HomeMy WebLinkAbout09-25-2001 City Council MinutesREGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, SEPTEMBER 25, 2001
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CALL TO ORDER
The Regular City Council Meeting was called to order by Mayor Schiffner at 5:02
p.m.
ROLI, CALL
PRESENT: COUNCILMEMBERS: KELLEY, METZE,
PAPE, SCHIFFNER
ABSENT: COUNCILMEMBERS: BRINLEY
Also present were: City Manager Watenpaugh, Assistant City Manager Best,
City Attorney Leibold, Administrative Services Director Boone, Recreation &
Tourism Manager Edelbrock, Community Development Director Brady,
Information/Communications Manager Dennis and Deputy City Clerk
Paredes.
CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL--EXISTING
LITIGATION (Subdivision (a) of Gov't Code §54956.9) City of Lake
Elsinore v. Elsinare Valley Municipal Water District
(Riverside Superior Court Case # 35961) (F:52.2)(X:40.1)
B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't
Code §54956.8)
' Property: 32040 Riverside Drive - Lake Elsinore Campground
PAGE TWO - CITY COiTNCIL MINUTES - SEPTEMBER 25, 2001
Negotiating parties: Sunland Resorts and the City of Lake Elsinore
Under negotiation: price and terms of payment (F:40.1)
C. CONFERENCE WITH LEGAL COUNSEL--EXISTING
LITIGATION (Subdivision (a) of Gov't Code §54956.9)
City of Lake Elsinore, Redevelopment Agency of the City of Lake Elsinore
v. Diamond Sports & Entertainment LLC et al (Riverside Co. Superior
Court Case #356131) (F:40.1)(X:134.10)
D. CONFERENCE WITH LEGAL COUNSEL--EXISTING
LITIGATION (Subdivision (a) of Gov't Code §54956.9) Liberty
Founders LLC v. City of Lake Elsinore, et al (Riverside Co. Superior Court
Case #355890) (F:52.2)(X:40.1)
City Attorney Leibold announced the Closed Session Items as listed above.
THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO
CLOSED SESSION AT 5:05 P.M.
The Closed Session discussion was concluded at 6:55 p.m.
RECONVENE PUBLIC SESSION (7:00 p.m.~
Mayor Schiffner reconvened the Regular City Council Meeting in Public Session
at 7:00 p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilman Pape.
PAGE THREE - CITY COiTNCIL MINUTES - SEPTEMBER 25, 2001
INVOCATION
The Invocation was provided by Pastor Pete Van Dyke, representing Canyon Lake
Community Church.
ROLL CALL
PRESENT: COUNCILMEMBERS: KELLEY, METZE, PAPE,
SCHIFFNER
ABSENT: COUNCILMEMBERS: BRINLEY
Also present were: City Manager Watenpaugh, Assistant City Manager Best,
City Attorney Leibold, Administrative Services Director Boone, Community
Development Director Brady, City Engineer O'Donnell, Information/
Communications Manager Dennis, Police Sgt. Lopotosky, Recreation &
Tourism Manager Edelbrock, City Treasurer Ferro and City CIerWHuman
Resources Director Kasad.
PRESENTATIONS
a. Proclamation - Eagle Scout Tvler Eisenhauer. (F: 56.1)
Mayor Schiffner read and presented the Proclamation to Tyler Eisenhauer,
noting his accomplishments in achieving the Eagle Scout designation.
Tyler encouraged others in the community to participate in scouting and
strive for the Eagle Scout designation. He stressed that it would be
advantageous for the future.
PUBLIC COMMENTS - AGENDIZED ITEMS
None Requested.
PAGE FOUR - CITY COiTNCIL MINUTES - SEPTEMBER 26, 2001
CONSENT CALENDAR ITEMS
MOVED BY KELLEY, SECONDED BY PAPE AND CARRIED BY
' ~JNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE
CONSENT CALENDAR AS PRESENTED.
l. The following Minutes were approved:
a. Joint Study Session - September 10, 2001.
