Guidelines for Implementation of CEQA. ALL MEMBERS OF THE PUBLIC, WHO WISH TO SPEAK IN FA- VOR OF, OR IN OPPOSI- TION TO AN AGENDA ITEM, MAY SUBMIT A REQUEST TO SPEAK FORM AT THE MEET- ING PRIOR TO THE HEARING OF A PUBLIC HEARING ITEM. GROUPS WISHING TO ADDRESS THE CITY COUNCIL ON AN AGENDA ITEM ARE RE- QUESTED TO SELECT A REPRESENTATIVE AND PROVIDE AN OUT- LINE OF THE PRESEN- TATION PRIOR TO THE MEETING. GROUPS OR INDIVIDUALS THAT WISH TO CHALLENGE AN ACTION OF THE CITY COUNCIL, MAY BE LIMITED IN THEIR CHALLENGE TO ONLY THOSE ISSUES THAT WERE ADDRESSED AT THE TIME OF THE PUB- LIC HEARING. FURTHER DETAILS 3450 Fourteenth St. Riverside, CA 92501-3878 1-800-880-0345 951-684-1200 951-368-9018 Fax Exp. Approval Amount Total payments: $ 0.00 Gross price: $ 119.90 Net price: $ 119.90 Total payments: $ 0.00 Amount Due: $ 119.90 --- Page 1 --- THE PRESS - ENTERPRISE ARE AVAILABLE IN THE COMMUNITY DEVELOP- MENT DEPARTMENT, 595 S. SAN JACINTO AVE, SAN JACINTO, CA. PHONE: (951) 487-7330. ALL INTERESTED PAR- TIES ARE INVITED TO ATTEND. Asher Hartel PUBLISH DATE: January 27, 2009 Planning Director 1/27 CLASSIFIED rj , r ADVERTISING r ( � Printed by: Tinajero, Maria Ad #: 9679111 at: 10:08 am on: Monday, Jan 26, 2009 3450 Fourteenth St. Riverside, CA 92501-3878 1-800-880-0345 951-684-1200 951-368-9018 Fax CITY OF SAN JACINTO CITY COUNCIL Notice of Public Hearing Conditional Use Permit 12-08 PROPOSAL ENVIRONMENTAL DATE/TIME WHERE WHO TO CALL A proposal for Verizon Wireless for the installation of a 55' broadleaf monotree along with an 11'x16' prefabricated equipment shelter and a 5'x8' concrete pad for a future generator. The site is 900 square feet to be located at the southeast corner of 1209 W. Ramona Expressway. The Planning Commission approved the project on December 11, 2008, and forwarded the approval to the City Council for ratification. 44,\''45,1k Subject Site Subject Site ■■ImIp Ili■ 11111/ alp SP gam opi APPLICANT: Los Angeles SMSL, LP for Verizon Wireless 15505 Sand Canyon Ave Irvine, CA 92618 This proposal has been determined to be Class 32 (In -fill Development Project) Categorical Exemption, pursuant to Section 15305 of the Guidelines for Implementation of CEQA. Thursday, February 5, 2008 7:00 p.m. San Jacinto Unified School District Board Room 2045 S. San Jacinto San Jacinto, CA 92583 For additional information contact: David Clayton Community Development Dept. 595 S. San Jacinto Ave San Jacinto, CA 92583 (951) 487-7326 District Offices ESPLonsaCE } OD ST C,COAC WEn, n� avE Y ST San JacWeto l&,r, $than! Maid Oil AGENDA - TRANSMITTAL FORM TO: Dorothy L. Chouinard, City Clerk Enclosure: Staff Report for CC Meeting of 02-05-09 [CC or RDA] Ordinance No. 09-06 (RV & Inop. vehicles), Zoning Ordinance Amendment 02-08 (name — brief description) Consent Calendar Item Public Hearing Item: Notice required x yes no Copy attached x yes no Published 2-24-09 (date(s) Notices sent N/A (date(s) City Departments Item It, Attachments include (this needs to match the attachment list in the Staff';! ■ Ordinance 09-06 X Pleaseprovide a ully executed copy of documents to: Asher Hartel Please record and return conformed copy Your IMMEDIATE attention is necessary Comments: Name of person that will be presenting item at the meeting: Asher Hartel DATE: 2-23-09 Asher Hartel, Planning Director [Name or Initials], [Title] S:\Community Development\PLANNER\Asher\ZOA 02-08 RV Parking Ordinance\CC Transmittal 3-5-09.doc AGENDA ITEM 4-; 3 March 5, 2009 TO: The Honorable Mayor and Members of the City Council FROM: Asher Hartel, AICP, Planning Director SUBJECT: Second reading of Ordinance No. 09-06 (Recreational and Inoperable Vehicle Parking Ordinance), Zoning Ordinance Amendment 02-08. Applicant: City of San Jacinto 595 S. San Jacinto Avenue San Jacinto, CA 92583 RECOMMENDATION: Staff recommends that the City Council, by motion, conduct the second reading to adopt Ordinance No. 09-06 as revised at the first reading on February 5, 2009, approving Zoning Ordinance Amendment 02-08 and by further motion read by title only: An Ordinance of the City Council of the City of San Jacinto, California, approving amendments to Article 15, Section 15.01, Subsection G of the Zoning Ordinance; amending the City's regulations regarding the temporary parking of recreational, inoperable, and other vehicles. BACKGROUND: On February 5, 2009, Council approved the introduction and the first reading, by a 5-0 vote, of Ordinance No. 09-06 for Zoning Ordinance Amendment 02-08, to amend and improve the City's regulations for the temporary parking of recreational, inoperable, and other vehicles. Revisions made at the first reading were subsequently reviewed and confirmed by Council on February 19, 2009. Page 1 of 2 DISCUSSION : On February 5, 2009 the City Council conducted a hearing on the above ordinance and considered the Planning Commission's January 15, 2009 recommendation for approval. Council approved the first reading of the ordinance, with revisions to allow RVs to be stored in one side yard only and to delete a requirement for screening with a six (6) foot high solid fence or wall. On February 19, 2009, staff brought the ordinance back to Council for further discussion and confirmation that the revisions made at the previous hearing met with Council's intent. Council confirmed the revisions as presented by staff, and the revisions are included in the attached ordinance. ENVIRONMENTAL ANALYSIS: Pursuant to the CEQA process, this ordinance is exempt from further environmental review under the California Environmental Quality Act ("CEQA") (Cal. Pub. Resources Code, §§ 21000) and its implementing regulations because the proposed amendment is not a 'project' within the meaning of CEQA Regulations section 15378(b)(2) in that it is merely general policy or procedure making and because the ordinance is exempt from further environmental review pursuant to CEQA Regulations section 15061(b)(3) based on the fact that the ordinance is within the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment and it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment. FISCAL IMPACT: None to the City. The improved regulations contained in the ordinance will eliminate grey areas and reduce time and confusion for residents and staff, and provide for citations and fines to offset Code Enforcement staff costs to the City. ATTACHMENTS: • Ordinance No. 09-06 Page 2 of 2 ORDINANCE NO. 09-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO AMENDING ARTICLE 15, SECTION 15.01 PERTAINING TO THE TEMPORARY PARKING OF RECREATIONAL, INOPERABLE, AND OTHER VEHICLES WHEREAS, the City of San Jacinto ("City") is authorized by California Constitution, Article XI, Section 7 to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, Government Code section 65850, subd. (d) permits local authorities, by ordinance or resolution, to establish requirements for offstreet parking and loading; and WHEREAS, the City Council has determined that a period of three days (72 hours within any consecutive 120-hour period) is a more reasonable amount of time to allow for recreational vehicles (RVs) to be temporarily parked in the driveway of any residential property; and WHEREAS, the City Council has determined that the unrestricted parking and storage of inoperable vehicles creates visual blight in neighborhoods and is thus undesirable. THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES ORDAIN AS FOLLOWS: Section 1. The City Council hereby adopts the recitals of this Ordinance as true and correct and such recitals are hereby incorporated by reference as though fully set forth in the text of this Ordinance. Section 2. San Jacinto Zoning Ordinance Article 15, Section 15.01, Subsection G shall be amended to read as follows: "G. Parking and Storage of Vehicles. Includes Recreational Vehicles (RVs), Commercial Vehicles, Utility Trailers, Tractors and Wrecked, Junked or Inoperable Vehicles. Except where permitted elsewhere in Ordinance No. 340, the parking or storage of RVs (including, without limitation, boats, motor homes, travel trailers, campers, camper shells, and similar vehicles), commercial vehicles (including, without limitation, trucks and vans as defined in Section F above), utility trailers, tractors, or wrecked, junked, non- registered, or inoperable vehicles, in the areas designated as required parking or within the required front yard of any residential property is strictly prohibited, except as follows: 1 1. RVs may be parked in the driveway (said RV shall not extend over the right-of-way) for up to a total of seventy-two (72) hours within any consecutive 120-hour period for the purpose of loading and unloading the RV and for light maintenance and repair. Upon the expiration of seventy-two (72) hours, should the RV not have been moved to a location as provided in subsection 3 below or a distance of at least three hundred (300) feet, the RV shall not be considered as having been moved and will be in violation of this section. Such vehicles shall not be used for living, sleeping, or housekeeping purposes. 2. Agricultural or farming tractors may be temporarily parked in the front yard of parcels whose main use is agricultural in nature. RVs may be stored in one side yard, extending to the rear property line of any residential property. On corner lots, RVs may be stored only in the interior side yard, extending to the rear property line. Motorized RVs must be stored on an improved surface of concrete or other material as approved by the Community Development Department. Inoperable vehicles may be stored in an enclosed building on any residential property provided they are constructed to approved City standards as approved by the Community Development Department. An inoperable vehicle is defined as "any car, truck, motorcycle, trailer, boat or vessel, motor home or other conveyance intended to be used on public roadways or waterways that cannot legally and safely be operated on such public roadways or waterways; or any off -road vehicle that cannot be operated on or off public roadways. A "certificate of non -operation" issued by the California Department of Motor Vehicles relates only to the registration fees due and has no bearing on the operable status of any vehicle or vessel". Violations of this subsection may, in addition to any other remedies available to the City, be addressed through the Administrative Citation process, with an abatement period of not less than one (1) and no more than three (3) days permitted for correction." Section 3. Severability. Should any provision, section, paragraph, sentence or word of this chapter be determined or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this chapter shall remain in full force and effect. Section 4. CEQA. Pursuant to the CEQA process, this ordinance is exempt from further environmental review under the California Environmental Quality Act ("CEQA") (Cal. Pub. Resources Code, §§ 21000) and its implementing 2 regulations because the proposed amendment is not a 'project' within the meaning of CEQA Regulations section 15378(b)(2) in that it is merely general policy or procedure making and because the ordinance is exempt from further environmental review pursuant to CEQA Regulations section 15061(b)(3) based on the fact that the ordinance is within the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment and it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment. Therefore, staff will file a Notice of Exemption with the County within 3 working days of the adoption of this ordinance. Section 5. Effective Date. This ordinance shall take effect and be in full force on the 30th day from and after its second reading. Introduced at a regular meeting of said City Council on the 5th day of February, 2009, by the following vote: MOVED, PASSED, AND ADOPTED at a regular meeting of the City Council on the 5th day of March, 2009 by the following vote: Ayes: Nays: Absent: Abstain: ATTEST: Dorothy L. Chouinard, City Clerk City of San Jacinto By Dale Stubblefield, Mayor 3 Date THE PRESS - ENTERPRISE Payment Information -- Payment # Type Note: Advertising may be subject to credit approval. Account Information Phone (951) 487-7330 Name:! SAN JACINTO, CITY OF Address: P 0 BOX 488 SAN JACINTO CA 92583 Acct#: 103537 Client:''. Placed by: ASHER HARTEL Fax #: (951) 654-8021 Classification: Publications:! Start date: Stop date: Insertions: Ad information Legals Press -Enterprise 02-24-09 02-24-09 1 Rate code: LE -City Ad type: Ad Liner Taken by: Tinajero, Maria Size: Bill size: 2x72.760 146.00x 5.14 agate lines CLASSIFIED r' ADVERTISING I Printed by: Tinajero, Maria at 4:07 pm on: Friday, Feb 20, 2009 Card Holder Ad #: 9717955 3450 Fourteenth St. Riverside, CA 92501-3878 1-800-880-0345 951-684-1200 951-368-9018 Fax Exp. Approval Total payments: Ad Copy: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT, ON THURSDAY, MARCH 5, 2009 AT 7:00 P.M., OR SOON THEREAF- TER AT THE SAN JACINTO UNIFIED SCHOOL DIS- TRICT - BOARD ROOM, 2045 5. SAN JACINTO AVE- NUE, SAN JACINTO, CALIFORNIA, THE SAN JACINTO CITY COUNCIL WILL HOLD A PUBLIC HEARING. 1. Zoning Ordinance Amendment 02-08; Second read- ing and adoption of Ordinonce No. 09-06 (Recreational and Inoperable Vehicle Porking Ordinance). Applicant: City of San Jacinto 595 5. San Jacinto Avenue Son Jocinto, CA 92583 An amendment to Article 15 of the Zoning Ordinonce to amend the City's regulations regarding the temporary parking of recreotionol, inoperable, and other vehicles. The Planning Commission conducted a public hearing forthis proposal on Januory 15, 2009, and recommended approval to the City Council. The City Council conducted a public hearing an February 5, 2009, revised the ordi- nance and conducted the first reading approving the or- dinance; the revised ordinance was discussed and ap- proved by the City Council on February 19, 2009. Pursuant to the CEQA process, this ordinance is exempt from further environmental review under the California Environmental Quality Act ('CEQA") (Cal. Pub. Re- sources Code, §§ 21000) and its implementing regula- tions because the proposed amendment is not a 'project' within the meaning of CEQA Regulations section 15378(b)(2) in that it is merely general policy or proce- dure making and becouse the ordinance is exempt from further environmental review pursuant to CEQA Regu- lations section 15061(b)(3) bosed on the fact that the ordinance is within the general rule that CEQA applies only to projects that hove the potential for causing o significant effect on the environment and it can be seen with certainty that there is no possibility that the ordi- nance may have a significant effect on the environment. ALL MEMBERS OF THE PUBLIC, WHO WISH TO SPEAK IN FAVOR OF, OR IN OPPOSITION TO AN AGENDA ITEM, MAY SUBMIT A REQUEST TO SPEAK FORM AT THE MEETING PRIOR TO THE HEARING OF A PUBLIC HEARING ITEM. GROUPS WISHING TO ADDRESS THE CITY COUNCIL ON AN AGENDA ITEM ARE REQUESTED TO SELECT A REPRESENTATIVE AND PROVIDE AN OUTLINE OF THE PRESENTATION PRIOR TO THE MEET- ING. GROUPS OR INDIVIDUALS THAT WISH TO CHALLENGE AN ACTION OF THE CITY COUNCIL MAY BE LIMITED IN THEIR CHALLENGE TO ONLY THOSE ISSUES THAT WERE ADDRESSED AT THE TIME OF THE PUBLIC HEARING. FURTHER DETAILS ARE AVAILABLE IN THE COMMUNITY DEVELOPMENT DEPARTMENT, 595 S. SAN JACINTO AVE, SAN JACINTO, CA, 92583. PHONE: (951) 487-7330. ALL INTERESTED PAR- TIES ARE INVITED TO ATTEND. Asher Hartel Planning Director 2/24 Gross price: Net price: Total payments: Amount Due: Amount $ 0.00 $ 160.60 $ 160.60 $ 0.00 160.60 AGENDA - TRANSMITTAL FORM TO: Dorothy L. Chouinard, City Clerk Enclosure: Staff Report for CC Meeting of 02-05-09 [CC or RDA] 1 Ordinance No. 09-r5 (RV & Inop. vehicles), Zoning Ordinance Amendment 02-08 (name — brief description) Consent Calendar Item ► Public Hearing Item: Notice required x yes _ no Copy attached x yes no Published 1-27-09 (date(s) Notices sent N/A (date(s) City Departments Item ® Attachments include (this needs to match the attachment list in the Staff Report: • Ordinance 09-05 • Three (3) Planning Commission Staff Reports & Resolution of 1-15-09 • Existing Regulations From Zoning Ordinance • Written comments submitted by members of the public • Presentation To The Planning Commission — Relative To Recreational Vehicle Parking, December 11, 2008 crn, VA- X Please provide a fully executed copy of documents to: Asher Hartel Please record and return conformed copy Your IMMEDIATE attention is necessary Comments: Name of person that will be presenting item at the meeting: Asher Hartel DATE: 1-27-09 Asher Hartel, Planning Director [Name or Initials], [Title] S:\Community Development\PLANNER\Asher\ZOA 02-08 RV Parking Ordinance\CC Transmittal 2- 5 - 09 . d o c February 5, 2009 TO: FROM: Asher Hartel, AICP, Planning Director SUBJECT: Ordinance No. 09-05 (Recreational and Inoperable Vehicle Parking Ordinance), Zoning Ordinance Amendment 02-08. AGENDA ITEM The Honorable Mayor and Members of the City Council Applicant: City of San Jacinto 595 S. San Jacinto Avenue San Jacinto, CA 92583 RECOMMENDATION: Staff recommends that the City Council by motion: Introduce Ordinance No. 09-05 for first reading approving Zoning Ordinance Amendment 02-08, based upon the Planning Commission's recommendation and by further motion read by title only. An Ordinance of the City Council of the City of San Jacinto, California, approving amendments to Article 15, Section 15.01, Subsection G of the Zoning Ordinance; amending the City's regulations regarding the temporary parking of recreational, inoperable, and other vehicles. BACKGROUND: The City of San Jacinto has been experiencing problems with the parking of recreational vehicles (RVs) and inoperable vehicles in driveways and front yards. The intent of the attached Ordinance is to reinforce the City's Zoning Ordinance by amending Article 15 (Off -Street Parking) to better define the limitations of parking these types of vehicles on residential properties. On January 15, 2009 the Planning Commission recommended, with a 4-0 vote, that the City Council approve the Ordinance described above. The Planning Commission staff reports of January 15, 2009, December 11, 2008, and November 13, 2008, and their Resolution recommending City Council approval are attached. Page 1 of 3 DISCUSSION : The intent of the attached Ordinance No. 09-05 is to add language to the Zoning Ordinance to eliminate confusion and better define limitations on parking in residential areas. As revised by the Planning Commission, the ordinance allows the temporary parking of RVs in driveways for 72 hours within any consecutive 120-hour period for loading, unloading, and light maintenance, and prohibits living and sleeping in an RV. The original version of the ordinance recommended by staff limited the parking of RVs in driveways to 48 hours. However, the Planning Commission felt that 48 hours was insufficient time and revised the period to 72 hours. The City's current regulations allow for the parking of RVs in driveways for up to 72 hours. To allow a comparison of the proposed new regulations contained within the ordinance versus the existing regulations, the existing regulations from the zoning ordinance are attached (Attachment B, "Existing Regulations From Zoning Ordinance", Article 15, Off -Street Parking). The City's previous Code Enforcement Manager, Ron Dye, addressed the Planning Commission at the December 11, 2008 hearing, gave a presentation outlining the operation of the Code Enforcement Division, and discussed the proposed ordinance. Mr. Dye recommended 48 hours for the length of time to allow the temporary parking of RVs in driveways. A copy of Mr. Dye's presentation report is included as an attachment (Attachment F). Ordinance 09-05 also provides for storage of RVs in side or rear yards provided they are screened by a 6-foot high solid fence or wall. Inoperable vehicles, which are not addressed in the current regulations, may only be stored within an enclosed building as indicated in the new ordinance, and a definition of an inoperable vehicle is provided in the ordinance. Finally, the ordinance provides for violations to be dealt with through the Administrative Citation process that is currently utilized for violations of the Municipal Code and Zoning Ordinance. The Commission heard from several residents at the November and December hearings with requests to allow RVs and boats in driveways, and alongside driveways, in front yard areas. However, the Commission did not revise the ordinance to allow the requested parking. Written comments submitted by residents for Planning Commission consideration are included as an attachment (Attachment E). ENVIRONMENTAL ANALYSIS: Pursuant to the CEQA process, this ordinance is exempt from further environmental review under the California Environmental Quality Act ("CEQA") (Cal. Pub. Resources Code, §§ 21000) and its implementing regulations because the proposed amendment is not a 'project' within the meaning of CEQA Regulations section 15378(b)(2) in that it is merely general policy or procedure making and because the ordinance is exempt from Page 2 of 3 further environmental review pursuant to CEQA Regulations section 15061(b)(3) based on the fact that the ordinance is within the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment and it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment. FISCAL IMPACT: None to the City. The improved regulations contained in the ordinance will eliminate grey areas and reduce time and confusion for residents and staff, and provide for citations and fines to offset Code Enforcement staff costs to the City. ATTACHMENTS: A. Ordinance No. 09-05 B. Existing Regulations From Zoning Ordinance (Article 15, Off -Street Parking) C. Planning Commission Resolution No. 08-30 of January 15, 2009 D. Planning Commission Staff Reports of November 13, 2008, December 11, 2008, and January 15, 2009 E. Written comments submitted by members of the public F. Presentation To The Planning Commission — Relative To Recreational Vehicle Parking, December 11, 2008, prepared by Code Enforcement Manager Ron Dye Page 3 of 3 Attachment "A" ORDINANCE NO. 09-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO AMENDING ARTICLE 15, SECTION 15.01 PERTAINING TO THE TEMPORARY PARKING OF RECREATIONAL, INOPERABLE, AND OTHER VEHICLES WHEREAS, the City of San Jacinto ("City") is authorized by California Constitution, Article XI, Section 7 to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, Government Code section 65850, subd. (d) permits local authorities, by ordinance or resolution, to establish requirements for offstreet parking and loading; and WHEREAS, the City Council has determined that a period of two three days (72 hours within any consecutive 120-hour period) is a more reasonable amount of time to allow for recreational vehicles (RVs) to be temporarily parked in the driveway of any residential property; and (Revised by Planning Commission 12-11-08) WHEREAS, the City Council has determined that the unrestricted parking and storage of inoperable vehicles creates visual blight in neighborhoods and is thus undesirable. THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES ORDAIN AS FOLLOWS: Section 1. The City Council hereby adopts the recitals of this Ordinance as true and correct and such recitals are hereby incorporated by reference as though fully set forth in the text of this Ordinance. Section 2. San Jacinto Zoning Ordinance Article 15, Section 15.01, Subsection G shall be amended to read as follows: "G. Parking and Storage of Vehicles. Includes Recreational Vehicles (RVs), Commercial Vehicles, Utility Trailers, Tractors and Wrecked, Junked or Inoperable Vehicles. Except where permitted elsewhere in Ordinance No. 340, the parking or storage of RVs (including, without limitation, boats, motor homes, travel trailers, campers, camper shells, and similar vehicles), commercial vehicles (including, without limitation, trucks and vans as defined in Section F above), utility trailers, tractors, or wrecked, junked, non- registered, or inoperable vehicles, in the areas designated as required 1 parking or within the required front yard of any residential property is strictly prohibited, except as follows: 1. RVs may be parked in the driveway (said RV shall not extend over the right-of-way) for up to a total of forty eight (48) seventy-two (72) hours within any consecutive 120-hour period for the purpose of loading and unloading the RV and for light maintenance and repair. Upon the expiration of forty eight (18) seventy-two (72) hours, should the RV not have been moved to a location as provided in subsection 3 below or a distance of at least three hundred (300) feet, the RV shall not be considered as having been moved and will be in violation of this section. Such vehicles shall not be used for living, sleeping, or housekeeping purposes. (Revised by Planning Commission 12-11-08) 2. Agricultural or farming tractors may be temporarily parked in the front yard of parcels whose main use is agricultural in nature. 3. RVs may be stored in side or rear yards of any residential property provided they are screened to a height of six (6) feet by a solid fence or wall constructed to approved City standards. Motorized RVs must be stored on an improved surface of concrete or other material as approved by the Community Development Department. Inoperable vehicles may be stored in an enclosed building on any residential property provided they are constructed to approved City standards as approved by the Community Development Department. An inoperable vehicle is defined as "any car, truck, motorcycle, trailer, boat or vessel, motor home or other conveyance intended to be used on public roadways or waterways that cannot legally and safely be operated on such public roadways or waterways; or any off -road vehicle that cannot be operated on or off public roadways. A "certificate of non -operation" issued by the California Department of Motor Vehicles relates only to the registration fees due and has no bearing on the operable status of any vehicle or vessel". 5. Violations of this subsection may, in addition to any other remedies available to the City, be addressed through the Administrative Citation process, with an abatement period of not less than one (1) and no more than three (3) days permitted for correction." Section 3. Severability. Should any provision, section, paragraph, sentence or word of this chapter be determined or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive 2 legislation, the remaining provisions, sections, paragraphs, sentences or words of this chapter shall remain in full force and effect. Section 4. CEQA. Pursuant to the CEQA process, this ordinance is exempt from further environmental review under the California Environmental Quality Act ("CEQA") (Cal. Pub. Resources Code, §§ 21000) and its implementing regulations because the proposed amendment is not a 'project' within the meaning of CEQA Regulations section 15378(b)(2) in that it is merely general policy or procedure making and because the ordinance is exempt from further environmental review pursuant to CEQA Regulations section 15061(b)(3) based on the fact that the ordinance is within the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment and it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment. Therefore, staff will file a Notice of Exemption with the County within 3 working days of the adoption of this ordinance. Section 5. Effective Date. This ordinance shall take effect and be in full force on the 30th day from and after its second reading. Introduced at a regular meeting of said City Council on the 5th day of February, 2009, by the following vote: MOVED, PASSED, AND ADOPTED at a regular meeting of the City Council on the 19th day of February, 2009 by the following vote: Ayes: Nays: Absent: Abstain: ATTEST: Dorothy L. Chouinard, City Clerk City of San Jacinto By Dale Stubblefield, Mayor 3 Attachment "B" EXISTING REGULATIONS FROM ZONING ORDINANCE ARTICLE 15 OFF-STREET PARKING G. Parking and Storage of Vehicles. Includes Recreational Vehicles, Commercial Vehicles, Utility Trailers, Tractors and Wrecked, Junked or Inoperable Vehicles. Except where permitted elsewhere in Ordinance No. 340, the parking and/or storage of recreational vehicles (boats, motor -homes, travel trailers, campers and camper shells), commercial vehicles (trucks and vans as defined in Section F above), utility trailers, tractors and/or wrecked, junked or inoperable vehicles in the areas designated as required parking or within the required front yard of any residentially zoned parcel is strictly prohibited except as follows: 1. Recreational vehicles (RV) may be temporarily parked in the driveway (said RV shall not extend over the right of way) for up to 72 consecutive hours. 2. Except as noted below, such vehicles shall not be used for living, sleeping or housekeeping purposes. 3. Temporary Parking. Except when prohibited by other regulations, one RV may be parked in the driveway, provided it does not cross the property line, to accommodate a visiting guest, provided the RV belongs to the guest. The maximum length of stay allowed is 7 days. No person shall permit the parking of RV's in a manner which results in the repetitive use of this provision. 4. Tractors may be temporarily parked in the front yard of parcels whose main use is agriculture in nature. Exception: Where the parking of the above described vehicles creates a public safety issue, no citation shall be issued under this subsection without prior written three (3) day notice posted on the vehicle and mailed to the property occupant via certified mail or personally served to the property occupant. 4T7PC ,n JT RESOLUTION NO. 08-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JACINTO, CALIFORNIA, RECOMMENDING APPROVAL OF ZONING ORDINANCE AMENDMENT NO. 02-08 AND ORDINANCE NO. , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO AMENDING ZONING ORDINANCE ARTICLE 15, SECTION 15.01, PERTAINING TO THE TEMPORARY PARKING OF RECREATIONAL, INOPERABLE, AND OTHER VEHICLES. WHEREAS, the City of San Jacinto ("City") is authorized by California Constitution, Article XI, Section 7 to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, Government Code section 65850, subd. (d) permits local authorities, by ordinance or resolution, to establish requirements for offstreet parking and loading; and WHEREAS, the Planning Commission has determined that a period of two days is a more reasonable amount of time to allow for recreational vehicles (RVs) to be temporarily parked in the driveway of any residential property; and WHEREAS, the Planning Commission has determined that the unrestricted parking and storage of inoperable vehicles creates visual blight in neighborhoods and is thus undesirable; and WHEREAS, based upon the substantial evidence presented to the Planning Commission during the public hearing and upon the specific findings set forth in the paragraphs above, the Planning Commission hereby concludes as follows: a. That the proposed Ordinance Amendment will provide for appropriate land uses of residential property; and b. That the proposed Ordinance Amendment would not have significant impacts on the environment nor the surrounding properties; and c. That the proposed Ordinance Amendment is consistent with the objectives of the Zoning Ordinance; and d. That the proposed Ordinance Amendment is in conformance with the General Plan; and e. That the proposed Ordinance Amendment promotes the public health, safety and welfare of the community. WHEREAS, the amendment was reviewed, studied, and found to comply with the California Environmental Quality Act ("CEQA") as more fully described below; and WHEREAS, on January 15, 2009, the Planning Commission ("Commission") of the City of San Jacinto conducted a duly noticed public hearing on the Application at which time all persons wishing to testify in connection with the Application were heard and the Application was comprehensively reviewed; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SAN JACINTO RESOLVES AS FOLLOWS: SECTION 1. Based on the entire record before the Commission, all written and oral evidence presented to the Commission, and the findings set forth in this Resolution, the Commission recommends the City Council of the City of San Jacinto approve the aforementioned Zoning Ordinance Amendment as described in the attached Ordinance No. SECTION 2. Based on the entire record before the Commission and all written and oral evidence presented to the Commission, the Commission finds the Zoning Ordinance Amendment is consistent with the General Plan of the City of San Jacinto. SECTION 3. Based on the entire record before the Commission and all written and oral evidence presented to the Commission, the Commission finds the Zoning Ordinance Amendment is reasonably related to the public health, safety and welfare of the community. SECTION 4. Based on the entire record before the Commission and all written and oral evidence presented to the Commission, the Commission finds the Zoning Ordinance Amendment complies with the CEQA for the following reasons: The proposed Zoning Ordinance Amendment is exempt from further environmental review under the California Environmental Quality Act ("CEQA") (Cal. Pub. Resources Code, §§ 21000) and its implementing regulations because the proposed amendment is not a 'project' within the meaning of CEQA Regulations section 15378(b)(2) in that it is merely general policy or procedure making and because the ordinance is exempt from further environmental review pursuant to CEQA Regulations section 15061(b)(3) based on the fact that the ordinance is within the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment and it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment. PASSED, APPROVED AND ADOPTED, this 15th day of January, 2009. Planning Commission Chairperson ATTEST: Planning Commission Secretary irrTtICHIVEAJT ITEM 6.4 STAFF REPORT TO: Honorable Chairman and Members of the Planning Commission FROM: Asher Hartel, AICP, Planning Director DATE: November 13, 2008 SUBJECT: Zoning Ordinance Amendment 02-08; Recreational and Inoperable Vehicle Parking Ordinance Applicant: City of San Jacinto 595 S. San Jacinto Avenue San Jacinto, CA 92583 RECOMMENDATION: Staff recommends that the Planning Commission: Adopt Resolution No. 08-30 recommending that the City Council approve Zoning Ordinance Amendment 02-08, as indicated in the attached Ordinance No. PROPOSAL An amendment to Article 15 of the Zoning Ordinance to amend the City's regulations regarding the temporary parking of recreational, inoperable, and other vehicles. EXHIBITS: • Ordinance No. • Planning Commission Resolution ENVIRONMENTAL ANALYSIS Pursuant to the CEQA process, this ordinance is exempt from further environmental review under the California Environmental Quality Act ("CEQA") (Cal. Pub. Resources Code, §§ 21000) and its implementing regulations because the proposed amendment is not a 'project' within the meaning of CEQA Regulations section 15378(b)(2) in that it is merely general policy or procedure making and because the ordinance is exempt from further environmental review pursuant to CEQA Regulations section 15061(b)(3) based PLANNING COMMISSION November 13, 2008 PAGE NO. 1 on the fact that the ordinance is within the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment and it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment. BACKGROUND The City of San Jacinto has been experiencing problems with the parking of recreational vehicles (RVs) and inoperable vehicles in driveways and front yards. The intent of the attached Ordinance is to reinforce the City's Zoning Ordinance by amending Article 15 (Off -Street Parking) to better define the limitations of parking these types of vehicles on residential properties. DISCUSSION The Ordinance The intent of the attached draft ordinance is to add language to the Zoning Ordinance to eliminate confusion and better define limitations on parking in residential areas. The ordinance allows the temporary parking of RVs in driveways for 48 hours for loading, unloading, and light maintenance, and prohibits living and sleeping in the RV. The ordinance also provides for storage of RVs in side or rear yards provided they are screened by a 6-foot high solid fence or wall. Inoperable vehicles may only be stored within an enclosed building, and a definition of an inoperable vehicle is provided in the ordinance. Finally, the ordinance provides for violations to be dealt with through the Administrative Citation process that is currently utilized for violations of the Municipal Code and Zoning Ordinance. Regarding the limitation on the storage of inoperable vehicles, staff initially had discussions that considered allowing storage in side and rear yards on paved surfaces. However, the problem of establishing limits on how many vehicles could be accommodated on a residential lot, how much paving would be allowed, and the prospect of side and back yards turning into salvage or junk yards led staff to recommend that inoperable vehicles should only be allowed within an enclosed building in order to minimize the storage of these vehicles. The Planning Commission may wish to explore other alternatives to allow the storage of inoperable vehicles. On October 23, 2008, the City received comments and suggestions from Ms. Susan Smullen, Golden Crest Neighborhood Representative, and a San Jacinto resident recommending that the City take into consideration revising the section related to boat parking. Her proposed language is attached for the Commission's review. PLANNING COMMISSION November 13, 2008 PAGE NO. 2 ITEM 5.1 STAFF REPORT TO: Honorable Chairman and Members of the Planning Commission FROM: Asher Hartel, AICP, Planning Director DATE: December 11, 2008 SUBJECT: Zoning Ordinance Amendment 02-08; Recreational and Inoperable Vehicle Parking Ordinance Applicant: City of San Jacinto 595 S. San Jacinto Avenue San Jacinto, CA 92583 RECOMMENDATION: Staff recommends that the Planning Commission: Adopt Resolution No. 08-30 recommending that the City Council approve Zoning Ordinance Amendment 02-08, as indicated in the attached Ordinance No. . BACKGROUND: This item was continued to December 11, 2008 from the initial Planning Commission hearing on November 13, 2008. The Commission requested that staff provide the following at the next meeting: • A copy of the existing ordinance so that it could be compared to the proposed ordinance. • More information and justification for the reduction of time for RV parking in driveways from the current 72 hours to the proposed 48 hours. • A representative from Code Enforcement to attend the next meeting to discuss the proposed ordinance, provide examples of citations, photos, and be available for questions from the Commission. • Information on how other cities handle this issue. PROPOSAL: An amendment to Article 15 of the Zoning Ordinance to amend the City's regulations regarding the temporary parking of recreational, inoperable, and other vehicles. PLANNING COMMISSION December 11, 2008 PAGE NO. 1 EXHIBITS: • Ordinance No. • Planning Commission Resolution • Existing Ordinance (Article 15, Off -Street Parking) • Planning Commission staff report of November 13, 2008 ENVIRONMENTAL ANALYSIS Pursuant to the CEQA process, this ordinance is exempt from further environmental review under the California Environmental Quality Act ("CEQA") (Cal. Pub. Resources Code, §§ 21000) and its implementing regulations because the proposed amendment is not a 'project' within the meaning of CEQA Regulations section 15378(b)(2) in that it is merely general policy or procedure making and because the ordinance is exempt from further environmental review pursuant to CEQA Regulations section 15061(b)(3) based on the fact that the ordinance is within the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment and it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment. DISCUSSION Per the Commission's request at the initial hearing on November 13, 2008, a copy of the existing ordinance is attached for comparison with the proposed ordinance (see Exhibit titled: ARTICLE 15 OFF-STREET PARKING). Regarding the Commission's other comments and requests listed above, Code Enforcement is assembling materials to present at the December 11, 2008 continued hearing. The Code Enforcement Manager will be attending to give an overview of the process on this issue, and will be available for discussion and questions. PLANNING COMMISSION December 11, 2008 PAGE NO. 2 ITEM 6.1 STAFF REPORT TO: Honorable Chairman and Members of the Planning Commission FROM: Asher Hartel, AICP, Planning Director DATE: January 15, 2009 SUBJECT: Zoning Ordinance Amendment 02-08; Recreational and Inoperable Vehicle Parking Ordinance Applicant: City of San Jacinto 595 S. San Jacinto Avenue San Jacinto, CA 92583 RECOMMENDATION: Staff recommends that the Planning Commission: Adopt Resolution No. 08-30 recommending that the City Council approve Zoning Ordinance Amendment 02-08, as indicated in the attached Ordinance No. , which includes the modifications made by the Planning Commission on December 11, 2008. BACKGROUND/ DISCUSSION: This item was continued to December 11, 2008 from the initial Planning Commission hearing on November 13, 2008. On December 11, 2008, the Commission recommended the Ordinance to the City Council with modifications to one section. The modifications consisted of changing a provision limiting the parking of RVs in driveways from 48 hours to 72 hours within any consecutive 120-hour period. This modification has been made by staff, and the revised ordinance is attached. Staff is bringing the ordinance back to the Commission because the wrong version of the ordinance was attached to the staff report for the December 11, 2008 hearing. The correct version is attached, which includes the modifications to Section 2 of the ordinance regarding the parking of RVs in driveways. PLANNING COMMISSION January 15, 2009 PAGE NO. 1 PROPOSAL: An amendment to Article 15 of the Zoning Ordinance to amend the City's regulations regarding the temporary parking of recreational, inoperable, and other vehicles. EXHIBITS: • Ordinance No. • Planning Commission Resolution • Existing Ordinance (Article 15, Off -Street Parking) • Planning Commission staff report of November 13, 2008 • Planning Commission staff report of December 11, 2008 ENVIRONMENTAL ANALYSIS Pursuant to the CEQA process, this ordinance is exempt from further environmental review under the California Environmental Quality Act ("CEQA") (Cal. Pub. Resources Code, §§ 21000) and its implementing regulations because the proposed amendment is not a 'project' within the meaning of CEQA Regulations section 15378(b)(2) in that it is merely general policy or procedure making and because the ordinance is exempt from further environmental review pursuant to CEQA Regulations section 15061(b)(3) based on the fact that the ordinance is within the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment and it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment. PLANNING COMMISSION January 15, 2009 PAGE NO. 2 ,'fT,1C1ieir .1 October 23`d, 2008 Dear City Council, Neighbors moved into the homes in San Jacinto because they were told, by the builders, that the homes were boat and RV accessible. There has been an on going dispute regarding boats. We understood that if they were parked on cement, not grass or dirt, it was ok. Now, 3 years later, we are getting notices that they can not be in the front at all. 20% of the homes in our tract are empty. We pay "special taxes" to the tune of $1,000 to $2,000 EXTRA on top of the county taxes. Now the city is going after the remaining, hard working homeowners, who take care of their property, because they have a boat on cement, covered and hardly in view? We are making the following suggestion on allowing boats: 1. If the boat is parked on cement, not grass or dirt. 2. If the boat is not taller than an SUV (blocking visibility). Sincerely, Susan Smullen Golden Crest Neighborhood Representative December 10, 2008 Re: December llth, 2008 meeting; Item 5.1 Dear Planning Commission, I am sorry that I am unable to attend the meeting on December 11th, 2008. Thank you for taking the time to continue the discussion on the parking of boats. Once again I am hoping that we can come to a mutual agreement on boat parking. One suggestion that came from our homeowners is to have special permits for boat owners who have their boat covered and parked on concrete. Since blight is a concern for the city this should be acceptable. Since you are in the process of making changes to Zoning Ordinance Article 15, Section 15.01 Subsection G, we would like you to add number 6 regarding boats. 