HomeMy WebLinkAboutItem No.1bPAGE THREE - CITY COUNCIL MINUTES - OCTOBER 26, 1993
Councilman Winkler explained the reason for the Policy
Resolution and stated that the City residents pay for the
development and maintenance of the parks and the residents of
the Swick /M City i h Field is operated underi ay Joint Powers Agreement
with Ortega Trails. Also the resolution does give preference
to the youth in the entire Valley. He stated that this was
done to bring pressure on Ortega Trails to build parks for the
County residents. The Resolution has had a positive effect
and does protect the investment of the citizens of the City.
Councilman Winkler explained that in the future he would like
to see City leagues and County leagues to adjust the fees to
keep the situation fair and equitable.
-i
Mrs. Cusimano asked the Council to bear in mind that quite a
few of the parents of the children in Little League live in
-i the County and work in the City and vice versa. She stated
that she would, as the representative of Little League, like
to keep a good relationship with the City to work together for
the children.
Mayor Washburn noted that he has received letters from Jean Hayman
School and explained that the City of Lake Elsinore is expanding
the Winterfest since the Downtown Business Association chose not to
do the parade this year. He further explained that the DBA had
only given the City four weeks notice and that was not enough time
to present a parade.. Mayor Washburn advised that there will be a
Santa at the Stater Center, Town Center and at the Winterfest
Celebration.in the Downtown Area, on a rotating basis.
CONSENT CALENDAR
The following items were pulled from the Consent Calendar for
further discussion and consideration:
Item Nos. 2 and 3.
MOVED BY CHERVENY, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS
VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSENT
CALENDAR AS PRESENTED. 1 1.
1. The following Minutes were-approved:
a: Special City Council Meeting - October 8, 1993.
b. Regular City Council Meeting - October 12, 1993.
C. Joint City Council /Redevelopment Agency Study Session -
October 14, 1993.
The following Minutes were received and ordered filed:
d. Planning Commission Minutes - October 6; 1993.
I 4. Rejected and referred to Claims Administrator the Claim
against the City submitted by Arthur Fernandez, Jr. (CL #93-
18).
5. Approved Hearing Date of November 9, 1993, for the following:
a. Annexation No. 62, General Plan Amendment 93 -2 and Zone
Change 93-4 - The Western Desert Corporation. Located to
the west of Grand Avenue and the termini of Amorose
Street
AGENDA
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PAGE FOUR - CITY COUNCIL MINUTES - OCTOBER 26, 1993
Resolution for the commencement of Proceedings for
Annexation 68, General Plan Amendment 93 -3 and Zone
Change 93 -5 - City of Lake Elsinore. Located to the east
and west of Grand Avenue between the City Limits to the
north and Plumas Street to the south.
ITEMS PULLED FROM THE CONSENT CALENDAR
2. L.E.A.F. Animal Control Activity Report - September, 1993
Councilwoman Cherveny commended L.E.A.F. for their efforts and
thanked them for their assistance in removing a skunk from
under her home.
MOVE BY CHERVENY, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS
VOTE OF THOSE PRESENT TO RECEIVE AND FILE THE L.E.A.F. ANIMAL
CONTROL ACTIVITY REPORT FOR THE MONTH OF SEPTEMBER, 1993.
3. Warrant List - October 15, 1993.
Councilwoman Cherveny pointed out the expenditure of $95,000
to the Riverside County Habitat which is a pass through for
Oak Grove Equities.
City Manager Molendyk explained that the City collects the
fees from the Developer and then passes them on to the County
for the Kangaroo Rat Trust Fund in the County.-
MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS
VOTE OF THOSE PRESENT TO RATIFY THE WARRANT LIST FOR OCTOBER 15,
1993.
PUBLIC HEARINGS
21.
corner o
City Manager Molendyk explained that rather than call it a
Tentative Map, he would refer to the project as an eight -plex
movie theater. The proposed project consists of 17.37 acres
with five (5) commercial parcels and design review for the
construction of a 26,000 square foot theater and associated
infrastructure improvements. The theater is proposed_ to have
eight screens with approximately 1,600 seats.
Mayor Washburn opened the public hearing at 7:50 p.m. asking
those in favor of the project to speak. The following person
spoke:
Leonard O'Byrne, 38401 Oak Tree Loop, Murietta, President of
Camelot Property Counselors Inc., spoke in favor of the
project and stated that his company agreed with the findings
and conditions. He commended staff for their cooperation and
assistance in regard to the project.
Mayor Washburn asked those persons in opposition to speak.
Hearing no one, the public hearing was closed at 7:53 p.m.
City Planner Leslie explained an exhibit displaying
elevations.
PAGE FIVE - CITY COUNCIL MINUTES _ OCTOBER 26, 1993
MOVED By CHERVENY,
VOTE OF THOSE SECONDED By D
DECLARATION no PRESENT TO OMIVGUT AND CARRIED BY
APPROVE 93 -8 APPROVE THE UNANIMOUS
TENTATIVE ' APPROVE COMMERCIAL ADOPTION OF
FINDINGS AND PARCEL MAp NO 27821 PROJECT NEGATIVE
CONDITIONS OF APPROVAL:, NO. 93-4,
FINDINGS BASED ON T AND
HE FOLLOWING
TENTATIVE PARCEL
MAP NO 27821
1' Conditions
Identified Of Approval
being Of
under have been prepared
q considered. These which Project to address
Insure that the conditions
Policies. project is kee Provide a safeguard currently .
l 2• This Project ping with current City gls and
Objectives f as approved
3 the General Plan. ompli_es with the s Goals and
this type to to the attached
development. conditions, is suitable for
DESIGN REVI W E
C 93-4
1. Subject to
Mitigation the attached
Declaration Conditions, of
ation No. 93_ contained in Approval and
anticipated to 8 for the site Mitigated Negative the
Impacts. result in any signif ant Proposed Project
2 pro is not
The Project is
and Policies of thepGenerCOmplies with the Goals
Which it is located. al Plan "
and the Zo Objectives
3• Conditions ning District in
Zoning and safeguards pursuant
with co Code, including guarantees to Cha
sub I ns, have Pter 17.82.070
)ect project been incor and evidence of compliance
Of the
accordance to ensure pOiated to the pliance
with the Objectivesvelopment the approval of the
CONDITI °f Property In
ONAL USE PERMIT of Of
17.82.
1. NO. 93-4
That this
Context Proposed use its
Objectives, and setting, on
in $ac own and within the
Policies Of the Lake Elsinoreith
2. That the q the Goals,
the requested use General Plan.
residing health, safety,Pmopalsd w not
in the nei ill be detrimental to
3. That 9hboring area orathe are of the persons
the site is adequate City.
use, and for all in si
lands Or 2e and shape to
Ordinance.g, bufferst and oyards, setbacks, .wallsCOAjmodate the ..
ther features required b
4. or fences,
That there sho Y the.Zoning not
all
uses wed by this permit between the ctheaih the Shared parking
7ARI
ANCE NO, 93_2 the adjoining '
i
Adequate conditions
17-76.0 variance have been and safeguards
the tO ins development ofd in,thes approval Section
objectives Ore
Planning di..3 tf the General Plane Pro the °f the
in which nd Y in accord with
h the site is located OrPose of the
AG"DA tTEP. <,
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PAGE SIX - CITY COUNCIL MINUTES - OCTOBER 26, 1993
2. Special circumstance, pursuant to the purpose of Chapter
17.76, applicable to the subject property which do apply
generally to other properties in the neighborhood, and,
therefore granting of this variance shall not constitute a
grant of a special privilege inconsistent with the limitations
upon other properties in the vicinity and district in which
the subject property is located.