b. Regular City Council Meeting - September 10, 2001. (F:44.4)
The following Minutes were received and ordered filed:
c. Planning Commission Meeting - September 5, 2001. (F:60.3)
2. Ratified Warrant List for September 13, 2001. (F:12.3)
3. Received and ordered filed the Investment Report for July, 2001. (F:12.5)
4. Rejected and referred to Claims Administrator the Claims Against the City -
submitted by William J. King (CL #2001-27) and Jacqueline D. Checketts
(cL #ZOOi-as~. ~F:s2.a~
5. Approved Allocation of $20,000 for the construction of the third field
improvements at Swick/Matich Park to supplement the efforts of both Lake
Elsinore Little League and Lake Elsinore Girls Softball. (F:114.6)
6. Adopted Resolution No. 2001-40, approving Proposed Mid-Block School
Crosswalk for Tuscany Hills Elementary School. (F:162.2)
RESOLUTION NO. 2001-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PAGE FIVE - CITY COiTNCIL MINUTES - SEPTEMBER 25, 2001
LAKE ELSINORE ESTABLISHING A MID-BLOCK CROSSWALK.
7. Adopted Resolution No. 2001-41 establishing City-wide Speed Limits with
revisions for Dexter Avenue. (F:152.1)
RESOLUTION NO. 2001-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE DESIGNATING THE PRIMA FACIE SPEED LIMIT
FOR CERTAIN STREETS.
8. Approved C.D.B.G. Sponsor's Agreement for the Lake Elsinore Senior
Citizen's Center 2000-2001, and directed execution of the documents by the
appropriate representatives. (F:68.1)(X:84.2)
9. Approved Information Committee Recommendation for a 3-Year PC
Replacement Purchase, beginning with the purchase of ten OptiPlex PCs
from Dell Computer Corporation this fiscal year. (F:65.1)
10. Adopted Resolution No. 2001-42, Authorizing Application for Proposition
12 Grant Funds for filing of the Recreation Trails Program. (F:84.1)
RESOLUTION NO. 2001-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING THE APPLICATION FOR
GRANT FUNDS FROM THE RECREATIONAL TRAILS
PROGRAM.
11. Adopted Resolution No. 2001-43, Prohibiting Parking on Lincoln Street at
the Intersection of Flannery Street and the Driveways of the Lake Side
Apartments - Resolution No. 2001-43. (F:112.1)
PAGE SIX - CITY COUNCIL MINUTES - SEPTEMBER 25, 2001
RESOLUTION NO. 2001-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE ESTABLISHING NO PARKING ZONES ON CERTAIN
STREETS.
12. Approved Public Hearing Date of October 9, 2001 for the following:
a. TenYative Parcel Map 30187 - Cornerstone Group for a project
located at the corner of Chaney Avenue and Flint Street. (F:110.2)
PUBLIC HEARINGS
21. Negative Declaration No. 2001-02. Tentative Parcel Map No. 30254 and a
Conceptual Site Plan - Phase 2 Located on Collier Avenue and Crane Street
~APN 377-151-054~. (F:110.2)
Mayor Schiffner opened the public hearing at 7:10 p.m.
City Manager Watenpaugh introduced this item for consideration.
Community Development Director Brady explained the request for a 9.9
acre parcel of land to be divided into five parcels, and detailed the location
of the property. He presented a site plan showing the layout of the site
and noted that conceptual approval of the design review for the site plan
was also under consideration. He noted that the property was located in the
M-1 Industrial zone; and advised that the request had been reviewed and
approved by the Planning Commission on September 5, 2001. He further
noted that Item No. 31 of this agenda was the related design review
proposal; and clarified that each individual building would come back for
design review.
Mayor Schiffner requested those persons interested in this item to speak.
There were no requests to speak from the public.
Councilman Metze indicated that he had no questions on this item, and
indicated that he was glad to see more industrial development moving
forward.
Councilman Pape concurred that more industrial was good for the
community and would mean mare jobs. He noted that several industrial
buildings had been added in the last year and this was one more group.
Councilwoman Kelley concurred that this was a good project.
Mayor Schiffner also concurred, and stressed the need for this type of
construction and noted that Planning had thoroughly reviewed the project.
Mayor Schiffner closed the public hearing at 7:15 p.m.
MOVED BY KELLEY, SECONDED BY METZE AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT NEGATIVE
DECLARATION NO. 2001-02 AND APPROVE TENTATIVE PARCEL
MAP 30254 AND THE CONCEPTUAL SITE PLAN - PHASE 2; BASED ON
EXHIBITS'A' THRU'D', AND THE FOLLOWING FINDINGS; AND
SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL.