6. Boats must have a special parking permit from the city. Boats and boat trailers will be parked with -in the property boundaries, not protruding onto any public sidewalk or street. Boats must be parked on concrete or other hard surface. Boats must not be abandoned or left in a state of disrepair. Boats must be properly registered and can not pose a safety hazard. I have enclosed a sample of what the special parking permit could be. Thank you again for taking the time to discuss this issue with us. Sincerely! Susan Smullen Goldencrest Neighborhood Watch Coordinator 117 Tradewinds Lane San Jacinto, Ca 92583 BOAT PARKING PERMIT City of San Jacinto 1595 S San Jacinto Ave I San Jacinto CA 92583 1951.487.7330 I fax 951.654.9896 Name of Applicant FOR OFFICE USE Permit No. Address Telephone of Applicant [ ] Verified by: Receipt No. Signature of Applicant: Date: • Permit is only valid for the above address, where boat is parked. Permit is non- transferable. • A picture of the boat, in its parked area, must accompany this application. The city has the right to verify. • Applicant must follow the Zoning Ordinance Article 15, Section 15.01 Subsection G, Number 6. The City of San Jacinto has issued a boat parking permit Name located at on Address Date Permit No. Authorized Signature PETITION FOR BOAT / BOAT TRAILER PARKING Due to the current economic conditions that people are facing, many cannot afford to keep their boats stored off -site or at slips. We are requesting that an amendment be made to Article 15: Off- street parking, 15.01 General provisions, article G. To allow boat and boat trailer parking at citizens personal residences, with the following restrictions: 1. Boats and boat trailers will be parked totally with -in the property boundaries. 2. Will not hang over or protrude onto any city sidewalk or street. 3. Will be parked on concrete or other hard surface and not on grass. 4. Will not create any health or safety hazard. 5. Will not be abandoned or left in a state of disrepair. 6. Parking will not be allowed in any association community that has current CC&R's that have existing restrictions defining boat parking. ECONOMIC WOES: As the number of abandoned vessels soars a growing pollution problem is left behind. BY MALIA WOLLAN THE ASSOCIATED PRESS SAN FRANCISCO — From South- ern California to Maine; the foundering economy, high fuel prices and poor fishing have driven boat owners to abandon perhaps thousands of vessels on the waterfront, where they are beginning to break up and sink, leaking oil and other pol- lutants. Tif ASSOCIATED PRESS Boats have long been a ba- An abandoned commercial vessel sits in Fisherman's Cut near Bethel rometer of , consumer confl •lsland,Galifornia spends about $500,000 a year removing deserted dence, disposable income and recreational boats, but.has`no money to remove commercial boats; the overall state of the economy. E Now, marina and harbor offs food on the table or paying the mium, lead, mercury and other cials are reporting -'a, sudden,,:.' boat slip fee, it's the boat that toxic chemicals, and as a vessel increase,la,the pastyear in th e goes a deteriorates, the coating flakes number of`deserted °'pleasure Unlike cars; wooden and Pi; off and settles on the seafloor or boats and working vessels. berglas boats have virtually no "river bottom, where fish swal- In Antioch, u town' about 45 scrap value. So rather than pay low it, Choksi said. miles east of San Francisco, the high cost of hauling their. Government officials and en - harbormaster John Cruger- boats to the dump, people ditch . vironmental groups are calling Hansen showed up at his,mari- them or sell them for as little as ' for more programs and funding na one day last spring to find the $1 to anyone who will take them. to prevent and clean ` up the. horizon changed overnight. On: The boats often breakup and go junkyard flotillas. the San Joaquin River, he saw under, or'pass into the un- But removing just one sunken an old crane, a rusted barge, a ; derground economy of night- sailboat can cost upwards of tugboat and an assortment of time scuttlers=,who, for a fee, $12,000, and taking away larger other junked boats, all of which remove traceable identification commergial vessels is even had been hauled in and left numbers, strip out salvageable more expensive. illegally. items and sink the vessels. With nearly a million regis- "Boating is 'a pure luxury and, "Oil, gasoline and sewage tered boats, California the one of the first things to go from these boats leak into the second-largest boating state be - when the economy turns aquatic environment," said Se- hind Florida spends about south," said Cruger-Hansen, jal Choksi, program director at $500,000 each year removing who expects to see more aban- San Francisco Baykeeper, an deserted recreational boats. doned boats by year's end. "If it .:environmental organization. The state has no money to comes to the nnint of rn,ttin i Rnat mint nftmn nnntoino nh,.n .» .. ____ ---1-1 unless they are leaking oil or blocking a navigation channel, the CoastGuard is not required to take them away. "At the state and federal level' something needs to be done with these derelict commercial, vessels. They just sit there, falling apart," said Contra Costa County sheriffs Sgt. Doug Pow ell, who patrols the mouth of the San Joaquin -Sacramento River Delta. Nearly 30 decaying tug- boats, fishing boats, cranes and barges make up the aquatic junkyard in Powell's county. High fuel prices and several.' disastrous years in the nation's fishing industry have led fisher- men to desert salmon boats in Washington state, crab boats in Maryland, trawlers in Oregon and lobster boats in Florida In recent months, an increas- ing number of powerboat and sailboat owners have been fail- ing to pay their slip fees, accord- ing to Randy Short, chief exec utive of Almar Management Inc., a company with 16 luxury marinas in California and Ha= waif. " When the payments are 40 days delinquent, the marina chains the boat to the dock. Recently, a boat owner in one of Short's Southern California ma- rinas disappeared, leaving be- hind a $200,000 boat and, no contact information. "People get financially up- side-down and ditch their boats," Short said, "and you can just forget trying to sell a power boat right now. No one is buy-. 71 PESENTATION TO T E PLANNING COMMISSION ELATIVE TO ' EC ' EATI I NAL VE ICLE PARKING December 11, 2008 TATI`I I T A ISSI I I F T E CITY I F SA JACI T ELATIVE T I ' EC ':EATIONAL VE ICLE PA :' KING December 11, 2008 • Opening Comments • Code Enforcement Philosophy • Code Enforcement Procedures Relative to Vehicle Parking • Current Vehicle Requirements • Proposed Changes to the Zoning Code IE05300C Reaser RF Justification Introduction Site ID: IE05300C Site Name : Reaser Site Address: 1531 Mountain Ave., San Jacinto 92544 Site Type : Infill. Site is required for areas that have poor signal strength or no coverage at all. Coverage Objective: This site will enhance the coverage for the growing residential communities surrounding the intersection of Ramona Expressway and Esplanade Ave, in the city of San Jacinto. Terrain: Flat. Introduction The FCC license required T-Mobile to build a wireless network that will provide the customers with the best possible network performance. The network performance goals include providing the best quality, lowest level of blocking, easy access to the network and continuous drop -free connections. The site will operate below the radio frequency emission limits set forth by the Federal Communication Commission. This site will also be fully compliant with all federal, state and local mandates. About Location The referenced site will most greatly benefit the surrounding residential areas. Additional improvement and better cell site handoffs. It will serve an area that is presently covered by a very weak signal strength level that results in high number of dropped calls, excessive interference and at times inability to connect a call. Proposed candidate is a mono elm. This mono elm (60 ft) is tall enough to clear the surrounding building; . It's a good candidate from RF perspective based on height, location and ability to design a macro site. A macro site is defined as wireless facility which provides high capacity and coverage for a large area. Introduction About Design T-Mobile proposal is a faux mono elm antenna installation in a three sector site. This design is effective at camouflaging the antennas and getting a full antenna array (4 per sector) which it's needed to expand capacity in future. Capacity is the maximum number of voice calls or data traffic that a particular wireless facility can handle; Each wireless facility can only handle a finite amount of traffic at a given time. Capacity is based on the number of radio transmitters and number of antennas; the more radio transmitters and antennas the larger capacity the site has to handle more traffic. Alternate Options -Light Poles - Light poles are sometimes an option for a carrier solution but they have certain limitations, e.g.. Available height, number of antennas, equipment location. Light poles located in this area were not consider as an option for T-Mobile for the following reasons: •More than one light pole design will be needed to match the coverage footprint of 1 macro cell. •Light poles limited the use of micro cells equipment only. •Light poles are height limited (25ft); Antenna radiation center would be as low as 22ft Introduction 'Light poles limit the number of antennas to use. One antenna per sector only versus four antennas per sector in a Macro Site. 'Additional equipment will need to be placed on the right-of-way (Vault for micro cell cabinet, meter pedestal, splice vault, vent stacks). See figure "Light pole will need to be replaced for a wider diameter pole to allow cable routing from vault to antennas. Micro Cell Equipment "Micro cell is a single unit that can be used indoors or outdoors; It typically has a focused coverage objective that offer capacity improvements for existing, adjacent wireless facilities, e.g. private and governmental office buildings, stadium and airports. .Due to its very low power output more than one micro cell is required to provide the amount of coverage provided by a single —structure wireless facility. "Due to its limited size they can house one transmitter per cabinet which limits the amount of voice calls and data traffic to handle at a given time. Typical Light Pole Design FRONT RBS 2106 PEDESTAL (INSIDE MEV) Al% 116. Th1.j RADOME SCALE NJ.S. 6 0 0 .5At4,;310,p4/11 12011. r'LAIL di. 5' IC • In 211, NV (4) CLEMENCE 4-111; Dcl 1301,4,L=2 Met 1111011,01. MAO te MOW .11MI C.10. 1V11 . *NA fx• twr xmola 10.1t 11.1.11. Int A r...• AA,A, taw i,14. toe o-A. moo* *Ai .1.111.11.11.14111.11111at. craill.111111,...0141 A' Att1 ISIC) l 1/2101X Ar Ulm 0.0t • a a rre' YOH 31026 KILL Aall'ai jwitaliE ..at 0 ST 133211 C402010 FACTS Amtr,11 10720 risTaut. 1,0117 Ft7,f7A,' v 4 4 4,444 .12).3r 11.000LE Mk_ L. scx 1130.11 3 ¶aftu rr A'rrt,,ijr1A1,11.61,3;".11,0111,01r lc 0411 FUJV 4-3I 3S1m, A7o 1 -41 21W32 LA 411-1(4- 0 12 11/1° 130C1f, 'PTO& FANSF NAT 1-1.01,1. COWL Sill. W 17410 0 424 118'10 55 *Light Pole designs require extra space in the right of way for equipment vault, meter pedestal, vents, splice vault *Light Poles are height limited and allow one antenna per sector only. *Light Poles are associated with micro cell equipment; more t-ian one light pole design will be needed in this area. 0 Satellite Image showing site location and existing T-Mobile sites Target Area demonstrated by area within circled area 911 Calls Statistics ,74 • 1,.434 'O. -an-Jacinto 369 et- Ryan Al rp 274 • 160 88 0-East Heme 31 Emergency Calls are routed to Dispatci Call Center E911 (Enhanced 911) service allows emergency services to locate mobile users when service is requested. Red Dots are the existing sites and the numbers associated with it are the 911 calls made on that site for the past 90 days. jiqiqx� e r jev / Centerline.shp Parcel_assessor_view.shp Clines.shp Parcels.shp A C-1 C-2 C-M City Well D-C D-R EMWD FI—t Fire Station M-1 M-I-P MWD Open Space Park I Park Hill R-1 R-1 15,000 R-1 20,000 R-1 PUD R-2 R-2 PUD R-3 R-3 PUD R-P R-T RAAB Rancho San Jacin S-D SP 1-01 SP 1-02 SP 1-03 SP 1-85 SP 1-91 School IFFIt W-2 MIR AGENDA - TRANSMITTAL FORM TO: Dorothy L. Chouinard, City Clerk Enclosure: Staff Report for Y,QW Consent Calendar Item EC- pc or RDA] — brief description) meeting of ©Z Public Hearing Item: Notice required yes no Copy attached yes no Published (date(s)) Notices sent (date(s) _ City Departments Item Attachments include (this needs to match the attachment list in the Staff Report: A. B. C. Other: Please provide a fully executed copy of documents to: _ Please record and return conformed copy Your IMMEDIATE attention is necessary Comments: (date) Name of person that will be presenting item at the meeting DATE: ' [Nam or Initials], [Title] S:\City Clerk\CC RPT 06\AGENDA Transmittal Form.doc Page 1 of 2 Dorothy Chouinard From: Barry McClellan Sent: Tuesday, January 20, 2009 9:44 AM To: Dale Stubblefield Cc: Dorothy Chouinard; Tim Hults Subject: Re: SJ CHAMBER Dale, Yes we did. I will ask Dorothy to have that on the Feb 5 agenda. Sorry. Barry From: Dale Stubblefield To: Barry McClellan Sent: Tue Jan 20 08:57:18 2009 Subject: FW: SJ CHAMBER Barry: I thought we were going to add something to the agenda to add Potts the Chamber liaison subcommittee. If we missed it, perhaps we can add it to the next agenda. Dale Stubblefield JDS Planning I 1227 De Anza Drive San Jacinto, CA 92582 Office+ (951) 880-3381 Fax+ (951) 654-6819 E-mail+ dale@jdsplanning.com Website+ wwwjdsplanning.com border jds planning small From: Nancy Ayres [mailto:nancyayres2@verizon.net] Sent: Monday, January 19, 2009 10:22 PM To: dale@jdsplanning.com Subject: SJ CHAMBER HELLO: SO, I AM TRYING TO GET A FEW THINGS FIGURED OUT - ARE YOU OR IS IT JIM POTTS - THE REPRESENTATIVE TO THE SAN JACINTO CHAMBER - BECAUSE WHOEVER IT IS I WOULD LIKE TO HAVE THAT NEW CHAMBER BOARD APPOINT THAT PERSON TO OUR BOARD OF DIRECTORS. 1/20/2009 AGENDA ITEM j 9: February 5, 2009 TO: The Honorable Mayor and Members of the City Council FROM: Dorothy Chouinard, City Clerk SUBJECT: Local Appointments List / Agency / Committee / Subcommittee / Appointments RECOMMENDATION: Staff recommends that the City Council, by motion: 1) Add agency to the Local Appointments' List — San Jacinto Chamber of Commerce; and clarifying "Chamber Liaison" under Economic Development to be "Hemet San Jacinto Chamber of Commerce Chamber Liaison." 2) Consider Mayor's selection to appoint Council Member Jim Potts to the San Jacinto Chamber of Commerce as a new agency appointment on the Local Appointments List with confirmation by council. 3) Consider Mayor's selection of and absent unanimous consent, approve by majority vote the desired designee. BACKGROUND: Subcommittee and agency representatives' appointments are made annually. Historically, at the second meeting in December the mayoral appointments are made for 1) representatives to other agencies; and 2) city council subcommittees. December's second meeting was adjourned to January 8, 2009 and subsequently, the agenda appointments could not be made until the first meeting in 2009. DISCUSSION: The Sub -Committee for Economic Development includes the "Chamber Liaison," which meant the Hemet San Jacinto Chamber of Commerce. With the formation of the San Jacinto Chamber in early 2008, there is justification for having representation at both Chambers of Commerce. Page 1 of 2 ALTERNATIVES: 1) Approve staff recommendation 2) Take no action. FISCAL IMPACT: None ATTACHMENTS: • Motion from January 8, 2008 Minutes regarding Local Appointments List Page 2 of 2 City Council Minutes January 8, 2009 Page 12 of 19 with the information to check if the plates or car is wanted and that BOS server uploads three times per day. The data is stored in the BOS servers for any range of one day to an indefinite time. Councilmember Di Memmo asked when the information hits the DOJ and the DOJ responds, what happens if there is a lag in the information? Chris Robinson of PIPS Technology explained how this system works when they receive a hit. There is human intervention to make sure that the information is still accurate but there could potentially be a delay. Mayor Stubblefield stated that the new cameras are smaller and have upgraded technology. He was able to see one in action at the DUI checkpoint he attended and this is a valuable tool. 5.2 Local Appointments' List / a) Consider Mayor's selection to Local Appointments List with confirmation by council for the outside agencies; and b) Consider Mayor's selection of Standing Committees, and absent unanimous consent, approve by majority vote the desired slate / City Clerk Mayor Stubblefield read the Local Appointment List. Committee Name Included Titles/Subjects Representatives (where applicable 1st name is primary and 2nd name is alternate) City Beautification Neighborhood Cleanup; Code Enforcement; Operation Clean Sweep Mansperger, Stubblefield Community Outreach Stubblefield, Mansperger Drainage Flood Control; Levee; Drainage infrastructure & facilities Ayres, Stubblefield Economic Development CDBG, Chamber Liaison, VEDC Stubblefield, Mansperger Facility Naming Committee Stubblefield, Potts Franchises CR&R; Cable (Time Warner); Electric (SCE); Gas; Potts, Di Memmo Historic Preservation Estudillo Mansion Committee(s); Library; Ramona Pageant Committee, Mansperger, Di Memmo Homeless Blue Ribbon Committee for Homeless Shelter Location Potts, Di Memmo Land Use Predevelopment Committee; General Plan, Annexations & LAFCO Stubblefield, Mansperger Public Safety Police; Fire; Riverside County Disaster Committee; San Jacinto Disaster Response Committee Stubblefield, Ayres Selection Interview committee for Planning Commissioners & Estudillo Stubblefield, Ayres City Council Minutes January 8, 2009 Pacie 13 of 19 Mansion Committee, etc Special Events 4th of July Parade; Christmas Tree Lighting; Dedications; Groundbreakings, Ribbon Cuttings; Teen Gov't Day, Veterans' Day; etc Stubblefield, Ayres Transportation RCTC Potts, Ayres RTA Ayres, Mansperger Tribal Issues Ayres, Stubblefield Water EMWD Task Force, Ground Water; City Wells Potts, Di Memmo Western Riverside Council of Government & Western Riverside County Regional Conservation Authority (WRCOG — RCA) Mansperger, Stubblefield Southern California Association of Governments (SCAG) Mansperger, Stubblefield Vice Mayor Mansperger stated that it is important to show up to your assigned subcommittee meetings. He also made a motion to approve Mayor Stubblefield's Subcommittee selections as presented. The motion died for lack of a second. Councilmember Di Memmo stated that Mayor Stubblefield and Councilmember Ayres have been on the Public Safety Sub -Committee since 2001 and 2003 respectively. He believes it is time for someone else to have some input on the public safety issue. He would like to attend the Public Safety Sub - Committee meetings, and if possible, make these meetings a special meeting so that he can keep his constituents informed. City Attorney Ballinger explained that the Brown Act does allow for other councilmember's to attend the Sub -Committee meetings, but then it becomes a meeting of the legislative body, basically a meeting of the city council. This would create a special meeting that has to be agendized at that point. Councilmember Ayres stated that every city council member can submit in writing any concerns they have to take to the subcommittee meeting. This group has worked hard to change the public safety perception in this city, whether it is the Sheriffs Department or the Fire Department. They are open to any suggestions or input from the public, staff or city council members. Mayor Stubblefield stated that they have always been open to suggestions and what helps is that they do not have law enforcement backgrounds and are open to all ideas. It has been an honor to serve on the Public Safety Sub - Committee. If they add a third person to the meeting, you might as well just have a city council meeting and he is not willing to do that. The idea of a sub- committee is to hash out the smaller issues and bring back recommendations to the city council. City Council Minutes January 8, 2009 Page 14 of 19 Councilmember Potts pointed out that subcommittee's don't take any action. Mayor Stubblefield concurred. Councilmember Di Memmo noted that the Public Safety Committee is not just law enforcement, it is fire, and there are fire hydrants that need to be tested. He will support the selection, but he does disagree with the committee selection and wants to attend the meetings. Vice Mayor Mansperger stated we cannot do away with the Public Safety Sub - Committee, it expedites the process. The city has representatives and they hammer out the details and bring them back to the city council. As a member of the city council, he will do what is asked and do that with a smile. Councilmember Di Memmo stated that he will accept and support Mayor Stubblefield's selections; however, he has documentation that Mayor Stubblefield and Councilmember Ayres have not allowed any other city council member on this committee since 2001. He wants to attend these meetings and believes it is his right to do so. Councilmember Ayres commented that at one time no one wanted to sit on the Public Safety Sub -Committee, and he stepped up to serve on that committee. The process works and if we change the process it would complicate things and jeopardize the city's safety. Mayor Stubblefield clarified that no member of council has "not let" another member sit on the Public Safety Sub -Committee. There have been four different mayors that have selected members for the Public Safety Sub - Committee. It is an important issue but the city has a strong track record of declining crime statistics and he is not willing to step down and shirk his responsibilities. Vice Mayor Mansperger stated he is concerned that if Councilmember Di Memmo goes to the Public Safety Sub -Committee meeting and is not respecting the process, then what is the purpose of having the Public Safety Sub -Committee meeting? If this is the case, then we should have the Public Safety Sub -Committee meeting during the city council meeting and keep everyone here until midnight. Councilmember Di Memmo stated that he believes that if he asks for the city manager to make it a special meeting, then it would not be a violation of the Brown Act. City Attorney Ballinger stated the meeting would have to be agendized as a full city council meeting. City Council Minutes January 8, 2009 Page 15 of 19 M/S/C (Mansperger / Potts) moved to approve the Local Appointments List as presented. Motion carried 5/0. Ayes: Ayres, Di Memmo, Mansperger, Potts, Stubblefield Nays: None Absent: None Abstain: None Consent Calendar items that were pulled: 3.4 Warrants and Disbursements — November 2008 Councilmember Di Memmo requested to pull this item. In looking at the warrants and contracts, he has found vendors that don't have contractor's licenses or have been suspended or revoked. He has pulled documentation to support his statement. He also stated that there is another vendor in which the city does not have a contract with, and the city has paid them over $100,000 dollars this year. He believes that the city needs to have contracts with businesses or people with the appropriate licenses and the licenses need to be verified. He has been advised by the city council, of what he can do instead of ratifying or approving the warrants, but everyone has already been paid. He then directed members of city council to go to page eleven of the warrants and referenced check number 87787. He stated that the city has been doing business with this company and the license has been suspended since 2007. When the bond expires, and the bond is not renewed, the license automatically goes into a suspension mode. He stated that the city needs to do business the right way. Councilmember Potts stated that the city council needs to verify the information that and then read from the back up material Councilmember Di Memo presented. Councilmember Di Memmo stated that City Manager McClellan has responded and addressed the issue. Councilmember Di Memmo also pointed out another vendor, on page five of the warrants, check number 87695; this vendor still does business with the city. This vendor did not have any workers compensation and City Manager McClellan, when advised of this, immediately responded to the company and the company did come into compliance. Vice Mayor Mansperger asked about workman's compensation and when it is checked? AGENDA - TRANSMITTAL FORM TO: Dorothy L. Chouinard, City Clerk Enclosure: Staff Report for CC Meeting of 2/5/09. [CC or RDA] request — Annual Wood Carving Show (name — brief description) X Consent Calendar Item _Public Hearing Item: Notice required yes no Copy attached yes no Published (date(s)) Notices sent (date(s) City Departments Item Attachments include (this needs to match the attachment list in the Staff Report: ■ Request from Bud Butler — Committee Chairman dated January 12, 2009 with banner prototype ■ ■ ■ ■ ■ ■ _ Please provide a fully executed copy of documents to: _ Please record and return conformed copy Your IMMEDIATE attention is necessary Comments: Name of person that will be presenting item at the meeting Asher DATE: 1/30/09 D. Clayton, Info Planner [Name or Initials], [Title] C:\Documents and Settings\dclayton\Desktop\AGENDA Transmittal Form.doc AGENDA ITEM 3. la February 5, 2009 TO: The Honorable Mayor and Members of the City Council FROM: David Clayton, Information Planner Via Asher Hartel, Planning Director SUBJECT: Banner request — Annual Wood Carving Show RECOMMENDATION: Staff recommends that the City Council, by motion, permit the hanging of a banner announcing the annual wood carving show at Valley -Wide Park. DISCUSSION: The Ramona — Country Carvers will be holding an event at Valley -Wide Sports and Recreational grounds to raise awareness and encourage young people to develop the hobby of wood carving and enhance their developmental skills and develop an appreciation for the arts. For 2009, the Ramona — Country Carvers is promoting the event at the Valley - Wide Sports and Recreation Park on March 14th and 15th. They would like to hang a banner announcing the event across San Jacinto Avenue from March 2nd to March 16th. The request included a check for $250 dollars to cover the cost to hang the banner. FISCAL IMPACT: The cost for staff to hang the banner is estimated at $250, which is relative to the staff time and equipment associated with the task. ATTACHMENTS: Request from Bud Butler — Committee Chairman dated January 12, 2009 with banner prototype Page 1 of 1 January 12, 2009 City of San Jacinto 595 S. San Jacinto Ave. San Jacinto, CA 92583 TO WHOM IT MAY CONCERN: This letter is to request the approval to place a banner 'x25') across San Jacinto Ave. for the two weeks of March 2 to March 16. This banner is to announce the annual carving show of the Ramona - Country Carvers at Valley Wide Sports and Recreational grounds in San Jacinto, on March 14th and 15th. The show is to encourage young people to develop a hobby that will enhance their developmental skills and develop an appreciation for the arts. Enclosed please find a check for $250.00 and a description of the banner. We thank you in advance for all your help and support. Sincerely, 2di Bud Butler Committee Chairman 951-766-4871 PS: Please advise me when you need to have the banner in hand and if you require attachment hardware. RAMONA COUNTRY CARVERS CCG #22 VALLEY -Will E SPORTS CENTER ill I ORME NE tiAll MEM, CI AGENDA ITEM 41 February 5, 2009 TO: Honorable Mayor and Members of the City Council FROM: Connie Rogers -Elmore, Interim Finance Director SUBJECT: Sewer Rate Change per EMWD — Urgency Ordinance No. 09-04 RECOMMENDATION Adopt Urgency Ordinance No. 09-04 to adjust the sewer rate imposed by Eastern Municipal Water District (EMWD) for the transmission, treatment and disposal of sewerage, and billed and collected by the City of San Jacinto, in accordance with the interagency agreement. The adjustment from $.584/day/edu ay/edu ($19.28/month) is effective January 7, 2009, and is _ _ r after February 7, 2009. BACKGROUND This matter continues from the City Councila9. On January 7, 2009, the EMWD Board of Directors adopt;` 52.17 increasing sewer rates for the transmission, treatment hich is billed and collected by the City of San Jacinto. Sewera • Ines is transmitted to EMWD for treatment and disposal. New rates are to be applied to billings on or after February 7, 2009. DISCUSSION The City was officially notified in a letter dated January 13, 2009, that the new EMWD rates were noticed per Prop 218 requirements and approved; and are to be applied to billings on or after February 7, 2009. An urgency ordinance is necessary to ensure that the City can meet its obligations under the Interagency Agreement and assure that collection and remittance of monies due EMWD are done timely. Sewer fees reflected on City billings include two separately charged components: 1) the City fee (residential fee of $4.64/commercial and industrial fees are based on a sliding scale); and 2) the EMWD pass -through fee for transmission, treatment and disposal. Therefore, a single-family residence will be billed a total of $23.92 per month ($4.64 + $19.28). Effective July 1, 2009, the City residential fee adjusts to $4.78 (per Ordinance 06- 12) for a total combined rate of $24.06. ALTERNATIVES 1) Adopt an urgency ordinance to accept EMWD sewer rates. 2) Decline to act and absorb additional EMWD costs. FISCAL IMPACT There is no budgetary impact if the ordinance is adopted to accept EMWD Sewer Rate changes. The increased sewer fee revenue authorized by this Ordinance will offset the increased sewer maintenance fee payable to EMWD. ATTACHMENTS Urgency Ordinance No. 09-04 EMWD Correspondence dated January 13, 2009 EMWD Resolution 3352.17 Page 1 of 1 City Manager: '..\ Finance Directo STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF SAN JACINTO) ORDINANCE NO: 09-04 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, ADJUSTING SEWER RATES TO COMPLY WITH AN INTERAGENCY AGREEMENT WITH EASTERN MUNICIPAL WATER DISTRICT WHEREAS, the City of San Jacinto ("City") delivers all waste and sewage collected through the City's collection system to Eastern Municipal Water District ("EMWD") facilities for treatment and disposal; and WHEREAS, the City and EMWD have entered into an Interagency Sewer Agreement ("Agreement") for the treatment and disposal of sewage; and WHEREAS, the Agreement requires the City to remit a monthly fee based upon active sewer connections in the City multiplied by a formula outlined in the Agreement; and WHEREAS, EMWD recently adopted Resolution No. 3352.17 to increase the required monthly fee to be paid under the Agreement: and WHEREAS, the City, pursuant to the terms of the Agreement, must also increase sewer fees it charges to customers in its service area to pay for the increased costs of conveyance, treatment and disposal charged by EMWD to the City; and WHEREAS, the City proposes to increase the sewer fees in accordance with California Health and Safety Code, Section 5471, in an amount that corresponds to the exact amount being charged by EMWD for conveyance, treatment and disposal of sewage in the San Jacinto service areas; and WHEREAS, the City Council finds, with respect to the revenue derived from the increased fees and charges, that 1) there is a reasonable relationship between the use of the fees and charges increased herein and the services for which they are imposed; and 2) the revenue derived from the increased fees and charges does not exceed the amount necessary to provide the services; and 3) the increased fees and charges shall not be used for any other purpose than that for which the fees and charges are imposed; and 4) the increased fees and charges do not exceed the proportional cost of the services attributable to each customer; and 5) the increase fees and charges are not levied for general governmental purposes; and WHEREAS, California Government Code Section 36937 imposes cities to adopt by fourth -fifths vote, an urgency ordinance, which is necessary for the immediate preservation of the public peace, health or safety. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY ORDAIN AS FOLLOWS: Section 1: Urgency Findings: The City Council hereby incorporates by reference the recitals of the Urgency Ordinance. The City Council also finds that this Urgency Ordinance is necessary to promote the immediate preservation of the public peace, health and safety by permitting the City to immediately charge increased sewer and sewage treatment User fees to comply with the terms and conditions of an interagency Sewer Agreement with EMWD, prevent breach of the Agreement and avoid disruptions in the sewer treatment service provided by EMWD to customer in the San Jacinto service area. Section 2: Increase Sewer Fee: A. In addition to the City of San Jacinto Sewer fee, the following sewer rates for the conveyance, treatment and disposal of sewage shall be charged to all customers in the City of San Jacinto service area, as shown on EMWD Resolution NO. 3352.17, attached hereto and incorporated hereby by this reference: $.634/day/edu ($19.28/mo) B. The increase fee shall be effective on January 7, 2009, and shall be applied to any billing on or after February 7, 2009. Section 3: The City Council hereby finds and determines that it can be seen with certainty that there is no possibility that this Ordinance may have a significant adverse effect on the environment. Thus, the adoption of this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 21080(b) (8) and Section 15273 of CEQA Guidelines. Section 4: This Urgency Ordinance was adopted by the necessary four -fifths vote of the member of the City Council pursuant to Government Code § 36934 and § 36937 and shall take effect immediately upon its adoption. Section 5: The City Clerk shall certify the adoption of this ordinance and cause the same to be published in a newspaper of general circulation printed and published in the County of Riverside, State of California. 2 APPROVED AND ADOPTED by the City Council of the City of San Jacinto on this 5th day of February 2009 by _ vote. Ayes: Nays: Absent: Abstain: Attest: Dorothy L. Chouinard, City Clerk City of San Jacinto: Dale Stubblefield, Mayor CERTIFICATION STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF SAN JACINTO) I, Dorothy L. Chouinard duly appointed City Clerk of the City of San Jacinto; do hereby certify that the foregoing Ordinance No. 09-04 was duly adopted at a regular meeting of the City Council of the City of San Jacinto on the 5th day of February, 2009 by a _/ vote. Witness my hand and official seal this 5th day of February, 2009. Dorothy L. Chouinard, City Clerk 3 Board of Directors President David J. Slawson Vice President Ronald W. Sullivan Treasurer Joseph J. Kuchler, CPA Randy A. Record Philip E. Paule Board Secretary Rosemarie V. Howell General Manager Anthony J. Pack Director of the Metropolitan Water District of So. Calif Randy A. Record Legal Counsel Redwine and Sherrill EASTERN MUNICIPAL WATER DISTRICT SINCE 1950 January 13, 2009 Ms. Connie Rogers - Elmore Interim Director of Finance City of San Jacinto 595 S. San Jacinto Ave P.O. Box 488 San Jacinto, CA 92581 Subject: Sewer Rate Changes per EMWD Resolution No. 3352.17 On January 7, 2009, our Board of Directors adopted Resolution No. 3352.17 which increased the Sewer Rate for the transmission, treatment and disposal of sewerage that is billed and collected by your agency. This is effective January 7, 2009 and to be applied to billings effective February 7, 2009. The previous rate of $.584/day/edu ($17.76/mo) has been increased to $.634/day/edu ($19.28/mo). Please see rate schedule S102. A certified copy of the board action and rate schedules is attached for your information. I have also attached the Board letter and documents for the Water Rate Resolution No. 3353.17 for your information. This includes the new wholesale rates for imported water that you may receive and entitlement rates. See rates E201, E202 and E203. If you have any questions or concerns about implementing this change, please contact me immediately at 951-928-6154. Sincerely, Charles E. Rathbone, Jr. Chief Financial Officer CC: Chris Thomsen, Customer Service Manager Charles Turner, Financial Manager Melanie Nieman, Director of Community Involvement fiailingAddress: Post Office Box 8300 Perris, CA 92572-8300 Telephone: (951) 928-3777 Fax: (951) 928-6177 Location: 2270 Trumble Road Perris, CA 92570 Internet: www.emwd.org Board of Directors President David J. Slawson Vice President Ronald W. Sullivan Treasurer Joseph J. Kuebler, CPA Randy A. Record Philip E. Paule Board Secretary Rosemarie V. Howell General Manager Anthony J. Pack Director of the Metropolitan Water District of So. Calif. Randy A. Record Legal Counsel Redwine and Sherrill EASTERN MUNICIPAL WATER DISTRICT 'SINCE 1950 January 7, 2009 II.A.1. R-3352.17 TO: Board of Directors FROM: General Manager SUBJECT: Adopt Proposed Resolution No. 3352.17, Revising Certain Sewer Rate Schedules RECOMMENDATION The preliminary proposed rate changes and alternative rate options have been presented to the Board in various Work Sessions October through December, 2008 and Board Committees. Notices were mailed 45 days prior to this public meeting per Proposition 218 requirement. Therefore, it is now being recommended that the Board adopt proposed Resolution No. 3352.17, revising certain sewer rate schedules to be effective January 7, 2009 and implemented with bills issued beginning February 7, 2009, and rescind Resolution No. 3352.16. Concur: Submitted by: Anthony J. Pack Charles E. Rathbone, Jr. General Manager Directors: All Divisions: All Chief Financial Officer Mailing Address: Post Office Box 8300 Penis, CA 92572-8300 Telephone: (951) 928-3777 Fax: (951) 928-6177 Location: 2270 Trumble Road Perris, CA 92570 Internet: www,emwd.org RESOLUTION NO. 3352.17 A RESOLUTION OF THE BOARD OF DIRECTORS OF EASTERN MUNICIPAL WATER DISTRICT REVISING CERTAIN SEWER RATE SCHEDULES BE IT RESOLVED by the Board of Directors of the Eastern Municipal Water District in Regular Session assembled this 7d day of January, 2009, that Resolution No. 3352.16, be amended as follows and as provided for in the schedule attached to and hereby made a part of this resolution. REVISED SEWER RATE SCHEDULES S101, S102, S201, S301, S401, S403, S501, S502, S503, S601 BE IT ALSO RESOLVED that any rate not specifically mentioned will remain unchanged. BE IT FINALLY RESOLVED that the effective date of the foregoing Rate Schedule amendments is January 7, 2009 DATED: January 7, 2009 David J. ATTE T: i . QhcL- ,K/ 4ieJL' Rosemarie V. Howell, Board Secretary (SEAL) , President Resolution No. 3352.17 Adopted: January 7, 2009 Rate Area Served S101 Hemet/San Jacinto Full Service S102 Hemet/San Jacinto (Excluding Collection) S201 Moreno Valley Full Service S301 Sun City/Menifee Valley Full Service S401 Temecula/Murrieta Full Service S403 Murrieta County WD Full Service S501 Perris Valley (ID-97) Full Service S502 Perris Valley (ID-97) Within City of Perris S503 Romoland/Homeland/N.Sun City Full S601 Canyon Lake Sewer Rate Proposed -Exhibit "A" Effective January 7, 2009 Current Rate Per Day Per Month Increase Per COS Per Day Per Month $0.614 $18.68 $0.050 $1.52 $0.584 $17.76 $0.050 $1.52 Proposed Rate Per Day Per Month $0.664 $0.634 $20.20 Change 8.1% $19.28 8.6% $0.635 $19.31 $0.049 $1.49 $0.684 $20.81 7.7% $0.648 $19.71 $0.042 $1.28 $0.690 $20.99 6.5% $0.776 $23.60 $0.023 $0.70 $0.799 $24.30 3.0% $0.776 $23.60 $0.023 $0.70 $0.799 $24.30 3.0% $0.822 $25.00 $0.106 $3.22 $0.928 $28.23 12.9% $0.766 $23.30 $0.106 $3.22 $0.872 $26.52 13.8% $0.822 $25.00 $0.106 $3.22 $0.928 $28.23 12.9% $1.685 $51.25 $0.073 $2.20 $1.758 $53.45 4.3% District Average $0.688 $20.93 $0.046 $1.41 $0.734 $22.34 Note: Per month based on Daily x 365 / 12 6.7% AGENDA - TRANSMITTAL FORM TO: Dorothy L. Chouinard, City Clerk Enclosure: Staff Report for CC Meeting of 02/05/09 [CC or RDA] Conditional Use Permit 12-08 (name — brief description) Consent Calendar Item X Public Hearing Item: Notice required X yes no Copy attached X yes no Published 1/27/09 (date(s)) Notices sent 1/27/09 (date(s) City Departments Item X Attachments include (this needs to match the attachment list in the Staff Report: ■ Planning Commission Conditions of Approval ■ Planning Commission Resolution 08-35 ■ Planning Commission Staff Report ■ Site Plan package E Photo simulations ■ CUP 1-04 Planning Commission Minutes dated October 28, 2004 ■ CUP 1-04 City Council Minutes dated June 3, 2004, November 18, 2004 and February 3, 2005 ■ CUP 1-04 Partial Site Plan Package ■ CUP 1-04 Photo Simulation taken from the area of the proposed Trails Specific Plan ■ Aerial Photo ■ Current Zoning Map Please provide a fully executed copy of documents to: Please record and return conformed copy Your IMMEDIATE attention is necessary Comments: Name of person that will be presenting item at the meeting Asher DATE: 1/27/09 D. Clayton, Info Planner C:\Documents and Settings\dclayton\Desktop\AGENDA Transmittal Form.doc GALVAN MARINA C/O MOISES GALVAN 1042 SAGECREST DR SAN JACINTO CA. 92583 MACGREGOR WINNIE 1620 CORTINA DR SAN JACINTO CA. 92583 PLANTINGA BILL 1283 RAMONA EXPRESSWAY SAN JACINTO CA 92582 SMITH CALVIN 1145 RAMONA EXY SAN JACINTO CA. 92582 GUNN DANIEL 1457 STRATUS ST SAN JACINTO CA. 92582 SIORDIA ROSARIO 1475 STRATUS ST SAN JACINTO CA. 92582 KALPESH HOMES INC 320 WOODRUFF DR WALNUT CA 91789 KALPESH HOMES INC 320 WOODRUFF DR WALNUT CA 91789 BRAXTON MARY 1048 SAGECREST DR SAN JACINTO CA 92583 MANN MARK 4523 CAKON PL HONOLULU HI 96818 SMITH CALVIN P 0 BOX 640 SAN JACINTO CA 92581 BARRATT AMERICAN INC C/O J MICHAEL ARMSTRONG 5950 PRIESTLY DR NO 101 CARLSBAD CA 92008 ROCCO JULIA 1463 STRATUS ST SAN JACINTO CA. 92582 GENTILE JOHN 1481 STRATUS ST SAN JACINTO CA. 92582 KALPESH HOMES INC 320 WOODRUFF DR WALNUT CA 91789 DURHAM JENNIFER 1614 CORTINA DR SAN JACINTO CA. 92583 SMITH CALVIN 1387 W RAMONA EXY SAN JACINTO CA. 92582 SMITH CALVIN P 0 BOX 640 SAN JACINTO CA 92581 WHITCHER JUDD 1451 STRATUS ST SAN JACINTO CA. 92582 CABALLERO GEORGE 1469 STRATUS ST SAN JACINTO CA. 92582 HOFFARTH LANE 1487 STRATUS ST SAN JACINTO CA. 92582 KALPESH HOMES INC 320 WOODRUFF DR WALNUT CA 91789 AGENDA ITEM 4, February 5, 2009 TO: The Honorable Mayor and Members of the City Council FROM: David Clayton, Information Planner Via Asher Hartel, Planning Director SUBJECT: Approval of Conditional Use Permit 12-08 to allow a cell tower at 1209 W. Ramona Expressway. Applicant: Los Angeles SMSL, LP for Verizon Wireless 