3. Approving the variance from the strict interpretation of the
Zoning Ordinance represents a minor deviation from the Code
necessary to fulfill the purpose of this Chapter and enable
reasonable development of the property.
VARIANCE NO. 93 -4
1. Adequate conditions and safeguards pursuant to Section
17.76.050 have been incorporated in the approval of the
variance to insure development of the property in accord with
the objectives of the General Plan and the purpose of the
planning district in which the site is located.
2. Special circumstance, pursuant to the purpose of Chapter
17.76, applicable to the subject property which do apply
generally to other properties in the neighborhood, and,
therefore granting of this variance shall not constitute a
grant of a special privilege inconsistent with the limitations
upon other properties in the vicinity and district in which
the subject property is located.
3. Approving the variance from the strict interpretation of the
Zoning Ordinance represents a minor deviation from the Code
necessary to fulfill the purpose of this Chapter, and enable
reasonable development of the 'property.
CONDITIONS:
Plannina Department
1. Design Review approval for Commercial Project No. 93 -4 will
lapse and be void unless building permits are issued within
one (1) year of Planning Commission approval. An extension of
time, up to one (1) year per extension, may be granted by the
Community Development Manager prior to the expiration of the
initial Design Review approval upon application. by the
developer one (1) month prior to expiration.
These Conditions of Approval shall be reproduced upon Page One
of Building Plans prior to their acceptance by the Division of
Building and Safety.
All site improvements shall be constructed as indicated on the
approved site plan and elevations. Revisions to approved site
plans or building elevations shall be subject to the
discretion of the Community Development Manager. All plans
submitted for Building Division Plan Check shall conform with
the submitted plans or as modified by Conditions of Approval,
or the Planning Commission through subsequent action.
Materials and colors depicted on the materials board shall be
used unless modified by the Community Development Manager or
his designee.
5. Applicant shall meet all Conditions of Approval prior to the
issuance of a Certificate of Occupancy and .release of
utilities.
AGENDA ITEM N:
PAGE SEVEN - CITY COUNCIL.MINUTES - OCTOBER 26, 1993
6. Applicant is to meet all applicable City Codes and Ordinances
including State handicap requirements.
7. Meet all Riverside County Health Department requirements.
8 Meet all Riverside County -Fire Department requirements.
9. No outdoor storage shall be allowed.
10. Trash enclosures shall be constructed per City standards as
approved by the Community Development Manager or designee,
prior to issuance of Certificate of Occupancy.
11. All roof ladders and electrical panels shall be located within
the interior of the building or. in specially designed areas
concealed from public right -of -way view.
12. Applicant shall use roofing materials with Class "A" fire
rating.
13. All roof mounted or ground support air conditioning units or
other mechanical equipment incidental to development shall be
architecturally screened so that they are not visible from
neighboring property, public streets (Malaga, Casino Drive or
Mission Trail). Screening plan shall be approved by the
Community Development Manager or designee, prior to issuance
of building permit.
14. All exterior down - spouts shall be constructed within the
interior of the building or concealed from public right -of -way
view.
15. Bicycle racks shall be provided adjacent to major commercial
uses. Placement, design and quantity shall be indicated on
the final landscaping plan, and subject to the approval of the
Community Development Manager" or designee, prior to the
issuance of building permit.
16. The parking lot landscaping designs shall provide at least one
(1) twenty- four -inch (24 ") box tree for every ten (10) spaces
with appropriate planter box, subject to the approval of the
City's Landscape Architect and Community Development Manager
or designee.
17. The final landscaping /irrigation plan is to be reviewed and
approved by the City's Landscape Architect Consultant and the
Community Development Manager or: designee, prior to issuance
of building permit. A Landscape Plan Check Fee will be
charged prior to final landscape approval based on the
Consultant's fee plus forty percent (408).
a) All planting areas shall have permanent and automatic
sprinkler system with 1008 plant and grass coverage using
a combination of drip 'and conventional irrigation
methods.
b) Applicant shall plant street trees, selected from the
_City's Street Tree List, a maximum of thirty feet (30)
apart and at least twenty- four -inch (24 ") box.' On areas
where screening, is necessary trees shall be at least
thirty six -inch (36 ") box 'size.
c) All planting areas shall be separated from paved areas
with a six inch .(6 ")high and six inch .(6 ") wide concrete
curb.
d) Planting within fifteen feet (151 )- of ingress /egress
points shall be no higher than thirty -six inches (36 ").
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PAGE EIGHT - CITY COUNCIL•MINUTES - OCTOBER 26, 1993
e) Landscape planters shall be planted with an appropriate
parking lot shade tree to provide for 50%. parking lot
shading in fifteen (15) years.
f) Any transformers and mechanical or electrical equipment
shall be indicated on landscape plan and screened as part
of the landscaping plan.
g) The landscape plan shall provide for ground cover,
shrubs, and trees and meet all requirements of the City's
adopted Landscape Guidelines. Special attention to the
use of Xeriscape or drought resistant plantings with
combination drip irrigation system to be used to prevent
excessive watering.
h) All landscape improvements shall be bonded 120% Faithful
Performance Bond, and released at completion of instal -
lation of landscape requirements approval /acceptance; 208
may be refunded after acceptance and 1008 will be held
for one year for material and labor.
i) All landscaping and irrigation shall be installed within
affected portion of any phase at the time a Certificate
of Occupancy is requested for any building. All planting
areas shall include plantings in the Xeriscape concept,
drought tolerant grasses and plants.
j) Final landscape plan must be consistent with approved
site plan.
k) Final landscape plans to include planting and irrigation
details.
18. All exposed slopes in excess of three feet (,3 ) in height
shall have a permanent irrigation- system and erosion control
vegetation installed, approved by the Planning Division.
19. All exterior on -site lighting shall be shielded and directed
on -site so as not to create glare onto neighboring property
(except for the area behind the theater which will necessitate
substantial lighting for security) and streets or allow
illumination above the horizontal plane of the fixture. The
applicant shall provide adequate parking lot lighting to the
satisfaction of the Community Development Manager on the area
behind the theater (Casino parking), for security purposes.
The stairway areas between the theater site and the Casino
parking shall provide adequate lighting to the satisfaction of
the City.
20. All undeveloped lots /pads within the center shall be
maintained in a neat and safe condition, with erosion and weed
control methods applied by the developer as necessary to meet
the approval of the Community Development Manager until such
time as these lots /pads are built -out. If building permits
are not issued within 90 days, all areas or pads graded,
during the grading operation, shall be landscaped and
irrigated.
21. The applicant shall amend the approved Uniform Sign Program
for the Camelot Center to reflect the added design changes.
The Revised Master Signage Program shall be reviewed and
approved by the Planning Commission. All signage including
freestanding signs shall be by City Permit and in conformance
with the - approved Master Signage Program. The Master Signage
Program shall be approved prior to issuance of Certificate of
Occupancy or release of utilities. Individual sign permits
are required prior to the erection of each sign.
AGENDA ITFr..
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PAGE NINE - CITY COUNCIL MINUTES - OCTOBER 26, 1993
22. The project shall connect to sewer and meet all requirements
" of the Elsinore Valley Municipal Water District (EVMWD).