Findings
Negative Declaration No. 2001-02
1. Negative Declaration No. 2001-02 has been prepared, submitted and
reviewed in accordance with requirements of the California Environmental
Quality Act and the City's CEQA requirements. The report is complete and
adequate in it's evaluation of all environmental effects of the Tentative
PAGE EIGHT - CITY COi1NCIL MINUTES - SEPTEMBER 25, 2001
Parcel Map No. 30254 and associated discretionary approvals. Tentative
Parcel Map No. 30254 and associated discretionary approvals will not result
in any significant and unavoidable impacts.
2. The proposed applications will not have impacts that are individually
limited but cumulatively considerable. Given that project impacts are
insignificant, cumulative impacts are not foreseen.
3. The proposed applications do not have the potential to adversely affect
humans, either directly or indirectly.
Tentative Parcel Map 30254
1. The proposed subdivision, together with the provisions for its design and
improvements, is consistent with the General Plan and appropriate Zoning
District. The proposed subdivision is compatible with the objectives,
policies, general land uses and programs specified in the General Plan
(Government Code Section 66473.5).
2. The effects this project is likely to have upon the housing needs of the
region, the public service requirements of its residents and the available
fiscal and environmental resources have been considered and balanced.
3. The design of the subdivision provides to the greatest extent possible, for
future passive or natural hearing or cooling opportunities in the subdivision
(Government Code Section 66412.3).
Planning Division Conditions
1. Tentative Parcel Map No. 30254 will expire two (2) years from date of
approval unless within that period of time a final map has been filed with the
County Recorder, or an extension of time is granted by the City of Lake
Elsinore City Council in accordance with the Subdivision Map Act.
PAGE NINE - CITY COUNCIL MINUTES - SEPTEMBER 25, 2001
2. Tentative Parcel Map No. 30254 shall comply with the State of California
Subdivision Map Act and shall comply with all applicable requirements of the
Lake Elsinore Municipal Code, Title 16 unless modified by approved
Conditions of Approval.
3. The applicant shall defend (with counsel acceptable to the City), indemnify,
and hold harmless the City, its Official, Officers, Employees, and Agents
from any claim, action, or proceeding against the City, its Official, Officers,
Employees, or Agents to attach, set aside, void, or annul an approval of the
City, its advisory agencies, appeal boards, or legislative body concerning
TPM No. 30254, which action is bought within the time period provided for
in California Government Code Sections 65009 and/or 66499.37, and Public
Resources Code Section 21167. The City will promptly notify the Applicant
of any such claim, action, or proceeding against the City and will cooperate
fully with the defense. If the City fails to promptly notify the Applicant of
any such claim, or proceeding, the Applicant shall not, thereafter, be
responsible to defend, indemnify, or hold harmless the City.
4. Prior to final map approval of Tentative Parcel Map No. 30254, the
improvements specified herein and recommended approved by the Planning
Commission and approved by the City Council shall be installed, or
agreements for said improvements, shall be submitted to the City for approval
by the City Engineer, and all other stated conditions shall be complied with.
All uncompleted improvements must be bonded for as part of the agreements.
5. All of the improvements shall be designed by developer's Civil Engineer to
the specifications of the City of Lake Elsinore.
6. Applicant must meet all requirements of Elsinore Valley Municipal Water
District (EVMWD).
7. The applicant shall pay applicable fees and obtain proper clearance from the
Lake Elsinore Unified School District (LEUSD) prior to issuance of building
PAGE TEN - CITY COiTNCIL MINUTES - SEPTEMBER 25, 2001
permits.
8. Pay all applicable park fees in force at time of issuance of building permits.
9. The applicant shall provide connection to public sewer for each lot within the
subdivision prior to building permit. No service laterals shall cross adjacent
property lines and shall be delineated on engineering sewer plans and profiles
for submittal to the EVMWD.
10. Meet all requirements of the providing electric utility company.
11. Meet all requirements of the providing gas utility company.
12. Meet all requirements of the providing telephone utility company.
13. All trailers, mailboxes and signage used during construction shall be subject
to Planning Division review and approval prior to installation.
14. All development associated with this map requires separate Design Review
approval pursuant to Section 17.82 of the Lake Elsinore Municipal Code.
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.
16. Prior to building permit the applicant shall submit a Sign Program for the
entire complex. This Program shall include size, location and color restricts
for each building. The program shall include size, location and color for any
monuments signs.
16a. The applicant shall comply with the General Plan's maximum allowable
building area of 40%.
PAGE ELEVEN - CITY COUNCIL MINUTES - SEPTEMBER 25, 2001
Engineering Division Conditions
17. All Public Works requirements shall be complied with as a condition of
development as specified in the Lake Elsinore Municipal Code (LEMC) prior
to final map approval.