15505 Sand Canyon Ave Irvine, CA 92618 RECOMMENDATION: Staff recommends that by motion the City Council: Ratify the Planning Commission approval of Conditional Use Permit 12-08 subject to the attached Conditions of Approval. BACKGROUND: On December 11, 2008 the Planning Commission, in a 3-0 vote, approved the above project consisting of a Verizon telecommunications facility with a 55 foot high broadleaf monotree tower and associated ground equipment. The site is located at the southeast corner of 1209 W. Ramona Expressway in the C-2 (General Commercial) zone. At the January 8, 2009 ratification hearing the City Council requested additional information regarding the expired Conditional Use Permit located on the adjacent Plantinga property on the west side of the project site. Detailed discussion on this site is provided further in this staff report. DISCUSSION: The project will be located on the north side of the Ramona Expressway just east of Potter Road. The applicant is proposing to lease 900 square feet at the southeast corner of the 4.52 acre property owned by Calvin Smith. A 6-foot high decorative block wall with wrought iron gate will enclose the site and related equipment, including an 11 foot by 16 foot prefabricated equipment shelter. To reduce visual impact from the Ramona Expressway, the site will be located behind existing California pepper trees. In addition the applicant is proposing to Page 1 of 3 use state-of-the-art stealthing techniques, by constructing the monopole to resemble a broadleaf tree. This type of tree helps make the site blend in with the surroundings and also permits for future co -location by other carriers. The project is further conditioned not to have the antenna array extend beyond the leaves of the mono -tree. The height of 55 feet meets the coverage goals of the provider and does not conflict with the height limit provisions of the C-2 Zone. The attached Planning Commission staff report includes a more detailed discussion of the project. On January 8, 2009 the City Council raised concerns about the visual impacts of the mono -elm along the Ramona Expressway and also wanted to see the discussion from both the Planning Commission and City Council hearings regarding the now expired Conditional Use Permit on the adjacent Plantinga property. The City Council further set the matter for hearing, and the applicant was directed to prepare a photo simulation, specifically looking east along the Ramona Expressway. In general the Conditional Use Permit (CUP 1-04) for the Plantinga property permitted the installation of two 45 foot high mono -palms with the antenna array in the palm ball and a second array on the tree trunk. The site would have been located on a 55 foot by 55 foot pad approximately 400 feet from the Ramona Expressway adjacent to a combination of 30 to 50 foot high pine and pepper trees and an existing steel storage building. The project went through the public hearing process with ratification by the City Council on June 3, 2004, after which it was discovered that the property owner notifications were flawed. Upon advice of the City Attorney the project went through a second round of hearings and was eventually ratified for two years by the City Council on February 3, 2005. The project on the Plantinga property was further extended by the Planning Commission on January 11, 2007 with an expiration date set for February 3, 2008. Minutes from the May 13, 2004 Planning Commission hearing were unavailable but minutes for the October 28, 2004 hearing have been attached along with the City Council minutes from the June 3, 2004, November 18, 2004 and the February 3, 2005. As a point of reference, the project currently being reviewed was submitted on September 22, 2008, seven months after the expiration of the CUP approval on the adjacent Plantinga property. FISCAL IMPACT: None ATTACHMENTS: • Planning Commission Conditions of Approval Planning Commission Resolution 08-35 Planning Commission Staff Report Site Plan package Photo simulations Page 2 of 3 • CUP 1-04 Planning Commission Minutes dated October 28, 2004 • CUP 1-04 City Council Minutes dated June 3, 2004, November 18, 2004 and February 3, 2005 • CUP 1-04 Partial Site Plan Package • CUP 1-04 Photo Simulation taken from the area of the proposed Trails Specific Plan • Aerial Photo • Current Zoning Map Page 3 of 3 TO: FROM: DATE: SUBJECT: ITEM 6.7 STAFF REPORT Chairman and Members of the Planning Commission David Clayton, Information Planner December 11, 2008 Conditional Use Permit 12-08 Applicant: Los Angeles SMSL, LP for Verizon Wireless 15505 Sand Canyon Ave Irvine, CA 92618 RECOMMENDATIONS: Staff Recommends that the Planning Commission: Adopt Planning Commission Resolution 08-35 approving Conditional Use Permit 12-08 subject to the attached Conditions of Approval. DESCRIPTION: A proposal for Verizon Wireless for the installation of a 55 foot high broadleaf monotree along with an 11 foot x 16 foot prefabricated equipment shelter and a 5 foot x 8 foot concrete pad for a future generator. The site is 900 square feet to be located at the southeast corner of 1209 W. Ramona Expressway. EXHIBITS: Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Resolution 08-35 Conditions of Approval Site Plan package Photo simulations Aerial Photo Current Zoning Map PLANNING COMMISSION December 11, 2008 PAGE NO. 1 ENVIRONMENTAL ANALYSIS: This proposal has been determined to be Class 32 (In -fill Development Project) Categorical Exemption, pursuant to Section 15305 of the Guidelines for Implementation of CEQA. DISCUSSION: The primary stealth feature proposed by the applicant will be a 55-foot high simulated broadleaf tree with a concealed antenna array and support structure. The applicant would also apply a coating to the pole to emulate the appearance of a tree trunk. The antenna array would be centered at 53-feet on a 55-foot high mono -pole, total height, including the tree branches would be 60-feet. The antenna array in this configuration at this height is preferred because it meets the coverage goals of the provider and with state-of-the-art stealthing techniques and color coatings added would comply with the requirements of the Wireless Ordinance. The project site is located at least 20-feet behind existing mature California Pepper trees along the southern and eastern property lines. An existing chain -link fence with fabric screening cloth provides additional screening. The facility itself will be surrounded by a 6-foot high, split face block wall with a 4-foot wide wrought iron man gate. Within the enclosure area, worklights a small utility cabinet and an 11 foot x16 foot equipment shelter are proposed. The equipment shelter is constructed of a 1-hour fire rated prefabricated metal structure with an exposed aggregate exterior. A 5 foot x 8 foot pad is proposed within the enclosure area for an emergency generator. The project is located on a 30 foot x 30 foot pad approximately 91 feet from the center line of the Ramona Expressway and 20 feet from the property line. 24-hour access for maintenance and repairs will be through an existing gate near the intersection of Ramona Expressway and Potter Road. The access route will cross several CL Smith properties and the MWD aqueduct. The site has a General Plan designation of Community Commercial and is zoned General Commercial (C-2). Like this site, the property to the east is also zoned commercial. Residential subdivisions have been constructed further to the east and south across the Ramona Expressway. A single residential home is located to the west. On this adjacent property the Planning Commission approved a wireless facility that has since expired. The proposed unmanned wireless telecommunication facility will not have an affect on scenic resources because of the scale of the project, its location and the existence of mature trees. Within the General Commercial (C-2) zone the height is restricted to 45 feet but an amendment to the Wireless Telecommunications Ordinance permits stealth monopole towers to exceed the height limitation of the underlying zone by up to ten (10) feet. PLANNING COMMISSION December 11, 2008 PAGE NO.2 Applying this exception, this stealth broadleaf monotree is within the height limits and the setback requirements for the General Commercial (C-2) zone. RECOMMENDATION Staff supports the project subject to the attached conditions of approval. If the Planning Commission agrees with the staff analysis of the project, staff recommends that the Planning Commission approve the project and direct staff to forward the Conditional Use Permit to the City Council for ratification, subject to the attached conditions of approval, supported by the findings in Resolution 08-35 (attached). PLANNING COMMISSION December 11, 2008 PAGE NO. 3 RESOLUTION NO. 08-35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JACINTO, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT A NEW 55 FOOT HIGH BROADLEAF MONO -TREE WITH A 11X16 FOOT EQUIPMENT SHELTER ON A 900 SQUARE FOOT LEASED AREA LOCATED AT 1209 WEST RAMONA EXPRESSWAY: CUP NO. 12-08. WHEREAS, Los Angeles SMSL representing Verizon Wireless filed an application on September 22, 2008, File No. CUP 12-08, for a conditional use permit to allow the installation of a 55 foot high broadleaf mono -tree and ground equipment ("Application") on approximately 900 square feet of land, APN 436-070-004 ("Subject Site"); WHEREAS, the property affected by the Application is within the General Commercial (C-2) zoning district; WHEREAS, the Application was reviewed, studied, and found to comply with the California Environmental Quality Act ("CEQA") as more fully described below; WHEREAS, on December 11, 2008, the Planning Commission of the City of San Jacinto ("Commission") conducted a duly noticed public hearing on the Application at which time all persons wishing to testify in connection with the Application were heard and the Application was comprehensively reviewed; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SAN JACINTO RESOLVES AS FOLLOWS: SECTION 1. Based on the entire record before the Commission, all written and oral evidence presented to the Commission, and the findings set forth in this Resolution, the Commission recommends approval of Conditional Use Permit No. 12-08 to allow the installation of a 55 foot high stealthed broadleaf mono -tree and ground equipment on the Subject Site, subject to the conditions of approval., SECTION 2. Based on the entire record before the Commission and all written and oral evidence presented to the Commission, including the staff report, the Commission finds as follows: A. The Subject Site for which the CUP is granted is in accordance with the objectives of the City of San Jacinto Development Code and the purposes of the C-2 General Commercial zoning district because the Commission has determined that use of the subject site is similar to and no more objectionable than any other conditional uses allowed within the zoning district. B. The proposed location of the Conditional Use and the conditions under which it would be operated or maintained will not be detrimental to the public health safety or welfare, or materially injurious to properties or improvements in the vicinity. As stated above the project is consistent with the zone classification for the site and the land use element of the General Plan. Further, the project has been reviewed by City and County agencies and has been conditioned accordingly. C. The proposed conditional use will comply with each of the applicable provisions of Article 17 and Article 23.76 of the Zoning Ordinance. As conditioned, the use is consistent with the intent and purposes of Ordinance 340 and applicable provisions of the General Plan. The proposed location of the wireless telecommunication facility and the conditions under which it will be operated or maintained will not be detrimental to public health, safety or welfare or materially injurious to properties or improvements in the vicinity. SECTION 3. Based on the entire record before the Planning Commission and all written and oral evidence presented, including the staff report, the Planning Commission finds the nature and extent of the dedications, reservations, impact fees, and other exactions are reasonably related to public needs and roughly proportional to the impacts created by use of the Subject Site as permitted by the CUP. SECTION 4. Based on the entire record before the Planning Commission and all written and oral evidence presented, the Planning Commission finds the CUP complies with CEQA for the following reasons: This proposal has been determined to be a Class 32 (Infill Development Project) Categorical Exemption, pursuant to Section 15332 of the Guidelines for Implementation of CEQA; therefore A Notice of Exemption has been prepared. City Staff is directed to file a Notice of Exemption within 5 days of project approval. SECTION 5. Effective Date. This Resolution shall become effective on the date on which it is ratified by the City Council. PASSED, APPROVED AND ADOPTED, this 11th day of December, 2008. Planning Commis ion Chairperson ATT Planning Commission Secretary ITEM 4.2 MINUTES MEETING OF THE SAN JACINTO PLANNING COMMISSION December 11, 2008 7:00 p.m. San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, California 1.0 ORGANIZATION Chairman Warneke called the meeting to order at the hour of 7:05 p.m. Commissioners Present: Warneke, Pellerin and Mannion Commissioners Absent: Seitl Commissioner Mannion led the Pledge of Allegiance 2.0 LATE ITEMS None 3.0 ORAL COMMUNICATIONS None 4.0 CONSENT CALENDAR 4.1 Approval of Minutes from the regular Planning Commission meeting on August 28, 2008. 4.2 Approval of Minutes from the regular Planning Commission meeting on October 9, 2008. 4.3 Approval of Minutes from the regular Planning Commission meeting on November 13, 2008. M/S/C (WARNEKE/MANNION) to approve agenda items 4.1; Approval of Minutes from the regular Planning Commission meeting on August 28, 2008; item 4.2; Approval of Minutes from the regular Planning Commission meeting on October 9, 2008; and item 4.3; approval of minutes from the regular Planning Commission meeting on November 13, 2008, as presented. Motion carried 3-0. Ayes: Warneke, Mannion and Pellerin Nays: None Absent: Seitl Abstained: None Planning Commission Minutes Page 1 December 11, 2008 5.0 CONTINUED PUBLIC HEARINGS 5.1 Zoning Ordinance Amendment 02-08; Recreational and Inoperable Vehicle Parking Ordinance Applicant: City of San Jacinto 595 S. San Jacinto Avenue San Jacinto, CA 92583 An amendment to Article 15 of the Zoning Ordinance to amend the City's regulations regarding the temporary parking of recreational, inoperable, and other vehicles. Pursuant to the CEQA process, this ordinance is exempt from further environmental review under the California Environmental Quality Act ("CEQA") (Cal. Pub. Resources Code, §§ 21000) and its implementing regulations because the proposed amendment is not a 'project' within the meaning of CEQA Regulations section 15378(b)(2) in that it is merely general policy or procedure making and because the ordinance is exempt from further environmental review pursuant to CEQA Regulations section 15061(b)(3) based on the fact that the ordinance is within the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment and it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment. Planning Director Hartel presented his staff report dated December 11, 2008. He introduced Code Enforcement Manager Ron Dye who had a presentation for the Commission. Code Enforcement Manager Dye made his presentation to the Commission, and explained why the City felt the Ordinance needed to be amended. He explained to the Commission how the department works, and indicated that they are fair and reasonable in enforcing the ordinance. He explained how it would not be fair to allow residents that do not have a nuisance such as manicured property, with a boat in the side yard that is cleaned and covered, and not allow the same type of boats that are not kept up in other homes. With regards to the parking of RV's and abandoned vehicles, the change of hours from 72 to 48 hours is requested to help enforce the ordinance more efficiently. Chairman Warneke indicated that one of the issues were the parking of boats on side yards. Code Enforcement Manager Dye explained that a boat trailer can be compared to the parking of a pop up tent, which sits at exactly the same height and width of a regular boat. He felt that if we would allow those, we would set precedent, and would need to allow similar items of the same size. Planning Commission Minutes Page 2 December 11, 2008 Commissioner Mannion stated that he agreed with what was submitted by Manager Dye, but he asked if there was some type of compromise to allow those that are in compliance with their yards, in allowing that they park their boats on the side yard. He stated on a personal note, that he too owns an RV, and it takes him longer than 72 hours to clean it before taking it back to storage. He was not in agreement with changing the hours from 72 hours to 48 hours, because from his experience he did not feel it was sufficient time. He stated that he did agree with the other modifications to the ordinance. Mr. Robert Lynch, 1117 Glacier Court, indicated that he was not against the ordinance amendment, and felt that residents should be in compliance. He asked the Commission to allow him to be grandfathered in, and allow him to keep an RV on his side yard. He stated his boat is on an improved surface, and has been there for over 6 years. He did state that the City is working with him, and the Code Enforcement manager has been reasonable. Mr. James Silvis, 760 Harbor Street, agrees with Code Enforcement, and did not want to open Pandora's Box, by allowing one person and not the other to park their boat in the side of their home. He requested that boat parking be allowed with some restrictions, which he handed to the Commission. Chairman Warneke asked Mr. Dye to read what was submitted, and indicate whether he would agree to the recommendation. Code Enforcement Manager Dye responded that he does not agree with the recommendation, and asked the Commission to support Staff. Commissioner Mannion reiterated that he did not agree with changing the parking allowance time from 72 hours to 48 hours, but agreed with the other changes that were recommended by staff. The Commission agreed. City Attorney Shane asked Code Enforcement Manager Dye if it would solve the parking hours to say maximum of 72 hours park within total of any 120 hour time limitation period. (modified by PC on 1/15/09) Planning Director Hartel responded that if the Commission was agreeable to that, it would go under item of the Recreational Vehicle section. Code Enforcement Manager Dye agreed. The Commission agreed. Public Hearing closed. Planning Commission Minutes Page 3 December 11, 2008 M/S/C (PELLERIN/MANNION) to adopt Planning Commission Resolution No. 08-30 recommending that the City Council approve Zoning Ordinance Amendment 02-08, as indicated in the Ordinance approve to approve with the modification to hours, the rest is as is. Motion carried 3-0. Ayes: Pellerin, Mannion and Warneke Nays: None Absent: Seitl Abstained: None 5.2 General Plan Amendment 3-07, Planned Unit Development 2-06 and Tentative Tract 34664 Applicant: Mario Zamorano 3590 S. Dartmouth Ln. Rowland Heights, CA 91748 A proposal to subdivide 5.01 acres into a 37 lot planned unit development with gated entry, 26-foot wide private streets and a .35 acre park. The project site is located on the west side of Kirby Street approximately 330-feet north of Esplanade Avenue. The applicant is also requesting the zone be changed from R-1 to R-2 PUD and the General Plan designation changed from Low Density Residential to Medium Density Residential, which would allow the development of the property. An environmental initial study has been conducted which has determined that this project will not have a significant impact on the environment with the incorporation of mitigation measures. Therefore, a Mitigated Negative Declaration is recommended. Information Planner Clayton presented his staff report dated December 11, 2008. He indicated that Planning Condition 11 needs to be modified as follows: "Upon City Council, Planning Commission, or Staff approval, the applicant shall submit a check to the City, payable to Riverside County, in the amount of $ 40 5, $1,993.00 for payment of State Fish and Game fees and County documentary handling fee in conjunction with the filing of a Mitigated Negative Declaration". He indicated that the new fees will become effective January 1, 2009. Chairman Warneke inquired on the status of the traffic signal that is proposed at the intersection of Esplanade Avenue and Kirby Street. Contract Engineer Skaugset indicated that the signal has been designed and is currently in plan check. He felt it would still be a few years before the actual construction of the signal, but noted that the applicant of this project is only required to pay their fare share. Public Hearing opened. Mr. Mario Zamorano, applicant, thanked Staff for their time and efforts they put into his project. He indicated that he agreed with the Conditions of Approval in addition to the minor change that was made on Planning Condition 11. Planning Commission Minutes Page 4 December 11, 2008 Public Hearing closed. M/S/C (PELLERIN/MANNION) to adopt a Mitigated Negative Declaration; Planning Commission Resolution No. 08-31 recommending approval of General Plan Amendment 3-07; Planning Commission Resolution No. 08-32 recommending approval of Planned Unit Development 2-06; and Planning Commission Resolution No. 08-33 recommending approval of Tentative Tract Map 34664 subject to the Findings of Fact and the Conditions of Approval, as presented. Motion carried 3-0. Ayes: Pellerin, Mannion and Warneke Nays: None Absent: Seitl Abstained: None 6.0 NEW PUBLIC HEARINGS 6.1 Large Family Day Care 08-04 Applicant: Rosa Nichols Nichols Family Child Care 254 Captains Ct. San Jacinto, CA 92583 A proposal to expand an existing 6 person child care facility to 12 children has received public opposition. Per Article 4.07 of Ordinance 340 the request has been forwarded to the Planning Commission for public consideration. The proposal will provide child care for 12 children a maximum of 14 hours per day, Monday thru Friday. A Large Family Day Care is considered a Statutory Exemption pursuant to Section 15274 of the California Environmental Quality Act Guidelines. Planning Technician Hasapes presented his staff report dated December 11, 2008. He requested that the Commission modify Condition 4 "No more than 12 children, including children under the age of 10 who reside at the home, may be provided family child care at the site". Public Hearing opened. Ms. Rosa Nichols, applicant, presented her report to the Commission, and indicated that she was in agreement with the conditions of approval. She further responded to the opposition to her Day Care, indicating that nuisance caused by the children in her neighborhood has nothing to do with her facility. She stated that the children at the facility are not allowed in the front of their home. Commissioner Pellerin inquired if anyone has called complained to Code Enforcement and had them visit the home for any nuisance. Ms. Nichols responded no. Planning Commission Minutes Page 5 December 11, 2008 Ms. Eleanor Seiler, 263 Captains Court, was opposed to the daycare facility. She indicated that she was not aware of the small daycare facility that existed at Ms. Nichols residence. She stated that Ms. Nichol's brother lives across the street from her home, and her children are constantly going across the street. She stated that she is concerned for the children's safety, especially after there have been drug raids at the end of their street. City Attorney Shane indicated that the City is very limited as to what they can do about Day Care centers that are approved by the State. The City cannot deny them, except for certain specified reasons; they can only stipulate conditions to make them in compliance with our code. (modified by PC on 1/15/09) Ms. Danielle Thaden, 224 Captains Court, felt that their neighborhood is great. She indicated that all the children that do play in the street are supervised at all times, and she did not think their safety was a concern at all. She noted that in the time that Ms. Nichols has had her day care facility, there has never been an issue with her children getting out of line. She further noted that Ms. Nichols had no control over the issue of the children playing in the street, since it was the other neighborhood children, including hers. She further noted that Ms. Syler should have talked with the residents if she had an issue with the neighborhood children. Public Hearing closed. M/S/C (MANNION/PELLERIN) to adopt Planning Commission Resolution 08-44, approving Large Family Day Care Permit 08-04 subject to the Conditions of Approval, as modified. Motion carried 3-0. Ayes: Mannion, Pellerin and Warneke Nays: None Absent: Seitl Abstained: None 6.2 Change of Zone 4-08; Conditional Use Permit 5-08 Applicant: Shyam Aggarwal 3065 Statice Court Hemet, CA 92545 A proposal to change Zoning from Residential Trailer (R-T) to General Commercial (C- 2) and a Conditional Use Permit for a 7,303 sq. ft. quick lube/carwash service center and a 1,400 sq. ft. mechanical car wash tunnel. The project will provide parking and landscaping on a 0.69 acre parcel at 260 W. Esplanade Ave. (APN 439-111-010). This proposal is not subject to the California Environmental Quality Act (CEQA) because, pursuant to Section 3.07 of the City's CEQA Guidelines there is no possibility that the activity in question may have a significant effect on the environment. The project therefore is exempt from CEQA. Planning Technician Hasapes presented his staff report dated December 11, 2008. Public Hearing opened. Planning Commission Minutes Page 6 December 11, 2008 Mr. Nasser Moghadam, 44052 Gallicia Drive, Hemet, stated that it has been a privilege to work with Staff. He stated that he did not recommend an 8 foot block wall to surround the project, as it would not be attractive. He indicated that they are proposing a 6 foot decorative block wall, and would like to do a 2 foot block wall with wrought iron on the street side along with landscaping for an appealing look to the public. He stated that the business itself would have limited hours of operation; therefore, did not feel they would be a nuisance to the neighboring residents. The Commission was open to the 2 foot block wall and landscaping, but Chairman Warneke stated that he felt there should be an 8 foot block wall along side of the mobile homes, simply for security purposes. Commissioner Mannion felt that an 8 foot block wall on the south of the property along side the storage yard should be a necessity for safety reasons as well. Mr. Moghadam agreed with modifying the conditions to include an 8 foot block wall along the south side of the property and along the east side, next to the mobile homes. Public Hearing closed. The Commission agreed to modify Planning Condition 25 to read: A six (6) foot high decorative block wall shall be constructed along the side •and roar property lines:, stepping up to an eight (8) feet high solid decorative wall screening the two mobile homes at the rear of the property to the east and along the rear property line. M/S/C (MANNION/PELLERIN) to adopt Planning Commission Resolution No. 08-42 recommending City Council approval of Change of Zone 4-08; and Planning Commission Resolution No. 08-43 recommending to the City Council approval of Conditional Use Permit 5-08 subject to the Conditions of Approval as modified. Motion carried 3-0. Ayes: Mannion, Pellerin and Warneke Nays: None Absent: Seitl Abstained: None 6.3 Conditional Use Permit 14-08 Applicant: San Jacinto Masonic Building Association 2910 Basswood Court Hemet, CA 92544 A proposal to construct a 7,350 square foot Masonic Lodge Family Center with 103 parking spaces and landscaping. The 2.52 acre parcel is located in the R-1 zone on the north side of Evans Street approximately 830 feet east of Hewitt Street at 785 E. Evans Street. This proposal has been determined to be Class 32 (In -fill Development Project) Categorical Exemption, pursuant to Section 15305 of the Guidelines for Implementation of CEQA. Planning Commission Minutes Page 7 December 11, 2008 Information Planner Clayton presented his staff report dated December 11, 2008. Mr. Blaine Womer, Womer Engineering, indicated that they had reviewed the conditions of approval, and have agreed to them. Mr. Terrance Burns, 617 E. Old 2nd Street, shares his property line with the applicant, and he inquired if a block wall was going to be constructed to divide the two properties. He indicated that at the present time, people walk through the applicant's property, and walk onto his property. He was concerned with their safety, and suggested that it would be in everyone's best interest is a barrier block wall was constructed. Information Planner Clayton stated that their proposal does not include a block wall beyond the end of the parking lot, and their intent is not to extend the existing block wall until the property is developed in the future. Mr. Womer stated that the applicant has agreed to take the block wall around their project, and continue it with a temporary 6 foot chain link fence on the remainder of the property where the portions that are not proposed to be block wall will be. Planning Director Hartel noted that this agreement is not shown on the plans; therefore, the Commission should add it as a condition. The applicant agreed. Mr. John Bottomly, 665 E. Old 2nd Street, was concerned with theft, and vandalism, and felt that a block wall along the rear of the property would be advantageous to the neighboring residents, especially since it is typical for Lodges such as these to rent their facility for private parties. Mr. Les Geiger, 42100 Mayberry, Hemet, noted that they do not rent their lodge to private parties, and felt their problems will be eliminated once the proposed fence is erected. Public Hearing closed. The Commission added the following to Planning Condition 14: A 6 foot high chain link fence shall be installed along property lines around the rear of the site not containing an existing or proposed block wall. M/S/C (PELLERIN/MANNION) to adopt Planning Commission Resolution No. 08-36 approving Conditional Use Permit 14-08 subject to the Findings of Fact and Conditions of Approval, as modified. Motion carried 3-0. Ayes: Pellerin, Mannion and Warneke Nays: None Absent: Seitl Abstained: None Planning Commission Minutes Page 8 December 11, 2008 6.4 Change of Zone 1-08 and Staff Review 1-08 Applicant: Mountain View Capital, LLC Kristina McCabe, Principal 10765 Double R Blvd; Suite 200 Reno, NV 82521 A proposal to develop a vacant 7.97 acre triangular shaped parcel located south of the Ramona Expressway and east of Bridge Street. The proposal intends to develop this site as a commercial center. The development consists of 7 commercial buildings with a total area of 68,880 square feet of space. The project site plan provides for a total of 341 parking stalls and ingress and egress points on Bridge Street and the Ramona Expressway. The project is currently zoned SP1-91 with a Zone Change to General Commercial (C-2) An environmental initial study has been conducted which has determined that this project will not have a significant impact on the environment with the incorporation of mitigation measures. Therefore, a Mitigated Negative Declaration is recommended. Information Planner Clayton presented his staff report dated December 11, 2008. Public Hearing opened. Mr. Michael O'Hagan, Stantec Consulting, thanked staff for their cooperation and time working with them. He indicated that they have reviewed the conditions of approval, and noted they are required to gain reciprocal access on Planning Condition 32. He indicated that they were lacking the parcel split, and felt it was not necessary; therefore, requested that the Commission omit the condition. The Commission agreed to delete Planning Condition 32: "Reciprocal acccs, areas shall be provided by CC&R's or by deeds and shall be recorded concurrent with the Final Map or prior to the issuance of a maintain a consistent uniform sign and architectural theme throughout the development" Mr. O'Hagan also stated that the amendment to Engineering Condition 5, which reads: "Minimum 6' wide concrete sidewalk along Ramona Expressway and Bridge Street and handicap ramps shall be constructed. Construction of sidewalk adjacent to driveways shall be in a manner to accommodate ADA Standards. Driveways shall be installed pursuant to Riverside County Standard 207A. Sidewalk/Bikeway along Ramona Expressway shall be meandering as approved by Planning Department. Per the City's General Plan, a Class I Bikeway is required within the Ramona Expressway right of way', would be difficult to meander sidewalks, as they do not have much space to maneuver due to the bus turn outs and the ADA requirements, but agreed to work with staff on this condition and do the best they could to their ability. Planning Commission Minutes Page 9 December 11, 2008 Additionally, the amendment to Engineering Condition 17, which reads: "In accordance with the RCTC letter dated August 26, 2008, the proposed access to Bridge Street shall be restricted to right -in, right -out only. A combination of hardscaped and landscaped median shall be installed on Bridge Street from the Expressway to southerly project boundary to preclude other turning movements. In the event that an agreement is approved between the developer and the City at a subsequent date, this condition may be waived and left turn movements on Bridge Street considered as an interim condition. The owner shall execute the necessary document, acceptable to the City Attorney, agreeing to this condition and waiving any damages that may be claimed by the Owner and any future owners or tenants", he indicated that they are currently working on a draft agreement with the City Engineer's office on the right in right out issue, allowing the left turn until RCTC moves forward with their project. Chairman Warneke inquired on what they propose to do with the gas line that runs through the project. Mr. O'Hagan responded that they are treating the line very gently. He stated that they are making sure the gas line is placed on the grading plan, are they are very aware of where it is located. He was in agreement with the conditions, as long as it was understood that they will be working with Staff on Engineering Condition 5 with the meandering sidewalks. City Attorney Shane suggested that the Commission add language to Planning Condition 25 allowing MWD to submit their approval of the project in writing to the City. Contract Engineer Skaugset responded that he did not recommend the Commission add such language as the City should not allow for MWD to approve a project that is within the City's jurisdiction. He indicated that they should be able to comment, but not wait for a written approval from them. City Attorney Shane then suggested adding a new Planning Condition 45, which reads: "Design plans for the project shall be submitted to MWD for review and comment". Additionally, City Attorney Shane recommended the Commission add the following language to Planning Condition 44 E, which reads:" Participation in water conservation, reclaimed water use and ground water recharge programs shall be encouraged. The use of water efficient fixtures, drought -tolerant landscaping and reclaimed water to offset any increase in water use associated with the project is also encouraged'. Mr. O'Hagan stated that as long as it would be an option not a requirement, they would take it into consideration, as long as it is feasibly economical. He also agreed. Public Hearing closed. Planning Commission Minutes Page 10 December 11, 2008 M/S/C (MANNION/PELLERIN) to recommend approval of Mitigated Negative Declaration to the City Council; and adopt Planning Commission Resolution No. 08-37 recommending approval of Change of Zone 1-08; and adopt Planning Commission Resolution No. 08-38 recommending approval of Staff Review 1-08 subject to the Findings of Fact and the Conditions of Approval, as modified. Motion carried 3-0. Ayes: Mannion, Pellerin and Warneke Nays: None Absent: Seitl Abstained: None Chairman Warneke called for break at the hour of 9:30 p.m. and reconvened at the hour of 9:38 p.m. 6.5 Conditional Use Permit 13-08, Variance 3-08 Applicant: Omnipoint Communications, Inc a Subsidiary of T-Mobile, USA C/O Ms. Kristin Galardo Trillium Consulting 5912 Bolsa Ave. Suite 202 Huntington Beach, California 92649 A Conditional Use Permit to construct a 55 ft. height stealth monopole (monoelm) with antennas and equipment shelter on a 20 ft. x 23 ft. (500 sq. ft.) leased area located on the east side of Mountain Ave., north of Esplanade Ave and a Variance to exceed the 45 ft. height limit by 10 ft. The parcel (APN 547-130-008) is located in the C-1 Zone approx. 120 ft. from the planned future Ramona Expressway to the east. An environmental initial study has been conducted on a previously approved project on this site which has determined that this project will not have a significant impact on the environment with the incorporation of mitigation measures. Therefore, a Mitigated Negative Declaration is recommended. Planning Technician Hasapes presented his staff report dated December 11, 2008. He indicated that the proposed 55-foot height of the mono -elm tower exceeds the 45-foot height limit for such a facility in the C-1 Zone, therefore a Variance to the height limit is requested. He further noted that if the Commission supports the height variance, staff would recommend that the project be continued so that supporting findings, Conditions of Approval and resolutions, can be drafted for approval of the project. Planning Director Hertel stated that City Attorney Shane has provided the Commission with revised resolutions if they decide to deny the project. Public Hearing opened. Ms. Kristin Galardo, representative, had a brief power point presentation for the Commission. Planning Commission Minutes Page 11 December 11, 2008 Mr. Jason Mojica, representative, indicated that a 55 foot pole will cover approximately 4 square miles, as opposed to a 40 foot pole that covers approximately 1 square mile which is a reduction of 75%. Ms. Galardo indicated that this is the 2nd site option, as their first site was located at Rancho Park. Unfortunately, due to a conflict of interest with a Councilmember, they were unable to move forward with their proposal, leaving this proposed site as their only alternative. She further noted that they will be able to cluster on the one pole, and would allow for collocating from other carriers, which seems like a feasible solution. Mr. Tim Miller, representative, stated that the reason for this site is that they are trying to stay away from residential areas. Furthermore, he indicated that notices to residences within 300 feet were mailed, and there was no opposition in the audience. The Commission was not clear on the reason there was a conflict of interest, and asked for clarification from Staff. Planning Director Hartel responded that the conflict of interest arose because a City official is employed in the telecommunications industry and works with T-Mobile; therefore the applicants preferred location at Rancho Park was not feasible. It is also possible that a similar conflict would arise with placement of additional towers on City owned land or City rights -of -way that would be needed to cover the same area as a single tower at 55 feet in height. City Attorney Shane noted that the Commission would need to have some findings to grant the variance which would allow the applicant the additional 10 feet that is requested for the height of the pole. Commissioner Pellerin felt that he did not want to see standards on city street lights, but did not want to set precedence in allowing taller poles throughout the City, as they are becoming more and more of a necessity. The Commission was in favor to continue the item to approve the variance to the January 15, 2008. They directed staff to prepare conditions of approval and resolutions for approval of the project. M/S/C (WARNEKE/PELLERIN) to continue agenda item 6.5; Conditional Use Permit 13-08, Variance 3-08 until the next regular Planning Commission Meeting of January 15, 2008, directing Staff to bring back findings and a resolution approving the variance request. Motion carried 3-0. Ayes: Warneke, Pellerin and Mannion Nays: None Absent: Seitl Abstained: None Planning Commission Minutes Page 12 December 11, 2008 6.6 Conditional Use Permit 4-06 Amendment 1 Applicant: Verizon Wireless c/o Robert McCormick 27 Via Granada Rolling Hills, CA 90274 A proposal to amend Planning Condition # 19 of Conditional Use Permit 4-06 regarding property maintenance. CUP 4-06 is a previously approved Conditional Use Permit to construct a 45 ft. height stealth monopole (monoelm) with antennas and equipment shelter on a 40 ft. x 30 ft. (1,200 sq. ft.) leased area located on the east side of Mountain Ave., north of Esplanade Ave. The 9 acre parcel (APN 547-130-008) is located in the C-1 Zone approx. 120 ft. from the planned future Ramona Expressway to the east. The effect of this project has been adequately analyzed in an earlier adopted mitigated negative declaration, no further environmental review is necessary. M/S/C (WARNEKE/PELLERIN) to continue agenda item 6.6; Conditional Use Permit 4- 06, Amendment 1, to the next regular Planning Commission meeting of January 15, 2009. Motion carried 3-0. Ayes: Warneke, Pellerin and Mannion Nays: None Absent: Seitl Abstained: None 6.7 Conditional Use Permit 12-08 Applicant: Los Angeles SMSL, LP for Verizon Wireless 15505 Sand Canyon Ave Irvine, CA 92618 A proposal for Verizon Wireless for the installation of a 55 ft. broadleaf monotree along with an 11 ft. x16 ft. prefabricated equipment shelter and a 5 ft. x 8 ft. concrete pad for a future generator. The site is 900 square feet to be located at the southeast corner of 1209 W. Ramona Expressway. This proposal has been determined to be Class 32 (In -fill Development Project) Categorical Exemption, pursuant to Section 15305 of the Guidelines for Implementation of CEQA. Information Planner Clayton presented his staff report dated December 11, 2008. Public Hearing opened. Ms. Randi Newton, representative, indicated that they were in agreement with the conditions of approval. Public Hearing closed. Planning Commission Minutes Page 13 December 11, 2008 M/S/C (PELLERIN/MANNION) to adopt Planning Commission Resolution 08-35, approving Conditional Use Permit 12-08 subject to the Conditions of Approval, as presented. Motion carried 3-0. Ayes: Pellerin, Mannion and Warneke Nays: None Absent: Seitl Abstained: None 6.8 Conditional Use Permit 1-08 Amendment 1 Applicant: KZ Holdings 19752 MacArthur Blvd, Suite 250 Irvine, CA 92612 As previously approved the project consists of a 139,991 square foot community shopping center on 17.2 acres. The revised first phase of the two phase project consists of 74,591 square feet of floor space and includes a 13,225 square foot major pharmacy, two major retailers of 24,815 square feet and 14,775 square feet, 9,600 square feet of inline shops, two 3,200 square foot drive-thru restaurants, a 2,800 square foot drive-thru restaurant and a 2,976 square foot convenience store/gas station with alcoholic beverage sales and a car wash. The revised second phase consists of 65,400 square feet of floor space and contains the remainder of the center consisting of the major retailer of 57,600 square feet, a 2,800 square foot drive-thru restaurant and a 5,000 square foot bank with drive-thru banking services. The entire site is located at the southwest corner of Sanderson and Cottonwood Avenues in the C-2 General Commercial zone, with a General Plan designation of Community Commercial. Pursuant to the CEQA process, the project has been adequately analyzed in an earlier adopted mitigated negative declaration. M/S/C (WARNEKE/MANNION) to continue agenda item 6.8; Conditional Use Permit 1- 08 Amendment 1, to the next regular Planning Commission meeting of January 15, 2009. Motion carried 3-0. Ayes: Warneke, Pellerin and Mannion Nays: None Absent: Seitl Abstained: None 7.0 BUSINESS ITEMS 7.1 Director's Report Planning Director Hartel noted that next Planning Commission meeting will be held on the 3rd Thursday of January, which is technically a City Council day. He stated that it is just for the month of January, due to the holiday falling on the 1st Thursday of the month. On other business, he stated that the Planning Commission advertisement for vacancy closes on January 16, 2009. He is hoping that we will have a new Commission on board for the February meeting. Additionally, he indicated that the Annual Christmas Breakfast is scheduled for Tuesday, December 16, 2008, Emilios Mexican Restaurant from 7:30 a.m. to 9:30 a.m. Planning Commission Minutes Page 14 December 11, 2008 The Commission discussed with Staff about the Cove project and KB Homes that was postponed until the next meeting in January. 