Applicant shall submit water and! sewer plans to the EVMWD'and
shall incorporate all district conditions and standards
t
23. Applicant shall annex into the City's Landscape and Lighting
District.'
24. All loading zones shall be clearly marked with yellow striping
and shall meet City and Specific Plan Standards for loading
zones.
25. This .project shall be subject to the Mitigation Monitoring
Program contained in the Mitigated Negative Declaration 93 -8.
26. Any tenant within this development that can potentially employ
100 people or more shall be subject to the requirements of
Ordinance No. 941 (Trip Reduction Ordinance)-adopted October
27, 1992.
27.1 Trailers utilized during construction shall be approved by the
Planning Division.
28. On -site surface drainage shall not cross sidewalks.
29. Parking .stalls shall be double- striped with four - inches (4 ")
lines two -feet (21).apart.
30. Painted arrows on the asphalt shall be located at all internal
one -way drive aisles.
31. Decorative pavement shall be provided at entry and crosswalks,
to the satisfaction of the Community Development Manager or
designee.
32. Any proposed metal mailbox shall be treated to blend with the
center's design theme. Mailbox'�plans shall be submitted for
approval prior to issuance of building permits, and shall'be
subject to the approval of the postal service and the
Community.. Development Manager or designee, prior to the
.issuance of building'permit.
33. Prior to issuance of building permits, the applicant shall
sign and complete an "Acknowledgment of Conditions" and shall
return the executed original to the Community Development
Department for inclusion in the',case records.
34. The applicant shall submit a graffiti removal program for the
Camelot Center. This program shall include methods for
immediate graffiti removal and shall be subject to the
approval of the Community Development Manager or designee.
35. The applicant shall cause to be recorded (in the Office of the
County Recorder with two (2) copies thereof filed with the
Planning _Division) an irrevocable reciprocal parking,
circulation, loading and landscaping maintenance easement and
agreement in favor of all lots within the Camelot Center,
subject to the approval of the Community Development Manager.
In addition, CC &R's shall be approved by the City Attorney and
the Community Development Manager which enforces standards of
building maintenance and participation in landscape
maintenance.
36., A pedestrian access agreement shall be provided and recorded
in the Office of the County Recorder with two (2) copies
thereof filed with the Planning`' Division from the Casino site
to the project site (Theater).
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PAGE TEN - CITY COUNCIL MINUTES - OCTOBER 26,;1993
37. The applicant shall provide evidence of agreements for off -
site and. shared parking facilities between the owner of the
Camelot Center and the Casino site. This legal instrument
shall be recorded in the Office,of the County Recorder with
two (2) copies thereof filed with the Planning Division.
38. The applicant shall provide signage indicating or directing
overflow traffic to the proposed Casino off -site parking.
Number of signs and location shall be approved by the
Community Development Manager.or designee.
Engineering Department
39. Commercial Project No. 93 -4 shall be-subject to all applicable
conditions of approval for Tentative Parcel 27821 prior to
issuance of building permits.,
40. The front central facade of the theater building above the
ticket windows shall include reveals similar to those proposed
on the side panels of the structure that divide the panel into
quadrants. This modification is intended to add further
interest to this large vertical building plain. Other
alternatives will be acceptable if they serve the same intent,
subject to;the approval of the Community,Development Manager
or designee.
41. Security Plan shall be submitted to the Planning Department
and subject to the approval of the Community Development
Manager, or designee.
CONDITION OF APPROVAL FOR TENTATIVE PARCEL MAP NO. 27821
Planning Division
1. Tentative Parcel Map No. 27821 will expire two (2) years from
date of City Council approval unless an extension of time is
_granted by the City of Lake .Elsinore.. City, Council in
accordance with the Subdivision Map Act.
2. The Tentative Parcel Map shall comply with the State of
California Subdivision Map Act and shall comply with all
applicable requirements of the Lake Elsinore Municipal Code,
Title 16 unless modified by the Conditions of Approval.
3. A precise survey with closures for boundaries and all lots
shall be provided, per'City Ordinance.
4. The City's Noise Ordinance must be met' during all site
preparation activity.
5. Pay all applicable fees in force at time of issuance of
building permits.
6. Prior to final approval of Parcel Map 27821 the improvements
specified herein and approved by the Planning Commission and
the City. Council shall' be installed, or the bonds and
agreement for said improvements, shall.be submitted to the
City, and all other applicable conditions shall be.complied
with.
7. Final Map shall reflect plotting as approved on plans date
stamped October 6, 1993.
8. Building permits shall not be issued until proof that all
school mitigation fees have been paid is presented to City
Building Division.
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PAGE ELEVEN - CITY COUNCIL MINUTES — OCTOBER 26, 1993 .
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9. The developer shall meet all requirements of Southern
California Edison. Plans for a "street lighting system shall
be submitted to them for review and approval. The cost of
street lighting, installation as! well as energy charges shall
be the responsibility of the developer. Said.plans shall be
approved by the,City and shall be installed in accordance'with
the City Standards.
10. .Meet all requirements of Southern California Gas Company..
11. Meet all requirements of General Telephone
12. Applicant must meet all requirements of Elsinore Valley
Municipal Water District (EVMWD).
13. All trailers used during constjruction shall be subject to
Planning Division review and approval prior to installation.
All temporary signage and mailboxes plans .shall also, Ibe
subject review and approval of the Planning Division.
14. Any alterations to the topography,, ground surface, or any
other site preparation activity "will require the appropriate
City permits.,. .A Geologic Soils Report with associated
recommendations will be required for grading permit approval,
and all grading must meet the 'City's Grading ,Ordinance,
subject to the approval of the' :! :Chief Building Official and
Planning Division. Interim and erosion control
measures are required. The applicant shall bond 100% for
material and labor for one (1) year for erosion control
landscaping at the time the site is rough graded.
15. Prior to issuance of any grading permit or building permit,
subdivider shall sign and complete an "Acknowledgment of
Conditions" and shall return the executed original to the
Community Development Department, Planning Division.
16. The applicant shall cause to be recorded an irrevocable
reciprocal parking,. circulation, loading .and landscaping
maintenance easement and agreement in favor of all lots,
subject to the approval of the Community Development Manager.
In addition, CC &R's shall be approved by the City Attorney and
the Community Development Manager which enforces standards,of
building.. maintenance and participation' in landscape
maintenance. The CC &R's shall be recorded'_ prior_ to
finalization of the map.
17. All development associated with this map requires, separate
Design Review approval in accordance with Section 17.82 of the
Municipal Code prior to buildingl, permit approval, and shall be
subject to review to determine the required level of
environmental documentation subject to the provisions of the
California Environmental Quality Act (CEQA) Guidelines.
18. A geotechnical /seismic report with findings and associated
recommendations to mitigate - potential hazards will be required
to be submitted to the Engineering and Planning.Departments`
prior to recordation of the final map.
Engineering Department
19. All Public Works requirements shall -be complied with as a
condition of. development as specified in the Lake Elsinore
Municipal Code prior to.final map approval.
20. Dedicate underground water rights to the City (Municipal Code,
Title 16, Chapter 16.52.030). Document can be obtained from
the Engineering Department. 1
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PAGE TWELVE - CITY COUNCIL MINUTES = OCTOBER 26, 1993 i
21. Pay all Capital Improvement and `Plan Check fees (Municipal
Code, Title 16, Chapter 16.34, Resolution 85 -26).
22. Submit a "Will- Serve" letter to the City Engineering
Department, from the applicable water district, stating that
water and sewer arrangements have been made for this project.