18. Pay all Capital Improvement and Plan Check fees (LEMC 1634, Resolution
85-26). Street Capital Improvement fee is approximately $11,700.
19. Submit a"Will Serve" letter to the City Engineering Division from the
applicable water agency stating that water and sewer arrangements have been
made for this project. Submit this letter prior to final map approval.
20. Dedicate a sufficient strip of land along Collier Ave. to provide for a 100 foot
R/W for Collier Ave. (50 foot half section). Dedicate a sufficient strip of land
along Crane Ave. to provide for a 60 foot R/W for Crane Ave. (30 foot half
section).
21. Construct all public works improvements per approved street plans (LEMC
12.04). Plans must be approved and signed by the City Engineer prior to final
map approval (LEMC 16.34).
22. Applicant shall be required to build half-street improvements on Third Street
along map boundary.
23. 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).
24. Applicant shall enter into an agreement with the City for the construction of
public works improvements and shall post the appropriate bonds prior to final
map approval.
PAGE TWELVE - CITY COUNCIL MINUTES - SEPTEMBER 25, 2001
25. Pay all fees and meet requirements of encroachment permit issued by the
Engineering Division for construction of public works improvements (LEMC
12.08 and Resolution 83-78).
26. All compaction reports, grade certifications, monument certifications (with tie
notes delineated on 8'/z" x 11" Mylar) shall be submitted to the Engineering
Division before final inspection of public works improvements will be
scheduled and approved.
27. Applicant shall obtain all necessary off-site easements for off-site grading
from the adjacent property owners prior to final map approval.
28. 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.
29. Provide fire protection facilities as required in writing by Riverside County
Fire.
30. Provide street lighting and show lighting improvements as part of street
improvement plans as required by the City Engineer.
31. Developer shall install blue reflective pavement markers in the street at all fire
hydrant locations.
32. Applicant shall submit a traffic control plan showing all traffic control
devices for the tract to be approved prior to final map approval. All traffic
control devices shall be installed prior to final inspection of public
improvements. This includes No Parking and Street Sweeping Signs for
streets within the tract.
33. All improvement plans and tract maps shall be digitized. At Certificate of
Occupancy applicant shall submit tapes and/or discs which are compatible
PAGE THIRTEEN - CITY COUNCIL MINUTES - SEPTEMBER 25, 2001
with City's ARC Info/GIS or developer to pay $300 per sheet for City
digitizing.
34. All utilities except electrical over 12 kv shall be placed underground, as
approved by the serving utility.
35. If grading exceeds 50 cubic yards, grading plans shall be prepared by a Calif.
Registered Civil Engineer and approved prior to grading permit issuance.
Prior to any grading, the applicant shall obtain a grading permit and post
appropriate security.
36. Provide soils, geology and seismic report including street design
recommendations. Provide final soils report showing compliance with
recommendations.
37. An Alquis-Priolo study shall be performed on the site to identify any hidden
earthquake faults and/or liquefaction zones present on-site.
38. Individual 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.
39. On-site drainage facilities located outside of road right-of-way should be
contained within drainage easements shown on the final map. A note should
be added to the final map stating: "Drainage easements shall be kept free of
buildings and obstructions".
40. All natural drainage traversing site shall be conveyed through the site, or shall
be collected and conveyed by a method approved by the City Engineer.
41. Meet all requirements of LEMC 15.64 regarding flood hazard regulations.
42. This site is in Flood Zone AO and the finish floor elevation must at least one
PAGE FOURTEEN - CITY COUNCIL MINUTES - SEPTEMBER 25, 2001
foot above the existing adjacent grade.
43. Applicant to provide FEMA elevation certificates prior to certificate of
' occupancies.
44. 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 caused by development of site and diversion of
drainage.
45. All drainage facilities in this tract shall be constructed to Riverside County
Flood Control District Standards.
46. Applicant shall obtain Riverside County Flood Control District approval for
outletting the storm drain system into the Third Street Channel prior to
grading permit.
47. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally
dumping in the drain system, the wording and stencil shall be approved by the
City Engineer. Grate drains in the parking lots are to be installed with a fossil
filter or approved equal to mitigate urban pollutants in the storm water runoff.
48. Roof and yard drains will not be allowed to outlet through cuts in the street
curb.
