Loading...
HomeMy WebLinkAbout04-22-2003 City Council MinutesMINUTES REGULAR CTTY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 22, 2003 ~:~:~~~:~~~~~:~:~~~**~:~~~:~~~:~~~~~*:~~:~~:~~~~:~~*~*:~~:~*~~,~:~~~:~:~:~~*:~~~**:~~:~:~ CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Brinley at 7:01 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Information/Communications Manager Dennis. INVOCATION Mayor Brinley led the Meeting in a Moment of Silent Reflection for the service men and women in Iraq. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, BUCKLEY ABSENT: COUNCILMEMBERS: HICKMAN Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Community Development Director Brady, Community Services Director Sapp, Police Chief Walsh, Engineering Manager O'Donnell, City Treasurer Judziewicz and City Clerk/Human Resources Director Kasad. Page Two - City Council Minutes -Apri122, 2003 a. Proclamation - Mental Health Month. (F:122.1) Representative not present for presentation. b. Proclamation - Motorcycle Awareness Month. (F:122.1) Mayor Brinley read and presented the Proclamation to Leon Daly and Russell Howard. Mr. Howard advised that he was in charge of the Motorcycle Awareness procession and rally on May 10"' at the Community Center. He indicated that representative Haynes and Hollingsworth were scheduled to appear at the event. Mr. Daly indicated that he was the Chairman of the regional rally, which they had done for the last 8 years. He commented that the City staff was professional and good to work with. He advised that the event would be held on Mother's Day weekend and they anticipated 1,200 people. He indicated that everyone was welcome to this family event. They thanked the Council for this recognition. c. Presentation - Business of the Year 2002. (F:56.1)(X:70.1) Mayor Brinley provided an overview of Pardee Homes, the 2002 Business of the Year. She introduced Jim Stringer, representing Pardee Homes, and noted that they had worked with the City for over a decade to bring Canyon Hills on line. She noted that Pardee had won enough awards to fill a trophy case, and highlighted those awards, including the "America's Best Builder". She also noted that the first phase of their project was sold out, and the remaining phases had been accelerated. She recognized Jim Stringer and presented him with the Business of the Year Trophy. She thanked Pardee for choosing Lake Elsinore. Page Three - City Council Minutes -Apri122, 2003 Mr. Stringer thanked the Council for this recognition and noted that of all the awards they had received, this recognition had the most meaning to him, as it was more personal. PUBLIC COMMENTS - AGENDIZED ITEMS None Requested. CONSENT CALENDAR ITEMS Mayor Brinley noted that Councilman Hickman's absence was excused, as he was attending and Conference in Sacramento. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Joint City Council/Redevelopment Agency Study Session - April, 8, 2003. (F:44.4) b. Regular City Council Meeting - Apri18, 2003. c. Planning Commission Meeting - April 1, 2003. 2. Ratified Warrant List for April 15, 2003. (F:123) 3. Approved New Implementation Agreement with Riverside County Flood Control and Water Conservation District for the NPDES Permit, and authorized the Mayor to sign the agreement. (F:68.1) 4. Approved Transfer of $120,000 from Measure "A" funds for the Casino Drive Bridge at San Jacinto River-Seismic Retrofit Project. (F:156.1) Page Four - City Council Minutes - Apri122, 2003 BiTSINESS ITEMS 31. Second Reading - Ordinance No. 1096 - Regarding the Transportation Uniform Mitigation Fee Program. (F:140.1) City Manager Watenpaugh noted that this was a second reading, and noted that there had been considerable discussion at the agenda review. He noted the presence of WRCOG representatives to respond to questions. He indicated that the letter sent to Mr. Bishop had received a very quick response, with only a couple of items left undone. He noted an earlier question regarding Calimesa's action on this item and indicated that it was approved last night on a vote of 4 to 1, for the first reading. Mayor Pro Tem Schiffner indicated that this was not the best possible choice to make, but approval of the plan and ordinance was the best at this time. He noted his concerns regarding the indemnification. He indicated that he was in favor of approving the ordinance and reconsidering it later if the indemnification is not to the Council's satisfaction. Mayor Brinley requested the City Attorney's input on the "rider" to the Ordinance. City Attorney Leibold indicated that at the request of the City Council, she forwarded a letter to WRCOG on seven issues far which they were requesting additional consideration. She noted that as discussed at the Study Session, the issues included the imposition of the TIJMF fee on non- residential projects, definition of the Administrative Plan, Indemnity, expenditure of zone monies, cost recovery for administrative costs to the cities, definition of "low income", and a survey of the cities to determine the number of units exempted from the fee. She noted that on the issue of indemnity, they would indemnify cities with regard to challenges to the face of the ordinance, but not for improper procedures in adoption of the Ordinance; she indicated that staff would ultimately hope for a broader provision in this area. She