8.0 ADJOURNMENT M/S/C (WARNEKE/PELLERIN) to adjourn the meeting with no further business to discuss to the next regular meeting of January 15, 2009 at the hour of 10:40 p.m. Respectfully submitted, Mimi Rodriguez Administrative Secretary Community Development Department Planning Commission Minutes Page 15 December 11, 2008 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. Date of Preparation: 11/05/08 Applicant: Los Angeles SMSL, LP for Verizon Wjre Location: Southeast corner of 1209 W. Ramor; General Conditions 1. This proposal for a 55-foot broadleaf it( installation of an eighteen ®a el wireles feet and a 4-foot parabo: `dta Condit! comply with the developme zoning district. e, that will accommodate the tenna array mounted at 53 Use Permit 12-08 shall neral Commercial (C-2) 2. The effect! m to of � ance o ; is Conditional Use Permit is the date it is ratified he City o = Heil. Th onditional Use Permit will lapse if the improveme �� ave �:t en -� within two (2) years from the date upo hich a ce a a -d approval. In addition to these of approval, this project is also subject to the ditions he "Cii y Engineer dated October 10, 2008, and the Fire Department er 15, 2008. 3. The applicant agrees to indemnify, hold harmless, and defend the City, its officials, officers ents and employees, from any and all liability, claims, action ings that may be brought arising out of its approval of this ' � permit, d any approvals associated with the project, including, without limitation, any CEQA review or approval, except to the extent caused by the negligence of the City. 4. All plans submitted to the City shall be in substantial conformance with the plans in this approval. This condition applies to site plans, grading plans, landscape plans, building plans, elevations, and all other illustrations, text, or plans submitted to the City in connection with the project. 5. The broadleaf mono -tree shall be constructed to permit co -location as shown on the site plan. Page 1 of 3 conditions under which it is, being opera the public health, welfare or materi improvements in the vicinit+ as to constitute a public nuis 10. The facility facility in the Wirer discontinue facila, 11 12. GradI standa pe�'ator appropria Telecom 6. Antennas and all support structures on the monopole shall be painted to match the color of the mono -tree leaves. The antennas shall not project beyond the leaves of the mono -tree. 7. Exterior lighting shall be a manually -operated or motion detector controlled light above the equipment shelter door. Light shall be kept off except when personnel are actually present at night. 8. Backup generators shall only be operated during testing and maintenance purposes. If the faci hundred (100) feet of a residential dwelli measures shall be included to reduce exteri CNEL at the property line. Routine testi take place on non -holiday weekdays between the 5:30pm. 9. This use permit may be modifi ower outages and for located within one it, noise attenuation evels to at least 65dB ar:tenance shall only hours of 8:00am and r revo Ced by the Cifigeouncil or Planning Commission should they d t rr ij that the proposed use or r maintained is detrimental to injurious to property or ropert perated or maintained so ;propeer is responsible for maintaining the manneonsistent with the original approval of ication ° ility. Should the use be replaced or s, the approvals will lapse and the remove`tfi1`e and equipment and restore the site on. Cities adjacent to and on site shall be located di San Jacinto Municipal Code Section 15.32. )improvements shall be installed in accordance with city cifications. 13. To reduce rcise impacts adjacent to the project site, construction and grading activities shall be limited to the hours between 7:00 a.m. and 7:00 p.m. Monday through Saturday. All construction equipment shall be mufflered and/or surrounded by noise attenuating barriers. 14. Upon project approval, the applicant shall submit a check to the City, payable to Riverside County, in the amount of $64.00, for payment of County documentary handling fee in conjunction with the filing of a Notice of Exemption. Page 2 of 3 Prior to issuance of a Grading Permit 15. Prior to the issuance of a Grading or Building Permit a note shall be placed prominently on the construction documents to, "Notify Daniel Dixon or Mike Vega of MWD's Water System Operations Group, telephone (951) 926-7002, at least two working days (Monday through Thursday) prior to starting an work in the vicinity of our facilities." 16. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards and accepted grading practices. The final grading plan shall be in substantial conformance with the approved site plan and grading plan. Prior to issuance of a Building Permit 17. Prior to issuance of a building permit, fence and wall Prinsshall comply with the City Fence Guidelines and be subject,. to review 'an' approval of the Planning Department. 18. 30-days prior to use, a list id specificatins of all construction equipment to be used in the area of1h»1WD pipelin shall be submitted to MWD for review and approval. Conditions of Approval UP 12- Building and Safety nt General Condit' 1. All required sable c other o 'construction. artmhfilIe access roads shall maintained in a all times for emergency Fire Department use. Gates hall be approved by the Fire Department prior to 2. All ,ber scraps, combustible materials and other debris shall be picked up daily, oroften as required by the Building and Safety Department. Prior to Occupan 3. Prior to Certificates of Occupancy, specific address for each building shall be provided, shall be contrasting color and background. Page 3 of 3 TO: Asher Hartel, Planning Director David Clayton, Planning Technician FROM: Habib Motlagh, City Engineer DATE: October 10, 2008 RE: CUP 12-08, Verizon 70' Broadleaf Tower • No new driveway will be approved for this site. The applicant shall use existing driveway and follow all traffic regulations for such use. It should be noted that subject to the proposed City of San Jacinto widening project along the Expressway per General Plan Standards, the use of this and any existing driveways along Expressway may be limited to right in and out only. • Any work within MWD (San Diego Aqueduct), right of way requires their review and permit. City Engineer's Office P.O. Box 488 • San Jacinto, CA 92581 • Ph (951) 654-3592 • Fax (951) 654-3672 www.ci.san-jacinto.ca.us John R. Hawkins Fire Chief Proudly serving the unincorporated areas of Riverside County and the Cities of: Banning • Beaumont • Calimesa • Canyon Lake • Coachella • Desert Hot Springs • Indian Wells • Indio • Lake Elsinore • La Quinta Moreno Valley Palm Desert • Perris • Rancho Mirage • SanJacinto Temecula Board of Supervisors Bob Buster, District I John Tavaglione, District 2 Jeff Stone, District 3 Roy Wilson, District 4 Marion Ashley, District 5 RIVERSIDE COUNTY FI': DEPARTMENT In cooperation with the California Department of Forestry and Fire Protection 2300 Market St, suite 200 Riverside, Ca. 92501 • (951) 955-4777 • Fax (951) 955-4886 10-15-2008 David Clayton, Information Planner City of San Jacinto 248 E. Main Street San Jacinto, Ca. 92583 Re: Conditional Use Permit 12-08, Verizon cell tower, 1209 Ramona Expy. FIRE recommends the following conditions: 1. Provide emergency contact information at the entrance to the mono- pole enclosure. 2. Provide "KNOX" rapid access padlock or electric key switch at gate access to mono -pole enclosure. KNOX application available at the Riverside office, call (951) 955-4777 for further information. Re: Variance #2-08, FIRE has no comments or conditions. Scott DeForge, AFM Riverside County Fire, Planning Section PROJECT SUMMARY: SITE ADDRESS: 1531 MOUNTAIN AVE SAN JACINTO, CA 92581 PROPERTY OWNER: THE DALE W REASER LIVING TRUST P.O. BOX 748 SAN JACINTO, CA 92581 PHONE: (951) 378-7211 APPLICANT: T-MOBILE USA 3257 E. GUASTI RD., SUITE 200 ONTARIO, CA 91761 PHONE: T-MOBILE REPRESENTATIVES: ZONING MANAGER: LINDA PAUL CONSTRUCTION INSPECTOR: DEVELOPMENT MANAGER: RALPH NARVAEZ PRECON. DESIGNER: A&E MANAGER: PROJECT DESCRIPTION: CONSTRUCTION OF 6' TALL CMU EQUIPMENT ENCLOSURE & INSTALLATION OF (6) EQUIPMENT CABINETS. INSTALLATION 6D. TALL MONOELM WITH (12) ANTENNAS AND (1) GPS ANTENNA AT EQUIPMENT AREA COAX RUNS FROM EQUIPMENT TO ANTENNAS 200A ELECTRICAL & TELCO SERVICE TO EQUIPMENT BUILDING SUMMARY: OCCUPANCY CLASSIFICATION: TYPE OF CONSTRUCTION: ZONING: TOTAL LEASE AREA: ASSESSORS PARCEL NUMBER: UNMANNED TELECOMUNICATIONS V-B C-1 500 SO FT 547-130-008 CONSULTING TEAM: SAC/ZONING/PERMITTING: ARCHITECTURAL & ENGINEERING: TRILLIUM TELECOM SERVICES, INC. 5912 BOLSA AVE., SUITE 202 HUNTINGTON BEACH, CA 92649 CONTACT: FLO MEAD PHONE: (714) 206-1781 EMAIL_ FMEAD@TRILLIUMCOS.COM SURVEY: BERT HAZE AND ASSOCIATES. INC. LAND SURVEYING & MAPPING 3188 AIRWAY AVE, SUITE K1 COSTA MESA, CA 92626 PHONE: (714) 557-1567 FAX: (714) 557-1568 POWER UTILITY CONTACT INFO: SCE JERRY CHAMBERLAINE SCE; IMS GROUP 1st FLOOR 2885 FOOTHILL BLVD. RIALTO. CA. 92376 (909) 820-5681 COG-CONNELL DESIGN GROUP, L.L.C. 4685 MACARTHUR COURT., STE 480 NEWPORT BEACH. CA 92660 CONTACT: JOE CONNELL PHONE: (949) 306-4650 ELECTRICAL ENGINEER: COG-CONNELL DESIGN GROUP. LLC. 4685 MACARTHUR COURT.. STE 480 NEWPORT BEACH, CA 92660 CONTACT: CHAU TANG PHONE: (714) 262-8811 TELCO UTILITY CONTACT INFO: VERIZON MR. OSCAR ESCABAR ENGINEER PLANNER 1400 E. PHILLIPS BLVD. POMONA, CA. 91766 (909) 469-6340 SHEET INDEX: SHEET NUMBER: DESCRIPTION: T-1 TITLE SHEET C-1 TOPOGRAPHIC SURVEY C-2 TOPOGRAPHIC SURVEY A-1 SITE PLAN A-2 ENLARGED SITE PLAN. ANTENNA & EQUIPMENT LAYOUT A-3 ARCHITECTURAL ELEVATIONS APPROVALS: THE FOLLOWING PARTIES HEREBY APPROVE AND ACCEPT THESE DOCUMENTS AND AUTHORIZE THE CONTRACTOR 70 PROCEED WITH THE CONSTRUCTION DESCRIBED HEREIN. ALL CONSTRUCTION DOCUMENTS ARE SUBJECT TO REVIEW BY THE LOCAL BUILDING DEPARTMENT AND ANY CHANGES AND MODIFICATIONS THEY MAY IMPOSE. PRINT NAME SIGNATURE LANDLORD PRECON. MGR DEVELOP. MGR CONST. MGR A&E MGR ZONING MGR RF ENGINEER OPERATIONS SAC REP. UTILITIES DATE .15'3Y M9063al`0e, 1531 Mountain Ave San Jacinto, CA 92583 SECTOR ; AZIMUTH CENTERLINE # OF ANTENNAS ANTENNA MODEL # # OF COAX LINES COAX DIAMETER COAX LENGTH A B 300' 53' 4 TMBXX-6516-R2M 4 7/8- 90' ± 160' 53' 4 TMBXX-6516-R2M 7/8' 90' ± C 220' 53' 4 TMBXX-651 6-R2M 7/8° 90' ± NOTE: AZIMUTHS ARE FOR REFERENCE ONLY DIRECTIONS FROM T-MOBILE ONTARIO OFFICE: DEPART 3257 E GUASTI RD, ONTARIO. TURN LEFT ONTO N. HAVEN AVE TO 1-10. GO EAST -XN 1-10 TO BEAUMONT AVE (SR-79) TURN RIGHT (EAST) TO LAMBS CANYON RD, KEEP LEFT ONTO RAMP AND TURN LEFT ONTO US-79. ROAD CHANGES TO SR-79 (STATE ST.) TURN LEFT (EAST) ONTO E. 7tH ST TO MOUNTAIN AVE AND TURN RIGHT. CONTINUE TO SITE THOMAS GUIDE REGION: RIVERSIDE PAGE: 811 GRID #: E3 BUILDING CODE CAUFORNIA BUILDING CODE 2007 APPLICABLE CODES ALL WORK IS TO COMPLY WITH THE 2007 CALIFORNIA BUILDING CODE (CBC) TIA/EIA-222-1996-F UFE SAFETY CODE NFPA-101, 607 COMMERCIAL BUILDING GROUNDING AND BONDING REQUIREMENTS FOR TELECOMMUNICATIONS AISC - CONSTRUCTION MANUAL, 9TH EDITION OR LATER. NEC (NATIONAL ELECTRIC CODE) 2007 (NFPA 70) able Stick Together5 3257E GUASTI RD, SUITE 200 ONTARIO, CA 91761 — PLANS PREPARED BY: CONNELE-DESIGN GROUP, LLC CONSULTING CIVIL ENGINEERS- 4685 MACARTHUR COURT, SUITE411ft NEWPORTREICH CA 92660 (949) 7534807OFFICE• (949) 75317833F.LY CDG#: 08-2516 — CONSULTING GROUP: ATrillium Telecom Services LLC 5912 Balsa Ave, $uniingtoe Beady CA 92649 (714) 799-2800 OFFICE (714) 799-2020 FAX NO. DATE: DESCRIPTION: 1 09/1 1 /08 90% ZD'S 09/22/0B 10/08/08 i1/11/o8 90% ZD'S 100% ZD'S 100% ZD'S BY. FXC EN EN BB —SITE INFORMATION REASER PROPERTY I Ef5300-C 1531 MOUNTAIN AVE. SAN JACINTO, CA 92581 —SH£ETTITLE. TITLE SHEET — SHEET NUMBER: T-1 • / , / • \ , , \ \ \ • UD PROPOSED T €BIIE (D unl3nEs W 1 5E3acN • • , N. , \ • \ \ • \ • \ / \ , \ • N. (E) NEXIEL Sf5' • T • -Mobile-. Stick Together'' 3257 E. GUASTI RD.. SUITE 200 ONTARIO. CA 91761 —PLANS PREPARED BY: CONNELL DESIGN GROUP, LLC CONSULTING C191L ENGINEERS 4685 MAC4RTNUR COURT. SUITE 440 NEWPORTRE4CH CS 92660 (949) 733-AR07OFFICE- (949) 7534033FAX CDG#: 08-2516 —CONSULTING GROUP: C Trillium Telecom Services, LLC 5912 Balsa Ave., Huntington Beach, CA 92649 (714) 799-2000 OFFICE (714) 799-2020 FAX NO. DATE: DESCRIPTION: BY. 90% ZO'S FXC 1 08/11/08 09/22/08 10/08/08 11/11/08 ■e mom a—_ •m 90% ZD'S 100% ZO'S 100% ZD'S BB —SITE INFORMATION. REASER PROPERTY I E05300-C 1531 MOUNTAIN AVE SAN JACINTO, CA 92581 —SEAL ^ SHEET TITLE: SITE PLAN — SHEET NUMBER: SITE PLAN SCALE: 1 "=60'-0" 0 30 60' 1 SECTOR 'A' 300° PROPOSED I -MOBILE PANEL AMEN (4 PER SECTOR, 3 SECTORS TOTAL) 2 CURRENT, 2 FUTURE & 2 TOES PER SECTOR AIPalk SECTOR 'C' N Wi 220° tiV— PROPOSED T-MOBILE 60.-OT MONOEUI SECTOR 'B' 160° NOTE; . MONDEUA LEAVES NOT SHOWN FOR CLARITY ANTENNA LAYOUT SCALE: 3/8”=1' -0" 0 1' 23' 2 (E) COO WOOL (E) WROUGHT WON GATE TO MATCH (0) PROPOSED T-M0801 MC, TELCO CARNETS 4, EMERGENCY GENERATOR RECEPTACLE ON ,..\• (N) H-ERROR / , , - , ,-, ---1 „, , , k 111 k z, / • . III / / • 1 \ I " / ,' \ I \ ssk IV I \ k / ' II • / / .. , , :// / , ./. / / / ,,, • •// ,../ „. • >// ',' /k V /7 // • \1 c,.. // , ,,.. //,/ r1)\- -I I \if \ (-,v( ,( ,q ' ›.:: /'_IL,/^:\ /. — v• (1r ,- 4X ----- - - f., ^ c "<" / - 'L. i/ .;--,-1-- ''3\ 0,-.)>-- , 7,'/ ,--2 ,,,.,2 t -° / i U '.0 ‘. ../ PROPOS006'-O' SHUT FACE Cal ROLL (TO MATCH (E) PROPOSED T-1$0806E PANEL ANTENNAS (4 PER SECTOR, 3 SECTORS TOTAL) 2 CURRENT. 2 FUME & 2 TMA'S PER SECTOR op. o q 000 0 0 0 PROPOSED T-110801 2106 EQUINEM CARNETS (2 cumati, 4 FUTUftE) (E) CliNN LOW FENCE (E) CLAU WALL PROPOSED T-MOBILE PANEL ANTENNAS (4 PER 5e1106, 3 SECTORS TOTAL) 2 CURRENT, 2 FUTURE & 2 TMA:S PER SECTOR PROPOSED T-4.4081LE PM, TELCO CABINETS & EMERGENCY GENERATOR RECEPTACLE ON (N) H-FRAME PROPOSED T-Motel F mute IN TRENCH (E) MUTT VAULTS (E) STORAGE TREE PROPOSE, T-11081LE 2106 02AJP0ENT CAERNETS (2 CURRENT, 4 FUTURE) PROPOSED 6.-0" HIGH SPLIT FACE CIAU WALL (TO MATCH (0) / PROPOSED T-64508F 20' UVE ELM TREES . ()bile Stick Together® 3257 E. GUASTI RD., SUITE 200 ONTARIO, CA 91761 — PLANS PREPARED BY: CONNELL DESIGN GROUP, LLC CONSULTING' CIVIL ENGINEERS 4685 MACARTHUR COURT. SUITE 480, NEWPORT BEACH CA 92648 (949)733-R07 OFFICE - (949)7534833 FAX CDG-#: 08-2516 — CONSULTING GROUP: ATrillium Telecom Services, LLC 5912 Balsa Ave., Huntington Beach, CA 92649 (714) 799-2000 OFFICE (714) 799-2020 FAX DATE: DESCRIPTION: BY, 09/11/08 90% ZD'S FXC 09/22/08 10/08/08 11/11/08 90% ZD'S 100% ZD'S 100% ZD'S —SITE INFORMATION: 11111 EN BB REASER PROPERTY I E05300-C 1531 MOUNTAIN AVE SAN JACINTO, CA 92581 — SHEET TITLE: ENLARGED SITE PLAN, ANTENNA & EQUIPMENT LAYOUT — SHEET NUMBER: A 2 EQUIPMENT LAYOUT SCALE: 3/8”.= 1 0" 0 1' 2' 3' 3 ENLARGED SITE PLAN SCALE: 8' 1 6 • Motiie.a NORTH ELEVATION SCALE: 1 /8"=1'-0" 0 4' 8' 3 WEST ELEVATION 00 0 oo0 0• PROPOSED 6'-O' HIGH SPLIT FACE GNU WAIL. (To ARTGH (E) PROPOSED T-MOBLE PANEL ANTENNAS (4 Pet SECTOR, 3 SECTORS TOTAL) 2 CURRENT, 2 FUTURE 0, 2 TAUS PER SLL PROPOSED VERI2CN WIRELESS WIDOW PROPOSED T-YORRE MONOEIN PROPOSED 7-60811E 20 LIVE ELM II04 TO.. OF (2) PROPOSED T-MOBILE 2106 EQUIPMENT GBOtETS (2 CURRENT. 4 FUTURE). BEYOND (E) NEXIEL MUWE131 ( EQUIPMENT SHELTER GO'-0' TOP OF MONDE PROPOSED T-MOBILE CPS AI4TENLU PROPOSED T-MOBILE PPG CABINETS ARM4.,M.a11111 fj I 1 ?o,c SCALE: 1/8"=1'-0" PROPOSED T-YOBILE PANEL NRENHAS (4 PER SECTOR, 3" SECTORS TOTAL) 2 CURRENT, 2 FUTURE & 2 1MA'S PER SECTOR PROPOSED VERRON EEIROESS ANTENNAS T-MOBILE 60'-0" MONOEI. 0 v 00 0 0 v 0000o 000 0 000 0 0D0 ('y7gAu f"O i � �A-U AAA •0 PROPOSED 6'-0' HIGH U SPOT FELL MU WALL (TO MATCH (E) 0 U 0 PROPOSED T-40811E 2106 EQUIPMENT CABNETS (2 CURRENT, 4 FUTURE) U D 4' 8' (E) ROTEL MOORELI. HYOID (E) HE GEL EQUIPMENT SHELTER, MOND PROPOSED T-MOBILE (E) CW 20. ISVE 8.M TREE, WILL BEYOND 71P. OF (2) 1 EAST ELEVATION SCALE: 1 /8".= —0" 0 4 8' 4 SOUTH ELEVATION SCALE: 1/8"=1'-0" 0 4 2 Stick Together 3257 E GUASTI RD., SUITE 200 ONTARIO, CA 91761 — PLANS PREPARED BY: CONNELL DESIGN GROUP, LLC CONSULTING CIVIL EVOWEERS 4685 ALICARTHUR COURT. SUITE 480 NEWPOHT BEACH C4 92660 (949) 753-8807 OFFICE -(949) 753-8833 FAA. CDG#: 08-2516 — CONSULTING GROUP: Trillium Telecom Services, LLC 5912 Balsa Ave, Huntington Beach, CA 92,549 (714) 799-2000 OFFICE (714) 799-2020 FAX NO. DATE: DESCRIPTION: 1. 09/11/08 90% ZD'S 09/22/08 10/08/08 11/11/08 90% ZD'S 100% ZD'S 100% ZD'S —SITE INFORMATION. BY: FXC EN Ell MI REASER PROPERTY E05300-C 1531 MOUNTAIN AVE SAN JACINTO, CA 92581 EAL, —SHEET TITLE. ARCHITECTURAL ELEVATIONS A, TOP OF ASPHALT CURB AIR CONDITIONING UNIT ANTENNA APEX BUILDING BRANCH BOTTOM BACK OF WALK CONDUIT CHAIN LINK FENCE CONCRETE MONUMENT CONCRETE PAD CABLE TRAY CONTAINER DIAMETER DOOR DIRT PILE ELECTRICAL BDX ELECTRICAL METER EDGE OF DIRT EDGE OF DIRT PILE EDGE OF ROCK EDGE OF PAVEMENT EDISON VAULT FOUND FRAME GUY ANCHOR GROUND CAN GATE POST HOUSE INCHES IRON PIPE MONOPOLE NATURAL GROUND NAIL ROCK SHELTER SPIKE STEEL PLATE TOP OF CURB TOP OF GRATE TOP TREE TRANSFORMER PINE TREE TELCO RISER TELCO VAULT TOP OF WALL UTILITY POLE OMNI WHP ANTENNA WROUGHT IRON FENCE N45106'28"E 10.00' N44'57'33'W 474.57' 14 ANTENNA ® BLOCK WALL — 0— CHAIN LINK FENCE CENTERLINE O FOUND MONUMENT O GRATE GUY ANCHOR =gym UTIUTY POLE — CI— WROUGHT IRON FENCE POR. LOT 22 APR 547-130-007 N44,53'32"W LEGEND: ACTC ACU ANT APX BID BRN BRA BR CDT CIF CNN CPD CT CTR D DR DRIP EBX EM EOD LOOP EORK EP EVLT FO FRM GA CCAN GTP HSE VJ P MP NG NL RK SHT SPK STEP SIP TC TG TP TR TRN TRPN TRSR TVLT TW UP WHP RIF L=112_66' R 859.89' 36215' RECORD OF SURVEY; R.S.B. 75 / 34-40 TSB ROAD 00 RAMONA EXPRESSWAY N44'57'33"W 161620 R000 161620 ROAD 171110 NA-4'57'33"W 474.57 `DIRT. 1617.40 SEE SHEET C-2 FOR DETAIL EXISTING SHED 0 • `DIRT, 17 o CHAIN LINK FENCE H.T. HEWITT'S PLAT OF SAN JACINTO M.B. 8 / 386 POR. LOT 22 AP.N. 547-130-008 0 4e 6 N G Eo.��r qt' Al 1613.40 EON' `OIRT PILE, 10 CHAIN LINK FENCE. `DIRT, N44'53'32'W 1615.90 EON' o EXISTING BUILDING 476.11' 106.40 -0 tl N44'53'32"W MOUNTAIN AVE GA= 0 0 • 0 EXISTING BUILDING' hp�h `DIRT, * To i / 1676.10 3 1617.7 11G BLOCK WALL °+a 1617.60 ROAD `DIRT, 6� 6� o ° CHAIy UN. FEN CE- `DIRT, `EXISTING BUILDING. 0 q 21' . tlbs ��j�C SO �'T•5 '3‘\% 1618.76 `DRIVEWAY,cpo APR 547-'130-065 \. APR 547-130-069 • \\ APR 547-130-062 GEDDETIC' COORDINATE LOCATION 'P S9 619E0 / EVLT / m m / N45'04'40"E 30.00' N44'53'32'W 460.03' COORDINATES: 4, LATITUDE 33'46'22.50' N LONGITUDE 11655'43.48" W HAD 1983 GEODETIC COORDINATES WERE ESTABLISHED USING SURVEY GRADE 'ASHTECH'- G.P.S. RECEIVERS AND ASHTECH SURVEY GRADE PRECISION SOFTWARE FOR POST -PROCESSING. BASIS OF BEARINGS: THE NORTHERLY UNE OF LOT 22 OF H.T. HEWITT'S PLAT OF SAN JACINTO. BEING NORTH 44'57'33" PER RECORD OF SURVEY, R.S.B. 75/34-40, RECORDS OF RIVERSIDE COUNTY. ASSESSOR'S IDENTIFICATION: RIVERSIDE COUNTY A.P.N. 547-130-008 AREA: 9.55* ACRES PER RIVERSIDE COUNTY ASSESSOR BENCH MARK: U.SGS. BENCH MARK '8M 1567' \ UNITED STATES GEOLOGICAL SURVEY BENCH MARK "BM 1567' \ AS SHOWN ON THE "SAN JACINTO' 7.5 MINUTE QUADRANGLE \ MAP. ELEVATION: 1,569,5 FEET AM.S.t_ (NAVD88) TITLE REPORT IDENTIFICATION: STEWART TITLE OF CALIFORNIA ORANGE DIVISION, PRELIMINARY TITLE REPORT NO. 2862-141266, DATED: SEPTEMBER 5, 2008. EASEMENT NOTES: EASEMENT(S) SHOWN THEREON. ARE PER STEWART TITLE OF CAUFORNIA, ORANGE DMSTON, PRELIMINARY TITLE REPORT NO. 2862-141266, DATED: SEPTEMBER 5, 2008. 4. AN EASEMENT FOR PUBLIC UDLITI . RECORDED: SEPTEMBER 21, 1477 AS INSTRUMENT NO. 185785, OFFICIAL RECORDS. (DOES Nor AFFECT SITE) LEGAL DESCRIPTION: LOT 22 OF Hi. HEWITT'S PLAT OF SAN JACINTO, AS SHOWN UPON A MAP THEREOF ON RE TN INE.OFF.ICE Or THE COUNTY RECORDER OF SAN DIEGO COUNTY. CALIFORNIA, IN BOOK 8 OF MAPS, AT PAGE 386 THEREOF; cote -AWING 20 ACRES OF LAND, MORE OR LESS. EXCEPTING THEREFROM, THE NORTHWLSItKLY ONE-HALF OF SAID LOT 22 SUBJECT TO RIGHT OF WAY FOR ONE DITCH. FLUME, OR OTHER AQUEDUCT OF RECORD. DATE OF SURVEY: SEPTEMBER 3. 2008 SEE SHEET C-2 Cl) FOR SITE DETAILS." 'REV: DATE/BY: REMSION DESCRIPTION: 09/09/08 YT ISSUED FOR REVIEW 2 10/D6/08 BH ADDED TITLE INFO. STE BUILDER: 112 . .Mobile Stick Together 3257 EAST GUASTI ROAD SUITE 20D ONTARIO, CA 91761 SURVEYOR BERTHABE AND ASSOCIATES INC. LAND SURVEYING & MAPPING 3188 AIRWAY AVENUE, SUITE El COSTA MESA, CAUFORNIA 92626 714 557-1567 OFFICE 714 557-1568 FAX JN. 726.030 APPROVALS: APPROVED BY: INITIALS: DATE: LANDLORD: SITE ACE.: ZONING: RF: INTERCONNECT: UTILITY COOR: CONST MGR: PROJECT MG : 'SITE NAME: IE05300—C EASP PROPERTY SITE INFO: SITE ADDRESS: 1531 MOUNTAIN AVE. SAN JACINTO, CA 92581 SHEET TITLE: TOPOGRAPHIC SURVEY (DWG. NAME: (\ IE05300-C DRAVNNG 0: DRAW BY: JP/YT SHEET NUMBER: DATE: :), 09/09/08 1 OF 2 C — 1618.40 EOOP 1618.60 ElP SCALE 1" = 10' `DIRT, `DIRT, 1618.80 E00P `DIRT PILE, 1618.30 NC `DIRT PILE, 161850 `DIRT, 1618.60 N0 1618.80 1617.6 16185D 1618.70 NC NG 1618.70. NC 1618.60 NC 1618.80 NG �-s `ROCK PILE, 1624.00 EORK 1619.20 NO I6I TF, 1616 C1P 627.20 • •\ SIP v As. `GRAVEL, , ,�� s+.e•• W7 663 �6/ 1619.40 NO 1619.20 EORK 161930 `DIRT, 1619.40 NG GEODETIC COORDINATE LOCATION 1619.50 NG 162410 081P 1P 1625.40 DRIP iP `DIRT, 161950 NC 1619.90 EODP `DIRT PILE, `DIRT PtLE, `DIRT, 161920 NG h41 1619.46 N6 `6, -cam 161930 NO 1940. 161990 `DIRT PILE, 1625.00 O61P IP 1619.70 50./ `DIRT, PILE, 1619.70 NC 161990 1619.60 NG / 162030 NO 1619.70 NC 1619.80 1620.10 NG LEGEND: `DIRT. t6t980 NC ACTC TOP OF ASPHALT CURB ACU AIR CONDITIONING UNIT ANT ANTENNA AP% APEX `DIRT, BID BURN' BRN BRANCH BIM BOTTOM BW BACK OF WALK 1619.60 1620.40 CDT CONDUIT NG NG CIF CHAIN LINK FENCE CMN CONCRETE MONUMENT CPD CONCRETE PAD CT CABLE TRAY MR CONTAINER D DIAMETER OR DOOR DRIP DIRT PILE EBX ELECTRICAL BOX 1619.80 1620.40 EM ELECTRICAL METER NC EOD EDGE OF DIRT MOP EDGE OF DIRT PILE EORK EDGE OF ROCK EP EDGE OF PAIFMAENT EVLT EDISON VAULT FD FOUND FRM FRAME CA GUY ANCHOR 1620.20 GCAN GROUND CAN NC SIP GATE POST HSE HOUSE IN INCHES IP IRON PIPE MP MONOPOLE NC NATURAL GROUND It NAIL INC ROCK SHT SHELTER SPK SPIKE STLP STEEL PLATE STP SIEP5 TC TOP OF CURB TC TOP OF GRATE TP TOP TR TREE 1RN TRANSFORMER 1RPN PINE TREE / - TRSR TELCO RISER / 11/LT TELCO VAULT / UP TOP OF WALL UP UDUTY POLE WHIP OIANI WHIP ANTENNA IMF WROUGHT IRON FENCE ANTENNA MEM BLOCK WALL -o- CHAIN LINK FENCE CENTERLINE ® FOUND MONUMENT a GRATE �-, GUY ANCHOR _= UTILITY POLE -O- WROUGHT IRON FENCE SEE SHEET c 1 FOR BOUNDARY AND TITLE INFO. J (REV: DATE/BY: REVISION DESCRIPTION: 09/09/08 YT ISSUED FOR REVIEW 2 10/06/D8 BH ADDED TITLE INFO. SITE B R: obile Stick Together 3257 EAST GUAS11 ROAD SUITE 200 ONTARIO, CA 91761 SURVEYOR BE NAM AND ASSOCIATES. ING LAND SURVEYING & MAPPING 3188 AIRWAY AVENUE, SUITE El COSTA MESA, CALIFORNIA 92626 714 557-1567 OFFICE 714 557-1558 FAX JN. 726.030 APPROVALS: APPROVED BY: INITIALS: DATE LANDLORD: : SITE ACO.: ZONING: RE: INTERCONNECT: UTILITY COOK: CONST MGR: PROJECT MGR SITE INFO: SITE NAME: IE05300-C REASH PLOP :TY SITE ADDRESS: 1531 MOUNTAIN AVE. SAN JACINTO, CA 92581 SHEET TITLE TOPOGRAPHIC SURVEY DWG. NAME: IE05300-C DRAWING INFO: DRAWN BY: JP/YT SHEET NUMBER: DATE 09/09/08 2OF2 C-2 ) 1E05300 REASER 1 53 1 MOUNTAIN AVENUE SAN JACINTO CA 9256 1 TISTIC AEsims,com 8779AE sims L 5 - re. ,•• 02008 Google Maps -5; k ;,534.333 4-4 . - .3,3333,3.333.43.4;- 3334343.353.35-3 *4 4,453 33„ 3;35334,3'3 3.;; 3.3 3,4,X,33 '4*-- - g333:33 - 'g";"5533Agg-5g4;73',gi--,5g'45-g--3s-5_ LOOKING NORTH FROM NEAR SITE ACCURACY OF PHOTO SIMULATION BASED UPON INFORMATION PROVIDED BY PROJECT APPLICANT. E05300 REASER 1531 MOUNTAIN AVENUE SAN JACINTO CA 92581 AEsims cam 8771AE,sims , -44-444,40.44 .0-44444 ©2008 Google Maps 44,4 -44,44,4-4 PROPOSED EQUIPMENT ENDLEISURE BEYOND -..... 4.44-4444ftx4",- LOOKING NORTHEAST FROM MOUNTAIN AVENUE ==-=` S D MONEJELM TREES 4.4 , - -44" 444444,,'.4...v.-4444.,44.44-4_4-,..-44.,--44.4444-444..-444,4-.-'44--,4-4.444 -4.4.44444444. ACCURACY OF PHOTO SIMULATION BASED UPON INFORMATION PROVIDED SY PROJECT APPLICANT. *J. E05300 REASER 1 5 3 1 MOUNTAIN AVENUE BAN JACINTO CA 92581 TISTIC AEsims com 877,9AE sims ;." P. 17" ©2008 Google Maps PEN gligEggSgg LOOKING EAST FROM MOUNTAIN AVENUE 444 tt-pg.,"--SA44"1.4t44,4* S-- ACCURACY Or PHOTO SIMULATION BASED UPON INFORMATION PROVIDED BY PROJECT APPLICANT. 15505 SAND CANYON AVENUE BUILDING D, 1ST FLOOR IRVINE, CALIFORNIA 92618 THE PROPOSED PROJECT INCLUDES: • • • • • • • • • INSTALLATION OF (18) VERIZON WIRELESS PANEL ANTENNAS AT A 53' CENTERLINE MOUNTED ON A NEW 55' BROADLEAF MONOIREE. TOP OF BRANCHES NOT TO EXCEED 60' INSTALLATION INSTALLATION INSTALLATION INSTALLATION INSTALLATION INSTALLATION OF A VERIZON WIRELESS PARABOUC ANTENNA OF A VERIZDN WIRELESS 11'-6' X 16' EQUIPMENT SHELTER OF (2) VERIZON WIRELESS GPS ANTENNAS OF A VERIZON WIRELESS 6' DECORATIVE BLOCK WALL OF A VERIZON WIRELESS 4' WIDE WROUGHT IRON GATE OF A VERIZON WIRELESS 5' X 8' CONCRETE PAD FOR A FUTURE GENERATOR COAXIAL CABLE RUNS FROM RADIOS TO ANTENNAS NEW TELEPHONE CONDUIT RUN TO CABINETS NEW 200A DEDICATED ELECTRICAL SERVICE TO METER PROJECT DESCRIPTION MORENO ALLEY OOCRES II PROPOSED LOCAT;tw gtE RLOCGETT ST l cc VICINITY MAP APPLICANT/LESSEE VERIZON WIRELESS 15505 SAND CANYON AVENUE BUILDING D, 1ST FLOOR IRVINE, CAUFORNIA 92618 (949)286-7000 PROPERTY INFORMATION OWNER: CALVIN AND DEBORAH SMITH 1209 W. RAMONA EXPRESSWAY SAN JACINTO, CALIFORNIA 92582 CONTACT: CALVIN SMITH PHONE: (951) 654-1974 AREA OF CONS-RUC-110N:900± SQ. FT. OCCUPANCY TYPE: CONSTRUCTION TYPE: CURRENT ZONING: JURISDICTION: LOCATION: S-2 V-8 COMMERCIAL (C-2) CITY OF SAN JACINTO LAT: 33' 48' 31.73 N. NAD 83 LONG: 116' 58' 52.95" W. NAD 83 APN: 431-040-032 HANDICAP REQUIREMENTS: FACILITY IS UNMANNED AND NOT FOR HUMAN HABITATION. HANDICAPPED ACCESS NOT REQUIRED. PROJECT INFORMATION EQUIPMENT LOCATION: ❑ OUTDOOR ■ INDOOR EQUIPMENT SHELTER: ANTENNA LOCATION: IS YES C7NO ❑ NEW MONOPOLE CI SELF SUPPORT TOWER ❑ EXISTING MONOPOLE ❑ ROOF TOP ❑ EXISTING TOWER ■ OTHER: BROADLEAF MONOIREE PROJECT SUMMARY 2 AN JACINT • W. RAMONA EXPRESSWAY AN JACINTO, CALIFO'NIA 92582 ALL WORK ANO MATERIALS SHALL BE PERFORMED AND INSTALLED IN ACCORDANCE WITH THE CURRENT EDITIONS OF THE FOLLOWING CODES AS ADOPTED BY THE LOCAL GOVERNING AUTHORITIES. NOTHING IN THESE PLANS IS TO BE CONSTRUED TO PERMIT WORK NOT CONFORMING TO THESE CODES. 1. 2007 CALIFORNIA ADMINISTRATIVE CODE 2. 2007 CBC BASED ON THE 2D06 IBC 3. 2007 CEC BASED ON THE 2005 NEC 4. 2007 CMC BASED ON THE 2006 UMC 5. 2007 CPC BASED ON THE 2006 UPC 6. 2007 CAUFORNIA ENERGY CODE 7. 2007 CFC BASED ON THE 2D06 IFC CODE COMPLIANCE SITE ACQUISITION/ PLANNING SPECTRUM SURVEYING & ENGINEERING 11959 MARIPOSA RD., SUITE 1 HESPERIA, CALIFORNIA 92345 RANDI NEWTON PHONE: (760) 947-3358 FAX: (760) 947-3359 CIVIL ENGINEER SPECTRUM SURVEYING & ENGINEERING 8905 W POST RD., SUITE 100 LAS VEGAS, NEVADA 89148 CHRIS WENER PHONE: (702) 367-77D5 FAX: (702) 367-8733 STRUCTURAL ENGINEER: T.B.D. ELECTRICAL ENGINEER. SPECTRUM SURVEYING & ENGINEERING 8905 W POST RD., SUITE 100 LAS VEGAS, NEVADA 89148 RICHARD TOMASIELLO PHONE: (7D2) 363-9530 SURVEYOR: PROACTIVE ENGINEERING CONSULTANTS 1875 CALIFORNIA AVENUE, CORONA CALIFORNIA, 92881 PHONE: (951) 280-3300 IT A PROJECT TEAM SHEET DESCRIPTION REV. Ti TITLE SHEET A / 1 Al SITE PLAN A2 ENLARGED SITE PLAN A ! l A3 SITE DETAIL, ANTENNA & CABLE SCHEDULE AND ANTENNA LAYOUT A4 NORTHWEST ANO SOUTHWEST ELEVATIONS ! 1 A5 SOUTHEAST AND NORTHEAST ELEVATIONS A ISSUED FOR: SHEET INDEX ZONING TITLE SIGNATURE DATE RF ENGINEER REAL ESTATE PROPERTY OWNER ZONING APPROVAL CONSTRUCTION DIRECTOR ADDITIONAL APPROVAL APPROVAL LIST 15505 SAND CANYON AVENUE BUILDING D, 1ST FLOOR IRVINE, CALIFORNIA 92618 -PROJECT INFORMATION: SAN JACINTO 1209 W. RAMONA EXPY. SAN JACINTO, CALIFORNIA 92582 -CURRENT ISSUE DATE: 10/31/08 -ISSUED FOR: -REV.: =DATE:=DESCRIPTION:=BY:- ZONING A10/31/08 ZONING REVISIONS J.H. A09/03/08 1 DO% ZONING J.H. A08/20/D8 90% ZONING J.H. =PLANS PREPARED BY: SURVEYING & ENGINEERING 8905 W POST RD., SUITE 100 LAS VEGAS, NEVADA 89148 PH. (702) 367-7705 FAX (702) 367-8733 -DRAWN BY:=CHK.: APV.: LJ. HOOKS -LICENSURE: M. CEFALU C. WENER =SHEET TITLE. TITLE SHEET =SHEET NUMBER: REVISION:- 2 LAX-177 LEGAL DESCRIPTION PARCEL 3 AS SHOWN BY RECORD OF SURVEY ON FILE IN BOOK 54 PAGE 72 OF RECORDS OF SURVEY. IN THE COUNTY OF RIVERSIDE, STATE OF CAUFORNIA. EXCEPTING THEREFROM THE SOUTHWESTERLY 112 ttEI AS CONVEYED TO THE COUNTY OF RIVERSIDE BY DEED RECORDED MARCH 26, 1973 AS INSTRUMENT NO. 53066 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CAUFORNIA. TOGETHER WITH AN UNDIVIDED 1/4 INTEREST IN A WATER WELL, PUMP AND PUMP HOUSE (EXACT LOCATION IS INDETERMINATE); AN EASEMENT FOR THE MAINTENANCE OF WATER LIMES TO SAID WELL OVER PARCELS 1 AND 2 (EXACT LOCATION IS INDETERMINATE). BASIS OF BEARINGS: THE CENTERLINE OF RAMONA EXPRESSWAY, BEING NORTH 44'58'12" WEST, WAS USED AS THE BASIS OF BEARINGS FOR THIS SITE. SAID BEARING WAS ESTABLISHED FROM CONTINUOUSLY OPERATING REFERENCE STATIONS (CORD) PER RECORDS PUBLISHED BY THE NATIONAL GEODETIC SURVEY IN REFERENCE TO THE CAUFORNIA COORDINATE SYSTEM (CCS83) ZONE V, NAD 83 (2008.00 EPOCH ADJUSTMENT). UNLESS OTHERWISE NOTED, ALL DISTANCES SHOWN HEREON ARE GROUND. TO OBTAIN GRID DISTANCES, MULTIPLY GROUND DISTANCES BY 0.9999153D. BENCHMARK SURVEY DISK IN CONC - MWDSC 2.5 MILES NW OF SAN JACINTO ON RECORD RD, D.6 MILES W FROM STATE ST. (HWY 79). MARK LIES 3D-FEti N OF RECORD RD. NATIONAL GEODETIC SURVEY BENCHMARK CRA-04 (DX5388) ELEVATION 1492.021 (Ft), NAVD 88 / 1994 ADJ. TITLE REPORT IDENTIFICATION TITLE ITEMS REFERRED TO HEREON ARE BASED ON INFORMATION CONTAINED IN F1OEUTY NATIONAL TITLE COMPANY PRELIMINARY REPORT, ORDER NO. 08-725116415-MH, DATED JULY 10, 2008. THE FOLLOWING DIGEST OF TITLE ITEMS HAS BEEN PREPARED FOR THE CONVENIENCE OF THE USER. FOR FULL PARTICULARS, PLEASE REFER TD THOSE DOCUMENTS REFERENCED THEREIN. PLOTTABLE EASEMENTS OF RECORD ARE INDICATED HEREON AND REFER TO THE CORRESPONDING ITEM NUMBER IN THE REFERENCED TITLE REPORT. EASEMENT NOTES 1. PROPERTY TAXES 2. THE LIEN OF SUPPLEMENTAL TAXES 3. WATER RIGHTS, CLAIMS OR TITLE TO WATER 4. ANY ADVERSE CLAIM BASED UPON ASSERTION THAT PORTIONS OF SAID LAND HAS BEEN AFFECTED BY ACCRETION OR AVULSION DUE TO MOVEMENT OF THE SAN DIEGO AQUEDUCT. 5. RIGHTS OF THE PUBLIC OVER ANY PORTION OF SAKI LAND LYING WITHIN THE BOUNDARIES OF ANY ROAD, STREET, OR HIGHWAY. 6. AN EASEMENT GRANTED TO EACH AND EVERY OWNER OF LAND IN THE RANCHO SAN JACINTO VIEJO FOR DITCHES, FLUMES, DR OTHER AQUEDUCTS, RECORDED NOVEMBER 22, 1882 IN BK. 43, PG. 161 OF DEEDS, RECORDS OF SAN DIEGO COUNTY. (THE EXACT LOCATION OF SAID EASEMENT IS INDtitHMINATE) 7. AN EASEMENT TO A.O. PORTER, ET AL, FOR ROADWAY, DITCHES, AND PIPE LINES RECORDED JULY 18, 1885 IN BK. 52, PG. 59 OF DEEDS, RECORDS OF SAN DIEGO COUNTY. (THE EXACT LOCATION DF SAID EASEMENT IS INDETERMINATE) 0. AN EASEMENT TO THE METROPOLITAN WATER DISTRICT OF SOUTHERN CAUFORNIA RECORDED SEPTEMBER 29, 1958 AS INSTRUMENT ND. 69566 OF OFFICIAL RECORDS. O A RIGHT-OF-WAY ANO EASEMENT FOR AN AQUEDUCT TO THE METROPOLITAN WATER DISTRICT AS SHOWN DN RECORD OF SURVEY BK. 54, PG. 72 AND RECORD DF SURVEY BK. 76, PG. 31, RECORDS OF RIVERSIDE COUNTY. 10. THE FACT THAT THE OWNERSHIP DF SAID LAND DOES NOT INCLUDE RIGHTS OF ACCESS TO RAMONA EXPRESSWAY, EXCEPT AT DESCRIBED ACCESS OPENINGS. 11. AN EASEMENT TO SOUTHERN CAUFORNIA EDISON FOR ELECTRICAL SUPPLY AND COMMUNICATION SYSTEMS RECORDED DECEMBER 5, 1978 AS INSTRUMENT ND. 255491. OFFICIAL RECORDS. 12 AN EASEMENT TD GENERAL TELEPHONE COMPANY FOR POLE LINES AND UNDERGROUND FACILITIES RECORDED FEBRUARY 21, 1975 AS INSTRUMENT NO. 35265, OFFICIAL RECORDS. 13. ANY BOUNDARY DISCREPANCIES OR RIGHTS WHICH MAY ARISE FROM RECORD OF SURVEY BK. 54, PG. 72. 14. REFERENCE TO NO INSURANCE BEING EXTENDED TO COVER THE WELL SITE DESCRIBED IN THE LEGAL DESCRIPTION. 15. A DEED OF TRUST RECORDED JANUARY 10, 2003 AS INSTRUMENT ND. 020269, OFFICIAL RECORDS. 16. A DEED OF TRUST RECORDED NOVEMBER 8, 2005 AS INSTRUMENT NO. 2005-0926150, OFFICIAL RECORDS. 17. THE FACT THAT SAID LAND IS INCLUDED WITHIN THE JACINTO REDEVELOPMENT PROJECT AREA PER DOCUMENT RECORDED DECEMBER 26, 2007 AS INSTRUMENT NO. 2D07-0764103, OFFICIAL RECORDS. 18. REFERENCE TO LIENS AND JUDGMENTS... 19. REFERENCE TO A STATEMENT OF INDORMATION... / �//./* EXISTING CHAINLINK GATE AND VERIZON WIRELESS POINT OF ACCESS APN: 436-070-009 ZONED: COMMERCIAL (C-2) CURRENT USE: AUTO SHOP / / / / / / 71.-D" APN: 436-070-012 ZONED: RESIDENTIAL (R-1) CURRENT USE: VACANT EXISTING CHAIN LINK FENCE APN: 431-040-030 (436-070-001) ZONING: COMMERCIAL (C-2) CURRNET USE: OFFICE EXISTING CHAIN LINK FENCE APN: 431-040-D30 (436- 070-001) ZONING: TRAILS (SP) CURRNET USE: VACANT EXISTING BUILDING EXISTING BUILDING APN: 436-091-02D PARK APN: (436-070-002) ZONING: COMMERCIAL (C-2) CURRENT USE: RESIDENTIAL PROPOSED VERIZON WIRELESS 12' WIDE NON-EXCLUSIVE ACCESS EASEMENT FROM PUBLIC RIGHT-OF-WAY EXISTING WOODEN FENCE ZONING: 06' 431-040-032 (436-070-004) CURRENT ZONING: / CURRENT USE: iz // BUILDING 431-040-033 ZONING: COMMERCIAL (C-2) CURRENT USE: EXISTING BUILDING APN: 433-391-014 ZONING: PARK EXISTING BLOCK WALL APN: 433-391-D13 APN: 433-391-D11 ZONED: RESIDENTIAL (R-1) APN: 433-391-009 ZONED: RESIDENTIAL (R-1) LEGEND OHP XXXX 923 LEASE AREA CENTERLINE EASEMENT RIGHT-OF-WAY SECIION LINE PROPERTY LINE OVERHEAD POWER EXISTING CHAINLINK FENCE PROP OSED CHAINLINK FENCE PROPOSED WROUGHT IRON FENCE EXISTING I' CONTOUR EXISTING 5' CONTOUR EXISTING BLOCK WALL PROPOSED BLOCK WALL FIRE HYDRANT PARKING LOT AREA LIGHT OFFICIAL RECORD POWER POLE 1-T cc GRAPHIC SCALE 0 50 100 200 MI 111111M1111111M 400 15505 SAND CANYON AVENUE BUILDING D, 1ST FLOOR IRVINE, CALIFORNIA 92618 --PROJECT INFORMATION: SAN JACINTO 1209 W. RAMONA EXPY. SAN JACINTO, CALIFORNIA 92582 =CURRENT ISSUE DATE: =ISSUED FOR: ZONING /2\ 10/31/08 ZONING REVISIONS J.H. =PLANS PREPARED BY: STRui-,A1 SURVEYING & ENGINEERING 8905 W POST RD., SUITE 100 LAS VEGAS, NEVADA 89148 PH. (702) 367-7705 FAX (702) 367-8733 J. HOOKS M. CEFALU C. WENER CENSURE: SITE PLAN HEET NUMBER. 2 SITE PLAN SCALE: LAX-177 N i APN: (436-070-002) ZONING: COMMERCIAL (C-2) CURRENT USE: RESIDENTIAL EXISTING CHAIN LINK FENCE EXISTING CHAIN LINK FENCE EXISTING ANIMAL PENS PROPDSED VERIZON WIRELESS—.. / 12' WIDE NON—EXCLUSIVE AC\ / ACCESS EASEMENTNTFROM / PUBLIC RIGHT—OF—WAY / / / / / EXISTING SHED % (14980 sr/ . \. PROPOSED VERIZON WIRELESS (18) PANEL ANTENNAS AT A 53' CENTERLINE MOUNTED ON A NEW 55' BROADLEAF MONOTREE„ (TOP OF BRANCHES NOT TO EXCEED 601 (1498)— / / / / APN: 431-040-032 (436-070-004) CURRENT ZONING: COMMERCIAL (C2) CURRENT USE: RESIDENTIAL EXISTING ANIMAL PEN APN: 431-040-033 (436-070-005) ZONING: COMMERCIAL (C-2) CURRENT USE: VACANT EXISTING TREES, TO REMAIN PROPOSED VERIZON WIRELESS 30' X 30' (±900' S0. FT.) LEASE AREA z Z GRAPHIC SCALE 25 0 12.5 25 50 0- 1D0 ( IN FEET ) 1" = 50 ' ENLARGED SITE PLAN SCALE: 1 15505 SAND CANYON AVENUE BUILDING D, 1ST FLOOR IRVINE, CALIFORNIA 92618 —PROJECT INFORMATION: SAN JACINTO 1209 W. RAMONA EXPY. SAN JACINTO, CALIFORNIA 92582 =CURRENT ISSUE DATE: 1 0/31 /08 =ISSUED FOR: ZONING REV.: SATE:=DESCRIPTION: BY:— \ 10/31/08 ZONING REVISIONS J.H. \ 09/03/08 100% ZONING J.H. / " 1 08/20/08 90% ZONING J.H. LANS PREPARED BY: SPE�TR6It,/� SURVEYING & ENGINEERING 8905 W POST RD., SUITE 100 LAS VEGAS, NEVADA 89148 PH. (702) 367-7705 FAX (702) 367-8733 -DRAWN BY:=CHK.:—APV.:= M. CEFALU —LICENSURE: J. HOOKS C. WENER =SH!±I TITLE. ENLARGED SITE PLAN —SHEET NUMBER REVISION 2 LAX-177 1" = 50' SECTOR AZIMUTH # OF ANTENNAS CENTERLINE COAXIAL CABLE LENGTH CABLE SIZE COLOR CODE TOP JUMPER LENGTH BOTTOM JUMPER LENGTH COMMENTS SECTOR A 110' 6 60' 73' (6) 7/8" COAX REO/RED REO/GREEN 5' 15' SECTOR B 230' 6 60' 73' (6) 7/8" COAX BLUE/GREEN BLUE/RED 5` 15' SECTOR C 350' 6 60' 73' (6) 7/8" COAX YELLOW/GREEN YELLOW/RED 5' 15' PARABOLIC ANTENNA . . GPS N/A 1/2" COAX GRAY MOTEL CONTRACTOR TO FIELD VERIFY CABLE LENGTHS PRIOR TO OROERING, FABRICATION, OR INSTALLATION OF CABLES. 15505 SAND CANYON AVENUE BUILDING D, 1ST FLOOR IRVINE, CALIFORNIA 92618 —PROJECT INFORMATION: SAN JACINTO 1209 W. RAMONA EXPY. SAN JACINTO, CALIFORNIA 92582 =CURRENT ISSUE DATE: ANTENNA LAYOUT SCALE: 1"= 10' 3 ANTENNA AND CABLE SCHEDULE SCALE: • PROPOSED VERIZON WIRELESS 12' WOE NON-EXCLUSIVE \ \ ACCESS EASEMENT DN \ EXISTING ROAD TO WEST \\ RAMONA EXPRESSWAY \ \ O \ \ / \\ \\ / \\ \ \ 0"\\ \\ PROPOSED VERIZDN WIRELESS -�C \ e NON-EXCLUSIVE PARKING SPACE \ \ \\ \ \ \ \\ PROPOSED VERIZDN WIRELESS \\ \\ 4' WROUGHT IRON GATE \ / PROPOSED VERIZON WIRELESS 5' X 8' CONCRETE PAO FOR A FUTURE GENERATOR \ \ PROPOSED VERIZON WORKUGHT WITH TIMER (TYP OF 2) PROPOSED VERIZON WIRELESS TELCO CABINET MOUNTED ON AN H-FRAME a♦ SITE DETAIL \ ,10 PROPOSED VERIZON WIRELESS (18) PANEL ANTENNAS AT A 53' CENTERLINE MOUNTED ON A NEW 55' BROADLEAF MONOTREE. TOP OF BRANCHES NOT TO EXCEED 60'. PROPOSED VERIZON WIRELESS PARABOLIC ANTENNA i PROPOSED VERIZON WIRELESS 11'-6" X 16' EQUIPMENT SHELTER ON A CONCRETE PAD (STANDARD 'A') 1498.5 0• `0. PROPOSED VERIZON WIRELESS COAX SUPPORT II I I I I I I• 3 PROPOSED VERIZON WIRELESS 30' X 30' (900 SQ. FT.) LEASE AREA WITHIN A PROPOSED VERIZON WIRELESS 6' DECORATIVE BLOCK WALL PROPOSED VERIZON WIRELESS GPS ANTENNA MOUNTED TO SHELTER (TYP 2) // 5 LEGEND OHP XXSx ■ O.R. NONE LEASE AREA CENTERLINE EASEMENT RIGHT-OF-WAY SECTION LINE PROPERTY UNE OVERHEAD POWER EXISTING CHAINLINK FENCE PROPOSED CHAINLINK FENCE PROPOSED WROUGHT IRON FENCE EXISTING 1' CONTOUR EXISTING 5' CONTOUR EXISTING BLOCK WALL PROPOSED BLOCK WALL FIRE HYDRANT PARKING LDT AREA LIGHT OFFICIAL RECORD POWER POLE GRAPHIC SCALE 0 2.5 5 10 2 20 IM N FEET ) 10 ' SCALE: 1 10/31/08 =ISSUED FOR: ZONING =REV.: SATE:=DESCRIPTION:=BY:= A10/31/08 ZONING REVISIONS J.H. A09/03/08 100% ZONING J.H. A08/20/08 90% ZONING J.H. rJ LANS PREPARED BY: SURVEYING & ENGINEERING 8905 W POST RD., SUITE 100 LAS VEGAS, NEVADA 89148 PH. (702) 367-7705 FAX (702) 367-8733 RAWN BY: =CHK.: M. CEFALUIC. —LICENSURE: . HOOKS APV.: WENER =SHEET TITLE: SITE DETAIL, ANTENNA & CABLE SCHEDULE AND ANTENNA LAYOUT —SHEET NUMBER: REVISION. 2 LAX-177 1" = 10' BASE OF POLE TO BE PAINTED TO MATCH BRANCHES PROPOSED VERIZON WIRELESS 55' BROADLEAF MONOTREE, TOP OF BRANCHES NOT TO EXCEED 60'. PROPOSED VERIZON WIRELESS PANEL ANTENNAS AT A 53' CENTERUNE TO BE PAINTED TO MATCH FOLIAGE PROPOSED VERIZON WIRELESS 4' PARABOLIC ANTENNA TO BE PAINTED TO MATCH FOILAGE FUTURE ANTENNAS, (BY OTHERS) EXISTING TREES c2 — f ' :`. , %' a` * �fti�-- -- rfer • PROPOSED VERIZON WIRELESS COAX SUPPORT PROPOSED VERIZON WIRELESS 11'-6" X 16' EQUIPMENT SHELTER ON A CONCRETE PAD (STANDARD 'A') PROPOSED VERIZON WIRELESS GPS ANTENNA MOUNTED TO SHELTER (TYP 2) PROPOSED VERIZON WIRELESS 6' DECORATIVE BLOCK WALL l/— I PROPOSED VERIZON WIRELESS 5' X 8' CONCRETE PAD FOR A FUTURE GENERATOR II �*iTITI��T-pp il; U a III I 1 I —III —I i . y I 1-1 11-1 11=i 1=1 11=1 11-1 I f=1 11-111 PROPOSED VERIZON WIRELESS 4' WIDE WROUGHT IRON GATE HMI EXISTING TREES EXISTING zr— CHAINLINK FENCE An. Marl!!! PROPOSED VERIZON WIRELESS 55' BROADLEAF MONOTREE, TOP OF BRANCHES NOT TO EXCEED 60'. PROPOSED VERIZON WIRELESS PANEL ANTENNAS AT A 53' CENTERUNE TO BE PAINTED TO MATCH FOUAGE PROPOSED VERIZON WIRELESS 4' PARAB DLIC ANTENNA TO BE PAINTED TO MATCH FOILAGE EXISTING TREES FUTURE ANTENNAS, (BY OTHERS) BASE OF POLE TO BE PAINTED TO MATCH BRANCHES I—III-1 I I—� 111=1 I-1 1; PROPOSED VERIZON WIRELESS 5' X 8' CONCRETE PAD FOR A FUTURE GENERATOR PROPOSED VERIZON WIRELESS GPS ANTENNA MOUNTED TO SHELTER (TYP 2) PROPOSED VERIZON WIRELESS 6' DECORATIVE BLOCK WALL -I 11-1 I I-1 I I-1 11= PROPOSED VERIZON WIRELESS COAX SUPPORT NORTHWEST ELEVATION SCALE: = 10' 2 SOUTHWEST ELEVATION SCALE: 15505 SAND CANYON AVENUE BUILDING D, 1ST FLOOR IRVINE, CALIFORNIA 92618 -PROJECT INFORMATION: SAN JACINTO 1209 W. RAMONA EXPY. SAN JACINTO, CALIFORNIA 92582 -CURRENT ISSUE DATE: 10/31/08 =ISSUED FOR: ZONING =REV.: =DATE:=DESCRIP11ON =BY: - A A 10/31/0B 09/03/08 08/20/0B ZONING REVISIONS 100% ZONING 90% ZONING =PLANS PREPARED BY: J.H. J.H. J.H. SURVEYING & ENGINEERING 8905 W POST RD., SUITE 100 LAS VEGAS, NEVADA 89148 PH. (702) 367-7705 FAX (702) 367-8733 -DRAWN BY:=CHK.: APV.: LJ. HOOKS -UCENSURE: M. CEFALU C. WENER =SHEET TITLE: NORTHWEST & SOUTHWEST ELEVATIONS =SHEET NUMBER: REVISION.