49. Ten (10) year storm runoff should be contained ~~vithin the curb and the 100
year storm runoff should be contained within the street right-of-way. When
either of these criteria are exceeded, drainage facilities should be installed.
50. A drainage acceptance letter will be necessary from the downstream property
owners for outletting the proposed stormwater run-off on private property.
51. Developer shall be subject to all Master Planned Drainage fees and will
PAGE FIFTEEN - CITY COUNCIL MINUTES - SEPTEMBER 25, 2001
receive credit for all Master Planned Drainage facilities constructed. Drainage
fees are approximately $60,180.
52. Applicant shall obtain approval from Santa Ana Regional Water Quality
Control Board for their storm water pollution prevention plan including
approval of erosion control for the grading plan prior to issuance of grading
permits. The applicant shall provide a SWPPP for post construction which
describes BMP's that will be implemented for the development and including
maintenance responsibilities.
53. Education guidelines and Best Management Practices (BMP) shall be
provided to residents of the development in the use of storage of material,
vehicle maintenance, 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.
54. Intersection site distance shall meet the design criteria of the CALTRANS
Design Manual (particular attention should be taken for intersections on the
inside of curves). If site distance can be obstructed, a special limited use
easement must be recorded to limit the slope, type of landscaping and wall
placement.
55. The southeasterly driveway on Collier Ave. shall be right turn in and right
turn out only.
56. All parcels shall have direct access to public right-of-way or be provided with
a minimum 30-foot ingress and egress easement to public right-of-way by
separate instrument or through map recordation.
57. Applicant shall cause to be recorded a CC&R which provides for irrevocable
reciprocal parking, circulation, loading and landscape maintenance in favor of
PAGE SIXTEEN - CITY COUNCIL MINUTES - SEPTEMBER 25, 2001
all lots subject to the approval of the director of Community Development &
the City Attorney. The CC& R shall enforce standards of building
maintenance, participation in landscape maintenance, prohibition of outside
vehicle or material storage.
58. Contribute $15,270 for the design and construction of one-half of a raised
landscaped median along the frontage of Collier Avenue.
59. Developer shall contribute $6,000 towards the design and construction of
traffic signals at the intersections of Collier Ave & Chaney Street and Collier
Ave. & Central Avenue. This development will increase traffic at the
intersection at least 2% and should contribute 2% towards construction.
60. 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.
31. Desi~n Review for Industrial Project No. I 2001-03 Located on Collier
Avenue and Crane Street (APN 377-151-054~. (F:86.2)
City Manager Watenpaugh introduced this item, noting that it was in
follow-up to item 21.
Community Development Director Brady explained that this was the design
review for the first meeting in the previous tract map. He noted the location
of the proposed building on the site, and advised that it would be a 33,900
square foot building. He indicated that the Planning Commission had
reviewed the project and recommended approval, in addition to approving a
Conditional Use Permit for the rear portion of the site. He advised that the
PAGE SEVENTEEN - CITY COUNCIL MINUTES - SEPTEMBER 25, 2001
building was being constructed for Foamworks and was unique because the
architectural design would reflect the creative nature of the company. He
stressed that it would be different from the flat tilt-up walls normally seen in
industrial areas. He explained that Foamworks would own this building and
move their business to this location; and noted that staff and the Planning
Commission had commended them for this design. He indicated that staff
would be encouraging this type of design as a base standard for this area of
the industrial park. He advised that the facility would include an outdoor
storage area with a 10-foot wall far screening. He further advised that they
would be supplying 73 parking spaces for the building, including three
handicap parking spaces. He noted that he had spoken with Councilman
Metze on some of the parking and handicap issues, and the suggestions will
be considered with regard to the orientation of those spaces. He reiterated
that each building within this parcel map would come back to the Council
for individual consideration.
Mayar Schiffner requested comments from the public on this item. There
were no requests to speak.
Councilman Metze noted Mr. Brady's comments regarding his concerns
with the wheelchair ramps and parking. He indicated that he requested that
staff look at keeping them side by side with a ramp and curb cut in the.
middle. He explained the potential for problems if they were separated. He
suggested making this type of configuration somewhat standard and
requiring at least two spaces. He also requested that staff watch the other
elevations of the buildings for appropriate enhancements.
Councilman Pape noted that this would be 34,000 square feet of new
industrial space in the industrial area and commented that the enhancements
would make the building especially attractive. He supported moving
forward with this project.