Submit this letter prior to final map approval.
23. Construct all off -site public works improvements per approved
street plans (Municipal Code, Title 12). Plans. must be
approved and signed by the City Engineer prior to final map
approval.
24. Street improvement plans and specifications shall be prepared
by a Civil Engineer. Improvements shall be designed and
constructed to Riverside County, Road Department Standards,
latest edition, and City Codes, (Lake Elsinore Municipal Code
12.04 and 16.34).
25. Provide street lighting and show lighting improvements on
street improvement plans as required,by. the City Engineer.
26. Enter into a subdivision agreement with the City for off -site
improvements and post appropriate bonds. Bonds or'letter of
credit to be approved by the City Attorney.
27. Pay all fees and meet requirements of encroachment permit
issued by the Engineering Department, for, construction of off -
site public works improvements (Municipal Code, Title 12,
Chapter 12.08, Resolution 83 -78).
28. All compaction reports,. grade certification, monument
certification (with tie -notes delineated on 8 1/2" x 11"
mylar) shall be submitted to Engineering, Department before
final inspection of off -site improvements will be scheduled
and approved.
29. Applicant shall obtain all necessary off -site easements for
off -site grading from the adjacent property owners prior to
final map approval.
30. Comply. with all _conditions of the Riverside County Fire
Department. This shall ;include providing any required fire
protection facilities.
31. All improvement plans and tract maps shall be digitized. At
certificate of occupancy applicant shall submit tapes"and.or
discs which are .compatible with City's ARC info /Gis or
developer to pay $1,000 per sheet for city digitizing.
32. Developer shall provide No Parking and Street Sweeping Signs
for streets within tract or pay a fee for installation by the
City.
33. Developer shall install blue reflective pavement markers in
the street at all fire hydrant locations.
34. Developer shall be subject to all Master Planned Drainage fees
and will receive credit for all master planned drainage
facilities constructed.
35. If grading exceeds 50 cubic yards; grading plans shall be
prepared by a Civil Engineer and approved prior to final map
approval. Prior to any grading, applicant shall obtain a
grading permit and post appropriate security.
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AGENDA ITEM FAGE_z_e_ - - -_4
PAGE THIRTEEN - CITY COUNCIL MINUTES,- OCTOBER 26, 1993
36. The owner shall provide the City with proof of his having
filed a Notice of Intent with the Regional Water Quality
Control Board for Natural Pollutant Discharge Elimination
System (NPDES) and submit the storm water pollutant prevention
plan prior to grading permit.
37. Submit Hydrology and Hydraulic Reports for review and approval
by City Engineer prior to approval of final map. Developer
shall mitigate any flooding and /or erosion downstream caused
by development of site and diversion of drainage.
38. All drainage facilities shall ',be constructed to Riverside
County Flood Control District Standards.
39. Lot drainage shall be conveyed to a public facility or
accepted by adjacent property owners by a letter of drainage
acceptance or conveyed to a drainage easement.
40. All natural drainage traversing site shall be conveyed through
site, or shall be collected and conveyed by a method approved
by the City Engineer.
41. Provide sufficient right -of -way for improvements on Casino
Drive for an 80 foot right =of -way. Improvements to be built
at development of Parcel 5.
42. As part of the construction of!�,off -site public improvements
related to Malaga Road, and the,Mission Trail and Malaga Road
intersections, the applicant shall acquire the property on the
easterly corner of Mission Trail and Malaga (APN 365- 051 -001)
and dedicate this property to the City.
43. Developer shall design and install a traffic signal at the
intersection of Mission Trail and Malaga. It shall be
operational no later than two '',(2) months after the theater
opens.
44. A pedestrian access shall be provided from the Casino Hotel to
the project site.
45. Driveway on Mission Trail Parcel #1 shall be limited to right
turn in and turn out only.
46. Dedicate 10 feet along Malaga Road for additional right -of-
way.
47. Dedicate 20 feet along Mission Trail frontage for additional
right -of -way.
22.
City Manager Molendyk explained that this is an appeal by
Lewis Homes regarding the new Ordinance Council had staff draw
up regarding fencing in residential tracts. He stated that
Community Development Manager' Shear had a video of the
existing fences and some of the other fencing in the area.
City Planner Leslie an overview of a video which presented the
variation in grades of the various pads and views of the
Centex Development with block walls on the perimeters and wood
fences on the returns and a combination of block and wrought
iron up the slope. He further ,show a development on Machado
with all block walls, except for gates on the sides and a
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PAGE FOURTEEN - CITY COUNCIL MINUTES - OCTOBER'26, 1993
development with all wood fencing. The video presented
examples of the different types of fencing used in the past.
City Manager Molendyk explained the direction that the Council
had given in the past was that there should be no more wood
fencing, especially in the areas where there is terracing and
fencing is visible. He stated that the developers felt that
it was too costly to go completely with block walls. Mr.
Molendyk stated that staff needs direction and whatever
Council decides will have an impact. on other future
developments in the community.
Mimi Rayl, representing Lewis Homes of California, presented
an exhibit which shows that a block wall will be built on the
perimeter of the project on top of the slope along Robb Road,
to the south of the project and across the top of the slope.
She explained that Lewis Homes would like to put a combination
of a block and wrought iron wall along the back slopes as a
temporary combination wall for the models to be replaced at
time of sale for privacy reasons. Ms. Rayl explained that her
development would like to use wood fencing on the side yard
lot lines and the rear yard lot lines. She presented pictures
of examples of fencing which were used in other developments.
City Planner Leslie explained that if the City Council
determines that in the case of the subject tract, use of wood
fencing as proposed would be acceptable as an alternative
material to solid block in some areas. He recommended the
following limitations mentioned in Ms. Rayl's presentation as
follows:
1. At the model complex instead of using solid block wall,
she suggested using partial block wall with wrought iron
fencing.
2. On the six lots along Spruce street using solid block ,
wall on the top of slope would obstruct view of the side
yard, which it was requested to allow wood fences.
3. Treated wood fencing and not painted.
4. Wood fencing on the phase line since that area would only
be open to construction
Planning Recommendation:
Wood fencing will be allowed only on certain interior
side property lines on the subject tract with the
exception of side property lines that are also phase
lines in which case a solid block wall shall be used
unless the adjacent phase is built concurrently. Wood
fencing on side property lines on Lots 7 through 12,of
Tract 19750 -3 can only be used when the property line is
on level with the pad, solid block wall must be used on
those portions of the side property -line along the rear
slope of these lots. Wood fencing will also be allowed
on the rear property lines of only lots 4 and 5 of Tract
19750 -3. The wood fencing as allowed shall be
constructed pursuant to the detail contained on the
approved Wall and Fencing Plans and shall be painted to
blend with either the surrounding block walls or the
coloring of the homes. Six -foot (6') high solid block
PACE
PAGE FIFTEEN - CITY COUNCIL MINUTES - ',OCTOBER 26, 1993
walls shall be constructed, on all other side and rear
yard property lines.. Fencing proposed in future phases
of this project will be subject to separate review and
approval -by the Community Development Manager or their
designee pursuant.to the guidelines as set forth above.