- 2 LAX-177 1 ° = 10' wireless 15505 SAND CANYON AVENUE BUILDING D, 1ST FLOOR IRVINE, CALIFORNIA 92618 =PROJECT INFORMATION: SAN JACINTO 1209 W. RAMONA EXPY. SAN JACINTO, CALIFORNIA 92582 -CURRENT ISSUE DATE: 10/31/08 ISSUED FOR: -REV.: =DATE:=DESCRIPT1ON =BY:- PROPOSED VERIZON ;^ WIRELESS GPS ANTENNA MOUNTED TO Air' SHELTER QITYP 2 -"N., nmummimuniuknismumn IIIMINEDOOLVIEINKIMICOMOIMIG I iI ,Ih,„jlr.,Irl..,il IIII (I III III- 1,111E 11-I I I I I I PROPOSED VERIZON WIRELESS 11'-6" X 16' EQUIPMENT SHELTER ON A CONCRETE PAD (STANDARD 'A') NORTHEAST ELEVATION EXISTING TREES PROPOSED VERIZON WIRELESS 55' BROADLEAF MONOTREE, TOP OF BRANCHES NOT TO EXCEED 60'. PROPOSED VERIZON WIRELESS PANEL ANTENNAS AT A 53' CENTERUNE TO BE PAINTED TO MATCH FOLIAGE PROPOSED VERIZON WIRELESS 4' PARABOLIC ANTENNA TO BE PAINTED TO MATCH FOILAGE FUTURE ANTENNAS. (BY OTHERS) PROPOSED VERIZON WIRELESS COAX SUPPDRT PROPOSED VERIZON WIRELESS 6' DECORATIVE BLOCK WALL 7///''' EXISTING / CHAINUNK FENCE 1-ri 1-1il- 1=I I I=1 BASE OF POLE TO BE PAINTED TO MATCH BRANCHES SCALE: 10' 2 EXISTING TREES 14,11 ifI -II -II 11 111i l 1-111 SOUTHEAST ELEVATION PROPOSED VERIZON WIRELESS 5' X 8' CONCRETE PAD FOR A FUTURE GENERATOR PROPOSED VERIZON WIRELESS 55' BROADLEAF MONOTREE, TOP OF BRANCHES NOT TO EXCEED 60'. PROPOSED VERIZON WIRELESS PANEL ANTENNAS AT A 53' CENTERLINE TO BE PAINTED TO MATCH FOLIAGE PROPOSED VERIZON WIRELESS 4' PARABOLIC ANTENNA TO BE PAINTED TO MATCH FOILAGE EXISTING TREES, FUTURE ANTENNAS, TO REMAIN (BY OTHERS) BASE OF POLE TO BE PAINTED TO MATCH BRANCHES PROPOSED VERIZON WIRELESS GPS ANTENNA MOUNTED TO SHELTER (TYP 2) PROPOSED VERIZON WIRELESS 6' DECORATIVE BLOCK WALL -I I I IIIII III 111 SCALE 1 A ZONING 10/31/08 09/03/06 08/20/08 ZONING REVISIONS 100% ZONING 90% ZONING -PLANS PREPARED BY: J.H. J.H. J.N. SURVEYING & ENGINEERING 8905 W POST RD., SUITE 100 LAS VEGAS, NEVADA 89148 PH. (702) 367-7705 FAX (702) 367-8733 -DRAWN BY:=CHK.: APV.: LJ. HOOKS ' M. CEFALUIC. WENER -LICENSURE: =SHEET TITLE. SOUTHEAST & NORTHEAST ELEVATION S =SHEET NUMBER: REVISION - 2 LAX-177 SAN JACINTO I 209 W. RAMONA EXPRESSWAY SAN JACINTO, CALIFORNIA 92582 LOCATION MA EXISTING VIEW 8905 W. POST ROAD SUfTE 100 LAS VEGAS, NEVADA 89148 OFFICE: (702) 367-7705 FAX: (702) 367-8733 VIEW I venzgriwireless 1505 SAND CANYON AVENUE BUILDING D, 1ST FLOOR IRVINE, CALIFORNIA 92618 SAN JACINTO I 209 W. RAMONA EXPRESSWAY SAN JACINTO, CALIFORNIA 92582 LOCATION MAP EXISTING VIEW 8905 W. POST ROAD SUITE 100 LAS VEGAS, NEVADA 89148 OFFICE: (702) 367-7705 FAX (702) 367-8733 VIEW 2 venzconwireless 1505 SAND CANYON AVENUE BUILDING D, 1ST FLOOR IRVINE, CALIFORNIA 92618 SAN JACINTO 1209 W. RAMONA EXPRESSWAY SAN JACINTO, CALIFORNIA 92582 LOCATION MAP VIEW 3 liamdc t Z. 5 -oci ITEM 4.2 MEMORANDUM To: Mayor and Members of the City Council From: David Clayton, Information Planner Via Asher Hartel, Planning Director Date: February 5, 2009 Subject: Public Hearing Item 4.2 - Conditional Use Permit 12-08 Based on recent discussion with the City Engineer, Planning Staff would like to add the following condition: Prior to the issuance of a Building Permit The facility shall be moved 11 feet back from the location shown on the site plan in order to be setback at least 10 feet from the ultimate right-of- way/property line along the Ramona Expressway. A revised site plan shall be submitted for review and approval of the Planning Department and the City Engineer. ITEM 4.2 MEMORANDUM To: Mayor and Members of the City Council From: David Clayton, Information Planner Via Asher Hartel, Planning Director Date: February 5, 2009 Subject: Public Hearing Item 4.2 - Conditional Use Permit 12-08 Based on recent discussion with the City Engineer, Planning Staff would like to add the following condition: Prior to the issuance of a Building Permit The facility shall be moved 11 feet back from the location shown on the site plan in order to be setback at least 10 feet from the ultimate right-of- way/property line along the Ramona Expressway. A revised site plan shall be submitted for review and approval of the Planning Department and the City Engineer. Z -09 •sl I am here as a concerned citizen of a community directly affected by the proposed fee -to -trust transfer of the Soboba Tribe's land. Since the present casino opened, the traffic and crime statistics have dramatically increased. The documents I have given you come from a report developed by a group called SOC, Save Our Communities. They are for the area including the Soboba Reservation and the surrounding three communities off of Lake Park and Soboba Road. The first is a chart developed by Lt. Vest which shows the increase in arrest statistics and calls for service from June, 2004 to June, 2007. Arrests jumped from 8 in 2004 to 368 in 2007. Calls for Service increased from 92 in 2004 to 258 in 2007. The second page shows traffic statistics for Lake Park Drive from a survey the City commissioned by RK Engineering in 2008. In one day, there were 15,019 vehicles counted on Lake Park Drive. The third page shows traffic statistics for Soboba Road for that same day. There were 6036 vehicles on that road. That is a total of 21,055 in one day on the two roads feeding into the casino. We clearly have a crime and traffic problem in our area that is costing the city greatly in police services, road maintenance and quality of life issues. Thank you for your support in our effortsmot add a large commercial development into this residential area and compound these problems that are on a steady rise. San Jacinto Calls for Service and Arrest Analysis for the San Jacinto Police Department (June 2004 — December 2007). In response to a community request, I have completed an analysis of the arrest statistics, response times, and police calls for service in this part of the city. This subdistrict is defined as the incorporated areas of the City of San Jacinto east of the Ramona Expressway. All calls for service do not result in a written report by responding officers. Incidents involving a felony crime, a theft, or any other crime as required by the FBI for Uniform Crime Report are required to be documented by department policy. Iniury traffic collisions occurring on the roadway are also documented in accordance with state requirements, Non -criminal incidents may be documented at the discretion of the officer depending on the circumstances of each incident. Arrest Statistics by Source 6/04 - 1/06 - 1 2104 j 1 2J06 1/06 - L1206 1/07- 12107 Total Calls for Service 2 2 5 Proactive Misd o Felony)i5 itations 17 36 54 112 3 31 146 309 j 489 Total 8 50 1 610 Calls for Service Summary Incident 6/04 -12 4 en 17 1/05 - 12/05 25 1/06 -12/06 34 7-6/07 35 Total Non Written 75 Total 92 127 175 223 152 209 258 711 Monthly Avg 13 13 17 22 23 Call Priority Descriptions for Response Time Chart • Priority 1 — Circumstances that pose or did pose a defined threat to life or property and involve a high level of violence. • Priority 'IA — Circumstances that pose or did pose a defined threat to human life or property. Priority 2 - Circumstances of an urgent, but riot life threatening nature. • Priority 3 - Circumstances which are neither urgent nor life threatening. • Priority 4 - Calls regarding crimes that have occurred sometime in the past. Volumes for: Thursday, May 08, 2008 City: San Jacinto Location: Lake Park Dr btwn Soboba Rd & Ramona Expy 00:00 00,15 00:30 00:45 28 31 35 25 70 43 49 119 42 1200 12:15 12:30 323 12:45 Project #: 08-3121-001 86 97 B2 100 86 10z.? 2 366 97 403 769. 01:00 14 46 01:15 20 42 01:30 18 42 01:45 22 74 42 72 13:00 99 105 13:15 108 89 13:30 110 113 246 13:45 95 412 99 4 02:00 13 58 14:00 02:15 15 22 14:15 02:30 9 16 14:30 02:45 6 43 22 118 161 14:45 818 91 120 110 110 98 121 91 390 101 452 842 03:00 12 19 1500 03:15 9 17 15:15 03:30 11 18 15:30 03:45 8 40 17 71 111 15:45 104 133 109 111 114 143 111 438 120 507 945 04:00 9 23 16:00 98 153 04:15 14 19 16:15 95 155 04:30 25 21 1630 103 151 04:45 31 79 29 92 17116:45 107 130 5)39 992 05:00 47 31 17:00 124 144 05:15 35 2/3 17:15 105 137 05:30 50 31 1730 96 140 05:45 64 1.96 45 135 331 17:45 120 445 118 539 984 06:00 54 38 18:00 104 150 06:15 84 52 16: /5 123 109 06:30 92 60 16:30 111 109 06:45 _ 105 335 63 213 548 18:45 125 464 130 498 07;00 98 72 19:00 125 94 07:15 123 62 19:15 81 93 07:30 136 93 19:30 84 104 07:45 138 495 106 353 848 19:45 89 379 96 387 08:00 158 87 20:00 95 65 08:15 102 75 20:15 71 68 08:30 128 113 20:30 90 86 08:45 196 494 79 354 848 20:45 71 327 66 285 09:00 09:15 09:30 09A5 102 79 133 92 406 63 77 65 84 10:00 103 83 10:15 81 84 10;30 78 73 10:45 74 336 73 313 21:00 70 60 21:15 73 61 21:30 74 78 695 21:45 69 286 67 22:00 59 130 2215 50 123 22:30 61 62 649 22:45 79 249 87 422 952 766 612 552 671 11:00 101 78 23:00 50 68 11:15 99 91 23:15 64 62 11:30 112 89 23:30 36 64 11:45 84 396 89 347 743 23:45 42 9 46 240 Total Vol. 3013 2661 5674 S lit °A) 53.1% 46.941) Palk Hour 07:15 1145 Volume 555 395 P.N.M. 0.3B 3.91 37.8% 07:15 923 0.64 4351 NB 4994 SB Daily To ER 4 2 9345 WB Combined 7'364 7655 PM 15019 46.6% 53.4% 19.715 16:00 465 589 0.96 0.95 62.21/o 16:19 1009 0.94 CITY OF SAN JACINTO February 5, 2009 BALLOT LOG APN Tract Number Property Owner Name Consent & Waiver Received Amount of Annual Assessment "Yes" Votes No Votes Ii 0-053- 3, -4 -4 Parkside Medical Center Yes f r Total Amount of Annual Assessment: The Annexation passes if the landowners with the majority dollar amount of Annual Assessment costs vote in fay S:\Special Districts\Forms\ballot spread sheet.xlsAD Ballot Log MEMORANDUM TO: The Honorable Mayor and City Council Members FROM: Dorothy Chouinard, City Clerk-V DATE: February 5, 2009 SUBJECT: February 5, 2009 CC Agenda Item 4.2 — two missing attachments and one extra Please find attached for the agenda item 4.2 the following: 1) Planning Commission Resolution 08-35 2) Planning Commission Staff Report dated 12-11-08 for CUP 12-08 3) Planning Commission Minutes from December 11, 2008 (not designated in the original attachments) Thank you! RESOLUTION NO. 08-35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JACINTO, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT A NEW 55 FOOT HIGH BROADLEAF MONO -TREE WITH A 11X16 FOOT EQUIPMENT SHELTER ON A 900 SQUARE FOOT LEASED AREA LOCATED AT 1209 WEST RAMONA EXPRESSWAY: CUP NO. 12-08. WHEREAS, Los Angeles SMSL representing Verizon Wireless filed an application on September 22, 2008, File No. CUP 12-08, for a conditional use permit to allow the installation of a 55 foot high broadleaf mono -tree and ground equipment ("Application") on approximately 900 square feet of land, APN 436-070-004 ("Subject Site"); WHEREAS, the property affected by the Application is within the General Commercial (C-2) zoning district; WHEREAS, the Application was reviewed, studied, and found to comply with the California Environmental Quality Act ("CEQA") as more fully described below; WHEREAS, on December 11, 2008, the Planning Commission of the City of San Jacinto ("Commission") conducted a duly noticed public hearing on the Application at which time all persons wishing to testify in connection with the Application were heard and the Application was comprehensively reviewed; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SAN JACINTO RESOLVES AS FOLLOWS: SECTION 1. Based on the entire record before the Commission, all written and oral evidence presented to the Commission, and the findings set forth in this Resolution, the Commission recommends approval of Conditional Use Permit No. 12-08 to allow the installation of a 55 foot high stealthed broadleaf mono -tree and ground equipment on the Subject Site, subject to the conditions of approval., SECTION 2. Based on the entire record before the Commission and all written and oral evidence presented to the Commission, including the staff report, the Commission finds as follows: A. The Subject Site for which the CUP is granted is in accordance with the objectives of the City of San Jacinto Development Code and the purposes of the C-2 General Commercial zoning district because the Commission has determined that use of the subject site is similar to and no more objectionable than any other conditional uses allowed within the zoning district. B. The proposed location of the Conditional Use and the conditions under which it would be operated or maintained will not be detrimental to the public health safety or welfare, or materially injurious to properties or improvements in the vicinity. As stated above the project is consistent with the zone classification for the site and the land use element of the General Plan. Further, the project has been reviewed by City and County agencies and has been conditioned accordingly. C. The proposed conditional use will comply with each of the applicable provisions of Article 17 and Article 23.76 of the Zoning Ordinance. As conditioned, the use is consistent with the intent and purposes of Ordinance 340 and applicable provisions of the General Plan. The proposed location of the wireless telecommunication facility and the conditions under which it will be operated or maintained will not be detrimental to public health, safety or welfare or materially injurious to properties or improvements in the vicinity. SECTION 3. Based on the entire record before the Planning Commission and all written and oral evidence presented, including the staff report, the Planning Commission finds the nature and extent of the dedications, reservations, impact fees, and other exactions are reasonably related to public needs and roughly proportional to the impacts created by use of the Subject Site as permitted by the CUP. SECTION 4. Based on the entire record before the Planning Commission and all written and oral evidence presented, the Planning Commission finds the CUP complies with CEQA for the following reasons: This proposal has been determined to be a Class 32 (Infill Development Project) Categorical Exemption, pursuant to Section 15332 of the Guidelines for Implementation of CEQA; therefore A Notice of Exemption has been prepared. City Staff is directed to file a Notice of Exemption within 5 days of project approval. SECTION 5. Effective Date. This Resolution shall become effective on the date on which it is ratified by the City Council. PASSED, APPROVED AND ADOPTED, this 11th day of December, 2008. Planning Commission Chairperson ATT Planning Commission Secretary TO: FROM: DATE: SUBJECT: ITEM 6.7 STAFF REPORT Chairman and Members of the Planning Commission David Clayton, Information Planner December 11, 2008 Conditional Use Permit 12-08 Applicant: Los Angeles SMSL, LP for Verizon Wireless 15505 Sand Canyon Ave Irvine, CA 92618 RECOMMENDATIONS: Staff Recommends that the Planning Commission: Adopt Planning Commission Resolution 08-35 approving Conditional Use Permit 12-08 subject to the attached Conditions of Approval. DESCRIPTION: A proposal for Verizon Wireless for the installation of a 55 foot high broadleaf monotree along with an 11 foot x 16 foot prefabricated equipment shelter and a 5 foot x 8 foot concrete pad for a future generator. The site is 900 square feet to be located at the southeast corner of 1209 W. Ramona Expressway. EXHIBITS: Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Resolution 08-35 Conditions of Approval Site Plan package Photo simulations Aerial Photo Current Zoning Map PLANNING COMMISSION December 11, 2008 PAGE NO. 1 ENVIRONMENTAL ANALYSIS: This proposal has been determined to be Class 32 (In -fill Development Project) Categorical Exemption, pursuant to Section 15305 of the Guidelines for Implementation of CEQA. DISCUSSION: The primary stealth feature proposed by the applicant will be a 55-foot high simulated broadleaf tree with a concealed antenna array and support structure. The applicant would also apply a coating to the pole to emulate the appearance of a tree trunk. The antenna array would be centered at 53-feet on a 55-foot high mono -pole, total height, including the tree branches would be 60-feet. The antenna array in this configuration at this height is preferred because it meets the coverage goals of the provider and with state-of-the-art stealthing techniques and color coatings added would comply with the requirements of the Wireless Ordinance. The project site is located at least 20-feet behind existing mature California Pepper trees along the southern and eastern property lines. An existing chain -link fence with fabric screening cloth provides additional screening. The facility itself will be surrounded by a 6-foot high, split face block wall with a 4-foot wide wrought iron man gate. Within the enclosure area, worklights a small utility cabinet and an 11 foot x16 foot equipment shelter are proposed. The equipment shelter is constructed of a 1-hour fire rated prefabricated metal structure with an exposed aggregate exterior. A 5 foot x 8 foot pad is proposed within the enclosure area for an emergency generator. The project is located on a 30 foot x 30 foot pad approximately 91 feet from the center line of the Ramona Expressway and 20 feet from the property line. 24-hour access for maintenance and repairs will be through an existing gate near the intersection of Ramona Expressway and Potter Road. The access route will cross several CL Smith properties and the MWD aqueduct. The site has a General Plan designation of Community Commercial and is zoned General Commercial (C-2). Like this site, the property to the east is also zoned commercial. Residential subdivisions have been constructed further to the east and south across the Ramona Expressway. A single residential home is located to the west. On this adjacent property the Planning Commission approved a wireless facility that has since expired. The proposed unmanned wireless telecommunication facility will not have an affect on scenic resources because of the scale of the project, its location and the existence of mature trees. Within the General Commercial (C-2) zone the height is restricted to 45 feet but an amendment to the Wireless Telecommunications Ordinance permits stealth monopole towers to exceed the height limitation of the underlying zone by up to ten (10) feet. PLANNING COMMISSION December 11, 2008 PAGE NO.2 Applying this exception, this stealth broadleaf monotree is within the height limits and the setback requirements for the General Commercial (C-2) zone. RECOMMENDATION Staff supports the project subject to the attached conditions of approval. If the Planning Commission agrees with the staff analysis of the project, staff recommends that the Planning Commission approve the project and direct staff to forward the Conditional Use Permit to the City Council for ratification, subject to the attached conditions of approval, supported by the findings in Resolution 08-35 (attached). PLANNING COMMISSION December 11, 2008 PAGE NO. 3 ITEM 4.2 MINUTES MEETING OF THE SAN JACINTO PLANNING COMMISSION December 11, 2008 7:00 p.m. San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, California 1.0 ORGANIZATION Chairman Warneke called the meeting to order at the hour of 7:05 p.m. Commissioners Present: Warneke, Pellerin and Mannion Commissioners Absent: Seitl Commissioner Mannion led the Pledge of Allegiance 2.0 LATE ITEMS None 3.0 ORAL COMMUNICATIONS None 4.0 CONSENT CALENDAR 4.1 Approval of Minutes from the regular Planning Commission meeting on August 28, 2008. 4.2 Approval of Minutes from the regular Planning Commission meeting on October 9, 2008. 4.3 Approval of Minutes from the regular Planning Commission meeting on November 13, 2008. M/S/C (WARNEKE/MANNION) to approve agenda items 4.1; Approval of Minutes from the regular Planning Commission meeting on August 28, 2008; item 4.2; Approval of Minutes from the regular Planning Commission meeting on October 9, 2008; and item 4.3; approval of minutes from the regular Planning Commission meeting on November 13, 2008, as presented. Motion carried 3-0. Ayes: Warneke, Mannion and Pellerin Nays: None Absent: Seitl Abstained: None Planning Commission Minutes Page 1 December 11, 2008 5.0 CONTINUED PUBLIC HEARINGS 5.1 Zoning Ordinance Amendment 02-08; Recreational and Inoperable Vehicle Parking Ordinance Applicant: City of San Jacinto 595 S. San Jacinto Avenue San Jacinto, CA 92583 An amendment to Article 15 of the Zoning Ordinance to amend the City's regulations regarding the temporary parking of recreational, inoperable, and other vehicles. Pursuant to the CEQA process, this ordinance is exempt from further environmental review under the California Environmental Quality Act ("CEQA") (Cal. Pub. Resources Code, §§ 21000) and its implementing regulations because the proposed amendment is not a 'project' within the meaning of CEQA Regulations section 15378(b)(2) in that it is merely general policy or procedure making and because the ordinance is exempt from further environmental review pursuant to CEQA Regulations section 15061(b)(3) based on the fact that the ordinance is within the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment and it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment. Planning Director Hartel presented his staff report dated December 11, 2008. He introduced Code Enforcement Manager Ron Dye who had a presentation for the Commission. Code Enforcement Manager Dye made his presentation to the Commission, and explained why the City felt the Ordinance needed to be amended. He explained to the Commission how the department works, and indicated that they are fair and reasonable in enforcing the ordinance. He explained how it would not be fair to allow residents that do not have a nuisance such as manicured property, with a boat in the side yard that is cleaned and covered, and not allow the same type of boats that are not kept up in other homes. With regards to the parking of RV's and abandoned vehicles, the change of hours from 72 to 48 hours is requested to help enforce the ordinance more efficiently. Chairman Warneke indicated that one of the issues were the parking of boats on side yards. Code Enforcement Manager Dye explained that a boat trailer can be compared to the parking of a pop up tent, which sits at exactly the same height and width of a regular boat. He felt that if we would allow those, we would set precedent, and would need to allow similar items of the same size. Planning Commission Minutes Page 2 December 11, 2008 Commissioner Mannion stated that he agreed with what was submitted by Manager Dye, but he asked if there was some type of compromise to allow those that are in compliance with their yards, in allowing that they park their boats on the side yard. He stated on a personal note, that he too owns an RV, and it takes him longer than 72 hours to clean it before taking it back to storage. He was not in agreement with changing the hours from 72 hours to 48 hours, because from his experience he did not feel it was sufficient time. He stated that he did agree with the other modifications to the ordinance. Mr. Robert Lynch, 1117 Glacier Court, indicated that he was not against the ordinance amendment, and felt that residents should be in compliance. He asked the Commission to allow him to be grandfathered in, and allow him to keep an RV on his side yard. He stated his boat is on an improved surface, and has been there for over 6 years. He did state that the City is working with him, and the Code Enforcement manager has been reasonable. Mr. James Silvis, 760 Harbor Street, agrees with Code Enforcement, and did not want to open Pandora's Box, by allowing one person and not the other to park their boat in the side of their home. He requested that boat parking be allowed with some restrictions, which he handed to the Commission. Chairman Warneke asked Mr. Dye to read what was submitted, and indicate whether he would agree to the recommendation. Code Enforcement Manager Dye responded that he does not agree with the recommendation, and asked the Commission to support Staff. Commissioner Mannion reiterated that he did not agree with changing the parking allowance time from 72 hours to 48 hours, but agreed with the other changes that were recommended by staff. The Commission agreed. City Attorney Shane asked Code Enforcement Manager Dye if it would solve the parking hours to say maximum of 72 hours park within total of any 120 hour timo limitation period. (modified by PC on 1/15/09) Planning Director Hartel responded that if the Commission was agreeable to that, it would go under item of the Recreational Vehicle section. Code Enforcement Manager Dye agreed. The Commission agreed. Public Hearing closed. Planning Commission Minutes Page 3 December 11, 2008 M/S/C (PELLERIN/MANNION) to adopt Planning Commission Resolution No. 08-30 recommending that the City Council approve Zoning Ordinance Amendment 02-08, as indicated in the Ordinance approve to approve with the modification to hours, the rest is as is. Motion carried 3-0. Ayes: Pellerin, Mannion and Warneke Nays: None Absent: Seitl Abstained: None 5.2 General Plan Amendment 3-07, Planned Unit Development 2-06 and Tentative Tract 34664 Applicant: Mario Zamorano 3590 S. Dartmouth Ln. Rowland Heights, CA 91748 A proposal to subdivide 5.01 acres into a 37 lot planned unit development with gated entry, 26-foot wide private streets and a .35 acre park. The project site is located on the west side of Kirby Street approximately 330-feet north of Esplanade Avenue. The applicant is also requesting the zone be changed from R-1 to R-2 PUD and the General Plan designation changed from Low Density Residential to Medium Density Residential, which would allow the development of the property. An environmental initial study has been conducted which has determined that this project will not have a significant impact on the environment with the incorporation of mitigation measures. Therefore, a Mitigated Negative Declaration is recommended. Information Planner Clayton presented his staff report dated December 11, 2008. He indicated that Planning Condition 11 needs to be modified as follows: "Upon City Council, Planning Commission, or Staff approval, the applicant shall submit a check to the City, payable to Riverside County, in the amount of $L949:Z-5, $1,993.00 for payment of State Fish and Game fees and County documentary handling fee in conjunction with the filing of a Mitigated Negative Declaration". He indicated that the new fees will become effective January 1, 2009. Chairman Warneke inquired on the status of the traffic signal that is proposed at the intersection of Esplanade Avenue and Kirby Street. Contract Engineer Skaugset indicated that the signal has been designed and is currently in plan check. He felt it would still be a few years before the actual construction of the signal, but noted that the applicant of this project is only required to pay their fare share. Public Hearing opened. Mr. Mario Zamorano, applicant, thanked Staff for their time and efforts they put into his project. He indicated that he agreed with the Conditions of Approval in addition to the minor change that was made on Planning Condition 11. Planning Commission Minutes Page 4 December 11, 2008 Public Hearing closed. M/S/C (PELLERIN/MANNION) to adopt a Mitigated Negative Declaration; Planning Commission Resolution No. 08-31 recommending approval of General Plan Amendment 3-07; Planning Commission Resolution No. 08-32 recommending approval of Planned Unit Development 2-06; and Planning Commission Resolution No. 08-33 recommending approval of Tentative Tract Map 34664 subject to the Findings of Fact and the Conditions of Approval, as presented. Motion carried 3-0. Ayes: Pellerin, Mannion and Warneke Nays: None Absent: Seitl Abstained: None 6.0 NEW PUBLIC HEARINGS 6.1 Large Family Day Care 08-04 Applicant: Rosa Nichols Nichols Family Child Care 254 Captains Ct. San Jacinto, CA 92583 A proposal to expand an existing 6 person child care facility to 12 children has received public opposition. Per Article 4.07 of Ordinance 340 the request has been forwarded to the Planning Commission for public consideration. The proposal will provide child care for 12 children a maximum of 14 hours per day, Monday thru Friday. A Large Family Day Care is considered a Statutory Exemption pursuant to Section 15274 of the California Environmental Quality Act Guidelines. Planning Technician Hasapes presented his staff report dated December 11, 2008. He requested that the Commission modify Condition 4 "No more than 12 children, including children under the age of 10 who reside at the home, may be provided family child care at the site". Public Hearing opened. Ms. Rosa Nichols, applicant, presented her report to the Commission, and indicated that she was in agreement with the conditions of approval. She further responded to the opposition to her Day Care, indicating that nuisance caused by the children in her neighborhood has nothing to do with her facility. She stated that the children at the facility are not allowed in the front of their home. Commissioner Pellerin inquired if anyone has called complained to Code Enforcement and had them visit the home for any nuisance. Ms. Nichols responded no. Planning Commission Minutes Page 5 December 11, 2008 Ms. Eleanor Seiler, 263 Captains Court, was opposed to the daycare facility. She indicated that she was not aware of the small daycare facility that existed at Ms. Nichols residence. She stated that Ms. Nichol's brother lives across the street from her home, and her children are constantly going across the street. She stated that she is concerned for the children's safety, especially after there have been drug raids at the end of their street. City Attorney Shane indicated that the City is very limited as to what they can do about Day Care centers that are approved by the State. The City cannot deny them, except for certain specified reasons; they can only stipulate conditions to make them in compliance with our code. (modified by PC on 1/15/09) Ms. Danielle Thaden, 224 Captains Court, felt that their neighborhood is great. She indicated that all the children that do play in the street are supervised at all times, and she did not think their safety was a concern at all. She noted that in the time that Ms. Nichols has had her day care facility, there has never been an issue with her children getting out of line. She further noted that Ms. Nichols had no control over the issue of the children playing in the street, since it was the other neighborhood children, including hers. She further noted that Ms. Syler should have talked with the residents if she had an issue with the neighborhood children. Public Hearing closed. M/S/C (MANN/ON/PELLERIN) to adopt Planning Commission Resolution 08-44, approving Large Family Day Care Permit 08-04 subject to the Conditions of Approval, as modified. Motion carried 3-0. Ayes: Mannion, Pellerin and Warneke Nays: None Absent: Seitl Abstained: None 6.2 Change of Zone 4-08; Conditional Use Permit 5-08 Applicant: Shyam Aggarwal 3065 Statice Court Hemet, CA 92545 A proposal to change Zoning from Residential Trailer (R-T) to General Commercial (C- 2) and a Conditional Use Permit for a 7,303 sq. ft. quick lube/carwash service center and a 1,400 sq. ft. mechanical car wash tunnel. The project will provide parking and landscaping on a 0.69 acre parcel at 260 W. Esplanade Ave. (APN 439-111-010). This proposal is not subject to the California Environmental Quality Act (CEQA) because, pursuant to Section 3.07 of the City's CEQA Guidelines there is no possibility that the activity in question may have a significant effect on the environment. The project therefore is exempt from CEQA. Planning Technician Hasapes presented his staff report dated December 11, 2008. Public Hearing opened. Planning Commission Minutes Page 6 December 11, 2008 Mr. Nasser Moghadam, 44052 Gallicia Drive, Hemet, stated that it has been a privilege to work with Staff. He stated that he did not recommend an 8 foot block wall to surround the project, as it would not be attractive. He indicated that they are proposing a 6 foot decorative block wall, and would like to do a 2 foot block wall with wrought iron on the street side along with landscaping for an appealing look to the public. He stated that the business itself would have limited hours of operation; therefore, did not feel they would be a nuisance to the neighboring residents. The Commission was open to the 2 foot block wall and landscaping, but Chairman Warneke stated that he felt there should be an 8 foot block wall along side of the mobile homes, simply for security purposes. Commissioner Mannion felt that an 8 foot block wall on the south of the property along side the storage yard should be a necessity for safety reasons as well. Mr. Moghadam agreed with modifying the conditions to include an 8 foot block wall along the south side of the property and along the east side, next to the mobile homes. Public Hearing closed. The Commission agreed to modify Planning Condition 25 to read: A six (6) foot high decorative block wall shall be constructed along the side and rear property lines:, stepping up to an eight (8) feet high solid decorative wall screening the two mobile homes at the rear of the property to the east and along the rear property line. M/S/C (MANNION/PELLERIN) to adopt Planning Commission Resolution No. 08-42 recommending City Council approval of Change of Zone 4-08; and Planning Commission Resolution No. 08-43 recommending to the City Council approval of Conditional Use Permit 5-08 subject to the Conditions of Approval as modified. Motion carried 3-0. Ayes: Mannion, Pellerin and Warneke Nays: None Absent: Seitl Abstained: None 6.3 Conditional Use Permit 14-08 Applicant: San Jacinto Masonic Building Association 2910 Basswood Court Hemet, CA 92544 A proposal to construct a 7,350 square foot Masonic Lodge Family Center with 103 parking spaces and landscaping. The 2.52 acre parcel is located in the R-1 zone on the north side of Evans Street approximately 830 feet east of Hewitt Street at 785 E. Evans Street. This proposal has been determined to be Class 32 (In -fill Development Project) Categorical Exemption, pursuant to Section 15305 of the Guidelines for Implementation of CEQA. Planning Commission Minutes Page 7 December 11, 2008 Information Planner Clayton presented his staff report dated December 11, 2008. Mr. Blaine Womer, Womer Engineering, indicated that they had reviewed the conditions of approval, and have agreed to them. Mr. Terrance Burns, 617 E. Old 2nd Street, shares his property line with the applicant, and he inquired if a block wall was going to be constructed to divide the two properties. He indicated that at the present time, people walk through the applicant's property, and walk onto his property. He was concerned with their safety, and suggested that it would be in everyone's best interest is a barrier block wall was constructed. Information Planner Clayton stated that their proposal does not include a block wall beyond the end of the parking lot, and their intent is not to extend the existing block wall until the property is developed in the future. Mr. Womer stated that the applicant has agreed to take the block wall around their project, and continue it with a temporary 6 foot chain link fence on the remainder of the property where the portions that are not proposed to be block wall will be. Planning Director Hartel noted that this agreement is not shown on the plans; therefore, the Commission should add it as a condition. The applicant agreed. Mr. John Bottomly, 665 E. Old 2nd Street, was concerned with theft, and vandalism, and felt that a block wall along the rear of the property would be advantageous to the neighboring residents, especially since it is typical for Lodges such as these to rent their facility for private parties. Mr. Les Geiger, 42100 Mayberry, Hemet, noted that they do not rent their lodge to private parties, and felt their problems will be eliminated once the proposed fence is erected. Public Hearing closed. The Commission added the following to Planning Condition 14: A 6 foot high chain link fence shall be installed along property lines around the rear of the site not containing an existing or proposed block wall. M/S/C (PELLERIN/MANNION) to adopt Planning Commission Resolution No. 08-36 approving Conditional Use Permit 14-08 subject to the Findings of Fact and Conditions of Approval, as modified. Motion carried 3-0. Ayes: Pellerin, Mannion and Warneke Nays: None Absent: Seitl Abstained: None Planning Commission Minutes Page 8 December 11, 2008 6.4 Change of Zone 1-08 and Staff Review 1-08 Applicant: Mountain View Capital, LLC Kristina McCabe, Principal 10765 Double R Blvd; Suite 200 Reno, NV 82521 A proposal to develop a vacant 7.97 acre triangular shaped parcel located south of the Ramona Expressway and east of Bridge Street. The proposal intends to develop this site as a commercial center. The development consists of 7 commercial buildings with a total area of 68,880 square feet of space. The project site plan provides for a total of 341 parking stalls and ingress and egress points on Bridge Street and the Ramona Expressway. The project is currently zoned SP1-91 with a Zone Change to General Commercial (C-2) An environmental initial study has been conducted which has determined that this project will not have a significant impact on the environment with the incorporation of mitigation measures. Therefore, a Mitigated Negative Declaration is recommended. Information Planner Clayton presented his staff report dated December 11, 2008. Public Hearing opened. Mr. Michael O'Hagan, Stantec Consulting, thanked staff for their cooperation and time working with them. He indicated that they have reviewed the conditions of approval, and noted they are required to gain reciprocal access on Planning Condition 32. He indicated that they were lacking the parcel split, and felt it was not necessary; therefore, requested that the Commission omit the condition. The Commission agreed to delete Planning Condition 32: "Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of all roads, drives and parking areas shall be provided by CC&R's or by deeds and shall be recorded concurrent with the Final Map or prior to the issuance of a building permit where no map is involved. CC&R's shall also include provisions to maintain a consistent uniform sign and architectural theme throughout the development" Mr. O'Hagan also stated that the amendment to Engineering Condition 5, which reads: "Minimum 6' wide concrete sidewalk along Ramona Expressway and Bridge Street and handicap ramps shall be constructed. Construction of sidewalk adjacent to driveways shall be in a manner to accommodate ADA Standards. Driveways shall be installed pursuant to Riverside County Standard 207A. Sidewalk/Bikeway along Ramona Expressway shall be meandering as approved by Planning Department. Per the City's General Plan, a Class I Bikeway is required within the Ramona Expressway right of way', would be difficult to meander sidewalks, as they do not have much space to maneuver due to the bus turn outs and the ADA requirements, but agreed to work with staff on this condition and do the best they could to their ability. Planning Commission Minutes Page 9 December 11, 2008 Additionally, the amendment to Engineering Condition 17, which reads: "In accordance with the RCTC letter dated August 26, 2008, the proposed access to Bridge Street shall be restricted to right -in, right -out only. A combination of hardscaped and landscaped median shall be installed on Bridge Street from the Expressway to southerly project boundary to preclude other turning movements. In the event that an agreement is approved between the developer and the City at a subsequent date, this condition may be waived and left turn movements on Bridge Street considered as an interim condition. The owner shall execute the necessary document, acceptable to the City Attorney, agreein_q to this condition and waiving any damages that may be claimed by the Owner and any future owners or tenants", he indicated that they are currently working on a draft agreement with the City Engineer's office on the right in right out issue, allowing the left turn until RCTC moves forward with their project. Chairman Warneke inquired on what they propose to do with the gas line that runs through the project. Mr. O'Hagan responded that they are treating the line very gently. He stated that they are making sure the gas line is placed on the grading plan, are they are very aware of where it is located. He was in agreement with the conditions, as long as it was understood that they will be working with Staff on Engineering Condition 5 with the meandering sidewalks. City Attorney Shane suggested that the Commission add language to Planning Condition 25 allowing MWD to submit their approval of the project in writing to the City. Contract Engineer Skaugset responded that he did not recommend the Commission add such language as the City should not allow for MWD to approve a project that is within the City's jurisdiction. He indicated that they should be able to comment, but not wait for a written approval from them. City Attorney Shane then suggested adding a new Planning Condition 45, which reads: "Design plans for the project shall be submitted to MWD for review and comment'. Additionally, City Attorney Shane recommended the Commission add the following language to Planning Condition 44 E, which reads:" Participation in water conservation, reclaimed water use and .ground water recharge programs shall be encouraged. The use of water efficient fixtures, drought -tolerant landscaping and reclaimed water to offset any increase in water use associated with the project is also encouraged'. Mr. O'Hagan stated that as long as it would be an option not a requirement, they would take it into consideration, as long as it is feasibly economical. He also agreed. Public Hearing closed. Planning Commission Minutes Page 10 December 11, 2008 M/S/C (MANNION/PELLERIN) to recommend approval of Mitigated Negative Declaration to the City Council; and adopt Planning Commission Resolution No. 08-37 recommending approval of Change of Zone 1-08; and adopt Planning Commission Resolution No. 08-38 recommending approval of Staff Review 1-08 subject to the Findings of Fact and the Conditions of Approval, as modified. Motion carried 3-0. Ayes: Mannion, Pellerin and Warneke Nays: None Absent: Seitl Abstained: None Chairman Warneke called for break at the hour of 9:30 p.m. and reconvened at the hour of 9:38 p.m. 6.5 Conditional Use Permit 13-08, Variance 3-08 Applicant: Omnipoint Communications, Inc a Subsidiary of T-Mobile, USA C/O Ms. Kristin Galardo Trillium Consulting 5912 Bolsa Ave. Suite 202 Huntington Beach, California 92649 A Conditional Use Permit to construct a 55 ft. height stealth monopole (monoelm) with antennas and equipment shelter on a 20 ft. x 23 ft. (500 sq. ft.) leased area located on the east side of Mountain Ave., north of Esplanade Ave and a Variance to exceed the 45 ft. height limit by 10 ft. The parcel (APN 547-130-008) is located in the C-1 Zone approx. 120 ft. from the planned future Ramona Expressway to the east. An environmental initial study has been conducted on a previously approved project on this site which has determined that this project will not have a significant impact on the environment with the incorporation of mitigation measures. Therefore, a Mitigated Negative Declaration is recommended. Planning Technician Hasapes presented his staff report dated December 11, 2008. He indicated that the proposed 55-foot height of the mono -elm tower exceeds the 45-foot height limit for such a facility in the C-1 Zone, therefore a Variance to the height limit is requested. He further noted that if the Commission supports the height variance, staff would recommend that the project be continued so that supporting findings, Conditions of Approval and resolutions, can be drafted for approval of the project. Planning Director Hartel stated that City Attorney Shane has provided the Commission with revised resolutions if they decide to deny the project. Public Hearing opened. Ms. Kristin Galardo, representative, had a brief power point presentation for the Commission. Planning Commission Minutes Page 11 December 11, 2008 Mr. Jason Mojica, representative, indicated that a 55 foot pole will cover approximately 4 square miles, as opposed to a 40 foot pole that covers approximately 1 square mile which is a reduction of 75%. Ms. Galardo indicated that this is the 2nd site option, as their first site was located at Rancho Park. Unfortunately, due to a conflict of interest with a Councilmember, they were unable to move forward with their proposal, leaving this proposed site as their only alternative. She further noted that they will be able to cluster on the one pole, and would allow for collocating from other carriers, which seems like a feasible solution. Mr. Tim Miller, representative, stated that the reason for this site is that they are trying to stay away from residential areas. Furthermore, he indicated that notices to residences within 300 feet were mailed, and there was no opposition in the audience. The Commission was not clear on the reason there was a conflict of interest, and asked for clarification from Staff. Planning Director Hartel responded that the conflict of interest arose because a City official is employed in the telecommunications industry and works with T-Mobile; therefore the applicants preferred location at Rancho Park was not feasible. It is also possible that a similar conflict would arise with placement of additional towers on City owned land or City rights -of -way that would be needed to cover the same area as a single tower at 55 feet in height. City Attorney Shane noted that the Commission would need to have some findings to grant the variance which would allow the applicant the additional 10 feet that is requested for the height of the pole. Commissioner Pellerin felt that he did not want to see standards on city street lights, but did not want to set precedence in allowing taller poles throughout the City, as they are becoming more and more of a necessity. The Commission was in favor to continue the item to approve the variance to the January 15, 2008. They directed staff to prepare conditions of approval and resolutions for approval of the project. M/S/C (WARNEKE/PELLERIN) to continue agenda item 6.5; Conditional Use Permit 13-08, Variance 3-08 until the next regular Planning Commission Meeting of January 15, 2008, directing Staff to bring back findings and a resolution approving the variance request. Motion carried 3-0. Ayes: Warneke, Pellerin and Mannion Nays: None Absent: Seitl Abstained: None Planning Commission Minutes Page 12 December 11, 2008 6.6 Conditional Use Permit 4-06 Amendment 1 Applicant: Verizon Wireless do Robert McCormick 27 Via Granada Rolling Hills, CA 90274 A proposal to amend Planning Condition # 19 of Conditional Use Permit 4-06 regarding property maintenance. CUP 4-06 is a previously approved Conditional Use Permit to construct a 45 ft. height stealth monopole (monoelm) with antennas and equipment shelter on a 40 ft. x 30 ft. (1,200 sq. ft.) leased area located on the east side of Mountain Ave., north of Esplanade Ave. The 9 acre parcel (APN 547-130-008) is located in the C-1 Zone approx. 