PAGE EIGHTEEN - CITY COUNCIL MINiTTES - SEPTEMBER 25, 2001
Councilwoman Kelley noted that she was familiar with Foamworks and
indicated that she was glad to see their business growing to require this new
facility. She indicated that she was also glad to see the enhancements
proposed for the building.
Mayor Schiffner indicated that everyone was excited to see a business doing
well and expanding in the City of Lake Elsinore.
MOVED BY METZE, SECONDED BY PAPE AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE DESIGN
REVIEW FOR INDUSTRIAL PROEJCT NO. I 2001-03 FOR AN
INDUSTRIAL BUILDING INCLUDING AN OUTDOOR STORAGE AREA
AND RELATED IMPROVEMENTS; BASED ON EXHBITS'A' THRU'E',
AND THE FOLLOWING FINDINGS, AND SUBJECT TO THE
FOLLOWING CONDITIONS OF APPROVAL:
FindinEs
Design Review
1. The project, as approved, will comply with the goals and objectives of the
General Plan and the Zoning District in which the project is located.
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
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.
PAGE NINETEEN - CITY COUNCIL MINUTES - SEPTEMBER 25, 2001
Planning Division Conditions
1. Design Review approval for Industrial Project No. I 2001-03 will lapse and be
void unless building permits are issued within one (1) year of City Council
approval. The Community Development Director may grant an extension of
time of up to one (1) year per extension, prior to the expiration of the initial
Design Review approval. Application for a time extension must be submitted
to the City of Lake Elsinore one (1) month prior to the expiration date.
2. Conditions of Approval shall be reproduced on page one of building plans
submitted to the Building Division for Plan Check. All Conditions of
Approval shall be met prior to the issuance of a Certificate of Occupancy and
release of utilities.
3. All site improve"ments 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. 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 including Collier Avenue. Any material covering the roof
equipment shall match the primary wall color.
5. All exterior 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. All light fixtures shall match the
architectural style of the building.
PAGE TWENTY - CITY COUNCIL MINUTES - SEPTEMBER 25, 2001
6. All loading zones shall be clearly marked with yellow striping and shall meet
City Standards for Type `C' loading zones (12' x 55').
7. Applicant shall meet ADA (Americans with Disabilities Act) requirements. A
minimum of three (3) handicap spaces are required.
8. A ten foot (10') decorative split-face masonry wall with pilasters at 40'
intervals shall be constructed around the outdoor storage area. Provide 2' x 2'
indentations to breakup the long expansive wall and provide for landscaping.
The indentations shall be placed at appro~mately 20' intervals, between the
pilasters. The applicant shall submit a plan for the wall and landscaping to be
review and approved by the Community Development Director or Designee.
The plan shall include method of maintenance.
The e~erior surface of the decorative wall shall be coated with an anti-graffiti
material. Ten foot (10') tall opaque gates shall be used at the entrances of the
outdoor storage area. If the material stored in the storage yard continual
exceeds 10' in height, the Community Development Director may require
additional screening or other solutions.
9. Trash enclosures shall be constructed per City standards as approved by the
Community Development Director. A 5' landscaped planter is required on
each side of the trash enclosure.
lO.No exterior roof ladders shall be permitted.
11.Applicant shall use roofing materials with Class "A" fire rating.
12.A11 e~cterior downspouts shall be painted to match with building e~erior color.
13.The Planning Division shall approve the location of any construction trailers
utilized during construction. All construction trailers shall require a cash bond
processed through the Planning Division.
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
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.
27.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.
PAGE TWENTY-FOUR-CITY COUNCIL MINUTES-SEPTEMBER 25, 2001
28.Prior to issuance of building permits, applicant shall provide assurance that all
required fees to the Lake Elsinore Unified School District have been paid.
29.Prior to issuance of building permits, applicant shall provide assurance that all
requirements of the Riverside County Fire Department have been met.
30.Prior to issuance of building permits, applicant shall pay park-in-lieu fee in
effect at time of building permit issuance.
Engineering Division Conditions
31.A11 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.
32.The project is subject to all applicable conditions of Tentative Parcel Map No.
30254 at appropriate development phase.
33.If Tentative Parcel Map 30254 is not finaled prior to the issuance of building
permit for Industrial Project No. 2001-03, the applicant shall be responsible for
all Conditions of Approval for Tentative Parcel Map 30254.
THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 7:20
P.M.