Mayor Washburn then called on those persons who requested to
speak as follows:
Mike Aller, Centex Homes, 4351 Latham Street, Riverside,
stated that his project has already received their conditions
and he has a masonry budget of $1.2 million for the streets,
the channels, the perimeter.and corner lots not including the
wrought iron, just masonry. He stated that when he had heard
that the City had passed an ordinance requiring all masonry
wall, it was a shock to his wallet and he was approaching
Council for direction. He explained. the major cost of
material and construction per lot and what it means as a
impact on the cost of the total sale of the house, as well as
the time it would take to change`,the grading of existing lots
to accommodate the block wall footings. Total block walls
will also present a problem to the future homeowner who wishes
to install a pool or spa and has no ability to temporarily
remove the fencing for construction.- Mr. Aller asked that
Council give consideration on a "case by case basis.
Councilman Winkler stated that the only change in. the
Ordinance was that instead of the Planning Commission making
the waiver, it is now the responsibility of the Council to
make that decision, and will be ,;done on a case by case basis
until-Council can give a clearer guideline. He stated that he
would like to visit the site to make a review of what he felt
would address the site best.. Councilman Winkler asked staff
to find out.approximately what it cost for all block wall at
the Nelson Project. He stated that the.interior fences which
are highly visible are what he is most concerned about.
'Mayor Washburn stated that he would not like to see anything
weaken the'. existing ordinance or the intent of the quality
that has been seen with Centex Homes. He suggested a policy
to guide staff.
MOVED BY WINKLER, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS
VOTE OF THOSE PRESENT TO CONTINUE THE ''APPEAL OF PLANNING COMMISSION
CONDITION OF - APPROVAL NO.- 24 FOR RESIDENTIAL PROJECT 89 -17
AMENDMENT NO. 2 (LEWIS HOMES), TO THE NEXT REGULAR CITY COUNCIL
MEETING ON NOVEMBER 9, 1993, TO ALLOW TIME TOMEET WITH 'STAFF AND
THE APPLICANT.
BUSINESS ITEMS
31.
City Manager Molendyk explained that this is the second major
tenant at the Oak Grove Equities (Wal -Mart) site. This
project is "EXPO" which is a new supermarket that Von's is
building which consists of 62,000 square feet, consisting of
a standard market, plus a pharmacy, dry cleaners, video store,
deli, and meat market is one facility, which is the state of
art.
City Planner Leslie presented' exhibits and explained the
location and elevations. He stated that staff has worked with
the applicant and the architect to make revisions to the
project.
AGENDA ITEM,
PAGE SIXTEEN — CITY COUNCIL MINUTES OCTOBER 26, 1993
Mayor Washburn asked about the Planning Commission's concern
regarding shopping carts on -site or off -site. He asked if the
shopping carts can be stored inside the store and if there is
a need to have the carts stored outside, whether there is some
provision made for screening. City Planner Leslie stated that
the shopping carts would be screened from the parking lot and
frontal view, but as the approach from the side is made they
are visible. Mayor Washburn stated that the additional
handicap provisions the Planning Commission conditioned are
good and he would agree.
Councilwoman Cherveny asked what the target date for opening
would be. Sharon Douglas, representing EXPO, explained what
steps would be taken and for a target date sometime in 1995.
Mayor Washburn asked what would,be done with the old store.
Sharon Douglas explained that the old Von's store is leased
and they would attempt to sub -lease the site.
Councilman Dominguez wanted to know if the store would have
ATM machines and if they would be inside the store. Ms.
Douglas stated that she was not sure if there were plans for
a banking facility. - Councilman Dominguez stated that if there
were ATM machines, he would like to see them located indoors.
Councilman Dominguez asked if the EXPO would be a "24 hour"
store. Ms. Douglas stated that it had not been decided•what
hours would be kept for the store at this time.
Mayor Washburn asked if there would be restroom facilities
available for the public. Ms. Douglas stated that there would
be. Mayor Washburn then asked if the bathroom facilities
would have changing tables since the Lake Elsinore has a large
population of young families. Ms. Douglas advised that she
did not know but that she doubted that they would., Mayor
Washburn asked that they consider the changing tables.
MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS
VOTE OF THOSE PRESENT TO APPROVE COMMERCIAL PROJECT NO. 93 -2a,
BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE CONDITIONS OF
APPROVAL:
FINDINGS
1. Subject to the attached Conditions of Approval and the
Mitigation Measures contained in the certified Environmental
Impact Report No. 92 -3 for the site, the proposed project is
not anticipated to result in any significant adverse
environmental impacts.
2. The project, as proposed complies with the Goals, Objectives
and Policies of the General Plan, the Elsinore City Center
Specific Plan, and the Zoning District in which it is located.
3. This project complies with the design directives contained in
the Elsinore City Center Specific Plan.
4. Conditions and safeguards pursuant to Chapter 17.82.070,
including guarantees and evidence of compliance . with
conditions, have been incorporated into the approval of the
subject project to ensure development of the .property in
accordance with the Objectives of Chapter 17.82 and the
Elsinore City Center Specific Plan.
AGENDA ITFtd' 1//40— _�//
PAGE SEVENTEEN - CITY COUNCIL MINUTES,.7. OCTOBER 26, 1993
CONDITIONS OF APPROVAL,FOR.COMMERCIAL,PROJECT NO. 93 -2A
PLANNING DIVISION
1. Design Review approval for Commercial Project No. 93 -2A will
lapse and be void unless building permits are issued within
one (1) year of Planning Commission approval. An extension of
time, up -to one (1).year per extension, may be granted by the
Community Development Manager prior to the expiration of the
initial Design Review approval upon application by the
developer one (1) month prior to expiration.
2. These Conditions of Approval shall be reproduced upon Page One
of Building Plans prior to their,;: acceptance by.the Division of
Building and Safety.
3. All site improvements shall be constructed.as indicated on the
approved site plan and elevations. Revisions to approved site
plans or building elevations' shall be subject to the
discretion of the Community Development Manager. All plans
submitted for Building Division Plan Check shall conform with
the submitted plans or as modified by Conditions of Approval,
or the Planning Commission through subsequent action.
4. Materials and colors depicted on the materials board shall be
used unless modified,by the Community Development Manager or
his designee.
5. Applicant shall meet all Conditions of Approval prior to the
issuance of a Certificate of Occupancy and release of
utilities.
6. Applicant is to meet all applicable.City Codes and Ordinances
including State handicap requirements.
7. Meet all Riverside County Health Department requirements..
8. Meet all Riverside County Fire Department requirements.
9.,, Project must.meet all requirements of Cal- Trans..
10. No outdoor storage of any items shall be permitted with the
exception of shopping carts within approved.designated areas.
11. Trash enclosures shall be constructed per City standards as
approved by the Community Development Manager or designee,
prior to issuance of Certificate of Occupancy.
12. All roof ladders and electrical panels, shall be located within
the interior of the building or in.specially designed areas
concealed from public right -of -way view.
13. Applicant shall use roofing materials with Class "A" fire
rating.
14. All roof mounted or ground support air conditioning units or
other mechanical equipment incidental to development shall be
architecturally screened so that they are not visible from
neighboring property, public streets, and the I -15. Screening
plan shall be approved by the Community Development Manager or
.designee,,prior -to issuance of 'building permit.
15. All exterior down- spouts shall be constructed within the
interior of the building or concealed from public right -of -way
view.
AGENDA iTEN; NJ. -- "*-_
PAGE OF _S1(0_
PAGE EIGHTEEN - CITY COUNCIL MINUTES - OCTOBERC26, 1993
16. Bicycle racks shall be provided adjacent to major commercial
uses. Placement, design and quantity shall be indicated on
the final landscaping plan, and subject to the approval of the
Community Development Manager or designee, prior to the
issuance of building permit.