120 ft. from the planned future Ramona Expressway to the east. The effect of this project has been adequately analyzed in an earlier adopted mitigated negative declaration, no further environmental review is necessary. M/S/C (WARNEKE/PELLERIN) to continue agenda item 6.6; Conditional Use Permit 4- 06, Amendment 1, to the next regular Planning Commission meeting of January 15, 2009. Motion carried 3-0, Ayes: Warneke, Pellerin and Mannion Nays: None Absent: Seitl Abstained: None 6.7 Conditional Use Permit 12-08 Applicant: Los Angeles SMSL, LP for Verizon Wireless 15505 Sand Canyon Ave Irvine, CA 92618 A proposal for Verizon Wireless for the installation of a 55 ft. broadleaf monotree along with an 11 ft. x16 ft. prefabricated equipment shelter and a 5 ft. x 8 ft. concrete pad for a future generator. The site is 900 square feet to be located at the southeast corner of 1209 W. Ramona Expressway. This proposal has been determined to be Class 32 (In -fill Development Project) Categorical Exemption, pursuant to Section 15305 of the Guidelines for Implementation of CEQA. Information Planner Clayton presented his staff report dated December 11, 2008. Public Hearing opened. Ms. Randi Newton, representative, indicated that they were in agreement with the conditions of approval. Public Hearing closed. Planning Commission Minutes Page 13 December 11, 2008 M/S/C (PELLERIN/MANNION) to adopt Planning Commission Resolution 08-35, approving Conditional Use Permit 12-08 subject to the Conditions of Approval, as presented. Motion carried 3-0. Ayes: Pellerin, Mannion and Warneke Nays: None Absent: Seitl Abstained: None 6.8 Conditional Use Permit 1-08 Amendment 1 Applicant: KZ Holdings 19752 MacArthur Blvd, Suite 250 Irvine, CA 92612 As previously approved the project consists of a 139,991 square foot community shopping center on 17.2 acres. The revised first phase of the two phase project consists of 74,591 square feet of floor space and includes a 13,225 square foot major pharmacy, two major retailers of 24,815 square feet and 14,775 square feet, 9,600 square feet of inline shops, two 3,200 square foot drive-thru restaurants, a 2,800 square foot drive-thru restaurant and a 2,976 square foot convenience store/gas station with alcoholic beverage sales and a car wash. The revised second phase consists of 65,400 square feet of floor space and contains the remainder of the center consisting of the major retailer of 57,600 square feet, a 2,800 square foot drive-thru restaurant and a 5,000 square foot bank with drive-thru banking services. The entire site is located at the southwest corner of Sanderson and Cottonwood Avenues in the C-2 General Commercial zone, with a General Plan designation of Community Commercial. Pursuant to the CEQA process, the project has been adequately analyzed in an earlier adopted mitigated negative declaration. M/S/C (WARNEKE/MANNION) to continue agenda item 6.8; Conditional Use Permit 1- 08 Amendment 1, to the next regular Planning Commission meeting of January 15, 2009. Motion carried 3-0. Ayes: Warneke, Pellerin and Mannion Nays: None Absent: Seitl Abstained: None 7.0 BUSINESS ITEMS 7.1 Director's Report Planning Director Hartel noted that next Planning Commission meeting will be held on the 3rd Thursday of January, which is technically a City Council day. He stated that it is just for the month of January, due to the holiday falling on the 1st Thursday of the month. On other business, he stated that the Planning Commission advertisement for vacancy closes on January 16, 2009. He is hoping that we will have a new Commission on board for the February meeting. Additionally, he indicated that the Annual Christmas Breakfast is scheduled for Tuesday, December 16, 2008, Emilios Mexican Restaurant from 7:30 a.m. to 9:30 a.m. Planning Commission Minutes Page 14 December 11, 2008 The Commission discussed with Staff about the Cove project and KB Homes that was postponed until the next meeting in January. 8.0 ADJOURNMENT M/S/C (WARNEKE/PELLERIN) to adjourn the meeting with no further business to discuss to the next regular meeting of January 15, 2009 at the hour of 10:40 p.m. Respectfully submitted, Mimi Rodriguez Administrative Secretary Community Development Department Planning Commission Minutes Page 15 December 11, 2008 AMENDED AGENDA REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL FEBRUARY 5, 2009, 7:00 p.m. 2045 South San Jacinto Avenue San Jacinto Unified School District Board Room, San Jacinto, CA 92583 1. ORGANIZATION 1.1 Call to Order 1.2 Roll Call 1.3 Invocation 1.4 Pledge of Allegiance 1.5 Special Presentations 1.5.1 Tinsel Town Triathlon / Central County United Way recognizing city council's support / Sewa Rubio, Resource Development Director 1.5.2 Valley Watch recognizing city council's support / Frank Goreman 1.5.3 Recognition of Alex Garcia's 25 years of service with the City of San Jacinto 2. PUBLIC COMMENTS: Now is the time for the public to address the Council on any subject within the jurisdiction of the City Council not listed on the agenda. A limitation of three (3) minutes shall be set for each person desiring to address the City Council. 2.1 City Manager's Report on previous month's public comments / City Manager 3. CONSENT CALENDAR The matters listed under Consent Calendar are considered routine and will be enacted by one motion by City Council Members in the form listed. There will be no separate discussion on these items prior to the motion unless members of the City Council, staff or the public requests a specified item be removed and/or discussed. If an item is pulled, it will be heard at the end of number '5. Staff Reports.' 3.1 January 22, 2009 Minutes — Regular Meeting / Approve / City Clerk 3.2 January 22, 2009 Minutes — Special Meeting / Approve / City Clerk City Council Agenda February 5, 2009 Page 2 of 4 3.3 Treasurer's Report— December 2008 / Approve / Interim Finance Director 3.4 Ordinance No. 09-03 / An ordinance approving and adopting Change of Zone 1-08 from Specific Plan 1-91 to General Commercial / Approve second reading and Adopt Ordinance No. 09-03; and by further motion read by title only; An Ordinance of the City Council of the City of San Jacinto, California, Approving a Change of Zone from Specific Plan 1-91 (SP 1-91) to General Commercial (C-2), located at the southeast corner of Ramona expressway and Bridge Road in the City of San Jacinto, County of Riverside / Planning Director 3.5 Continuation of the Proclamation of the Local State of Emergency due to high and damaging winds / Approve / City Attorney 3.6 Emergency Report for Ramona Expressway erosion prevention improvements and determination of need to continue emergency Public Works contracting pursuant to Public Contract Code 22050 / Approve / City Attorney and City Manager 3.7 Statement of Investment Policy — Annual Review / Receive and File / Interim Finance Director 3.8 Conditional Use Permit 13-08 and Variance 3-08 — a telecommunication facility with a fifty-five foot high mono -elm stealth tower that exceeds the permitted height limit by ten feet at 1531 Mountain Avenue / Ratify Planning Commission's approval with Conditions of Approval / Planning Director 3.9 San Jacinto Chamber of Commerce / Add new agency (San Jacinto Chamber of Commerce) to Local Appointments List / Clarify on current list under Economic Development `Chamber Liaison' means Hemet San Jacinto Chamber of Commerce / Consider Mayor's Appointment, Council Member Jim Potts, to the San Jacinto Chamber of Commerce / Ratify appointment / City Clerk 3.10 Banner request — Annual Wood Carving Show / Approve hanging the banner from March 2, 2009 to March 16, 2009 across San Jacinto Avenue / Planning Director 4. PUBLIC HEARING 4.1 Urgency Ordinance No. 09-04 / An ordinance adjusting the sewer rate imposed by EMWD per interagency agreement from $.584/day/edu ($17.76/month) to $.634/day/edu ($19.28/month) effective January 7, 2009, and applied to billings on or after February 7, 2009 / Continued from 1/22/09 / Approve and Adopt Ordinance No. 09-04 and by further motion read by title only: City Council Agenda February 5, 2009 Page 3 of 4 An Urgency Ordinance of the City Council of the City of San Jacinto, California, Adjusting Sewer Rates to Comply with an Interagency Agreement with Eastern Municipal Water District / Interim Finance Director 4.2 Conditional Use Permit 12-08 / Applicant: Los Angeles SMSL, LP for Verizon Wireless, 15505 San Canyon Avenue, Irvine, CA 92618 / Ratify Planning Commission's approval of CUP 12-08 (allowing a cell tower at 1209 W Ramona Expressway) subject to the Conditions of Approval / Continued from January 8, 2009 / Planning Director 4.3 Ordinance No. 09-05 (Recreational & Inoperable Vehicle Parking) for Zoning Ordinance Amendment 02-08 / Planning Director / Approve introduction and first reading of Ordinance 09-05 and by further motion read by title only: An Ordinance of the City Council of the City of San Jacinto, Amending Article 15, Section 15.01 Pertaining to the Temporary Parking of Recreational, Inoperable, and Other Vehicles 4.4 Resolution No. / A resolution certifying the results of an election and annexing territory commonly known as DBN Parkside LLC APNs 435-190- 052 and 435-190-053 to AD No. 2003-1 Annexation No. 31 / Approve and Adopt / Special Tax Consultant and City Attorney 5. STAFF REPORTS At the end of the scheduled City Department items, anyone wishing to discuss a consent calendar item should come forward upon invitation of the Mayor; state their name, address, and the consent calendar item number pulled. Speakers should limit comments to three (3) minutes. 5.1 Planning Commission Appointment / Appoint planning commissioner per the Selection Subcommittee's recommendation / City Clerk 5.2 Resolution No. _ / A resolution adopting policies and procedures for the use of the San Jacinto Community Center / Approve and Adopt / Assistant City Manager 5.3 Resolution No. _ / A resolution authorizing the city manager to amend certain conditions of approval relative to the timing and installation of infrastructure improvements / Approve and Adopt / Assistant City Manager 5.4 FY 2008-2009 Budget Status / Receive and File and provide direction to staff as desired / City Manager 5.5 City Council Policy Regarding Subcommittees / Consider, Discuss, and Adopt / City Manager and City Attorney City Council Agenda February 5, 2009 Page 4 of 4 5.6 Resolution No. _ regarding City Treasurer's Bond / Consider, discuss and Approve and Adopt appropriate approval or disapproval resolution / City Attorney 6. MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS 7. CLOSED SESSION 7.1 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Section 54956.9: One (1) case 8. ADJOURNMENT If you challenge any action of the City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council (c/o the City Clerk) at, or prior to, the public hearing. CHALLENGE TO LAND USE DECISIONS: Any person seeking to challenge a decision regarding land use made by the City Council as a result of a proceeding in which by law a hearing is required to be given, shall be required to commence that action 90 days following the date on which the decision of the City Council becomes final as provided in Code of Civil Procedure Section 1094.6. Please refer to Code of Civil Procedure Section 1094.6 to determine how to calculate when a decision becomes final. It is the intention of the City of San Jacinto to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact City Hall at (951) 537-6358, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. DOCUMENTS RELATED TO OPEN SESSION AGENDAS (SB 343) -- Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection at the public counter located in the Administration Building of City Hall, 595 S San Jacinto Avenue, San Jacinto, California, 92583. I, Dorothy L. CIiiouinard, City Cferkof the City of San Jacinto, do hereby certib that I caused to be posted the foregoing agenda this 30th day of January, 2009, as required 6y law. Dorothy L. Chouinard, City Clerk, MINUTES REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL JANUARY 22, 2009, 7:00 p.m. 2045 South San Jacinto Avenue San Jacinto Unified School District Board Room, San Jacinto, CA 92583 1 ORGANIZATION 1.1 Call to Order Mayor Dale Stubblefield called the regular meeting of the San Jacinto City Council to order at 7:10 p.m. 1.2 Roll Call Present: Jim Ayres, John Mansperger, Jim Potts, Dale Stubblefield Absent: Steve Di Memmo M/S/C (Ayres / Potts) moved to approve Councilmember Steve Di Memmo's absence, as it was related to city business. Motion carried 4/0. Ayes: Ayres, Mansperger, Potts, Stubblefield Nays: None Absent: Di Memmo Abstain: None 1.3 Invocation Pastor Stacey Johnson, First Baptist Church, gave the invocation. 1.4 Pledge of Allegiance Councilmember Jim Potts led the Pledge of Allegiance 1.5 Special Presentations 1.5.1 Certificate of Appreciation presented to Jan Nichols, San Jacinto High School Instrumental Music Teacher Mayor Dale Stubblefield reviewed the highlights of Jan Nichols past and current activities at San Jacinto High School and in the community, with Mr. Nichols at the podium. Councilmember Jim Ayres commented that the recognition of Jan Nichols is long over due. He does so much for the community and San Jacinto youth. He has built a great marching band over the years and City Council Minutes January 22, 2009 Page 2 of 19 is a great mentor to the students. He also noted that Mr. Nichols is an Air Force veteran and this is a small token of the city's appreciation for all that he has done. Councilmember Ayres also recognized Jan's wife Marsha who was in the audience Vice Mayor John Mansperger echoed Councilmember Ayres comments. He appreciates the band's participation in the many city events. Councilmember Jim Potts stated that Jan always promotes the high school. His students not only learn about music education but they also learn about veterans and patriotism. The new high school facility is great. Mr. Nichols spoke about the importance of "teachable moments" and then told a story about a student who met the mayor and then a second story about another student who met one of the city council members. Those two teachable moments speak more about what it means to be involved with the community, local city government and more about being an American, then any lecture he could ever teach. Mr. Nichols thanked the city council for the many teachable moments. 1.5.2 Certificate of Appreciation presented to Jeff Bowman Mayor Stubblefield invited Jeff Bowman to join him at the podium. Mayor Stubblefield reviewed the evening at the DUI checkpoint on Ramona Expressway and stated that there were approximately 840 vehicles stopped; 24 breathalyzer tests were administered and there were three or four DUI arrests. It was really cold at the check point and after going through the checkpoint, Mr. Bowman came back and brought Starbuck's coffee for everyone. Mr. Bowman has lived here his entire life and it shows the caliber of citizens we have in San Jacinto and the spirit they embody. If everyone did such a selfless act, every place would be a great place to live. Mayor Stubblefield then read the certificate and presented it to Mr. Bowman. 1.5.3 Introduction of Capt. John Pingel of the Hemet Sheriff Station / Chief of Police Police Chief Bill Tyler introduced Captain John Pingel as the newly appointed Captain of the Hemet Sheriff Station. Captain Pingel is a nineteen year veteran of the police force. Chief Tyler reviewed Captain Pingel's career and stated that he came to Riverside County Sheriff's Department in 1990. City Council Minutes January 22, 2009 Page 3 of 19 Captain Pingel explained to the members of the city council he wanted them to be able to connect a name with the face. He noted that the whole Riverside County Sheriff's Department is behind Chief Tyler and the city has their support. He is here in the same spirit of selfless service and is looking forward to keeping everyone safe here in San Jacinto. Captain Pingel stated he is happy to be here and looks forward to serving the community and is happy to answer any questions. Mayor Stubblefield welcomed Captain Pingel to the valley. 2. PUBLIC COMMENTS: David Hilker, Hilker's Custom Cabinets, 220 Bissell Place, San Jacinto, CA - stated that there are three subjects he would like to discuss. He has been a cabinet maker over the past thirty-five years and this is the most economic challenging time he has ever faced. The company's workload has been cut by eighty-five percent and they had to go from ten employees to two employees, and they are still not making it. 1. He never dreamed about a monopoly with CR&R. He wanted to take his own trash to the dump, in an effort to save money. He proceeded to cancel the service with CR&R and they said he couldn't cancel unless he was out of business. He was told he had to have trash service and could not cancel unless he provided CR&R with a closing business certificate. He was then told by CR&R that CR&R would report his company to City of San Jacinto's Code Enforcement and have his company fined. He thinks it is wrong to have code that forces his company to maintain service with CR&R. This offends him to have to come to the city council meeting and plead his case. 2. His business is located on Bissell Place, across from the city yard, and his business is required to furnish two parking spaces per one thousand square feet. The city yard has no parking and everyone parks on the street, which makes it difficult for the semi trucks coming to his business, to pull in and out of his business. He would appreciate having the city yard employee's park at the nutrition center, as there is a lot of available parking and this would clear up the parking on the street. 3. In his efforts to reduce his company's overhead he also addressed Southern California Edison. He stated that because they are a manufacturer they get charged more, because they use more. As an example, his electric bill in the summer runs two thousand dollars a month for a 6,500 square foot building. His electric bill in the winter is running one thousand dollars and he has not had any work in the past three months. It is costing him $1,000 dollars per month to heat a 750 square foot office space. He asked what can he do to solve this problem? He stated that SCE is delivering 208 power while most machines in the United States are designed to work on 220 or 440 power. When SCE delivers less power, this increases the amperage, and amperage City Council Minutes January 22, 2009 Page 4 of 19 is what you pay on. This is another scam, delivering less power and the customer pays more. Patty Maine, 1766 Carrera Drive, San Jacinto, CA — is concerned about the quality of life issues here in San Jacinto and has four issues to discuss: 1. There is a sound blast that occurs every morning at the Soboba Golf Course at about 7 a.m. that sounds like a gun blast. Apparently this is done to remove the ducks off of the lake. She has requested if the council can please ask the Soboba Golf Course to stop using the sound blast. 2. In her neighborhood there are two green belt areas that have a no dogs allowed sign. The sign states this is in violation of Ordinance 416 section 422. She would like to have the sign changed stating to please walk your dogs on a leash. 3. The greenbelt on Chabella has four palm trees, three are lit now, but there is still one that needs to be lit. This is an issue because the entrance to her neighborhood is very dark without all the lights and is asking to please have the fourth palm tree lit to assist the elderly people that drive in and out of neighborhood. She was told by Public Works that the city council would have to authorize the expenditure to install the fourth light. 4. Lastly, one of the greenbelt parks has been in disrepair for the last ten years. She is asking for a drip system to be installed and have the dead plants removed and new plants planted. Russ Utz, 2867 Tuberose Drive, San Jacinto, CA — commented about Councilmember Steve Di Memmo's request to have Public Safety Sub -Committee meetings become Special Meetings and have an agendized calendar. Mr. Utz made it to tonight's agendized Public Safety Sub -Committee meeting and Councilmember Di Memmo was not present. He thanked the city staff and city council for their great work and asked that the city council continue to keep the tone of the city where it needs to be. 3. CONSENT CALENDAR 3.1 January 8, 2009 Minutes — Regular Meeting / Approve / City Clerk 3.2 Warrants and Disbursements — December 2008 / Approve / Interim Finance Director 3.3 Ordinance No. 09-01 / An ordinance approving and adopting Change of Zone 4-08 / Approve 2"d reading of Ordinance No. 09-01; Approve and Adopt Ordinance No. 09-01; and by further motion read by title only; An Ordinance of the City Council of the City of San Jacinto, California, approving a Change of Zone from Residential Trailer (R-T) to General Commercial (C-2), located at 260 West Esplanade Avenue in the City of San Jacinto, County of City Council Minutes January 22, 2009 Page 5 of 19 Riverside / Planning Director 3.4 Continuation of the Proclamation of the Local State of Emergency due to high and damaging winds / Approve / City Attorney 3.5 Emergency Report for Ramona Expressway erosion prevention improvements and determination of need to continue emergency Public Works contracting pursuant to Public Contract Code 22050 / Approve / City Attorney and City Manager 3.6 Memorandum of Understanding between San Jacinto Unified School District (SJUSD) and the City for School Resource Officer Services for FY 08-09 / Approve and Authorize city manager to execute MOU / Police Chief 3.7 Speed humps installation on Buckingham Drive / Approve and Authorize installation / City Engineer 3.8 Master Agreement for Federal -Aid Projects and Program Supplement Agreement with CalTrans / Ramona Expressway from State Street (SR79) to Lake Park Drive / Approve and Authorize city manager to execute same / City Engineer 3.9 Police Activities League (PAL) / Jim Conner Youth Center at Sallee Park / request for mural / Approve and Authorize Gang Resistance Education and Training (GREAT) Program to hire a muralist for said building / Assistant City Manager 3.10 Measure A and Article 3 Transportation Funds / Independent Accountants Reports for the year ended June 30, 2008 / Receive and File / Interim Finance Director 3.11 Resolution No. 3229 / A resolution initiating the annexation of territory commonly known as DBN Parkside LLC APNs 435-190-052 and 435-190-053 into AD 2003-1, Annexation No. 31 / Approve and Adopt / Special Tax Consultant and City Attorney 3.12 Resolution No. 3230 / A resolution approving the Engineer's Report regarding annexation of territory commonly known as DBN Parkside LLC APNs 435-190-052 and 435-190-053 into AD 2003-1, Annexation No. 31 / Approve and Adopt / Special Tax Consultant and City Attorney 3.13 Reimbursement Agreement between City of San Jacinto and D.R. Horton for The Villages of San Jacinto Specific Plan (aka Tenaya) / Approve the agreement in the amount of $195,264.26 for preparation and processing of a Supplemental Environmental Impact Report (EIR), a 475 acre specific plan proposed in the western area of the City on the south side of Ramona Boulevard, west of Sanderson Avenue, east of Ordell Avenue, City Council Minutes January 22, 2009 Page 6 of 19 north of EMWD Regional Wastewater Treatment Plant / Approve and Authorize mayor to execute / Planning Director 3.14 San Jacinto River Levee final design services cost sharing agreement with Riverside County Flood Control and Water Conservation District (RCFC) for final design of the San Jacinto River State 4 Levee project / Approve and Authorize mayor and city manager to execute / City Engineer M/S/C (Ayres / Mansperger) moved to approve the Consent Calendar as presented. Motion carried 4/0. Ayes: Ayres, Mansperger, Potts, Stubblefield Nays: None Absent: Di Memmo Abstain: None 4. PUBLIC HEARING 4.1 General Plan Amendment 3-07, Planned Unit Development 2-06 and Tentative Tract Map No. 34664 / Planning Director / A proposal to change the General Plan designation on a 4.01 acre parcel from Low Density Residential to Medium Density Residential and to change the zoning from single Family Residential +(R-1) to Two -Family Residential -Planned Unit Development (R-2-PUD), and to subdivide the property into 37 single family residential lots; located on the west side of Kirby Street approximately 330 feet north of Esplanade Avenue / Applicant: Mario Zamorano, 3590 S. Dartmouth Lane, Rowland Heights, CA 91748 A) Adopt the Mitigated Negative Declaration B) Adopt Resolution No. _ approving General Plan Amendment 1-07 based upon the Planning Commission's recommendation C) Ordinance No. 09-02 for the Planned Unit Development 2-06 based on Planning Commission's recommendation / Approve introduction and first reading of Ordinance No. 09-02; and by further motion read by title only: An Ordinance of the City Council of the City of San Jacinto, California, approving a Change of Zone from Single Family Residential (R-1) to Two -Family Residential PUD (R-2-PUD), located on the west side of Kirby Street, north of Esplanade Avenue in the City of San Jacinto, County of Riverside D) Approve Tentative Tract 34664 subject to the attached Conditions of Approval City Council Minutes January 22, 2009 Page 7 of 19 Planning Director Asher Hartel gave staff report and reviewed the highlights of the project and requests before the city council. The proposed project has 37 single family lots located on five acres. Vice Mayor Mansperger asked if this project mirrors the Osborne development to the north. Planning Director Hartel stated that the Osborne Development has a mixture of two story and single story homes, and this project is all two story homes. The homes in the proposed development have greater setbacks. The home sizes range from approximately 1400 square feet to1664 square feet. This is a gated community with a secondary access for emergency use only. There is also a private park that is roughly 1/3 of an acre. Mayor Stubblefield questioned who owns the front yards and who will maintain the front yards? Planning Director Hartel stated that this is up to the developer, but he anticipates the homeowner will be responsible for maintaining their yards. Planning Director Hartel reviewed the front elevations and the architecture on the houses. Vice Mayor Mansperger doesn't like to see massive flat roofs on all of the homes. Planning Director Hartel stated that they worked with the architect to avoid stucco boxes. Planning Director Hartel stated that the council needs to replace a page in the staff report, sheet A-2, of the 8 total pages. Mario Zamorano, Ready Consultants, 1050 Whittier Blvd. Unit A, La Habra, CA, (applicant) - is present tonight to answer any questions that the council may have. Councilmember Ayres stated that the city has a scoring system in place to avoid stucco boxes throughout San Jacinto. He asked if the applicant felt his project had been scored fairly with a score of 63 when minimum passing is a score of 62? He is not inclined to approve housing projects when homes are not selling. He would be more supportive if there were any ideas from the applicant to raise the score. Mr. Zamorano replied that many changes were made to satisfy the differing opinions and feels that they did everything possible to make this a great project. Vice Mayor Mansperger asked about the visitor parking spaces and if there are enough. Mayor Stubblefield opened the Public Hearing at 7:55 p.m. City Council Minutes January 22, 2009 Page 8 of 19 Councilmember Ayres questioned how recreational vehicles will be addressed in this community with the limited space. Planning Director Hartel answered that there is not enough space due to the small lot sizes on this project. The largest side yard on these lots is seven feet and the smallest is 5 feet. There is no space to put a recreational vehicle alongside these homes. Mr. Zamorano also stated that there are several additional parking areas throughout the community. Vice Mayor Mansperger stated that he sees the potential in this project but wants to see better elevations and needs more information on the rooftops. He is concerned about the narrow streets and parking. Planning Director Hartel stated that Osborne's development next door has wider streets and some subtle differences. Councilmember Ayres believes this project can go forward but the council needs to give specific direction to the applicant so that this could be approved at a later date. City Attorney Jeff Ballinger stated that the city council could either continue the public hearing to a date certain, maybe a month or two later or they could table the item and continue to a date certain which would require another notice of the public hearing. Councilmember Potts stated that any questions he had were answered by staff prior to the meeting. He also stated that he is not fond of Planned Unit Developments (PUDs), but if the project meets the given criteria and guidelines, then it should be approved. Councilmember Ayres stated that he would like to continue the item for thirty days in order to further review the project. He believes PUDs serve a purpose and in general is not opposed to them. Mayor Stubblefield stated that he likes PUDs as they give diversity above and beyond standard housing. He wanted to know more about the engineering condition regarding where the water will drain. Planning Director Hartel replied that water will drain into existing facilities located to the west of this project. City Engineer Habib Motlagh explained that the engineering condition stated that an on site basin is needed, but short of that, the water will tie into the same line that the Osborne development will drain to, which is towards 7th Street and Sanderson Avenue. The recommendation of the basin was made to slow the queue of water going towards 7th Street and Sanderson Ave. Mayor Stubblefield stated that water drainage conditions need to be clearly integrated into the conditions. He prefers to have a height variation on the City Council Minutes January 22, 2009 Page 9of19 houses and was not sure if thirty days is adequate time to bring this item back before the council. Planning Director Hartel suggested having the elevations on the houses redone by the developer and architect so that the details are clearer and represent different perspectives. He asked if the council would want to see single story homes included in the map? It is unclear as to what the council wants in respect to the engineering conditions. Mayor Stubblefield suggested that the backs of the homes need to be finished and have some sort of variation especially since the property next door is vacant and the backs of the houses are visible from the street. Mr. Zamorano stated that there are only three lots that are large enough to fit a single story footprint. Planning Director Hartel stated that when you put a single story home on a lot, you need a large foot print, which takes away from the backyard space. Planning Director Hartel also stated that this project did go to the Predevelopment Sub -Committee and the project has been around for a while. Mr. Zamorano stated that he is concerned about opinions going back and forth and wants to get clear direction form the city council as to what direction they would like him to take. The applicant stated that he had agreed with Lennar Homes to make the extra access to the west, allowing Lennar Homes to be able to build more homes. Lennar Homes, in turn, was going to provide utilities and bring in the drainage to the applicant's site. Thereby, eliminating a need for a retention basin on this site. Councilmember Ayres stated that clearer direction needs to be provided to the applicant and he would not be opposed to wider streets. Mayor Stubblefield responded that he is comfortable with wider streets, but is not opposed to the design that is in front of the council right now. Mr. Zamorano clarified that he would re -do the roof elevations, and come back in thirty days. Mayor Stubblefield stated that the applicant will come back to the February 19, 2009, City Council Meeting to present the revised renderings. Councilmember Ayres noted that multi renderings will work for the city council. Vice Mayor Mansperger stated that he would like to see some single story properties, and if the property to the north can do it, he does not see why there City Council Minutes January 22, 2009 Page 10 of 19 is an issue. Mr. Zamorano replied that the property to the north has single story homes that are one thousand square feet. Mr. Zamorano offered to change the three homes located on the larger corner lots to single story homes, rather then the two story homes shown on the current map. Mayor Stubblefield asked if there are any requests to speak. Mayor Stubblefield closed the Public Hearing at 8:15 p.m. M/S/C (Ayres / Stubblefield) moved to continue the Public hearing thirty days from today, February 19, 2009, in order for the applicant to bring back the recommended changes requested by the city council. Motion carried 4/0. Ayes: Ayres, Mansperger, Potts, Stubblefield Nays: None Absent: Di Memmo Abstain: None Mayor Stubblefield called for a short recess at 8:16 p.m. The meeting reconvened at 8:26 p.m. 4.2 Change of Zone 1-08 and Staff Review 1-08 Public Hearing / Applicant: Mountain View Capital, LLC / 10765 Double R Boulevard, Suite 200, Reno, NV 89521 / Planning Director A) Adopt a Mitigated Negative Declaration B) Ordinance No. 09-03 / Approve introduction and first reading of Ordinance No. 09-03 and by further motion read by title only; An Ordinance of the City Council of the City of San Jacinto, California, approving a Change of Zone from SP 1-91 to General Commercial (C-2) at the southeast corner of Ramona Expressway and Bridge Road in the City of San Jacinto, County of Riverside C) Approve Staff Review 1-08 subject to the attached Conditions of Approval Planning Director Hartel gave the staff report: The proposed shopping center is located on seven acres located on the Southeast corner of the future Bridge Street. The project site is located between Ramona Expressway and Ramona Boulevard, near Shea Homes. This project was heard by the Planning Commission on December 11, 2008, and they recommended approval of the project. The conceptual elevations are in the packet's that were given to members of the city council. All of the buildings are single story, with a stucco exterior. The applicant is proposing extensive landscaping along Ramona City Council Minutes January 22, 2009 Page 11 of 19 Expressway, including a meandering sidewalk along with a bike path. The landscaping is conditioned to meet city's guidelines. The zone change is requested to go from the existing zoning from a specific plan that expired, which was Specific PIan1-91. The developer is requesting to have the zoning changed to General Commercial C-2. The Planning Commission made some changes to the conditions of approval which were: • including the addition of a bike path along Ramona Expressway • an engineering condition to limit the number of left turns at the Bridge Street access • eliminating a condition which was a reciprocal access provision which was not necessary for this project • at the request from the Metropolitan Water District (MWD), an inclusion of water conservation measures and the ability to review the plans in order to protect the aqueduct on the adjacent property to the south. Mayor Stubblefield asked if the buildings located at the corner of Bridge Street and Ramona Expressway, are they for a food court or coffee shop? Planning Director Hartel responded that yes, that is the intention of those buildings. Councilmember Ayres stated that seventy thousand square feet of new commercial retail near or adjacent to the Gateway is achieving another one of the council's goals and he fully supports this project. Councilmember Potts asked if the bike path along Ramona Expressway runs into Mid County Parkway? Is there going to be a bike path along a major corridor? Planning Director Hartel explained that the bike path, in this location, won't become one in the same. Councilmember Ayres stated that this bike path connects into another bike path to the east. Vice Mayor Mansperger stated that there are trails that extend from the Shea Homes tract. In regards to the walking area just outside of the commercial development, he would like to have the option to connect the housing tracts to the retail area. There should be an area for people to sit outside, where the trees are placed on the map. This would also break up the back of the building. He wanted to confirm that buildings A and B are coffee shops / restaurants. He would like to see small patios on the back side of the building, but probably not along the Expressway. Mayor Stubblefield wanted to know what the elevation is from the Expressway to the proposed commercial center? Assistant City Manager Tim Hults answered that there is no elevation, it is at grade. City Council Minutes January 22, 2009 Page 12 of 19 Vice Mayor Mansperger asked about building G and it appears that there is a rear access for loading and unloading of trucks. Planning Director Hartel responded that, yes it is an access along with some additional parking spaces. Vice Mayor Mansperger asked if there would be a rod iron fence along this area, or a block wall. Planning Director Hartel stated that the plans do not show any type of a wall, but the applicant is present and he could ask him about the block wall. Councilmember Ayres stated that something similar to what Wal-Mart did would be appropriate in this location. Mayor Stubblefield opened the Public Hearing at 8:40 p.m. Mike O'Hagan, Stanter Consulting, 2590 Venture Oaks Way, Sacramento, CA — is from the consulting firm representing the applicant. The applicant is in agreement with the conditions of approval, but he does have two questions. In regards to the conditions, the engineering portion of the letter dated December 11, 2008 from the memo on November 25, 2008, notes a six foot sidewalk and a class one bikeway. What was discussed at the Planning Commission was that the two paths would be combined, so that there are not two separate trails, to address the meander that will take place. In regards to condition number sixteen, the requirements for Ramona Expressway, they agree with the ninety- two foot half section, abatement and median landscaping, the twenty-five foot landscape that was discussed at the Planning Commission to allow for the developer to include a ten foot landscape area that was outside of the right of way. In regards to buildings C and D, they are conceptual at this time. Since they do not have end users at this point, the developer can't guarantee who will be the end users spaces. Councilmember Ayres stated that he wants to hear that the developer will work with staff when they get to the point of establishing an end user. Mr. O'Hagan stated again that they will work with staff, but can't make an absolute commitment without knowing the end user. Mr. O'Hagan stated that he believes the wall along the MWD easement is a block wall and there is another block wall on the northerly side of the Shea Homes development. Therefore, There is a double block wall along the MWD easement which might impact a connecting walkway. Vice Mayor Mansperger stated that they really need to try and connect the paths with Shea Homes, allowing people to not have to go walking through brush in order to get to the shopping center. He would also like to see some City Council Minutes January 22, 2009 Page 13 of 19 type of vine along the block walls as a graffiti deterrent. Mr. O'Hagan stated that there is no problem with that, but they may not be able to plant anything on the MWD side, but they will work with staff when they get to that point. Vice Mayor Mansperger stated that he believes this a great project. Mayor Stubblefield closed the Public Hearing at 8:46 p.m. M/S/C (Mansperger / Ayres) moved to approve the item as presented with direction to work with staff on the end user spaces, pathways and vines along the block wall. Motion carried 4/0. Ayes: Ayres, Mansperger, Potts, Stubblefield Nays: None Absent: Di Memmo Abstain: None 4.3 Urgency Ordinance No. 09-04 / An ordinance adjusting the sewer rate imposed by EMWD per interagency agreement from $.584/day/edu ($17.76/month) to $.634/day/edu ($19.28/month) effective January 7, 2009, and applied to billings on or after February 7, 2009 / Approve and Adopt Ordinance No. 09-04 and by further motion read by title only: An Urgency Ordinance of the City Council of the City of San Jacinto, California, Adjusting Sewer Rates to Comply with an Interagency Agreement with Eastern Municipal Water District / Interim Finance Director Councilmember Ayres stated that when the city council is voting on a rate increase, they need to have all five council members present, even if this is a mandated increase. He asked that this item be continued to the next meeting. Mayor Stubblefield agreed and would also like to have a representative from EMWD present to answer any questions from the public. City Manager Barry McClellan responded that after the EMWD goes through the Proposition 218 requirements the city is then required to post this as an urgency ordinance. He asked interim Finance Director Connie Rogers -Elmore, if this item is continued to the February 5, 2009, meeting. The rate increase is scheduled to take affect on February 7, 2009, and does that give the city enough time to implement the increase? Interim Finance Director Connie Rogers -Elmore responded that the implementation is possible with continuing this item to the February 5, 2009 City Council Meeting. City Council Minutes January 22, 2009 Page 14 of 19 M/S/C (Ayres / Potts) moved to continue this item to the February 5, 2009 meeting where all five city council members are present. Motion carried 4/0. Ayes: Ayres, Mansperger, Potts, Stubblefield Nays: None Absent: Di Memmo Abstain: None 5. STAFF REPORTS 5.1 San Jacinto Museum Parking Lot / Approve plans and specification for parking lot landscaping and Authorize staff to advertise for bids / Redevelopment Operations Manager Redevelopment Operations Manager Steven Pasarow stated that the city is ready to put the San Jacinto Museum parking lot landscaping project out for bid