further indicated that with regard to the recovery of administrative costs, WRCOG feels those costs would be nominal and the Page Five - City Council Minutes - Apri122, 2003 cities would not be entitled to deductions to cover those costs. She indicated with regard to the definition of low income, staff had requested the inclusion of "moderate" income housing to coincide with the Redevelopment Agency requirements. She advised that the WRCOG staff had no strong feelings on this matter, but the plan was conceived to be consistent with the CVAG TUMF program. Councilwoman Kelley noted that there had been numerous Study Sessions and discussions on this item and it had been whittled down to seven major concerns. She agreed that she could live with the current situation, knowing that there would be a two year comprehensive review. She indicated that she felt it was possible to move forward, but expressed discomfort with item three with regard to liability factors. She commented that the process offered very few choices in the matter; and of the two bad choices it was necessary to take the best option. She indicated that she could support this approval if item three was dealt with and there was the opportunity to refocus the program in 2005. She noted that the fees would not be collected for a while, so there was still some time to work with it; but stressed that she was not happy about this decision. Councilman Buckley commented that the rider was sent to WRCOG with the ordinance. He indicated that with regard to the indemnity agreement, he agreed with the rest of the Council that it needed to be as strong as possible; but expressed understanding that if a city made a mistake with the noticing it would not be WRCOG's responsibility. He suggested that the recent splitting of passage of the ordinance and the application of the ordinance did not make sense; noting that they were one in the same and should be defended by WRCOG. He indicated that the ne~ WRCOG meeting would be on May 5`t` and they would be discussing the administrative plan; and he indicated that he would be forcefully bringing the issues to the rest of the executive board. Mayor Brinley concurred with Councilwoman Kelley, that the Council did Page Six - City Council Minutes -Apri122, 2003 not have much of a choice; because at best, some things were e~remely ambiguous, and she would like to have it tightened down further. She noted particular concern for the RDA issues; and suggested that there might be issues if a low income builder can't afford to pay the TIJMF fees and make the housing affordable. She indicated that she wished there was more time to avoid the loopholes. She indicated that she wanted to go on record as saying that she would vote far the ordinance, subject to the indemnification being returned to her satisfaction; and if not, she would be requesting that the ordinance be placed on the agenda for reconsideration to protect the City from legal issues. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY TO ADOPT ORDINANCE N0.1096, UPON SECOND READING BY TITLE ONLY, BASED ON THE BELIEF TFIAT WRCOG WOULD MAKE THE ADJUSTMENTS IN THE INDEMNIFICATION TO A COMFORT LEVEL, AND THE OTHER ITEMS IN PLACE UNTIL THE TWO YEAR REVIEW. IT WAS ALSO STATED WITH THE APPROVAL THAT IF THE COUNCIL WAS NOT COMFORTABLE, THEY WOULD RECONSIDER THE ORDINANCE. City Attorney Leibold clarified the seven issues and noted that the information provided was based on the staff response, and it was her understanding that the issues would be presented to the Executive Committee. Mayor Pro Tem Schiffner noted that regarding the zones, he would want it changed to require a unanimous decision to use money outside the zone. ORDINANCE N0.1096 AN ORDINANCE OF THE CITY OF LAKE ELSINORE AUTHORIZING PARTICIPATION IN THE WESTERN RIVERSIDE COUNTY TRANSPORTATION UNIFORM MTTIGATION FEE Page Seven - City Council Minutes -Apri122, 2003 PROGRAM AND ADDING CHAPTER 16.83 TO THE LAKE ELSINORE MUNICIPAL CODE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: HICKMAN ABSTAIN: COUNCILMEMBERS: NONE 32. Budget Appropriation for Information Technolog Consultin~ Services. (F:65.1)(X:30.1) City Manager Watenpaugh noted that this request was to address one of the major items from the Hayhurst Study. He indicated that it was a very expensive item, which would be phased in later. He noted that staff had provided an addendum for a lesser cost. Information/Communications Manager Dennis explained this request and noted that the Council had previously issued an RFP, which received responses from seven companies. He further explained that a short list of three companies had been determined, and based on an earlier meeting, a lower appropriation was being requested. He suggested that the Council autharize the City Manager to formalize the agreement. He indicated that it would take about 10 weeks to complete the project, which would give recommendations for the next three budget years. Councilwoman Kelley commented that technology was one issue that the study highlighted as needing upgrades, and indicated that she had no problem with this item. Page Eight - City Council Minutes - April 22, 20003 Mayor Pro Tem Schiffner noted that technology was very necessary and long overdue; and suggested that the costs of the study and the technology upgrades would come back many times over through productivity increases. Councilman Buckley noted for the public, that this item was for $42,000 and would set out a time frame, road map and system concepts to find the best new system for the City. He noted that the City had issues with its mish- mash of technology and significant upgrades were needed. He questioned the timing for the study. Mr. Dennis indicated that it would be done in about 10 weeks. Councilman Buckley questioned the final Hayhurst Report. City Manager Watenpaugh anticipated completion in the ne~ couple of weeks. Mayor Brinley commented that as the Hayhurst Study pointed out, the system was lacking and needed updating. She indicated that this would help improve recordkeeping and she had no problem with the recommendation. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROPRIATE $42,000 FROM THE GENERAL FUND AND AUTHORIZE THE CITY MANAGER TO FINALIZE THE SCOPE OF THE WORK AND NEGOTIATE A PROFESSIONAL SERVICES AGREEMENT FOR THE ENTERPRISE SYSTEM REPLACEMENT AND INFORMATION SYSTEMS INTEGRATION PLAN. 33. Industrial Project No. 2002-OS "Empire Self-Storage". (F:86.2) City Manager Watenpaugh introduced this item and noted the concept elevations for the project. Community Development Director Brady advised that this was the design review for a self-storage project on a three acre parcel of land, and noted the location. He indicated that they were proposing a facility with an on-site caretaker unit, and about 454 units of various sizes. He noted that the Page Nine - City Council Minutes -Apri122, 2003 applicant had made a significant effort to design the building so it did not appear to be a self-storage facility. He fiirther noted the use of stone cornices, accent bands, color variation and landscaping. He advised that the facility would provide 71,290 square feet of building area. Councilman Buckley commented that the design of the project was quite nice, and they did a good job of making a self-storage lot look decent. He indicated that he had no problems with the project, and noted that it would next to the ne~ project on the agenda. He noted an issue discussed earlier regarding the realignment of Collier Avenue, and stressed the need for a final and permanent realignment. He suggested that this was a good example of why it was important to look at the general plan again, to ensure that the property owners were not asked to dedicate more right of way than was needed. He stressed the need to be fair to the developers and review the general plan. Councilwoman Kelley commented that the project was nicely designed and nice looking. She indicated that she had no problem with the building, but agreed that it was time to look at the transportation element and the entire general plan, in the near future, if possible. She agreed that Collier was a main thoroughfare, and it needed to be all one width which is reasonable. Mayor Pro Tem Schiffner indicated that this project had been thoroughly reviewed and a lot of work had been done with the developer to establish the aesthetics. He commented that it was approved by the Planning Commission and there was no reason to disagree with the approval. He noted that they were all aware of the need to look at the general plan which would resolve some of the issues mentioned. Mayor Brinley indicated that the project was nice looking and an asset for the location. She noted that the Planning Commission had spent a lot of time on parking issues for both projects on this agenda, and they had spent time making adjustments. She commended the Planning Commission on a good Page Ten - City Council Minutes - Apri122, 2003 project. She concurred with the need to address Collier Avenue and the General Plan. City Manager Watenpaugh commented the Planning Commission on this project, and noted that Commissioners LaPere and Uhlry could carry those commendations back to the Planning Commission. MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE DESIGN REVIEW OF INDUSTRIAL PROJECT NO. 2002-OS FOR THE CONSTRUCTION OF A 71.290 SQUARE FOOT SELF STORAGE FACILITY BASED ON THE RECOMMENDED FINDINGS, EXHIBITS "A" THRU "F" AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: Findings The project, as approved, will comply with the goals and objectives of the intended General Plan and the Zoning District in which the project vs~ill be located. 2. The project complies with the design directives contained in Seciton 17.82.060 and all other applicable provisions of the Municipal Code 3. Conditions and safeguards pursuant to section 17.82.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to insure development of the property in accordance with the objectives of this Chapter and the planning district in which the site is located. CONDITIONS OF APPROVAL FOR INDUSTRIAL PROJECT NO. 2002-05 AND CONDITIONAL USE PERMIT NO. 2002-08 - EMPIRE SELF MINI- STORAGE FACILITY Page Eleven - City Council Minutes - April 22, 2003 PLANNING DIVISION (Note: Fees listed in the Conditions of Approval are the best estimates available at the time of approval. The exact fee amounts will be reviewed at the time of building permit issuance and may be revised.) 1. Design Review approval for Industrial Project No. 2002-OS and Conditional Use Permit No. 2002-08 will lapse and be void unless building permits are issued within one (1) year of City Council approval. An extension of time, up to one (1) year per extension, may be granted by the Community Development Director prior to the expiration of the initial Design Review approval upon application by the developer one (1) month prior to expiration. 