17. The parking lot landscaping designs shall provide at least one
(1) twenty- four -inch (2411) tree for every ten (10) spaces with
planter box to be staggered every row, and subject to • the
approval 'of' the City's Landscape Architect and Community
Development Manager or designee.
18. The final landscaping /irrigation plan is to be reviewed -and
approved by the City's Landscape Architect Consultant and the
Community Development Manager or designee, prior to issuance
of building permit. A Landscape Plan Check Fee will be
charged prior to final landscape approval based on the
Consultant's fee plus forty percent (408).
a) All planting areas shall have permanent and automatic
sprinkler system with 1008 plant and grass coverage using
a combination of drip and conventional irrigation
methods.
b) Applicant shall plant street trees, selected from the
City's Street Tree List, a maximum of forty feet '(40)
(Per the Elsinore City Center Specific Plan) apart and at
least twenty- four -inch (24 ") box. On areas where
screening, is necessary trees shall be at least thirty
six -inch (3611) box size.
C) All planting areas shall be separated from paved areas
with a six inch (6 ") high and six inch (61') wide concrete
curb.
d) Planting within fifteen feet (15') of 'ingress /egress
points shall be no higher than thirty -,six inches (36 ").
e) Landscape planters shall be planted with an appropriate
parking lot shade tree to provide for 508 parking lot
shading in fifteen (15) years.
f) Any transformers and mechanical or electrical` equipment
shall be indicated on landscape plan and screened as part
of the landscaping plan.
g) The landscape plan shall provide for ground cover,
shrubs, and trees and meet all requirements of the City's
adopted Landscape Guidelines. Special attention to the
use of Xeriscape or drought resistant plantings with
combination drip irrigation system to be used to prevent
excessive watering.
h) All landscape improvements shall be bonded 120% Faithful
Performance Bond, and released at completion of instal -
lation of landscape requirements approval /acceptance, and
bond 1008 for material and labor for one (1) year.
i) All landscaping and irrigation shall be installed within
affected portion of any phase at the time a'Certificate
of Occupancy is requested for any building. All planting
areas shall include plantings in the Xeriscape concept,
drought tolerant grasses and plants.
J) Final landscape plan must be consistent with approved
site plan.
AGENDA lTE; +'i NO. • �'
- "#—•
PACE
PAGE NINETEEN - CITY COUNCIL MINUTES - OCTOBER 26, 1993
k) Final landscape plans to include planting and irrigation
details. I s
19. All exposed slopes in excess of three feet (3') in. height
shall have a permanent irrigation system and erosion control
vegetation installed, approved by the Planning Division.
20. All exterior on- site.lighting shall be shielded and directed
on -site so as not to create glare onto neighboring.property
and streets or allow illumination above the horizontal plane
of the fixture.
21. All proposed signage shall require City permits and be in
conformance with Elsinore City .Center Specific Plan, the
associated Elsinore City Center Sign Program, and Section
17.94 of the Municipal.-Code.
22. The project shall connect to sewer and meet all requirements
of the Elsinore Valley Municipal Water District (EVMWD).
Applicant shall submit water and sewer plans to the EVMWD and
shall incorporate all district conditions and standards.
23. All loading zones shall be clearly marked with yellow striping
and shall meet City and Specific Plan Standards for loading
zones. This project shall be designed so that every unit
(with the exception. of shop #3 which is to have two _(2)
loading areas) is provided with a loading space as required by
the City Municipal Code and the Elsinore City Center Specific
Plan.
24. Trailers utilized during construction shall be approved by the
Planning Division.
25. On -site surface drainage shall not cross sidewalks.
26. Parking stalls shall be double- striped with four -inch (4 ")
lines two -feet (2') apart.
27. Painted arrows on the asphalt shall be located at all internal
one -way drive aisles.
28. Prior to issuance of any grading permit or building permits,
the applicant shall sign and complete an "Acknowledgment of
Conditions" and shall return.. the executed original to the
Community Development Department for inclusion in the case
records.
29. This project shall be subject to the Mitigation Monitoring
Program contained in the Certified Environmental Impact Report
No. 92 -3.
30. Any tenant within this development that can potentially employ
100 people or more shall be subject to the requirements of
Ordinance No. 941 (Trip Reduction Ordinance) adopted October
27, 1992.
31. All vending machines, shopping cart storage areas, tables,
kid's rides, newspaper racks, telephones, and similar devices
shall be conceal from view with a structure consistent with
the building design. These shall be approved by the Community
Development Manager or designee prior to installation.
32. The applicant shall submit a graffiti removal.program. This
program shall include methods for immediate graffiti removal
and shall be subject to the approval of the Community
Development Manager or designee.
PAGE TWENTY - CITY COUNCIL MINUTES - OCTOBER 26, 1993
33. The- applicant shall install decorative pavement at all
entrances into the project, at all major drive aisle
intersections, and directly in front of the main entry in to
the structure. This detail shall be included on the 'revised
site plan and is subject to the approval of the Community
Development Director or his designee.
34. If approval is granted by the City Council for a secondary
shopping cart storage area it shall be located on the south
side of the structure and shall be enhanced with the same
treatments as has been required for the main storage area
along the front of the building.
35. The walkway in front of the cart storage area at the front of
the building shall be a minimum seven•feet (71) wide and the
planter shall be a minimum five feet (5' ) wide and bermed
against the cart storage screen wall.
36. DELETED.
ENGINEERING DEPARTMENT
37. Meet all Conditions of Approval for Tentative Parcel Map No.
27659.
38.• Medians in driveways shall be moved back out of the right -of-
way to provide proper truck turning into the site.
39. Four (4) additional handicap parking spaces are to be provided
on the right side of the building (Expo).
32. Extension of Time for Tentative Tract Map No. '22904, Revision
City Manager Molendyk explained that a bill' was recently
passed which automatically gives all outstanding tentative
tract and parcel maps in the State of* California a two .(2)
year extension. This item was continued for Council
reconsideration at the meeting on July 13, 1993, and was
brought back for Council's information.
Mayor Washburn explained that the new bill was signed into law
on September 13, 1993, and this action was .taken due to the
existing economic conditions being experienced. I -
MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS
VOTE OF THOSE PRESENT TO ACKNOWLEDGE THE STATE'S MANDATED AUTOMATIC
EXTENSION OF TIME FOR TENTATIVE MAPS WHICH APPLIES TO TENTATIVE
TRACT MAP NO. 22904.
33. State Route 74 - Memorandum of Understandin
City Manager Molendyk explained that the City has been working
with Project Dimensions, and Cal -Trans for the realignment and
expansion of Highway 74. The Memorandum of Understanding is
a State requirement which acknowledges our cooperation to
follow the procedures and standards.
MOVED BY CHERVENY,.•SECONDED BY DOMINGUEZ AND CARRIED BY A 3 - 0
VOTE WITH WINKLER ABSTAINING TO APPROVE THE MEMORANDUM OF
UNDERSTANDING AND AUTHORIZE THE.MAYOR TO AFFIX HIS SIGNATURE.
AGENDA ITEM,, NO
PAGES G ^SP
PAGE TWENTY -ONE -.CITY COUNCIL MINUTES - OCTOBER 26, 1993
34. Lakeshore Drive and Chaney Street Intersection Improvements.
City Manager Molendyk explained +,that this area has become a
traffic and safety concern. He stated that there are no left
hand turn lanes and there is a problem with.excessive speed.