THE CITY COUNCIL MEETING RECONVENED AT 7:23 P.M.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS
Pete Dawson, 18010 Grand Avenue, provided the August, 2001 report for
LEMSAR, which included quite a few tows, one sheriff call out and one night
search. He noted that they were also on alert on September 11"', in case there was
a need. He also noted that fall was bringing new problems to the Lake, but
requested that the Council inform out-of-towners that the Lake is still viable and
PAGE TWENTY-FIVE - CITY COUNCIL MINUTES - SEPTEMBER 25, 2001
usable and the City needs the dollars. He expressed concern that only negative
information was getting out to the public.
Cku~is Hyland, 15191 Wavecrest, noted the recent Candidate Forum at Tuscany
Hills, and indicated that she was attacked for mud slinging. She suggested reading
a dictionary before making public accusations. She suggested that under
Councilman Pape's leadership there had been increased debt, more legal
settlements and failed morality in allowing drownings to continue in the Lake.
She suggested that Candidate Cheney was an "attack dog" to protect Councilman
Pape. She suggested that Councilman Pape's record was "indefensible"; but other
candidates are afraid of him. She suggested that residents consider his record in
making their decisions on who should be elected for the ne~ four years, and
commented that it would be best to replace him. She expressed concern with
°°mindless" 5-0 votes and encouraged residents to vote for her.
Bill Staples, 32941 Maiden Lane, Lakeland Village, read his letter to the editor,
which follows and was published in area newspapers:
To the People of Canyon Lake and Lake Elsinore:
There have been untrue statements spoken by people in local government
positions and in article in some local newspapers.
The facts are:
Lake Elsinore does not want drinking water from Canyon Lake - They only
want the last winters rain run off water that came into Canyon Lake form
the San Jacinto River and Salt Creek. A federal law and a court order gives
them a percentage of this water. The E.V.M. W.D. who controls the water in
Canyon Lake refused to obey this law and court order. That is why Lake
Elsinore is suing E.V.M.W.D.
Water in Canyon Lake is not drinking water until it has gone through a
purifying system, it is basically the same quality water as Lake Elsinore.
PAGE TWENTY-SIX-CITY COUNCIL MINUTES-SEPTEMBER 25, 2001
He noted that the area businesses are being impacted by the lack of water, and
suggested that six more inches of water will make the difference. He expressed
hopes that a lot of residents were watching this meeting and vowed to continue to
spread the word on this issue.
George Alongi, P. O. Box 901, indicated that he was disturbed when he read that a
candidate and Council person had indicated that a judge made a decision on
putting water in the Lake. He suggested that this was a difficult time for the
Council and the District, as both were interested in the Lake, but had different
agendas. He indicated that the'Council and the District should sit down and find a
permanent solution to putting water in the Lake. He suggested that in this
situation no one wins and it pulls the community further apart.
Tom Buckley, 106 S. Lowell, noted the Californian newspaper questions to
Candidates and the first responses published on September 22°d, regarding the
problems of the Lake. He noted Councilman Pape's response to the question
which addressed a preliminary injunction being issued. He suggested that the
inclusion of this falsehood was intentional, and questioned if anyone could
comment on the matter. He indicated that he was not broaching this issue for
personal reasons, but as a matter of clarification.
Bill Tucker, 740 Acacia, requested and observed a period of silence for the New
York victims. He then indicated that he didn't complain very often, but
expressed concern that the boat launch had been closed and the directional signs
were still in place. He commented that the fishing was still great, but the water
level was very low. He expressed hopes that more water would be supplied before
it begins to stink.
Leroy Tucker, 3532 Cherry Blossom, noted that he is frequently present to
complain, but indicated that he was present at this meeting to un-complain. He
commended the City for a great job on the Lake Street improvements. He noted
that when the striping is complete, it will be a great entrance to the City. He
further commented that he had been unable to attend the Candidate Forum, but it
PAGE TWENTY-SEVEN-CITY COUNCIL MINUTES-SEPTEMBER 25, 2001
was definitely election time based on the increased number of signs. He stressed
that if residents don't like something, this is the time to get out to vote and say yes
or no to the current situation. He noted that the Candidate Forum comments he
had heard did not address the empty businesses, such as K-Mart, the old Vons, the
old Sav-on, Hallmark, etc. He stressed the importance of the Council and
Candidates figuring out how to draw businesses and taxes in to the Community.
CITY 1VIANAGER COMMENTS
City Manager Watenpaugh commented on the following:
1) Indicated that he appreciated Bill Tucker's comments, and noted that
staff had been asked to remove the boat launch signs.