2. Conditions of approval shall be reproduced on page one of building plans prior to their acceptance by the Building Division. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 3. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 4. Proposed living quarters shall be restricted for use only associated with persons caring for the self storage facility. 5. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any roof mounted central swamp coolers shall also be screened, and the Community Development Director, prior to issuance of building permit shall approve screening plan. Page Twelve - City Council Minutes - Apri122, 2003 6. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 7. All eaterior 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. The light fixture proposed is to match the architecture of the building. 8. The Planning Division shall approve construction trailers utilized during construction. All construction trailers shall require a$1,000.00 cash bond for each. 9. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart 10. All exterior downspouts shall be painted to match the building color. 11. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Director or designee. 12. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 13. Prior to issuance of building permits, applicant shall provide assurance that all requirements and Conditions of Approval of the Riverside County Fire Department have been met. 14. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. 15. The Community Development Director or designee shall approve any signage in compliance with the Zoning Code. Page Thirteen - City Council Minutes -Apri122, 2003 16. Prior to issuance of building permits, applicant shall provide a soils report for approval by the Engineering Division. 17. Priar to issuance of any grading permit ar building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 18. The final landscaping/irrigation plan is to be reviewed and approved bythe City's Landscape Architect Consultant and the Community Development Director or Designee, prior to issuance of building permit. A Landscape Plan Check Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%). a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of ~ drip and conventional irrigation methods. b) Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of forty feet (40) apart and at least twenty- four-inch (24") box in size. c) All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. d) Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. fl Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping Page Fourteen - City Council Minutes - Apri122, 2003 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 100% for material and labor for two years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance by the Landscape Consultant and Community Development Director or Designee i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. j) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. ENGINEERING DIVISION 19. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 20. Dedicate an approximately 40 foot wide strip of land along the frontage of Collier Avenue for a 100 foot street right-of-way to the City prior to issuance of Page Fifteen - City Council Minutes -April 22, 2003 the building permit. 21. Provide in-lieu payment for future public improvements on Collier Avenue prior to building permit (Res. 86-35). In-lieu fee is $25,941. 22. Public right-of-way dedications shall be prepared by the applicant or his agent. Deeds shall be submitted to the Engineering Division for review and approval prior to issuance of building permit. 23. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Res. 85-26). The traffic mitigation fee is $61,617 and the drainage fee is $14,245. 24. Submit a"Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to applying for a building permit. 25. Construct all public works improvements on Minthorn Street per approved street plans (LEMC Title 12). Plans must be approved and signed by the City Engineer prior to issuance of building permit (LEMC 1634). 26. Street improvement plans and specifications shall be prepared by a Calif. Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 27. The applicant shall furnish a signing and striping plan for Collier Avenue and Minthorn Street, subject to the approval of the City Engineer. 28. Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off-site public works improvements (LEMC12.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. Page Sixteen - City Council Minutes -April 22, 2003 29. The applicant shall obtain any necessary Caltrans permits and meet all Caltrans requirements. 30. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" mylar) shall be submitted to the Engineering Division before final inspection of off-site improvements will be scheduled and approved. 31. The applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to grading permit issuance. 32. Apply and obtain a grading permit with appropriate security priar to building permit issuance. A grading plan signed and stamped by a Cali£ Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. 33. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 34. Provide fire protection facilities as required in writing by Riverside County Fire. 35. Provide street lighting, show lighting improvements on street improvement plans, as required by the City Engineer. 36. On-site drainage shall be conveyed to a public facility ar accepted by adjacent property owners by a letter of drainage acceptance or conveyedto a drainage easement. 37. All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 38. Roof and yard drains will not be allowed to outlet through cuts in the street Page Seventeen - City Council Minutes -April 22, 2003 curb. Roofs should drain to a landscaped area whenever feasible. 39. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 40. Meet all requirements of LEMC 15.68 regarding floodplain management. The site is in Flood Zone AE and the building pads must be at or above an elevation of 1270 feet. No buildings can be constructed in the floodway. 41. The applicant to provide FEMA elevation certificates prior to certificate of occupancies 42. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for building maintenance and outdoor starage. 43. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 44.In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 34. Industrial Project No. 2002-06 "P & M Land Ventures". (F:86.2) Page Eighteen - City Council Minutes -April 22, 2003 City Manager Watenpaugh noted that there were issues on this project similar to the last one. Community Development Directar Brady noted that this applicant was the same as far the last project discussed and the projects were being processed together. He noted that the design was critical on this project, and the applicant worked with staff and the Planning Commission, on the elevation facility Minthorn and Collier. He noted that this was a 1.72 acre parcel, and would include a tilt-up concrete building with enhanced elevations to match the storage facility. He advised that a Conditional Use Permit was also considered on this project for outside storage and a variance to the parking requirements. He explained that the Planning Commission analyzed the types of use and approved the variance far parking. Councilwoman Kelley questioned the parking, and staff's recommendation if additional parking was needed. Community Development Director Brady explained that if additional parking was needed, the outdoor storage would go. Mayor Pro Tem Schiffner noted the questions regarding the right of way issue and noted that since the new plan was not known and the decision might not be in accardance with the new plan, the error should be in the direction of protecting too much right of way. He suggested that if it was decided after review that it was not necessary, the right of way could be returned for more parking. Councilman Buckley questioned the outdoor storage. Community Development Director Brady indicated that it could be trucks, equipment and materials; and clarified that they would be fairly well screened with buildings and a wall. He stressed that there would be very little access or view into the storage area. Councilman Buckley requested clarification that there would be walls, not fences. Mr. Brady clarified the configuration. Page Nineteen - City Council Minutes - April 22, 2003 Councilman Buckley indicated that the project looked nice and was fine with him. Mayor Brinley noted the presence of Planning Commissioners and requested their comments. Planning Commissioner LaPere indicated that after careful review of both projects, if two more spaces were needed for parking, the storage would be removed. He commented that they were hedging their bets in order to project what was necessary for parking for both facilities. He indicated that he felt they deserved the opportunity to make the project work, after their cooperative efforts. MOVED BY KELLEY, SECONDED BY BUCKLEY AND CARRIED BY UNANIlVIOUS VOTE OF THOSE PRESENT TO APPROVE DESIGN REVIEW OF INDUSTRIAL PROJECT NO. 2002-06 FOR THE CONSTRUCTION OF TWO WAREHOUSE BUILDINGS TOTALING APPROXIMATELY 27,120 SQUARE FEET, BASED ON THE FOLLOWING FINDINGS, EXHIBITS "A" THRU "G", AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: Findin~s The project, as approved, will comply with the goals and objectives of the intended General Plan and the Zoning District in which the project will be located. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code 3. Conditions and safeguards pursuant to Section 17.82.070, including guarantees and evidence of compliance with conditions, have been Page Twenty - City Couucil Minutes - Apri122, 2003 incorporated into the approval of the subject project to insure development of the property in accordance with the objectives of this Chapter and the planning district in which the site is located. CONDITIONS OF APPROVAL FOR INDUSTRIAL PROJECT NO. 2002- 06, VARIANCE NO. 2002-02, AND CONDITIONAL USE PERMIT NO. 2003-O1- P&M LAND VENTURES PLANNING DIVISION (Note: Fees listed in the Conditions ofApproval are the best estimates available at the time of approval. The exact fee amounts will be reviewed at the time of building permit issuance and may be revised.) 