Mr. Molendyk pointed out that there will be closures due to
the channel construction and staff recommends the design and
widening of Lakeshore Drive and Chaney Street, a left turn
lane and a three way stop. He explained that this would
assist in the construction of.the outflow channel and be of
benefit to the existing homeowners. This project would also
include the installation of asphalt sidewalks for the safety
of the children. Mr. Molendyk .asked that the .funds be
appropriated from the traffic signal at Lincoln Street and
Machado Street since this project will be funded by the state
in June and the monies be reappropriated the Lakeshore Drive
and Chaney Street intersection.'
Public Services Director gave an overview of the project and
explained the exhibits which present the location of the
project and showing the widening of Lakeshore Drive from Adams
Way to Townsend in order to mitigate the traffic and delays
which were experienced last year due to the floods. He
further explained that the funds requested that the. money
requested would cover the design of widening of Chaney and
install the asphalt sidewalks.
MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS
VOTE OF THOSE PRESENT TO AUTHORIZE ',!; THE DELETION OF THE LINCOLN
STREET AND MACHADO STREET TRAFFIC SIGNAL FROM THE 1993/94 CIP
BUDGET AND AUTHORIZE THE EXPENDITURE'' OF $100,000 ON IMPROVEMENT TO
THE LAKESHORE DRIVE AND CHANEY STREET INTERSECTION.
35. Award of Contract - Downtown West Street and Storm Drain
T.nr,e.ne - _ ni.� T
City Manager Molendyk explained that for the last several
years Council has appropriated funds for the design and
construction of street and drainage improvements in the
downtown area. The following streets were designed under this
project as follows:
1. Scrivener St. - Sumner Ave,. to Flint St.
2. Lewis St. - Sumner Ave. toPottery St.
3. Silver St. - Sumner Ave. to Pottery St..
4. Campus Way - Heald Ave. tolPottery St.
5. Mohr St. - Heald Ave. to Pottery St.
City Manager Molendyk explainedthat the Engineer's estimate
was $494,822. the low bid was from J.E.G. Construction co.,
Inc., in the amount of $377,016`.17. He recommended approval
of acceptance and award of low bid.
Councilwoman Cherveny._,stated that since this project Js to
pave existing, dirt streets, she was .sure that the persons
living on those streets would not mind the inconvenience, but
rather be grateful, since they have been waiting for a very
long time for paving..
MOVED BY WASHBURN, SECONDED BY DOMINGUEZ. TO, ACCEPT THE BID OF
$377,010.17 AND AWARD A CONTRACT TOJ.E.G. CONSTRUCTION COMPANY,
INC., FOR THE CONSTRUCTION OF THE STORM DRAIN AND ALL EIGHT BLOCKS
OF STREET IMPROVEMENTS; AND AUTHORIZE THE ADMINISTRATIVE SERVICES
DIRECTOR TO TRANSFER $25,000. FROM THE DRAINAGE FEE FUND AND
$50,000. FROM THE 1993/94 CIP, BUDGET FOR THE TRAFFIC SIGNAL AT
LINCOLN STREET AND MACHADO STREET TO'THIS PROJECT.
0 F
PAGE TWENTY -TWO - CITY COUNCIL MINUTES - OCTOBER 26, 1993
City Manager Molendyk asked what the estimated time to start
was and when it is the expected the project will be finished.
Public Services Director Tecca explained that construction
time will be approximately 60 days, and he does not have an
exact time table on the project but will provide a memo to the
City Manager.
Councilwoman Cherveny asked when Kansas Street would be paved.
Public Services Director Tecca explained that Kansas and
Illinois Streets are two streets that have a high level of
interest in the community. He further explained that as the
budget permits each street will be attended to. Kansas and
Illinois Streets are high on the list of upcoming streets to
be improved.
Councilman Dominguez stated that if there was not such a need
for flood control projects this budget, those streets would
have been done this year. However, they are high on the
priority list_ and will be done as soon as the budget will
allow.
THE FOREGOING MOTION WAS CARRIED BY UNANIMOUS VOTE BY THOSE
PRESENT.
36. Appropriation of Funds for Change Order Number 1 to
City Manager Molendyk explained that a contract was
previous lyawarded for the San Jacinto Channel and this is
Change Order No. 1, in the amount of $29,500. which is for the
cost of a headwall structure as part of the storm drain
system. He stated that he.had placed two questions to Public
Services Director Tecca being; 1) Why wasn't this done
earlier? and 2) What is a headwall structure?
Mayor Washburn asked why this was not thought of earlier.
Public Services Director Tecca explained that an agreement was
made with Ayres Development that they would construct a storm
drain, taking the water from the tract to the storm drain, and
the City would pay for the oversizing of the storm drain that
goes in Lakeshore Drive. He further explained that an out -let
structure could not be built, because there was not a
definitive location for the channel, so it was removed from
the contract with Ayres and postponed until this point in
time. Mr. Tecca explained that it is cheaper to use this
method, than to have Ayres remobilize and bring their
contractor back to complete the head wall structure. He
stated that a good price was negotiated- with American
Contracting, Inc. Mr. Tecca explained that a headwall
structure is a concrete box where the water flows out of the
pipe, down into the box and then into the channel. It has a
large metal flapper gate which allows the water to flow out
and prevent erosion.
Councilwoman Cherveny asked if
headwall would the City be
Director Tecca explained that
this.
Ayres was conditioned to do the
reimbursed. Public Services
they were not conditioned for
MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS
VOTE OF THOSE PRESENT TO APPROPRIATE $29,500. FROM THE DRAINAGE
FUND TO THE LAKE ELSINORE REDEVELOPMENT AGENCY, TO COVER AN
INCREASE IN THE CONTRACT AMOUNT WITH AMERICAN CONTRACTING, IN ORDER
TO CONSTRUCT THE HEADWALL STRUCTURE OF THE AYRES STORM DRAIN.
AGENDF, llcP. r.':_ 10106
PAGE TWENTY -THREE - CITT COUNCIL MINUTES - OCTOBER 26, 1993
37. Notice of Completion
City Manager Molendyk explained that this is the final
acceptance by the City and recommended approval.
MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS
VOTE OF THOSE PRESENT TO APPROVE '!AND- ACCEPT THE PROJECT AS
COMPLETE; REQUEST MAYOR TO SIGN NOTICE OF COMPLETION; AND AUTHORIZE
THE CITY CLERK TO RECORD THE NOTICE OF COMPLETION
38.
City Manager Molendyk explained that most of the concerns
regarding Chaney Street were covered at a Work Session with
the property owners from Chaney Street. Their remaining
interest is in the short term and long term plans for Chaney
Street. He explained that - there are two alternatives, (1)
widen the existing alignment, by cutting through the top of
the hill, and (2) construct a =new alignment north of the
existing alignment approximately along Frederick Avenue.
Councilman Dominguez stated that it was discussed that it was
more favorable to use alternative No. 2. He asked Community
Services Director Tecca to explain.
'Community Services Director Tecca explained that at the Work
Shop both alternatives were discussed. Alternative No. 1
would mean the relocation of 13 families and 13 homes, whereas
alternative No. 2 would mean the''relocation of only 6 families
and homes. He further explained that the cost is
approximately the same. The advantages to using alternative
No. 2, is that it makes the curve on Chaney more manageable
and the access to all existing streets from existing
properties is retained which means that there would be no
necessity to build more locale` streets to accommodate the
residents. Mr. Tecca stated that Staff would recommend the
adoption of alternative No. 2.
Mayor Washburn explained that there is no funding source at
this time to expedite this project.
City Manager Molendyk explained that there is an alternative,
which is the exchange of property. He further explained that
the City has surplus property; which -some of the property
owners may be interested in as an exchange.
Mayor Washburn explained 'that this would give the property
owners an opportunity to review",the City owned properties and
make decisions.
MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS
VOTE OF THOSE PRESENT TO ACCEPT ALTERNATIVE NO. 2, CONSTRUCT A NEW
ALIGNMENT NORTH OF THE EXISTING ALIGNMENT, APPROXIMATELY ALONG
FREDERICK AVENUE, WITH STAFF TO WORK OUT THE SOLUTIONS FOR THE
PROJECT.
PAGE TWENTY -FOUR - CITY COUNCIL MINUTES - OCTOBER 26, 1993
39. Status Report on Century Home Fencing
City Manager Molendyk explained that is has come to the
attention of staff that there are concerns on the Council's
part on the amount of wood fencing which . is being used by
Century Homes. This project is located on Summerhill Drive
just below Tuscany Hills. Mr. Molendyk stated that the
Condition of Approval No. 28.reads as follows:
A six foot (6') high masonry wall or decorative block
wall shall be constructed along the side and rear
property lines and shall conform to Section 17.14.080
(Fences and Walls) and Section 17.14.130. Side and rear
fencing, where not visible from the right -of -way, may be
wood, subject to the approval of the "Community
Development Director or designee, prior to issuance of
building permit.
City Manager Molendyk explained that since phase 1 of the
project received approvals to use wood fencing in lieu of
block walls, Century Homes requested and received approval on
February 2, 1993 for wood fencing to be allowed in their phase
2. He stated that the reason this item was placed on the
agenda is because there is concern that -this development does
not meet Condition of Approval No. 28.
Mayor Washburn then asked the persons who submitted requests
to speak. The following person spoke: y
Arthur Levine, Century Homes representative, 1535 South "D"
Street, San Bernardino, concurred with what Mr. , Aller of
Centex.Homes had said earlier and stated that there are two
major aspects, which are the first two phases which have been
approved: and explained that the fencing and placement of the
fencing was duly submitted to the staff, as required, for
approval and were approved. He gave an overview of the
elevation and placement of the fences. He stressed in the two
existing phases they were approved. He explained the loan
process and the amounts borrowed to complete the phases; which
includes the monies for fencing and was based upon the
,approvals of the City. To increase the masonry required that
does not appear on the approved plans would increase the cost
of the current development and there are no provisions made to
allow for this increase. This would make the project
impossible to complete. He advised that Century Homes wishes
to cooperate with the City and since the future phases have
not been financed, if there were more masonry required, then
that could be included within the loan process for the
,financing of. the future phases. He asked that .Council
consider the position of Century Homes_in this matter.
Councilman Winkler stated that he is not satisfied with this
project and that he has stated his concerns in the past during
the Council Comment section and with staff. He commented that
you can see the wood fencing from Railroad Canyon Road and
those fences will be visible for a long time, and it doesn't
make sense to have block walls on the exterior of the project
with the wood fencing visible.
City Manager Molendyk stated that there is a video of the
project which would clarify the concerns.
Community Development Manager Shear explained the video and
pointed out the newest fence that was being placed which is on
the top of a 30 foot slope.
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PAGE TWENTY -FIVE - CITY COUNCIL MINUTES - OCTOBER 26, 1993
Councilman Winkler explained that Railroad Canyon Road is a
major entrance to the City and looking at this project there.
will be a lot of wooden fences that are on terraces and will
be visible from Railroad Canyon 'Road and over the years it
will look worse and worse. He further explained that one of
the reasons for the ordinance which took the ability to waive
the requirements from the Planning Commission and gave the
responsibility to the Council, was because of this project.
He stated that he thought it was a mistake of the Planning
Commission, but now he realize& that the Planning Commission
had placed Condition No. 28. Mr. Winkler stated that these
fences are clearly visible and in violation of Condition No.
28. He explained that there have been discussions within the
Council regarding the allocation of monies to replace some of
the existing wood fences' to improve` the appearance of the
City.* Councilman Winkler state'd,that in his opinion, since
the Council has made their decision regarding fences, there
has been a "hurry -up" process at the Century Homes site to
build more wood fences.- He stated that: "the Conditions of
Approval set by the Planning Commission have not been met and
this becomes an overall problem for the community. He
explained that if the fencing looks run down then. the
community looks run down and it then affects the entire
community in regard crime and and other issues. Councilman
Winkler- stated that he felt that 'the conditions that the
Planning Commission have set have not been met and that all
construction should stop until the conditions have been met.
MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO STOP ALL CONSTRUCTION OF
CENTURY HOMES UNTIL ALL CONDITIONS OF APPROVAL HAVE BEEN MET.
Mayor Washburn commented that if you review Condition No. 28,
you recognize that it is a matter of interpretation. He
stated that the developer might feel that he can do wood
fencing because he feels that it is not in line of sight from
a major thoroughfare; whereas a Councilmember or one of the
City's Engineers would feel that it was visible from a major
thoroughfare. Mayor Washburn emphasized that he did feel that
it was a matter of interpretation and that he would like to
see the applicant, City staff "and a Council representative
meet with the developer and review the site and work out
appropriate solutions measures in regard to this project. 'He
asked if Councilman Winkler and Councilman Dominguez would
include this as an amendment to the Motion.
Both Councilman Winkler and Councilman Dominguez agreed to
amend the motion as follows:
AND MEET WITH THE DEVELOPER AND REVIEW THE SITE FOR COMPLIANCE WITH
CONDITION OF APPROVAL NO. 28.
THE FOREGOING MOTION WAS APPROVED BY UNANIMOUS VOTE BY THOSE
PRESENT.
PUBLIC COMMENTS- NON-AGENDIZED ITEMS
Deferred to Redevelopment Agency Meeting.
CITY MANAGER COMMENTS
Deferred to Redevelopment Agency Meeting.
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PAGE TWENTY -SIX - CITY COUNCIL MINUTES - OCTOBER 26, 1993
CITY COUNCIL COMMENTS
Deferred to Redevelopment Agency Meeting.
THE CITY COUNCIL MEETING WAS RECESSED TO THE REDEVELOPMENT AGENCY
MEETING AT 8:59 P.M.
THE CITY COUNCIL MEETING WAS RECONVENED TO A JOINT CITY
COUNCIL /REDEVELOPMENT AGENCY MEETING AT 9:08 P.M.
CLOSED SESSION
THE CITY COUNCIL MEETING WAS ADJOURNED TO A JOINT CLOSED SESSION
WITH THE REDEVELOPMENT AGENCY BOARD TO DISCUSS MATTERS OF POTENTIAL
LITIGATION AND,A SINGLE CRIMINAL CASE, PEOPLE VS. FROHOCK AT 10:05
P.M.
THE CITY COUNCIL MEETING WAS RECONVENED AT 10:41 P.M. WITH NO
ACTION TAKEN
ADJOURNMENT.
MOVED BY WASHBURN, SECONDED BY WINKLER.AND APPROVED BY UNANIMOUS
VOTE BY THOSE'PRESENT.TO ADJOURN THE REGULAR CITY COUNCIL MEETING
AT 10:41 P.M.
Respectfully submitted:
Adria L..Bryning, Deputy City Clerk
ATTEST:
VICKI KASAD, CITY CLERK
GARY M. WASHBURN, MAYOR
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