2) Noted that he was aware of the buildings mentioned by Leroy Tucker
and concurred that new businesses were needed to fill those
vacancies.
CITY ATTORNEY COMMENTS
City Attorney Leibold commented on the following:
1) Noted the Closed Session discussion items as listed on the agenda,
and indicated that all four were discussed, with no reportable action.
2) Clarified the status on the request for preliminary injunction, noting
that the hearing was originally set for August 315`; and the tentative
ruling was granted on the request, but the hearing was continued. She
further explained that the judge reiterated the tentative judgement and
took the item under submission, but there was no ruling or final order.
She stressed that this was a tentative ruling, but the City was awaiting
a final ruling. She commented that sne did not discuss candidate
responses.
PAGE TWENTY-EIGHT-CITY COUNCIL MINUTES-SEPTEMBER 25, 2001
3) Noted that it was nice to have Councilman Metze back at the table.
CITY COUNCIL COMMENTS
Councilman Metze had no comments.
Councilman Pape commented on the following:
1) Noted that work has begun on the Franklin Street/Canyon Estates,
and is planned to be open next month. He further noted that this
would be a bypass for the Diamond Drive/I-15 Interchange.
2) Announced that the Van's World Wakeboard Championships would
be taking place in the Inlet Channel this weekend. He noted that the
event would be open to the public and ESPN would be filming.
3) Noted that he attended the Student of the Month luncheon today on
behalf of the City Council. He expressed particular pride in this
responsibility, noting that his son Tim was one of this month's
recipients.
4) Noted that there had been several comments regarding the Lake and
water. He noted that a letter was sent to the City by the Water
District, but the newspapers were the first to receive it; reguesting
support for recycled water in the Lake, with no mention of quantities
under discussion. He indicated that staff inquired and found out that
they were looking at about 1,400 acre feet over a period of two years.
He commented that they were not willing to treat the water to reduce
the nutrient level; and the addition would add close to 70,000 pounds
of nutrients to the Lake. He noted that if the City did not agree, they
would not retrofit and pump from the island wells. He questioned
what recycled water had to do with the Fill and Operation Agreement,
and suggested that the wells were being held hostage, and expressed
PAGE TWENTY-NINE-CITY COUNCIL MINUTES-SEPTEMBER 25, 2001
frustration with the situation. He clarified that his comment in the
newspaper was exactly what the judge and attorney had said, however
it was misquoted, in that they left the word "preliminary" out of the
paper. He stressed that negotiations had been ongoing for 13 months
to get water in the Lake. He further stressed that he did not take the
litigation lightly, but he felt there was no alternative, and some kind
of action was necessary. He suggested that comments that "not one
drop of water will go in the Lake before the election" were
inappropriate. He stressed that the Council was trying to act as
custodians for the Lake, for the benefit to the community, and
stressed that the Council was only trying to protect it.
Councilwoman Kelley commented on the following:
1) Noted the amount of election rhetoric regarding the Council's
decisions; and suggested that it brings to heart what a great nation we
live in. She commented on the brutal awakening two weeks prior and
eapressed heartfelt condolences to those impact in New Yark. She
stressed that those events would forever impact and change the fabric
of the United States. She noted that she appreciated, more than ever,
the complaints received; and indicated that it was nice to be a
member of the nation and the Council who has an opportunity to
make decisions.
2) Welcomed Councilman Metze back to the dias.
3) Provided an update on the Skateboard Park, noting that they received
presentations from the bidders and would make a final decision on
October 4~'.
Mayor Schiffner commented on the following:
1) Joined Councilwoman Kelley in her comments on the disaster and
expressed sorrow for those involved and the world. He indicated that
PAGE THIRTY-CITY COUNCIL MINiTTES-SEPTEMBER 25, 2001
he was thankful that this area was not a prime target, but indicated
that the hearts of our residents go out to those hurt, and to those
businesses and jobs that were impacted.
2) Thanked Councilman Metze for getting better and coming back,
noting he was glad to see him present again.
ADJOiIRNMENT
MOVED BY KELLEY, SECONDED BY METZE AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE
REGULAR CITY COUNCIL MEETING AT 7:45 P.M.
Ul
ROBERT L. SCHIFFNER,
CITY OF LAKE ELSINORE
~'I"I'EST;
. (~'~e/~
VIC]~SAD, CMC,' CITY CLERK/
HUMAN RESOURCES DIRECTOR
CITY OF LAKE ELSINORE