1. Design Review approval for Industrial Project No. 2002-06, Variance No. 2003- 02, and Conditional Use Permit No. 2002-08 will lapse and be void unless building permits are issued within one (1) year of City Council approval. An extension of time, up to one (1) year per extension, may be granted by the Community Development Director prior to the e~iration of the initial Design Review approval upon application by the developer one (1) month prior to expiration. 2. Conditions of approval shall be reproduced on page one of building plans prior to their acceptance by the Building Division. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 3. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council tl~rough subsequent action. Page Twenty-One - City Council Minutes - Apri122, 2003 4. Should parking become a problem as determined by the Community Development Director, the applicant agrees to eliminate the outdoor storage rendering the CUP application subject to revocation. The storage areas in the rear will be eliminated as needed to provide additional parking spaces as determined necessary and subject to the approval of the Community Development Director or designee. (added by Planning Commission) 5. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any roof mounted similar cooling units shall also be screened, and the Community Development Director, prior to issuance of building permit shall approve screening plan. 6. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 7. All eaterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets ar allow illumination above the horizontal plane of the fixture. The light fixture proposed is to match the architecture of the building. 8. The Planning Division shall approve construction trailers utilized during construction. All construction trailers shall require a$1,000.00 cash bond for each. 9. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart 10. All exterior downspouts shall be painted to match the building color. 11. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Directar or designee. Page T`wenty-Two - City Council Minutes - Apri122, 2003 12. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 13. Prior to issuance of building permits, applicant shall provide assurance that all requirements and Conditions of Approval of the Riverside County Fire Department have been met. 14. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. 15. The Community Development Director or designee shall approve any signage in compliance with the Zoning Code. 16. Prior to issuance of building permits, applicant shall provide a soils report for approval by the Engineering Division. 17. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 18. The final landscaping/irrigation plan is to be reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or Designee, prior to issuance of building permit. A Landscape Plan Check Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%). a. All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b. Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of forty feet (40) apart and at least twenty-four-inch (24") box in size. Page T~venty-Three - City Council Minutes -Apri122, 2003 c. All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. d. Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). e. Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. £ 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 100% for material and labor for two years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance by the Landscape Consultant and Community Development Director ar Designee i. All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. j. Final landscape plan must be consistent with approved site plan. k. Final landscape plans to include planting and irrigation details. Page Twenty-Four - City Council Minutes - April 22, 2003 ENGINEERING DIVISION 19. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) priorto building permit. 20. Dedicate an approximately 40 ft. wide strip of land along the frontage of Collier Ave. for a 100 ft. street right-of-way to the City prior to issuance of the building permit. 21. Provide in-lieu payment far future public improvements on Collier Ave. prior to building permit (Res. 86-35). In-lieu fee is $14,455. 22. Public right-of-way dedications shall be prepared by the applicant or his agent. Deeds shall be submitted to the Engineering Division for review and approval prior to issuance of building permit. 23. Pay all Capital Improvement and Plan Check fees (LEMC 1634, Res. 85-26). The traffic mitigation is $19,290 and the drainage fee is $7,000. 24. Submit a"Will Serve° letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to applying for a building permit. 25. Construct all public works improvements for Minthorn St. per approved street plans (LEMC Title 12). Plans must be approved and signed by the City Engineer prior to issuance of building permit (LEMC 1634). 26. Street improvement plans and specifications shall be prepared by a Calif. Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). Page Twenty-Five - City Council Minutes - April 22, 2003 27. The applicant shall furnish a signing and striping plan for Collier Ave. and Minthorn Street, subject to the approval of the City Engineer. 28. Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off-site public works improvements (LEMC12.08, Res.83-78). All fees and requirements for an encroaclunent permit shall be fulfilled befare Certificate of Occupancy. 29. The applicant shall obtain any necessary Caltrans permits and meet all Caltrans requirements. 30. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" mylar) shall be submitted to the Engineering Division before final inspection of off-site improvements will be scheduled and approved. 31. The applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to grading permit issuance. 32. Apply and obtain a grading permit with appropriate security prior to building perxnit issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards ar the e~sting flow pattern is substantially modified as determined by the City Engineer. 33. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 34. Provide fire protection facilities as required in writing by Riverside County Fire. 35. Provide street lighting, show lighting improvements on street improvement plans, as required by the City Engineer. Page Twenty-Six - City Council Minutes - Apri122, 2003 36. On-site drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 37. All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 38. Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roofs should drain to a landscaped area whenever feasible. 39. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 40. Meet all requirements of LEMC 15.68 regarding floodplain management. The site is in Flood Zone AE and the building pads must be at or above an elevation of 1270 feet. No buildings can be constructed in the floodway. 41. The applicant to provide FEMA elevation certificates prior to certificate of occupancies 42. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for building maintenance and outdoor storage. 43. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. Page 'I~venty-Seven - City Council Minutes - Apri122, 2003 44.In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 35. McVicker Park Fire Station Change Order Number Four and Notice of Completion. (F:127.3) City Manager Watenpaugh noted that this was the final change order and notice of completion for the Fire Station. Community Development Director Brady detailed the final change arder and noted the increased costs for grading, dirt hauling, etc. due to the site issues. Mayor Pro Tem Schiffner noted that there was some question as to the money to be reimbursed and questioned where it would go and why. Community Development Directar Brady indicated that the reimbursement would go back into the General Fund, as the City paid the cost to put the road in. Councilwoman Kelley indicated that she had no problem with this item. Councilman Buckley noted the original cost vs. the end cost. Community Development Director Brady clarified the costs. Councilman Buckley noted that the excess costs were due almost totally to the site problems. Mr. Brady indicated that there were also costs for outfitting the station with furniture and appliances, and filling the gas tanks. Councilman Buckley noted that Councilman Hickman was absent, but would want to be assured that the sub- contractors had been paid. Community Development Director Brady clarified the retention in the escrow account, so no subs would be waiting for their retention and calling far their money. He further noted that this filing Page Twenty-Eight - City Council Minutes - April 22, 2003 would give subs the opportunity to make a claim or file a stop notice. Councilman Buckley clarified that the contractor would be responsible, not the City. Mr. Brady confirmed. Mayor Brinley commented that she was glad to see the project finishing up, and had no problems with it. MOVED BY SCffiFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ALLOCATE THE REMAINING $300,000 OF THE FIRE STATION TRUST FUND FOR COSTS ASSOCIATED WITH THE MCVICKER PARK FIRE STATION; AND AUTHORIZED THE MAYOR TO SIGN THE NOTICE OF COMPLETION AND DIRECTED THE CITY CLERK TO HAVE THE NOTICE OF COMPLETION RECORDED. THE CITY COUNCIL MEETING WAS RECESSED AT 7:55 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:04 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Ken Seumalo, 598 Parkview Drive, thanked the Council far the construction of signal lights at Collier/Central and Central/riverside, noting that it was a big improvement on State Route 74. Ruth Atkins, representing the Women's Club, complimented the Community Services Manager and staff on a wonderful Children's Fair last Saturday at McVicker Park. 5he expressed hopes that this event would continue. She announced the Historical Society Fashion Show and Tea for Mothers Day and detailed the times and ticket information far the event. Toni Perrone, 40676 Geyser Street, Murrieta, announced an open house at the Town Hall Genealogical Society on Apri128`h at the Temecula Library. She Page Twenty-Nine - City Council Minutes -April 22, 2003 indicated that they would have tables set up for people to learn about Genealogy and on how to get more information. She further indicated that they would have speakers from the National Archives and the Murrieta Family History Center and several Genealogists. She reiterated that the event would be held on Apri128~' from 5:45 to 8:45 p.m. Bill Linebrook, 29444 Kalina Avenue in Country Club Heights, expressed concern with an apparent zoning change in his neighborhood with pre-fabricated homes. He noted that when he bought his home five years ago there weren't any, and he looked hard and long to find a neighborhood with palm trees and diverse homes. He indicated that he saw a lot of