following the parking lot completion. The landscaping will be drought tolerant so that it meshes with the existing gardens. This will also be zero- scape landscaping, with plants that are very similar to or the same as what plants already exist at the museum. The advisory committee approves of the suggested landscaping. He expects this project to be finished by the July 4th parade. The Redevelopment Agency will fund the balance of the bid amount. City Manager McClellan stated that staff should include the schedule in the bid process and inform city council with the calendar. Redevelopment Operations Manager Pasarow stated that the landscaping will go in on all sides of the parking lot. This does not address the gap issue. The monumentation will be addressed in a larger project that the city engineer is working on. M/S/C (Ayres / Mansperger) moved to approve the item as presented. Motion carried 4/0. Ayes: Ayres, Mansperger, Potts, Stubblefield Nays: None Absent: Di Memmo Abstain: None 5.2 Staff's request for direction by the City Council regarding the relocation of up to twelve mature olive trees from the old Soboba Mansion property to the Estudillo Mansion and Heritage Park pursuant to a request from the Estudillo Mansion Advisory Committee / Direct staff / Redevelopment Operations Manager City Council Minutes January 22, 2009 Page 15 of 19 Redevelopment Operations Manager Pasarow explained that this is another item for the Estudillo Mansion property. The Estudillo Mansion Advisory Committee checked with Peter Hubinger, the owner of the property around the old Soboba Mansion, to see if he would donate olive trees to the city to be moved to the Estudillo Mansion grounds. Mr. Hubinger agreed as long as the city agreed to pay for the removal of the trees. Redevelopment Operations Manager Pasarow checked with the city park staff to see what the cost would be to move the trees, and found out it would be costly to move the trees. Another option would be to purchase new trees, 24" box trees and have them professionally installed by a landscape company, which would cost considerably less. The old olive trees have a potential for not moving well because of the age of the trees, they are approximately eighty to ninety years old and have a high mortality rate, as opposed to a younger tree. Mayor Stubblefield asked if arborists have looked at the trees? Redevelopment Operations Manager Pasarow responded that Tom Quast said the olive trees can be moved but the full transplant shock is unknown. Vice Mayor Mansperger stated that he doesn't want to put little trees at the mansion. The mature olive trees are a better fit at the mansion and are historically correct. All of the bids that were received were verbal bids. He is concerned that due to the soil conditions it might not be favorable to move these trees successfully and he doesn't want the project to escalate into significantly more money. Councilmember Ayres stated that there is always a risk involved in transplanting trees and we need a professional excavation and planting company to do this. He is willing to support the recommendation. This is a better alternative from the existing palm trees and more historic. This is a major investment but he recommends moving forward. Mayor Stubblefield would like to know what the estimated cost is compared to the actual cost. He believes bids are necessary on this project to see what the actual cost would be. Councilmember Ayres stated that the city has been working on the Estudillo Mansion for nine years and should be finished right. Vice Mayor Mansperger noted when that if the property where the olive trees are gets developed, the trees will disappear. He recommended approving this item with the estimated verbal cost of $58,000 dollars. Redevelopment Operations Manager Pasarow stated that he will bring back estimates for the council to review. City Council Minutes January 22, 2009 Page 16 of 19 M/S/C (Potts / Mansperger) moved to approve the item as presented and directed staff to bring back estimates for council review. Motion carried 4/0. Ayes: Ayres, Mansperger, Potts, Stubblefield Nays: None Absent: Di Memmo Abstain: None 5.3 Award contract for Bath Tank #2 structural repairs (CIP 07-021) / City Engineer A) Award the contract for the Bath Tank Structural Repairs Project (CIP 07-021) to Paso Robles Tank, Inc., in the amount of $304,950.00 and reject all other bids B) Appropriate $85,000 from the Water Capital Fund to augment the budgeted $290,000 for the contract amount, plus 10% contingency and additional funds for soft costs as outlined in the staff report M/S/C (Ayres / Potts) moved to approve the item as presented and award the contract to Paso Robles Tank, Inc. Motion carried 4/0. Ayes: Ayres, Mansperger, Potts, Stubblefield Nays: None Absent: Di Memmo Abstain: None 5.4 Cost Control Associates, Inc — Telecom and Energy Cost Containment Services / Approve, subject to changes required by city attorney, a contingency fee -based contract with Cost Control Associates to provide cost recovery and reduction services on energy and telecom and Authorize city manager to execute agreement and future amendments / Assistant City Manager Councilmember Ayres left the dais at 9:11 p.m. Assistant City Manager Hults gave the staff report. This proposal is for an audit of the cities telecom and energy uses. The firm would determine whether or not the city has the appropriate connections. If the utilities are not appropriate, then the company will work with the utility companies to reduce the costs. Their only compensation is a percentage of the city's savings. If they are unsuccessful, then Cost Control Associates would not be compensated for their work. He believes the city will save some money with this company's service. Councilmember Ayres returned to the dais at 9:13 p.m. City Council Minutes January 22, 2009 Page 17 of 19 City Manager McClellan noted the city could save some money by using this company to perform the audit. M/S/C (Potts / Ayres) moved to approve the item as presented. Motion carried 4/0. Ayes: Ayres, Mansperger, Potts, Stubblefield Nays: None Absent: Di Memmo Abstain: None 5.5 Ramona Boulevard Median Artwork Options Presentation / Select an option for artwork in the Ramona Boulevard median / Assistant City Manager City Landscape Architect Ron Kaymeyer presented four options of artwork for the city council to consider at Ramona Boulevard and Tiger Lane. 1) The first is a topiary plant in the shape of a tiger and shows some stripes and has character. The estimated cost would be between five -thousand dollars and ten -thousand dollars. 2) The second option is a metal sculpture which would show a little more detail of the tiger. The cost is estimated from ten to twenty -thousand dollars, if they chose to do two sculptures, it would probably cost around twenty five thousand dollars. 3) The third option is a pre -cast concrete design that would cost roughly eighteen to twenty-two thousand dollars. 4) The fourth option is a bronze statue and the price depends on the artist, with estimates from thirty thousand to fifty -thousand dollars. Councilmember Ayres stated that he likes option number one and had the same opinion when he first saw it. He would also like the flag banners removed from the palm trees and put on telephone poles. He would like to have the median finished for the 4th of July parade this year. Vice Mayor Mansperger asked if the orange and black colors will be part of this tiger? What if a car hits this tiger, could boulders protect it? City Landscape Architect Kaymeyer responded that boulders will be part of the design to help protect the tiger from cars; they will secure it as much as possible. He also clarified that the tiger will be mostly green. Councilmember Potts asked if this is a budgeted item and that this is not a new expense? Where is the money coming from? City Council Minutes January 22, 2009 Page 18 of 19 Councilmember Ayres responded by saying that the money is coming from the five and a half million dollars that the State of California gave the city for the Highway 79 relinquishment. This is not coming from the General Fund. M/S/C (Ayres / Mansperger) moved to approve the item as presented and directed staff to move expeditiously to acquire the tiger for the median at Ramona Boulevard and Tiger Lane. Motion carried 4/0. Ayes: Ayres, Mansperger, Potts, Stubblefield Nays: None Absent: Di Memmo Abstain: None Mayor Stubblefield recessed the regular meeting at 9:29 p.m. to hear the Redevelopment Agency Agenda and reconvened the council's regular meeting at 9:55 p.m. 6. MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS 6.1 Committee and/or Agency Agendas / Receive and File / City Clerk Councilmember Potts reported that he attended his first RCTC meeting. He also attended the City of Riverside homeless summit, the ribbon cutting ceremony at Terracina Apartments, the San Jacinto Valley Museum meeting and the San Jacinto chamber mixer. Councilmember Ayres passed on his report. Vice Mayor Mansperger reported that he also attended the ribbon cutting ceremony at Terracina Apartments, and noted it turned out great and he also attended the San Jacinto chamber mixer. Mayor Stubblefield reported that he attended the DBN ribbon cutting ceremony for the medical center facility and he also was a judge for the PAL contest. Mayor Stubblefield recessed the regular meeting at 10:00 p.m. and reconvened in Closed Session at 10:05 p.m. 7. CLOSED SESSION 7.1 CONFERENCE WITH LEGAL COUNSEL - - EXISTING LITIGATION (Pursuant to Subdivision (a) of Section 54956.9) Name of case: City of San Jacinto v. Camilo O. Primero, M.D., Inc. Riverside Superior Court Case No. RIC 404638 City Council Minutes January 22, 2009 Page 19 of 19 No reportable action 7.2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Section 54956.9: One (1) case No reportable action 8. ADJOURNMENT With no further business before the city council, Mayor Stubblefield adjourned the meeting at 10:35 p.m. ATTEST: Dorothy L. Chouinard, City Clerk City of San Jacinto By Dale Stubblefield, Mayor Approved as read Approved as amended MINUTES SPECIAL MEETING OF THE SAN JACINTO CITY COUNCIL JANUARY 22, 2009, 6:15 p.m. 2045 S San Jacinto Avenue, San Jacinto Unified School District Board Room San Jacinto, CA 92583 1.0 ORGANIZATION 1.1 1.2 Call to Order Mayor Dale Stubblefield called the meeting to order at 6:15 pm Roll Call Present: Jim Ayres, Jim Potts, Dale Stubblefield Absent: Steve Di Memmo, John Mansperger, 2.0 PUBLIC COMMENTS 3.0 OLD BUSINESS None 4.0 NEW BUSINESS 4.1 Dedication of Col. Lewis Millett Park Councilmember Jim Ayres has been in communication with Colonel Sick of the Junior ROTC at San Jacinto High School and suggested to him that his troops perform at the park dedication. He noted that some of the senior students have already enlisted in the military: To see and meet a Congressional Medal of Honor winner would be important for them. This would be a great addition to the park dedication. It would not cost anything and the students would be thrilled to do this. Public Works Director Mike Emberton stated that they have removed some of the language on the existing park sign, but will keep the same sign with the changes. Councilmember Ayres suggested that the Sub -Committee review where the monument sign and flagpole will be placed at the park. Vice Mayor John Mansperger arrived at 6:19 p.m. Councilmember Ayres noted that representatives from the VFW and American Legion will have a number of delegations present at this park dedication. City Council Special Meeting January 22, 2009 Page 2of7 Councilmember Ayres suggested that they ask the San Jacinto High School Band Director Jan Nichols, if the band play could be available to play a military medley at the ceremony. Vice Mayor Mansperger stated that he is concerned about parking if they are expecting a couple hundred people. Councilmember Ayres suggested that the police department can figure that issue out. Vice Mayor Mansperger stated that he has the code to the developer's construction gate and they could probably park some of the city vehicles there if needed. City Attorney Jeff Ballinger stated that the city will need the developer's permission in order to park there during the park dedication. Councilmember Ayres also noted that a tent is needed in case of inclement weather. Public Works Director Emberton responded that the city is planning on having a tent. City Manager Barry McClellan clarified that there was a council action where they requested to have a tent on standby and have the money available. Councilmember Ayres stated that he would rather not have the tent if it is a nice day. If the band marches at the dedication then they will need to use the basketball court. Councilmember Ayres noted that the public address system needs to be hard wired. He also noted that this particular day was chosen, as it is commemorates the fiftieth anniversary of Colonel Millett's famous charge. Councilmember Jim Potts noted that he and the volunteer coordinator went out with the old police car and went to different veteran's posts' and senior developments to pass out flyers. He also gave one to the school district, the county veterans, to past veteran official Bill Dunsmore. Councilmember Ayres wanted to know if any confirmation was received from other elected officials on their attendance or maybe they send a field representative with some sort of recognition. Colonel Millett would really like to be recognized by Congresswoman Mary Bono. 4.2 Update on recent police activities Police Chief Bill Tyler reported that the police department started Watch 4 today, which is in effect from 2:00 a.m. through 6 p.m., and will help in alcohol related and tagging issues. There had been a number of calls from 2:00 a.m. through 6:00 a.m. and will allow for more proactive service to the community during these hours. During the last few weeks the police department has been looking at a few different grants. One in particular is a one -hundred -twenty -thousand dollar traffic grant, which will provide the city with more overtime money for traffic officers to provide for more DUI checkpoints, teaching DUI courses City Council Special Meeting January 22, 2009 Page 3of7 in schools and speed related issues, red light enforcement and seat belt violations. This will probably give the city an additional six to seven additional saturations a year and an additional six to seven DUI checkpoints per year and five or ten day time enforcements for red light and speeding violations. If the grant is approved, he will bring it back to the Public Safety Sub -Committee for their review. Police Chief Tyler spoke of the results of the Click -It and Ticket Grant that the police department has been working: As of today's date, they have citied three hundred ninety five seat belt violators from November 17, 2008 through November 30, 2008, a two week time frame. Councilmember Ayres responded that those statistics are amazing and he wanted to know if any of these people were caught going through the recent DUI checkpoint. Vice Mayor Mansperger noted that on the Click -It or Ticket program, the police department need to focus on children not wearing seatbelts. Police Chief Tyler also stated that the police department is going to go outside of the grant to saturate an area over one day to enforce the Click - It or Ticket policy. Police Chief Tyler then reviewed the DUI mini grant and the last check point on December 19, 2008 (this item was heard out of order). He noted that eight hundred forty-nine vehicles went through the check point: • they administered twenty four FST's (Field Sobriety tests) • there was one criminal arrest outside of alcohol • four Dui arrests • ten suspended drivers license • fourteen vehicles were impounded. This was over a six hour period. Councilmember Ayres questioned if it would be valid to run the DUI checkpoint after midnight. Police Chief Tyler stated that the police department tries to mix up the times and locations. Two weeks ago they did a driver's license safety check and they towed ten to fifteen vehicles for unlicensed drivers. They are trying to determine where these people are coming into the city and which day. This aids in crime analysis. In regards to police activities, there are 290 sex offense registrants, which Councilmember Ayres had asked abut in the last city council meeting. In the month of December, there were 13 new registrants in San Jacinto. They arrested one for being out of compliance. The total number of 290 registrants in San Jacinto is ninety-nine. The reason for different information being due to three categories; 1. full disclosure 2. partial disclosure 3. no post or excluded disclosure City Council Special Meeting January 22, 2009 Page 4 of 7 provided on these registrants is He explained the difference between each category. Police Chief Tyler also noted that the police department has saved seven - hundred -forty dollars from the police volunteers donated time. There were two -thousand -three -hundred three overall calls for service in the month of December, 2008. 4.3 Review request from Councilman Di Memmo regarding redeployment of officers City Manager McClellan stated that Police Chief Tyler hasn't had time to analyze this request, as we just received the request three days earlier. Mayor Dale Stubblefield stated that he had seen the request and thought it odd just hearing an incredible presentation from the Gang Task Force. Councilmember Ayres stated that he saw the e-mail and views the request to create a special gang unit as a knee-jerk reaction. The three people that were recommended to be pulled off of their current assignment were; an officer under contract with the school district, and a motorcycle officer. He did not mention the third officer. The City of San Jacinto is not a city of drive-bys: This is a freak incident. He believes Police Chief Tyler will have a plan and he is an expert and would wait to see what Police Chief Tyler's recommendation is to the council. This city council needs to continue to act with responsibility, not snap judgments and knee jerk reactions. Councilmember Potts doesn't see this decision being made by the city council. The police department needs to do it as they have the training and experience to handle this matter. Vice Mayor Mansperger believes what the city has with its police department is working. The city would be reducing our police resources to create a new gang task force. Mayor Stubblefield stated that there are gangs all over and need the work of the multijurisdictional agencies to make these programs work. Councilmember Potts stated that such a tragic incident is a good example of why the city has done the right thing in employing the sheriff's department. He was at the scene that night as a volunteer and there were several detectives working on the scene very quickly. Police Chief Tyler City Council Special Meeting January 22, 2009 Page 5 of 7 called in detectives from other areas to assist in the investigation: This would have been very difficult to produce with our own police department. Councilmember Ayres stated that we are policy makers; the council is not to be directing staff without all of the information. The city spends nine million dollars on our sheriff's contract annually and he trusts them. Police Chief Tyler stated that you have to have balance and you cannot have a knee jerk reaction to one incident. There is always a cause and effect. If you take away from other areas then those depleted areas are now affected. It makes things worse as officers are deterrent based on where they are currently. He concurred with City Manager McClellan in saying that if you take one away the effect is taking six officers away. Councilmember Ayres responded that he believes San Jacinto as a relatively safe city based on the policies that have been implemented. In his opinion, as tragic as this event was, it was a random act and unless there is evidence to the contrary that shows this was not a random act, then they will deal with it at that time. Police Chief Tyler stated they are aggressively pursuing this case and believes they will bring those perpetrators to justice 4.4 Report on DUI checkpoint This item was included in item 4.2. 4.5 Update on Graffiti Taggers program Police Chief Tyler presented an update on Graffiti Tracker, otherwise know as GRIP. He noted that in 2007, there were 682 graffiti incidents, and up to today's date the number of incidents has increased in total to 3,425. The total square footage of graffiti damage in San Jacinto in 2008 was 29,918 square feet. The total amount from this damage is $299,000 and the police department arrested twenty-six individuals for graffiti damage in 2008. Chief Tyler spoke of a story that occurred last Sunday, where they went to remove graffiti and the zone deputy who was doing his job and canvassing the neighborhood, ended up waking a sixteen year old boy who had spray paint all over his hands and a spray paint can next to his bed. The police department was able to arrest three suspects from that one incident. City Manager McClellan noted that Valley Wide is now participating in the Graffiti Tracker program and they have contracted with Hemet Police Department to take care of all their graffiti removal. This will aid San Jacinto as well, since San Jacinto can now obtain more information from City Council Special Meeting January 22, 2009 Page 6 of 7 other local areas to help catch these vandals. Police Chief Tyler commented that the police department is going to change their software in order to save money. He met with Graffiti Tracker, the original manufacturer of the software, so the police department can obtain more information and crime analysis by having this software and partnership with many other local agencies. He believes this will be more effective and assist the city in catching people who vandalize property with graffiti. Councilmember Ayres asked if the police department is monitoring etching's that occur at gas pumps? Police Chief Tyler stated that they can photograph it but would look to Public Works Director Emberton as far as removal. Public Works Director Emberton stated that the city doesn't usually remove graffiti or etchings from gas pumps and that they just advise the owner of the damage. Police Chief Tyler stated that the police department will detain a suspect when known. The police department has been successful with reviewing pictures with the suspects when they are caught and that these suspects do admit to all of the graffiti they have done. The total amounts of damages are then turned over to the city attorney for the city attorney's office to aggressively seek restitution for the damages. Vice Mayor Mansperger asked about restitution and believes the square footage fee is too low. If a new block wall is built and it is damaged the city has to repaint it. That wall is not new anymore. He would like to see that wall made new again and not left being something that is substandard. Police Chief Tyler proposed looking at a rate of what it costs to remove graffiti, including materials, labor, and rentals. What the cost would be to bring the property back to its prior state before the graffiti could be researched. Vice Mayor Mansperger stated that he wants to send the message that the police department and the city are pursuing graffiti very aggressively. He does believe that the square footage formula is low. Councilmember Ayres suggested that a second time offender pays double, and a third time offender pays triple. Would that be possible as a fine? City Attorney Ballinger responded that the overall fine's go to the judicial system and the city doesn't see much of the money, but it does work as a deterrent. Police Chief Tyler stated that estimated damage needs to include removing graffiti and replacing property when necessary. The Graffiti Tracker software will allow for adjustments to be made when trying to find the accurate property damage caused by graffiti. City Council Special Meeting January 22, 2009 Page 7 of 7 Public Works Director Emberton stated he is not sure how to calculate exact amounts owed for damage to a wall, but there has to be a way to figure it out. Vice Mayor Mansperger would like to see the new development walls use vines as these vines are a great deterrent. Councilmember Ayres also mentioned that the city needs to condition developers to illuminate entryways into new developments. Assistant City Manager Tim Hults stated that illuminating entryways is on the Landscape Guidelines now. Police Chief Tyler reviewed some more statistics in regards to graffiti and noted that the trend is going down. He thanked Public Works Director Emberton for all of their work. Public Works Director Emberton responded that he appreciates the police department being so aggressive. Police Chief Tyler then introduced Sergeant Rick Garcia, Day Shift Patrol Officer and School Resource Officer and Deputy David Sandoval is part of the GREAT (Gang Resistance And Education) program and works with SRO's. 5.0 MEMBERS REPORTS / DISCUSSIONS 6.0 ADJOURNMENT With no further business before the city council, Mayor Stubblefield adjourned the special meeting at 6:57 p.m. ATTEST: Dorothy L. Chouinard, City Clerk City of San Jacinto By Dale Stubblefield, Mayor Approved as read Approved as amended AGENDA ITEM TO: FROM: VIA: February 5, 2009 The Honorable Mayor and Members of the City Council Connie Rogers -Elmore, Interim Finance Director Thomas Prill, General Accounting Manager SUBJECT: Treasurer's Report at December 31, 2008 RECOMMENDATION: Receive and File Treasurer's Report for December 31, 2008. BACKGROUND: The Treasurer's Report is required to be presented to the governing body at least quarterly in accordance with California Government Code Section 53600 et. seq. DISCUSSION: Total Cash and City Investments decreased 2.56% during the month. This includes cash, cash in bank and cash with trustee. The attached Treasurer's report is a "snapshot" report of our cash position on the last day of the month in all of our accounts. FISCAL IMPACT: None. ATTACHMENTS: Treasurer's Report for the month ending December 31, 2008. Page 1 INVESTMENT TYPE INSTITUTION SERIAL # INTEREST PURCHASE MATURITY RATE YIELD DATE DATE TREASURER'S REPORT FOR THE MONTH ENDING DECEMBER 31, 2008 11/30/2008 PREY. MONTH BALANCE 12/31/2008 CURRENT BALANCE % change from prior month 12/31/2008 COMPUTED MARKET ACCRUED VALUE INTEREST STATE POOL STATE POOL CAMP MONEY MARKET DEMAND Account PAYROLL Account L.A.I.F. L.A.I.F. - RDA Joint Powers Authority Bank of Hemet Bank of Hemet Bank of Hemet Cash on Hand TOTAL CITY INVESTMENTS & FUNDS CFD NO 2 Mutual Fund Mutual Fund Mutual Fund Mutual Fund Corporate Obligations Mutual Fund Mutual Fund Mutual Fund Mutual Fund Mutual Fund Mutual Fund Mutual Fund Mutual Fund Mutual Fund Mutual Fund Mutual Fund Trustee Union Bank Union Bank Union Bank Union Bank Union Bank Union Bank Union Bank Union Bank Union Bank Union Bank Union Bank Union Bank Union Bank Union Bank Union Bank Union Bank TOTAL CFD 2.543% 2.573% Various Open 2.543% 2.573% Various Open 1.740% 1 .754 % Various Open 2.130% 2.151% Various Open 0.000% 0.000% Various Open 0.000% 0.000% Various Open 0.000% 0.000% Various n/a RESTRICTED CASH WITH FISCAL AGENT (BOND FUNDS) Blackrock Prov. T-Fund Blackrock Prov. T-Fund Blackrock Prov. T-Fund Blackrock Prov. T-Fund Bayerische Lankbk GIC Blackrock Prov. T-Fund Blackrock Prov. T-Fund Blackrock Prov. T-Fund Blackrock Prov. T-Fund Blackrock Prov. T-Fund Blackrock Prov. T-Fund Blackrock Prov. T-Fund Blackrock Prov. T-Fund Blackrock Prov. T-Fund Blackrock Prov. T-Fund Blackrock Prov. T-Fund NO 2 2005 RDA SAN JACINTO TAX ALLOCATION BONDS Mutual Fund Union Bank Blackrock Prov. T-Fund 1997 WATER IMPROVEMENT REVENUE BONDS Mutual Fund Union Bank Blackrock Prov. T-Fund 2002 WATER REVENUE BONDS Mutual Fund Union Bank Blackrock Prov. T-Fund 1999 RDA SOBOBA TAX ALLOCATION BONDS Mutual Fund Union Bank Blackrock Prov. T-Fund ASSESSMENT DISTRICT 87-1 Cash BNY Bank of New York TOTAL CASH WITH FISCAL AGENT $39,365,558 $7,012,760 $7,766,691 $13,128 $703,492 $20,797 $850 $39,365,558 $6,012,760 $4,024,281 $2,516,562 $1,387,613 $42,913 $850 0.00% -14.26% -48.19% 19069.42% 97.25% 106.34% 0.00% $39,630,136 $264,578 $6,059,497 $46,737 $4,024,281 n/a $2,516,562 n/a $1,387,613 n/a $42,913 n/a $850 n/a $ 54,883, 276 $53,350,537 -2.79% $53,661,852 $311,315 XXXXXX5201 0.320% 0.320% Various Open $110 XXXXXX5202 0.340% 0.341% Various Open $23 XXXXXX5203 0.320% 0.320% Various Open $127 XXXXXX5204 0.320% 0.320% Various Open $15,228 XXXXXX5204 4.050% 4.126% 10/10/2002 09/01/2014 $748,800 XXXXXX5205 0.320% 0.320% Various Open $36,688 XXXXXX5208 0.320% 0.320% Various Open $266 XXXXXX5301 0.320% 0.320% Various Open $224 XXXXXX5401 0.320% 0.320% Various Open $169,789 XXXXXX5403 0.320% 0.320% Various Open $28 XXXXXX5405 0.320% 0.320% Various Open $187,610 XXXXXX5406 0.320% 0.320% Various Open $16,068 XXXXXX5501 0.320% 0.320% Various Open $938 XXXXXX5502 0.320% 0.320% Various Open $0 XXXXXX5503 0.320% 0.320% Various Open $0 XXXXXX5506 0.320% 0.320% Various Open $24,164 $1,200,063 XXXX75750X 0.404% 0.405% Various Open $3,479,008 XXXX59800X 0.320% 0.320% Various Open $235,023 $110 $23 $127 $15,230 $ 748,800 $36,693 $266 $224 $169,815 $28 $187,638 $15,607 $939 $0 $0 $24,168 0.00% 0.00% 0.00% 0.01% 0.00% 0.01% 0.00% 0.00% 0.02% 0.00% 0.01% -2.87% 0.11% 0.00% 0.00% 0.02% $1,199,668 -0.03% $3,479,526 0.01% $235,057 0.01 % $110 $23 $127 $15,230 $748,800 $36,693 $266 $224 $169,815 $28 $187,638 $15,607 $939 $0 $0 $24,168 $1,199,668 $3,479,526 $235,057 n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a XXXX68290X 0.320% 0.320% Various Open $29 $29 0.00% $29 n/a XXXX62740X 0.320% 0.320% Various Open $62,792 0.000% 0.000% Various Open $62,801 0.01% $62,801 n/a $916 $916 0.00% $916 n/a $4,977,831 $4,977,997 0.00% $4,977,997 n/a Prepared By: General Accounting Manager 01/23/2009 Page 2 INVESTMENT TYPE TOTAL ALL FUNDS INSTITUTION SERIAL # TREASURER'S REPORT FOR THE MONTH ENDING DECEMBER 31, 2008 11/30/2008 12/31/2008 % change 12/31/2008 COMPUTED INTEREST PURCHASE MATURITY PREY. MONTH CURRENT from prior MARKET ACCRUED RATE YIELD DATE DATE BALANCE BALANCE month VALUE INTEREST $ 59,861,107 $58,328,534 -2.56% $58,639,849 $311,315 I CERTIFY THAT THESE INVESTMENTS COMPLY WITH ALL STATE LAWS PERTAINING TO THE INVESTMENT OF LOCAL AGENCY FUNDS AND THE CITY OF SAN JACINTO'S INVESTMENT POLICIES. CITY OF SAN JACINTO MEETS OR EXCEEDS THE SIX MONTH CASH FLOW REQUIREMENTS AS PER GOVERNMENT CODEf53646(b)(3). TIM HULTS, TREASURER City of San Jacinto Prepared By: General Accounting Manager 01/23/2009 AGENDA - TRANSMITTAL FORM TO: Dorothy L. Chouinard, City Clerk Enclosure: Staff Report for CC [CC or RDA] _2nd Reading of Ordinance 9-03 (name — brief description) X Consent Calendar Item Meeting of 02/05/09 Public Hearing Item: Notice required yes no Copy attached yes no Published (date(s)) Notices sent (date(s) City Departments Item X Attachments include (this needs to match the attachment list in the Staff Report: ■ Ordinance 9-03 ■ ■ ■ ■ ■ ■ ■ Please provide a fully executed copy of documents to: Please record and return conformed copy Your IMMEDIATE attention is necessary Comments: Name of person that will be presenting item at the meeting Asher DATE: 1 /27/09 D. Clayton, Info Planner [Name or Initials], [Title] C:\Documents and Settings\dclayton\Desktop\AGENDA Transmittal Form.doc AGENDA ITEM February 5, 2009 TO: The Honorable Mayor and Members of the City Council FROM: David Clayton, Information Planner Via, Asher Hartel, Planning Director SUBJECT: Second reading of Ordinance No. 09-03 regarding Change of Zone 1-08. Applicant: Mountain View Capital, LLC 10765 Double R. Blvd, Suite 200 Reno, NV 89521 RECOMMENDATION: Staff recommends that the City Council, by motion, conduct the second reading to adopt Ordinance No. 09-03 approving Change of Zone 1-08 and by further motion read by title only: An Ordinance of the City Council of the City of San Jacinto, California, approving a Change of Zone from SP 1-91 to General Commercial (C-2) at the southeast corner of Ramona Expressway and Bridge Street. BACKGROUND: On January 22, 2009, Council approved the introduction and the first reading, by a 4-0 vote, of Ordinance No. 09-03 for Change of Zone 1-08 on 6.96 acres at the southeast corner of Ramona Expressway and Bridge Street Page 1 of 2 DISCUSSION: On January 22, 2009 the City Council conducted a hearing on the above project and considered the Planning Commission's December 11, 2008 recommendation for approval. Council introduced and approved the first reading of Ordinance No. 09-03. This second reading will adopt the Ordinance approving the Change of Zone, which will become effective in 30 days. FISCAL IMPACT: None ATTACHMENTS: • Ordinance No. 09-03 Page 2 of 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) ORDINANCE NO: 09-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA APPROVING A CHANGE OF ZONE FROM SPECIFIC PLAN 1-91 (SP1-91) TO GENERAL COMMERCIAL (C-2), LOCATED AT THE SOUTHEAST CORNER OF RAMONA EXPRESSWAY AND BRIDGE ROAD IN THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE. THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY ORDAIN AS FOLLOWS: Section 1. On December 11, 2008, the Planning Commission conducted a public hearing and recommended approval of a proposal to Change the Zone from Specific Plan 1-91 to General Commercial (C-2) subject site, as shown on Exhibit "A" attached hereto and incorporated herein. Section 2. On January 22, 2009, the City Council conducted a public hearing and approved the Change of Zone for the subject site, as shown on Exhibit "A" attached hereto and incorporated herein. Section 3. That the official Zoning Map of the City Council is hereby amended by adding thereto CZ 01-08 as herein set forth. Section 4. That the official Zoning Ordinance 340, of the City Council is hereby amended by adding thereto CZ 01-08 as set forth herein. Section 5. That the zoning of the property in the City of San Jacinto, as shown on Exhibit "A" attached hereto and incorporated herein, is hereby established as General Commercial (C-2). Section 6. The City Clerk shall certify the adoption of this ordinance and cause the same to be published in a newspaper of general circulation printed and published in the County of Riverside, State of California. Introduced at a regular meeting of said City Council on the 22nd day of January, 2009. MOVED, PASSED, AND ADOPTED at a regular meeting of the City Council on the 5th day of February, 2009 by the following vote. Ayes: Nays: Absent: Abstain: City of San Jacinto by Dale Stubblefield, Mayor ATTEST: Dorothy L. Chouinard City Clerk CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) I, Dorothy L. Chouinard, hereby certify that the foregoing is a true copy of Ordinance No. 09-03 duly adopted by the City Council of City of San Jacinto, California at a regular meeting thereof held the 5th day of February 2009. WITNESS my hand and official seal of the City of San Jacinto this day of 2009. Dorothy L. Chouinard, City Clerk Exhibit "A" Change of Zone 1-08 From SP1-91 to C-2 (General Commercial) CITY OF SAN JACINTO Community Development Department AGENDA ITEM 3, 5 February 5, 2009 TO: The Honorable Mayor and Members of the City Council FROM: City Attorney SUBJECT: Continuance of the Proclamation of the Local State of Emergency due to the Severe High and Damaging Winds RECOMMENDATION: Staff recommends that the City Council, by motion, approve the continuance of the Proclamation of the Local State of Emergency due to the Severe High and Damaging Winds. DISCUSSION: On October 26, 2007, the City Council approved Resolution No. 3117 proclaiming and ratifying the existence of a local emergency, as issued by the Director of Emergency Services/City Manager and resulting from the extreme high and damaging winds that began on or about 12:00 a.m. (midnight) on October 21, 2007. Government Code section 8630 requires the City Council to review, at its regularly scheduled meetings until the local emergency is terminated, the need for continuing the local emergency. ALTERNATIVES: 1) Consent to the continuance of the Proclamation of the Local State of Emergency (Staff Recommendation). 2) Do Not Consent to the continuance. FISCAL IMPACT: The City's ability to obtain or continue to receive federal, state or regional disaster/emergency relief funding may be impacted if the City Council does not Consent to continue the proclamation of the local state of emergency. Substantial budgetary impacts are apparent for recovery efforts to include substantial employee overtime salaries; purchases of materials, supplies and equipment; use of private contractors/force labor; and other repairs to city right-of-way facilities (Preliminary estimates range from thirty five to fifty thousand dollars). Budgetary assistance and reimbursement is available from Federal Emergency Management Agency (F.E.M.A.) for related costs for limited recovery efforts to critical infrastructure including: electrical, power, telecommunications, water supply, public safety, and transportation. ATTACHMENT: ■ Resolution No. 3117 Approvals City Manager: Finance Director: Page 1 of 1 (L- STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) RESOLUTION NO. 3117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO CONFIRMING THE CITY MANAGER/DIRECTOR OF EMERGENCY SERVICES' PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY WHEREAS, section 2.36.060(A)(1) of the San Jacinto Municipal Code empowers the Director of Emergency Services/City Manager to proclaim a local emergency if the City Council is not in session and requires that the City Council shall take action to ratify the proclamation within seven days thereafter; and WHEREAS, conditions of extreme peril to the safety of persons and property have arisen within the City of San Jacinto, as a result of due to severely high and damaging winds commencing on or about 12:00 am. (midnight) on the 21st day of October, 2007, at which time the City Council of the City of San Jacinto was not in session; and WHEREAS, the City Council does hereby find that the above described conditions of extreme peril did warrant and necessitate the proclamation of the existence of a local emergency in the vicinity of San Jacinto; and WHEREAS, the City Manager acting as the Director of Emergency Services did proclaim the existence of a local emergency within the City on the 22nd day of October, 2007. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Jacinto that the Proclamation of Existence of a Local Emergency, as issued by the Director of Emergency Services/City Manager, is hereby ratified and confirmed. BE IT FURTHER RESOLVED that the local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of San Jacinto, and that until such time, the City Council shall review, at each of its regularly scheduled meetings until the local emergency is terminated, the need for continuing the local emergency. BE IT FURTHER RESOLVED that City staff is hereby authorized and directed to take any action that may be necessary or convenient to assist in obtaining federal, state or regional disaster/ emergency relief funding. Page 1 of 2 APPROVED, PASSED, and ADOPTED by the City Council of the City of San Jacinto at a special meeting of said Council held on the 26th day of October 2007, by the following vote: Ayes Ayres, Mansperger, Stubblefield Nays None Absent Carlson, Ritchie Abstain None City of San Jacinto APPROVED AS TO FORM: BEST, BEST & KRIEGER LLP D. ro hy Cho inard, City Clerk Brallinger, City Attorney Page 2 of 2 AGENDA ITEM 3• February 5, 2009 TO: FROM: City Attorney and City Manager The Honorable Mayor and Members of the City Council SUBJECT: Review of Report on Emergency for Ramona Expressway Erosion Prevention Improvements and Determination of Need to Continue Emergency Public Works Contracting, pursuant to Public Contract Code 22050 RECOMMENDATION: Review Staff Report and by Motion, determine, by a four -fifths vote, that there is a need to continue the public works improvements authorized at the December 19, 2008 City Council meeting. DISCUSSION: Recent severe rainstorms have caused a sudden, unexpected occurrence of erosion along Ramona Expressway, causing a clear and imminent danger, demaning immediate action to prevent or mitigate the loss of, or damage to, life, health, property or essential public services, which would be caused by further erosion and the deterioiration of the recent Ramona Expressway improvements. As a result, on December 19, 2008, the City Council authorized the execution of a public works contract with Pokrajac Corporation for the improvement of the Ramona Expressway right of way in order to address the erosion controls. Prior to that award, the City Engineer obtained quotes for the emergency project using an "alternative bidding procedure" under the San Jacinto Municipal Code, wherein the City Engineer obtained price quotes from one or more potential contractors or suppliers. The City Engineer recommended the quote that was determined to be the lowest and in the best interests of the City. That work is currently underway, and is expected to be completed in January or early February at the latest. Public Contract Code section 22050 requires the City Manager to report to the City Council, at this regular meeting, the reasons that the emergency will not permit a delay resulting from further competitive solicitation for bids and why the action is necessary to respond to the emergency. Page 1 of 2 Approvals ov City Manager: /J/w, Finance Direc The City Council is also required by Public Contract Code section 22050 at this meeting, and at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four -fifths vote, that there is a need to continue the action. In this case, the sudden, unexpected occurrence of erosion along Ramona Expressway, as well as the continued existance of a rainy season, causes a clear and imminent danger, demaning immediate action to prevent or mitigate the loss of, or damage to, life, health, property or essential public services, which would be caused by further erosion and the deterioiration of the recent Ramona Expressway improvements. Therefore, pursuant to Public Contract Code section 22050(b)(3), the emergency will not permit a delay resulting from further competitive solicitation for bids and the continued work on Ramona Expressway is necessary to respond to the emergency. Moreover, pursuant to Public Contract Code section 22050(c)(2), City staff believes that, based on the same reasons stated above, there is a need to continue the action. Therefore, City staff recommends that the City Council make this determination as well. ALTERNATIVES: 1) Review and approve this report, and determine that there is a need to continue the action (Staff Recommendation). 2) Do not make such a determination, thereby terminating the public works contract. FISCAL IMPACT: The City Council, at the December 19, 2008 special meeting appropriated the necessary funds for the award of the contract, with the ability to recoup those costs if they are reimbursable from funds such as TUMF. Therefore, this action will have no fiscal impact, above and beyond that which was identified on December 19, 2008. ATTACHMENTS: None Page 2 of 2 AGENDA TO: Dorothy L. Chouinard, City Clerk FORM Enclosure: Staff Report for CC meeting of February 5, 2009 [CC or RDA] Statement of Investment Policy -Annual Review x Consent Calendar Item Public Hearing Item: Notice required yes Copy attached yes Published Notices sent City Departments Item Attachments include (this needs to match the attachment list in the Staff Report: 1. City of San Jacinto Statement of Investment Policy Other: Please provide a fully executed copy of documents to: Please record and return conformed copy Your IMMEDIATE attention is necessary Comments: Name of person that will be presenting item at the meeting no no (date(s)) 3, (date) DATE: 01/20/09 (date(s) Connie Rogers -Elmore Interim Fi nc Director AGENDA ITEM 3• February 05, 2009 TO: The Honorable Mayor and Members of the City Council FROM: Connie Rogers -Elmore, Interim Finance Directory' Subject: Statement of Investment Policy — Annual Review RECOMMENDATION Receive and file the City's Statement of Investment Policy, without change. BACKGROUND Section 53646 of the Government Code of the State of California requires the City Council to review its Statement of Investment Policy annually and make revisions if necessary. DISCUSSION A Statement of Investment Policy is legally required and provides authority to invest in allowable securities and within specified durations as detailed within the guidelines of the adopted policy. The policy cannot be more liberal than that allowed by California Government Code Section 53600 et. seq., however, it can be more restrictive. The policy and related Resolution No. 2767 were last reviewed February 7, 2008, with no changes recommended. There are no changes recommended at this time. BUDGETARY IMPACT None. ATTACHMENTS: City of San Jacinto Statement of Investment Policy Approvals City Manager: Finance Directo Page 1 of 1 CITY OF SAN JACINTO STATEMENT OF INVESTMENT POLICY PURPOSE The purpose of this Policy Statement is to identify policies and procedures to organize and formalize investment related activities. It is intended that this policy statement pertain to all investment activities and all funds under the direct authority of the City of San Jacinto. I I OBJECTIVES The objectives of this policy statement are: A. Safety: It is the primary duty and responsibility of the Treasurer to protect, preserve and maintain cash and investments placed in his/her trust on behalf of the citizens of the City of San Jacinto. Investments in marketable securities should be those with low sensitivity to market risk. B. Liquidity: An adequate percentage of the investment portfolio shall be maintained in liquid short-term securities, which can be converted to cash if necessary to meet disbursement requirements of the City. Since all cash requirements cannot be anticipated, investments in securities shall be those with active secondary or resale markets. C. Return on Investment: The investment portfolio shall be designed to attain a market -average rate of return throughout budgetary and economic cycles, taking into account the City's risk constraints. Yields should become a consideration only after the basic requirements of safety and liquidity have been met. III DIVERSIFICATION It is the policy of the City to diversify its investment portfolio. Assets shall be diversified to eliminate the risk of loss resulting from over concentration of assets in a specific maturity, a specific issuer or a specific class of security. In establishing specific diversification strategies, the following general policies shall apply: A. Portfolio Maturities shall be matched versus liabilities to avoid undue concentration to a specific maturity sector. B. Maturities selected shall provide for stability of income and liquidity. S:\finance\Investments\Investment Policy\Invmt Policy -St Invmt Pol.doc Page 1 IV DELEGATION OF INVESTMENT AUTHORITY Authority to manage the City of San Jacinto's investment program is derived from the City Council. Management responsibility for the investment program is hereby delegated to the City Treasurer and the Finance Director. Level one investments can only be made by joint approval of the City Treasurer and Finance Director. The Finance Director or his designee can make level two investments. Level 1 - Investments Brokered Securities United States Treasury Bills, Notes and Bonds Negotiable Certificates of Deposit Obligations issued by U.S. Government Agencies Commercial Paper Medium Term Notes Repurchase Agreements Time Deposits Mutual Funds (Limited to US Treasuries) Mutual Funds (Limited to US Govt. Sec.) Other Investment Instruments United States Treasury Bills, Notes and Bonds -Direct California Asset Management Program (directed portfolio) Level 2 — Investments Brokered Securities None Other Investment Instruments Money Market Funds (non -brokered) Local Agency Investment Fund (LAIF) California Asset Management Trust (CAMP) Percentage 0 to 100% 0 to 10% 0 to 100% 0 to 15% 0 to 20% 0to 10% 0 to 25% 0 to 18% 0 to 18% Percentage 0 to 100% (%as per above) Investments may not be made in the following financial instruments: Corporate Stocks Reverse Repurchase Agreements Inverse Floaters Range Notes Mortgage Derived Interest -only Strips Derivatives 0 to 20% 0 to 90% 0 to 50% Treasurer and Finance Director to invest in allowable securities as detailed in investment policy within durations to not effect cash flow. S:\finance\Investments\Investment PolicyInvmt Policy -St Invmt Pol.doc Page 2 V SAFEKEEPING AND CUSTODY A third party custodian designated by the Treasurer and Finance Director will hold all brokered securities. All transactions entered into shall be conducted on a delivery versus payment basis evidenced by safekeeping receipts. VI USE OF BROKERS AND DEALERS The Treasurer and Finance Director must utilize brokers and dealers of government securities and other investments in making investments. Only brokers/dealers who are licensed and in good standing with the California Department of Securities, the Securities and exchange Commission, the National Association of Securities Dealers or other applicable self -regulatory bodies may be used to provide this service. Before engaging in investment transactions with a broker/dealer, the Treasurer and Finance Director shall receive from the firm a signed form certifying that the individual responsible for the City's with the firm has reviewed the Investment Policy and that the firm agrees to undertake reasonable efforts to prevent imprudent transactions involving the City's funds. VII PRUDENT MAN RULE The City of San Jacinto adheres to the guidance provided by the "prudent investment standard" set down in Government Code Section 53600.3. This section states; "When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency." VIII ETHICS AND CONFLICT OF INTEREST Officers and employees involved in the investment process from personal business activity that could conflict with the proper execution of the investment program, or which could impair their ability to make impartial investment decisions. S:lfinance\Investments\Investment Policyllnvmt Policy -St Invmt Pol.doc Page 3 Ix MONTHLY REPORTING The Treasurer shall submit a monthly investment report to the City Council. This report shall describe all investment transactions during the month, as well as all required elements of the monthly report as prescribed below: A. Type of Investment B. Financial institution involved C. Date of maturity D. Amount of deposit or cost of the security E. Current market value of securities with maturity in excess of twelve (12) months F. Rate of interest and yield G. Statement relating the report to the Statement of Investment Policy H. Statement that there are sufficient funds to meet the City's obligations for the next 6 months Amount of accrued interest J. Purchase dates K. Percentage distribution to each investment X GOVERNMENT CODE ORDER The City of San Jacinto and San Jacinto Redevelopment Agency are governed by the California Government Code Section §53600 Et. Seq., and the City's Statement of Investment Policy for all investment activities. If any section of the City's Investment policy conflicts with the Government Code Section, the Government Code Section shall supersede the City's Statement of Investment Policy. Any information not covered by the Statement of Investment Policy is covered in Government Code Section §53600 Et. Seq., and said code section should be referred to. Previous Review Dates November 3, 1993 February 3, 2000, amended April 5, 2001, amended August 1, 2002, reviewed; no changes April 1, 2004, amended July 21, 2005; amended by Resolution 2767 April 6, 2006, no changes January 4, 2007, no changes February 7, 2008, no changes February 5, 2009, no changes S:\finance\Investments\Investment Policy\Invmt Policy -St Invmt Pol.doc Page 4 AGENDA TRANSMITTAL FORM TO: Dorothy L. Chouinard, City Clerk Enclosure: Staff Report for City Council meeting of February 5, 2009 Ratify Conditional Use Permit 13-08, Variance 3-08 x Consent Calendar Item (3.) Public Hearing Item (4.): Notice required yes X no Copy attached yes no Published (date(s)) Notices sent (date(s)) Staff Reports Item (5.) x Attachments include: ■ Conditions of Approval • Planning Commission CUP Resolution 08-40 • Planning Commission Variance Resolution 08-41 • December 11, 2008 Planning Commission Staff Report ■ January 15, 2009 Planning Commission Staff Report ■ Site Plan package • Photo simulation • Aerial Photo • Current Zoning Map Other: Please provide a fully executed copy of documents to: _ Please record and return conformed copy Your IMMEDIATE attention is necessary Comments: CC presenter Asher Hartel, DATE: February 5, 2009 Mike Hasapes, Planning Technician S:\Community Development\PLANNER\David\CUP 13-08, VAR 3-08\2-5-09 CC Mtg\Agenda - TRANSMITTAL FORM.doc AGENDA ITEM February 5, 2009 TO: The Honorable Mayor and Members of the City Council FROM: Mike Hasapes, Planning Technician Via Asher Hartel, Planning Director SUBJECT: Ratification of Planning Commission approval of Conditional Use Permit 13-08 and Variance 3-08 to allow for a telecommunication facility with a 55-foot high mono -elm stealth tower that exceeds the permitted height limit by 10 feet at 1531 Mountain Avenue. RECOMMENDATION: Staff recommends that the City Council by motion: Ratify the Planning Commission approval of Conditional Use Permit 13-08 and Variance 3-08 subject to the attached Conditions of Approval. BACKGROUND: On January 15, 2009 the Planning Commission approved with a 4-0 vote the above project located on a 9.08 acre parcel at 1531 Mountain Avenue in the C-1 Zone. DISCUSSION: The project consists of a proposal by T-Mobile to construct on a 600 sq. ft. leased area, a 55-foot high unmanned wireless telecommunication facility with a 12 panel array located in the branches of the mono -elm. The site also includes six (6) electronic equipment cabinets surrounded by a 6 foot high 20 foot X 30 foot block wall to match the split face block wall of an existing adjacent stealthed telecommunications facility and a decorative wrought iron access gate. Page 1 of 2 The facility is located approximately 720 feet east of Mountain Avenue and approximately 120 feet from the proposed Ramona Expressway at 1531 Mountain Avenue. The proposed 55-foot height of the mono -elm tower exceeds the 45-foot height limit for such a facility in the C-1 Zone, therefore a Variance to the height limit is requested. To reduce visual impact, the applicant is proposing to use state-of-the-art stealthing techniques, which includes disguising the monopole to look like an Elm tree, and the planting of two additional 25 foot high Elm trees. On December 11, 2008 this project was brought before the Planning Commission with a recommendation by staff for denial because the monopole exceeded the allowable height limit of the C-1 Zone. However, staff advised the Commission that because of special circumstances, the Commission could continue the project to January 15, 2009 and direct staff to prepare conditions of approval and resolutions for approval of the project. The issues associated with the Conditional Use Permit and Variance are discussed in the Planning Commission staff reports for the December 11, 2008 and January 15, 2009 hearings which are attached. The Planning Commission concluded that a Variance for the additional height of the mono -elm tower was justified in their approval of the project. The attached Planning Commission staff reports include a more detailed discussion of the project. ALTERNATIVES: Deny the Conditional Use Permit and Variance Continue CUP 13-08 and Variance 3-08 and set a date for a public hearing FISCAL IMPACT: None ATTACHMENTS: • Conditions of Approval • Planning Commission CUP Resolution 08-40 • Planning Commission Variance Resolution 08-41 • Planning Commission Staff Report • Site Plan package • Photo simulation ® Aerial Photo ■ Current Zoning Map Page 2 of 2 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 13-08 & VAR Date of Preparation: December 29, 2008 Applicant: Kristin Galardo Omnipoint Communications, 3257 East Guasti Road Ontario, CA 91761 Location: Approximately 720 f approximately 120 fe 1531 Mountain Avenue General Conditions st of Mounta obile NO. 3-08 enue and propose• g ona Expressway at 30-00 1. This pro•. • con ct a 55-fo-ight stealth monopole (monoelm) with antennas e•', nt shelt.` n a 20 ft. x 30 ft. leased area (CUP No. � sh.°o • e development standards for the (C-1 zoning district. Is imp upon Planning conditions effective d ied by the ents ha the ce of this Conditional Use Permit is the date it ncil. The Conditional Use Permit will lapse if the not commenced within two (2) years from the date ermit was granted approval. In addition to these ns of approval, this project is also subject to the o e Fire Department dated November 5, 2008. of iss Co 3. The applicant agrees to indemnify, hold harmless, and defend the City, its officials, officers, agents and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this permit, and any approvals associated with the project, including, without limitation, any CEQA review or approval, except to the extent caused by the negligence of the City. Page 1 of 6 4. All plans submitted to the City shall be in substantial conformance with the plans in this approval. This condition applies to site plans, grading plans, landscape plans, building plans, elevations, and all other illustrations, text, or plans submitted to the City in connection with the project. 5. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash and debris. 6. All new utilities adjacent to and on site shall be located underground as per City of San Jacinto Municipal Code Section 15.32 7. Exterior lighting shall be manually -operated or light above the equipment shelter door. Light personnel are actually present at night. 8. Backup generators shall only be op testing and maintenance purpose hundred (100) feet of a resident measures shall be included to reduce e ion detector controlled kept off except when uring powe ages and for the facility is loca 'thin one welliunit, noise ttenuation ois- levels to t least 65dB CNEL at the property lin-. Routine testi ®nd maintenance shall only take place on non -holiday - days betwee hours of 8:00am and 5:30pm. 9. Grading and public improveme standards and-a:_.ations. 10. To mitig adjacent to t limit -he 11. Pla conditi the publi in the vicin nuisance. se permi Commi nder ed in accordance with city I impacts f oise and to reduce noise impacts construe, = ion and grading activities shall be a.m. and 7:00 p.m. Monday through ruction quipment shall be mufflered and/or ng barriers. ay = modified or revoked by the City Council or on should they determine that the proposed use or ich it is being operated or maintained is detrimental to welfare, materially injurious to property or improvements or if operated or maintained so as to constitute a public 12. The facility operator or property owner is responsible for maintaining the facility in an appropriate manner consistent with the original approval of the Wireless Telecommunication Facility. Should the use be replaced of discontinued for a period of six months, the approvals will lapse and the facility operator shall remove the poles and equipment and restore the site to the original condition. Page 2 of 6 Prior to issuance of a Grading Permit 13. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards and accepted grading practices. The final grading plan shall be in substantial conformance with the approved site plan and grading plan. Prior to issuance of a Building Permit 14. Prior to issuance of a building permit, fence a all plans shall comply with the City Fence Guidelines and be subj t iew and approval of the Planning Department. 15. Prior to issuance of a building • it, the develo hall submit landscape and automatic wat- syst plans fo facility. Landscaping improvements shal in - th - tallation of o 25-foot high elm trees which shall be plante• e exterior of t e facility to screen the equipment sh ers. Improve shall be installed prior to the issuance of a Certificat- �_ e and Occu 16. Prior to issuance of a building be designed and constructed telecom municovider. Prior to issuance o !'sf' ermit cility d mono -elm tower shall ation of another wireless require • two 25-foot high elm trees and watering installed landscaping and irrigation shall be cape Architect. 18. Prio suance Certificate of Occupancy, the developer shall install a 6-foot split e block wall around the facility. Access to the facility shall be wrought iron type gates with a mesh backing and a "Knox" rapintry lock or box. Plans shall be submitted to the Planning Departmen prior to the issuance of a building permit. 19. Antennas and all support structures on the monopole shall be painted to match the color of the elm leaves. 20. The cladding on the monopole shall consist of a textured coating and etched in a manner to emulate the appearance of the trunk of an elm tree. 21. The exterior finish of the equipment shelter shall be of a decorative split - Page 3 of 6 face finish. State Fish and Game Fee 22. Upon City Council approval, the applicant shall submit a check to the City, payable to Riverside County, in the amount of $2,057.00, for payment of State Fish and Game fees and County documentary handling fee. In accordance with Section 711.4 of the State Fish and Game Code, no project shall be operative, vested, or final until the filing fees have been paid. MITIGATION MEASUR MITIGATION MONITORING AND Aesthetics: The project shall require the planting of t will make the mono -elm to to appear a visual impacts to a less tha ificant levee Community Development - -nt, Pla construction of the project.) Air Quality: 2. In order toy Quality, the ap the si Co Biologi 3. Incorpo site enter' be put in developed a OGRAM additional live trees, which luster of trees and reduce e monitored by the Division, during otential imfrom the generation of dust to Air e requir- to perform on -site daily watering of tivities. (To be monitored by the Depart ent, Building and Safety Division, during s to control the quantity and quality of runoff from the HCP Conservation Area. In particular, measures shall to avoid discharge of untreated surface runoff from paved areas into the MSHCP Conservation Area. The greatest risk is to the San Jacinto River located to the northeast of the proposed development site. 4. Land uses proposed in proximity to the MSHCP Conservation Area that use chemicals or generate bioproducts such as manure, which are potentially toxic or may adversely affect wildlife species, habitat or water quality shall incorporate measures to ensure that application of such chemicals does not result in discharge to the MSHCP Conservation Area. The greatest risk is from landscaping fertilization overspray and run-off. Page 4of6 5. Night lighting shall be directed away from the MSHCP Conservation Area to protect species within the MSHCP Conservation Area from direct night lighting. Shielding shall be incorporated in project designs to ensure ambient lighting in the MSHCP Conservation Area is not increased. In this instance, focused habitat occurs in close proximity to the northeast; shielding should focus on these areas. 6. Proposed noise generating land uses affecting the MSHCP Conservation Area shall incorporate setbacks, berms or walls to minimize the effects of noise on MSHCP Conservation Area resources pursuant to applicable rules, regulations and guidelines related to land use noise s ards. 7. Consider the invasive, non-native plant species MSHCP in approving landscape plans to avoi for the portions of the project that are adjace Area. Considerations in reviewing the a proximity of planting areas to the M considered in the planting plans, MSHCP Conservation Area and t barriers to plant and seed dispersal, su features. 8. Manufactured slopes associ. > h not extend into the MSHCP Co (Mitigation Measures 3 through Development Depart anning Di Geology & Soils: 9. Th f S ral, state, onitored b ivision an Public Servic ei the prop Area. o the ity of onservatio eing protec sitivity to i topograp all ed in Table 6-2 of the e of invasive species CP Conservation fist shall include eas, species Within the sion, and y and other s e development shall red by the Community , durin onstruction of the project.) loped i ccordance with all building standards of la ions pertaining to seismic safety design. (To unity Development Department, Building & during construction of the project.) 10. The applican:or successor in interest shall join the community services district to provide essential fire services, police and pavement management services. The developer shall also pay school fees in accordance with state law. (To be monitored by the Community Development Department, Building & Safety Division and satisfied during construction of the project.) Page 5 of 6 Conditions of Approval —CUP 13-08 Building and Safety Department General Conditions 1. All required Fire Department vehicle access roads shall maintained in a passable condition at all times for emergency Fire Department use. Gates or other obstructions shall be approved by the Fire Department prior to construction. 2. All lumber scraps, combustible materials and oths shall be picked up daily, or more often as required by the BuildiKind Safety Department. 3. If water supply for fire hydrants is lost • if pr- e is dramatically reduced, contact the City of San Jacinto di g and y Department. Prior to Occupancy 4. Prior to Certificates of Oc •ancy, specific press for each building shall be provided, shall be contrcolor and ba ound. Page 6 of 6 John R. Hawkins Fire Chief Proudly serving the unincorporated areas of Riverside County and the Cities of: Banning • Beaumont • Calimesa • Canyon Lake • Coachella • Desert Hot Springs • Indian Wells • Indio • Lake Elsinore • La Quinta • Moreno Valley • Palm Desert • Perris • Rancho Mirage • San Jacinto • Temecula Board of Supervisors Bob Buster, District 1 John Tavaglione, District 2 Jeff Stone, District 3 Roy Wilson, District 4 Marion Ashley, District 5 RIVERSIDE COUNTY FIRE DEPARTMENT In cooperation with the California Department of Forestry and Fire Protection 2300 Market St, suite 200 Riverside, Ca. 92501 • (951) 955-4777 • Fax (951) 955-4886 11-05-2008 Mike Hasapes, Planning technician City of San Jacinto 248 E. Main Street San Jacinto, Ca. 92583 Re: Conditional Use Permit 13-08, Omnipoint cell tower, Mountain Avenue. FIRE recommends the following conditions: 1. Provide emergency contact information at the entrance to the mono- pole enclosure. 2. Provide "KNOX" rapid access padlock or electric key switch at gate access to mono -pole enclosure. KNOX application available at the Riverside office, call (951) 955-4777 for further information. Re: Variance #3-08, FIRE has no comments or conditions. Scott DeForge, AFM Riverside County Fire, Planning Section RESOLUTION NO. 08-40 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JACINTO, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR AN UNMANNED WIRELESS TELECOMMUNICATION FACILITY WITH A 55- FOOT HIGH MONO -ELM TOWER LOCATED AT 1531 MOUNTAIN AVENUE: CUP NO. 13-08. WHEREAS, Omnipoint Communications, Inc. representing T-Mobile filed an application on September 26, 2008, File No. CUP 13-08, for a conditional use permit to allow the installation of a 55 foot high broadleaf mono -tree and ground equipment ("Application") on approximately 600 square feet of land, APN 547-130-008 ("Subject Site"); WHEREAS, the Subject Site is within the General Commercial (C-1) zoning district; WHEREAS, the Application was reviewed, studied, and found to comply with the California Environmental Quality Act (CEQA) as more fully described below; WHEREAS, on December 11, 2008 and January 15, 2009, the Planning Commission of the City of San Jacinto ("Commission") conducted a duly noticed public hearing on the Application at which time all persons wishing to testify in connection with the Application were heard and the Application was comprehensively reviewed; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SAN JACINTO RESOLVES AS FOLLOWS: SECTION 1. Based on the entire record before the Commission, all written and oral evidence presented to the Commission, and the findings set forth in this Resolution, the Commission hereby approves Conditional Use Permit No. 13-08 to allow the establishment of an unmanned wireless telecommunications facility with a 55-foot high mono -elm on the Subject Site, subject to the conditions of approval attached to the staff report. SECTION 2. Based on the entire record before the Commission and all written and oral evidence presented to the Commission, including the staff report, the Commission finds as follows: A. The Application for which the CUP is granted is in accordance with the objectives of the City of San Jacinto Development Code and the purposes of the C-1 Neighborhood Commercial zoning district, with the approval of the accompanying Variance No. 3-08, because the Commission has determined that the proposed use of the Subject Site is similar to and no more objectionable than any other conditional uses allowed within the zoning district. B. The Application is consistent with the General Plan of the City of San Jacinto, and the proposed use will not be detrimental to the public health, safety, or welfare, and will not be materially injurious to properties or improvements in the vicinity because: 1. The Application provides for a land use that is compatible with the surrounding land use classification for the Subject Site in the General Plan Land Use Element. 2. The establishment of an unmanned wireless telecommunication facility with a 55-foot mono -elm authorized by the CUP and the accompanying Variance helps to promote and achieve the proposed location of the wireless telecommunication facility, is in accordance with the objectives of Zoning Ordinance 340, and the purpose of the zone in which the site is located: a. Because the Subject Site is located in an area that has been zoned for commercial uses and the proposed installation of a 55-foot mono -elm on a developed commercial parcel collocated next to an existing 35-foot mono -elm is consistent with the Wireless Telecommunication regulations in the Zoning Ordinance with approval of the accompanying Variance. The proposed location of the wireless telecommunication facility and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. b. Because the facility is proposed to be collocated on a partially developed commercial property, the proposed wireless telecommunication facility complies with the applicable provisions of the San Jacinto Zoning Ordinance 340. c. Because the Subject Site is located in an area that is of limited potential for further commercial development due to the existing uses, collocation of an unmanned telecommunication facility is one of the highest and best uses for the property. C. The traffic generated by the proposed conditional use will not overload the capacity of the surrounding street system and will not create a hazard to public safety because the proposed use consists of the establishment of an unmanned wireless telecommunication facility with a 55-foot mono -elm and only routine maintenance would be required. SECTION 3. Based on the entire record before the Planning Commission and all written and oral evidence presented, including the staff report, the Planning Commission finds the nature and extent of the dedications, reservations, impact fees, and other exactions are reasonably related to public needs and roughly proportional to the impacts created by use of the Subject Site. SECTION 4. Based on the entire record before the Planning Commission and all written and oral evidence presented, the Planning Commission finds the Application complies with CEQA for the following reasons: An environmental initial study has been conducted on a previously approved project on this site which has determined that this project will not have a significant impact on the environment with the incorporation of mitigation measures. No further environmental review is required. SECTION 5. The location and custodian of the documents and any other material which constitute the record of proceedings upon which the Planning Commission based its decision is as follows: City of San Jacinto Planning Department, 595 S. San Jacinto Avenue, San Jacinto, California 92583, (951) 487-7330. PASSED, APPROVED AND ADOPTED, this 15th day of January 2009. Planni" g Commission Chairperson ATTEST: Planning Commission Secretary RESOLUTION NO 08-41 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JACINTO, APPROVING A VARIANCE TO EXCEED THE 45 FOOT HEIGHT LIMIT BY 10 FEET IN THE C-1 ZONE: FILE INDEX NO. VAR 3-08 WHEREAS, Omnipoint Communications, Inc. representing T-Mobile filed a Variance application on September 26, 2008, File No. VAR 3-08 to allow the installation of a 55 foot high broadleaf mono -tree (the "Application") for property located in the C-1 Zone at 1531 Mountain Avenue (APN 547-130-008) (Subject Site); and WHEREAS, the Application, if approved, would allow the applicant a 10 foot variance from the height limitation for cell towers in the C-1 Zone; and WHEREAS, on December 11, 2008 and January 15, 2009, the Planning Commission conducted a duly noticed public hearing on the Application at which time all persons wishing to testify in connection with the Application were heard and the Application was fully examined; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SAN JACINTO: SECTION 1. Based on the entire record before the Planning Commission and all written and oral evidence presented, including the staff report, the Planning Commission hereby approves Variance 3-08. SECTION 2. Based on the entire record before the Planning Commission and all written and oral evidence presented, including the staff report, the Planning Commission makes the following findings of fact in accordance with Section 18.06B of the San Jacinto Municipal Code and California Government Code Section 65906 as follows: 1. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district. FACT: There are special circumstances to support the additional 10 feet in height requested for the mono -tree above the 45-foot height limit due the higher frequency of this particular carrier's signal, which causes the signal to dissipate more quickly than the signal of other carriers. Without the additional height, in order to serve its customers within the City, the applicant will require several additional facilities in other locations to cover the same area as a single tower at 55-feet in height. 2. That the strict or literal interpretation of the provisions of this Ordinance would result in practical difficulty or unnecessary physical hardship or would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance. FACT: The strict application of the Neighborhood Commercial (C-1) Zone and Telecommunications Ordinance for stealthed mono -poles at this location would result in the unnecessary hardship of depriving the applicant of the ability to provide reliable service to its customers. Limiting the height would result in unnecessary hardship because it would prevent T-Mobile from being able to provide the same service as other carriers at the required height limits. Further, based on the applicant's testimony, there are no other locations within the required service area that would allow for installation of a single tower or pole at a height that would allow for provision of reliable service to the applicant's customers within the City. The applicant's only other alternative would be to install numerous additional facilities at lower heights within or close to residential neighborhoods. 3. The special circumstances do not result from the actions of the applicant. FACT: T-Mobile has no control over the frequency assigned by the FCC, nor can they control the circumstances which severely limits their choice of location. None of these special circumstances result from the actions of the applicant. 4. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures, or buildings in the same district. FACT: An additional 10 feet in height is required by this carrier to operate with the same efficiency as other carriers. The stealthed mono -elm will be constructed as a co -location facility and meets all other requirements of the Telecommunications Ordinance and the Neighborhood Commercial (C-1) Zone. As such, approval of this variance would not confer any special privilege. SECTION 3. Based on the entire record before the Planning Commission and all written and oral evidence presented, the Planning Commission finds that the Application complies with CEQA for the following reasons: An environmental initial study has been conducted on a previously approved project on this site which has determined that this project will not have a significant impact on the environment with the incorporation of mitigation measures. No further environmental review is required. SECTION 4. The location and custodian of the documents and any other material which constitute the record of proceedings upon which the Planning Commission based its decision is as follows: City of San Jacinto Planning Department, 595 S. San Jacinto Avenue, San Jacinto, California 92583, (951) 487- 7330. PASSED, APPROVED AND ADOPTED this 15th day of January 2009. Plan nfhg Commission Chairperson ATT:S Planning Commission Secretary ITEM 6.5 STAFF REPORT TO: Chairman and Members of the Planning Commission FROM: Mike Hasapes, Planning Technician DATE: December 11, 2008 SUBJECT: Conditional Use Permit 13-08, Variance 3-08 Applicant: Kristin Galardo; Omnipoint Communications, Inc. for T-Mobile 3257 East Guasti Road Ontario, CA 91761 RECOMMENDATIONS: Staff recommends that the Planning Commission: Adopt Planning Commission Resolution 08-40 denying Conditional Use Permit 13-08. Adopt Planning Commission Resolution 08-41 denying Variance 3-08. DESCRIPTION: A proposal by T-Mobile to construct on a 500 sq. ft. leased area, a 55-foot high unmanned wireless telecommunication facility with a 12 panel array located in the branches of the mono -elm. The site also includes six (6) electronic equipment cabinets surrounded by a 6 foot high 20 foot X 30 foot equipment enclosure to match the existing split face block walls and a decorative wrought iron access gate. The facility is located on a 9.08 acre parcel approximately 720 feet east of Mountain Avenue and approximately 120 feet from the proposed Ramona Expressway at 1531 Mountain Avenue in the C-1 Zone. The proposed 55-foot height of the mono -elm tower exceeds the 45-foot height limit for such a facility in the C-1 Zone, therefore a Variance to the height limit is requested. EXHIBITS: Exhibit A: CUP Resolution 08-40 Exhibit B: Variance Resolution 08-41 Planning Commission December 11, 2008 Page 1 Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Exhibit H: Variance Findings provided by applicant Site Plan Package Photo Simulation T-Mobile Radio Frequency Height Justification Presentation Aerial Photo Current Zoning Map ENVIRONMENTAL ANALYSIS: An environmental initial study has been conducted on a previously approved project on this site which has determined that this project will not have a significant impact on the environment with the incorporation of mitigation measures. No further environmental review is required. DISCUSSION: Conditional Use Permit This is the third wireless telecommunication facility to be reviewed on this site. As proposed, the mono -pole exceeds the 45-foot height restriction for the C-1 zone. Staff is recommending denial of this project on the basis that other telecommunication facilities have been denied as a result of exceeding the maximum allowable height limit. The project is proposing stealth features that include disguising the mono pole to look like an elm tree. The plans include a second antenna array as a collocation for a second carrier. The project site will be surrounded by a 6-foot high split face block wall with a screened wrought iron man gate. Also being conditioned are the installation of two 12 foot to 25 foot high live elm trees. The project is located on a 500 sq. ft. pad approximately 120 feet from the Ramona Expressway and 720 feet from Mountain Avenue. The proposed leased area is directly adjacent to an existing Nextel telecommunications facility on a 1,200 sq. ft. leased area with a 35 ft. monopole at the rear of the site that was approved in January, 2006 (CUP No. 7-05). The project site has an existing house and a large garage on the Mountain Avenue frontage, and extensive storage of construction machinery that appears to be a contractor's storage facility. Large piles of fill dirt are on the rear portion of the site. The cellular provider will require 24-hour access for maintenance and repairs. As such, the site will be accessed from Mountain Avenue through an existing dirt road. The site has a General Plan designation of "Community Commercial." The property to the south is zoned commercial. A residential subdivision has been approved for the site located to north of the project site. There is a vacant R-1 Zoned parcel to the west, and Planning Commission December 11, 2008 Page 2 vacant C-2 land to the east. The proposed unmanned wireless telecommunication facility may have an affect on scenic resources because of the height of the mono -elm tower. Although the site is proposed to be located approximately 120 feet from the future Ramona Expressway alignment, the applicant has taken steps to comply with the Wireless Telecommunication Ordinance by the use of block walls to screen the equipment shelter and the use of a mono -elm for stealth purposes. Variance In 2007 the City of San Jacinto Zoning Ordinance was amended to raise the height in the C-1 Zone (Article 9) from 30 feet to 35 feet, and to allow flexibility to the Wireless Telecommunications Facilities section 23.76 of Article 23, which added the ability to exceed the height regulations of the underlying zone by up to ten (10) feet for a stealth monopole tower in order to allow a 45 foot height limit. The proposed telecommunications facility is allowable subject to approval of a Conditional Use Permit. However, the 55-foot height of the proposed mono -elm stealth tower exceeds the 45-foot height limitation of the C-1 (Neighborhood Commercial) Zone in which the project site is located. In the past, staff has received direction from the City Council not to allow variances to the height limit for telecommunication towers. In view of this prior direction, staff recommends denial of the Variance. However, it should be recognized that if the towers are restricted to lower heights, more towers will be required in other locations to achieve the desired coverage for the service area. RECOMMENDATION: Staff recommends denial of Conditional Use Permit 13-08 based on the inability to meet the required findings as set forth in Article 17.05 C (3) of Ordinance 430 (Zoning Ordinance). Staff recommends denial of Variance 3-08 based on the inability to meet the required findings as set forth in Article 18.06 B of Ordinance 430 (Zoning Ordinance). If the Commission supports the height variance, staff recommends that the project be continued so that staff can prepare Conditions of Approval and resolutions for approval of the project. Planning Commission December 11, 2008 Page 3 ITEM 5.1 STAFF REPORT TO: Chairman and Members of the Planning Commission FROM: Mike Hasapes, Planning Technician DATE: January 15, 2009 SUBJECT: Conditional Use Permit 13-08, Variance 3-08; Continued from December 11, 2008 Applicant: Kristin Galardo Omnipoint Communications, Inc. for T-Mobile 3257 East Guasti Road Ontario, CA 91761 RECOMMENDATIONS: Staff recommends that the Planning Commission: Adopt Planning Commission Resolution 08-40 approving Conditional Use Permit 13-08. Adopt Planning Commission Resolution 08-41 approving Variance 3-08. BACKGROUND: This project was continued from the December 11, 2008 Planning Commission meeting. The Commission directed staff to prepare conditions of approval and resolutions for approval of the project. The issues associated with the Conditional Use Permit and Variance are discussed in the staff report for the December 11, 2008 hearing which is attached. DESCRIPTION: A proposal by T-Mobile to construct on a 600 sq. ft. leased area, a 55-foot high unmanned wireless telecommunication facility with a 12 panel array located in the branches of the mono -elm. The site also includes six (6) electronic equipment cabinets surrounded by a 6 foot high 20 foot X 30 foot equipment enclosure to match the existing split face block walls and a decorative wrought iron access gate. The facility is located Planning Commission January 15, 2009 Page 1 on a 9.08 acre parcel approximately 720 feet east of Mountain Avenue and approximately 120 feet from the proposed Ramona Expressway at 1531 Mountain Avenue in the C-1 Zone. The proposed 55-foot height of the mono -elm tower exceeds the 45-foot height limit for such a facility in the C-1 Zone, therefore a Variance to the height limit is requested. EXHIBITS: Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Exhibit H: Exhibit I: Exhibit J: CUP Resolution 08-40 Variance Resolution 08-41 Conditions of Approval Planning Commission Staff report of December 11, 2008 Variance Findings provided by applicant Site Plan Package Photo Simulation T-Mobile Radio Frequency Height Justification Presentation Aerial Photo Current Zoning Map ENVIRONMENTAL ANALYSIS: An environmental initial study has been conducted on a previously approved project on this site which has determined that this project will not have a significant impact on the environment with the incorporation of mitigation measures. No further environmental review is required. DISCUSSION: Staff is recommending approval of this project on the basis that special circumstances exist which would justify exceeding the maximum allowable height limit. The frequency at which T-Mobile operates is higher than other telecommunications carriers and thus the signal dissipates more quickly than other carriers who operate at lower frequencies. A higher elevation is required by T-Mobile to provide the same coverage as other carriers. As a result of a potential conflict of interest arising because a City official is employed in the telecommunications industry, and has affiliations with T-Mobile, the applicant's preferred location at Rancho Park (a city owned park) was not feasible. If this facility should be denied because of the additional height required, it is possible that a similar conflict would arise with placement of additional towers on City owned land or City rights -of -way that would be needed to cover the same area as a single tower at 55 feet in height. Planning Commission January 15, 2009 Page 2 RECOMMENDATION: Staff recommends approval of Conditional Use Permit 13-08 subject to the attached conditions of approval, supported by the findings in Resolution 08-40 (attached). Staff recommends approval of Variance 3-08 subject to the attached conditions of approval, supported by the findings in Resolution 08-41 (attached), which provide justification for the Variance due to special conditions and circumstances. Planning Commission January 15, 2009 Page 3