potential in Country Club Heights, and noted past comments by the Council that it could be the "Palos Verdes" of the area. He noted that there were no pre-fab homes in Palos Verdes, but there were now three in his area. He expressed concern that his property values were falling in his neighborhood, and noted that concerns were growing in his neighborhood. He reiterated his question as to whey the zoning was changed and what could be done to stop the blight. He requested a moratorium until the neighborhood found out what was going on. Mayor Brinley suggested that Mr. Linebrook meet with staff and explain the issues. City Manager Watenpaugh indicated he was not aware of zone change, but pre-fab homes were allowed in single-family areas. Mayor Brinley requested that staff address the issues with Mr. Linebrook. Peter Caruso, 18550 Timberline, indicated that he was on the Mayor's Prayer Breakfast Committee, and extended an invitation to the community. He commented that he loved his Country and the City, and read histarical information on God's presence in Washington, D.C. proceedings. He clarified the proper place of God in the society and noted that all sessions of the House and Senate start with prayer. He suggested that removal of God from the country would destroy it. Lt. Col. Paula Graver, 218 Ellis Street, read an e-mail received from a fellow soldier, entitled "The Best, The Worst and The UgliesY'. She reminded the community about the Rally on Apri126~` from 10 a.m. to 3 p.m. at the Carl's Jr. on Page Thirty - City Council Minutes - Apri122, 2003 Casino Drive. She requested consideration of a parade for the local troops or a special float in the July 4"' parade. CITY MANAGER COMMENTS No Comments. CITY ATTORNEY COMMENTS City Attorney Leibold noted that there was no Closed Session, and she had no additional comments. COMMITTEE REPORTS No Reports. CITY COUNCIL COMMENTS Councilwoman Kelley commented on the following: 1) Noted for Ms. Graver that there was no City sponsored July 4`~' parade, however, there would be July 4th festivities at the Diamond this year. She suggested that this might be a good time to introduce the local troops. City Manager Watenpaugh suggested that there might be a way to cooperate with the Storm and make the event extra special on July 4~' Mayor Pro Tem Schiffner commented on the following: 1) Noted that the only parade in town is the Unity in the Community parade, sponsored by the School District; and suggested that they would like to have troop representation at that time. Page Thirty-One - City Council Minutes - Apri122, 2003 2) Suggested that he did not believe that the City could afford to lead the fight for prayers at public meetings. He noted that some had suggested that the City could make a name for itself by carrying the fight. City Attorney Leibold noted that the City had joined an Amicas filing with the City of Burbank case; and the Supreme Court had been requested to review the case. Councilman Buckley commented on the following: 1) Noted letters from Mayor Brinley to Washington regarding the Post Office, and stressed the current problems at the Lake Elsinore Post Office. He suggested consideration of an official resolution at the next City Council Meeting. 2) Addressed Mr. Limebrook and explained that it was not legally possible to ban manufactured homes, however the City was in the process of warking on the zoning overlay district for Country Club Heights. He indicated that one of the key components in the district would be a public meeting with the residents; while consideration would be given to stricter design standards. He suggested leaving contact information with staff and suggested that Mr. Limebrook would be pleased with the final outcome. Mayor Brinley commented on the following: 1) Addressed Councilman Buckley regarding her discussion with Congressman Issa on the Post Office. She explained that they were not building new officer, but were leaning toward refurbishing and relocating. She indicated that she had requested that staff set up a meeting for her with the Postmaster to review the issues, so the Postmaster can make the official request. 2) Announced the following upcoming events: Page Thirty-Two - City Council Minutes - Apri122, 2003 Women's Club Flower Show-Apri125"' and 26`}` Downtown Cruise Night -Apri126t'', from 3:30 to 8 p.m. Lake Elsinore Support our Troops Rally on Apri126'~' at Diamond Drive/Auto Center Drive Mayor's Prayer Breakfast & National Day of Prayer -May ls` Hot Wheels and Hot Boats -May 2-4, at the Recreation Area Chamber of Commerce Golf Tournament -May 2"a Household Hazardous Waste Collection -May 3`a City-Wide Clean up at the Stadium Parking Lot -May 3`d from 9 a.m. to 2 p.m. (open to City residents only) Open Air Market - May 4"', Downtown from 8 a.m. to 3 p.m. Historical Society Fashion Show and Tea -May 9'~' and 10`h ABATE Motorcycle Ralley -May 9 -11`n Ticket to Ride Safety Expo at the Outlet Center -May 10`h She encouraged the community to report the names of local enlisted personnel to City Hall, so they could be recognized as part of the National Day of Prayer Mayor's Prayer Breakfast. ADJOURNMENT MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE REGULAR CITY COUNCIL MEET~ALG AT 8:30 P.M. AT ST: ~ j~C.e~o~t VICHI KASAD, CMC, CITY OF LAKE ELSINORE CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE