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HomeMy WebLinkAbout10-27-1998 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 27,1998 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Pape at 7:00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilwoman Brinley INVOCATION The Invocation was provided by Pastor Don Butensohn. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, City Attorney Leibold, Administrative Services Director Boone, Community Development Director Brady, Community Services Director Sapp, Fire Chief Seabert, Police Chief Walsh, City Engineer O'Donnell, Assistant to the City Manager Best, Senior Planner Morita and City Clerk Kasad. PRESENTATIONS a. Brad Sharpe, Manager, Albertsons. (F:122.1) Mayor Pape read and presented a Proclamation to Mr. Brad Sharpe, representing the new Albertson °s store on the west end. He noted that residents have waited many years for another store; and the increasing need for an additional grocery store on that end of the Lake. Mayor Pape advised that the second store would open on October 28`t' at 8:00 a.m. Mr. Sharpe commented that he looked forward to serving the community and being involved in the Community. b. Lee Thibadeau, Surface Mining & Reclamation (F:56.1) Mr. Thibadeau, representing the State Department of Conservation, noted that this is the second time he has made such a presentation to Lake Elsinore. He advised that there are 128 lead agencies in California, and PAGE TWO - CITY COUNCIL MINUTES - OCTOBER 27, 1998 only 12 of those are receiving the Surface Mining and Reclamation Act Award. He indicated that it is not an easy task to meet the State requirements and commented that the staff and City Council had show true concern for the environment. He congratulated the Council and staff for their efforts in this area. PUBLIC COMMENTS — AGENDIZED ITEMS Requests were received to address Item No. 21 and deferred to that discussion. CONSENT CALENDAR ITEMS The following item was pulled from the Consent Calendar for further discussion and consideration: Item No. 4. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: a. City Council Study Session — August 19, 1998 (F:44.4) The following Minutes were received and ordered filed: b. Planning Commission Meeting - October 7, 1998. (17:60.3) C. Design Review Committee Meeting - October 7, 1998. (17:60.4) 2. Ratified Warrant List for October 15, 1998. (F:12.3) 3. Rejected and referred to Claims Administrator for handling, the Claim Against the City submitted by Joyce Anderson (CL #98 -23). (17:52.2) Approved Proclamation Welcoming the New Albertson's Market. (F:122.1) PUBLIC HEARING 21. La Laguna Estates Specific Plan No. 92 -4 and Environmental Impact Report No. 92 -2 - Resolution No. 98 -37 & Ordinance No. 1041. (F:150.2) City Manager Watenpaugh introduced the project and stated that this item was continued from the City Council Meeting of October 13, 1998. He asked Community Development Director Brady to give an overview of the proj ect. Community Development Director Brady explained that La Laguna Estate is a Master Planed Community. He gave an overview of the project and PAGE THREE - CITY COUNCIL MINUTES - OCTOBER 27, 1998 outlined the location of La Laguna Estates Specific Plan Area. He noted that the Specific Plan is a residential project on 489 acres of land adjacent to the Cleveland National Forest and proposes 480 single - family detached and 180 single- family attached residential units, for a total of 660 residential units, and 282 total acres of Open Space. He indicated that under the Specific Plan there would be limited Neighborhood Commercial uses subject to a Conditional Use Permit, which would have to go to public hearing with Planning Commission prior to it being allowed. He stated that Tuscany Hills has similar provisions in their Specific Plan as well. He noted that the project is in the Community Facilities District 88 -3. He reminded Council that this is for review and approval of the Specific Plan and Environmental documents and the Tract Map and Design Review would have to come back before Planning Commission and City Council at a public hearing for approval. Mayor Pape called upon the applicant. Kris Webber, Hunsaker and Associates, representing the applicant, thanked City staff for their many years of assistance with this project. He gave a history of the development of the Specific Plan and stated that he felt that this was a quality product for the City. He noted that the project has three distinctive areas based on the topography and offers three different views. He explained that because of the topography it allows the potential in the Specific Plan for a gated community and stated that it would not affect traffic flow since there is no through traffic. Mayor Pape opened the public hearing at 7:16 p.m. and called upon the persons who requested to speak. Marie Locke, 15025 Monte Court, Secretary for the Cleveland Ridge Community of Interest Committee, stated that she had not received a notice of the public hearing and stressed that there is a need for open communication between the City and the Committee. She stated that she feels that development that occurs within the City will impact the COI and they need to offer input on behalf of the residents of the COI. She noted that they held a Town Hall Meeting and a vote was taken to call for the City to provide a Hillside Ordinance and without this Ordinance development would affect the Valley at large. She stated that by adopting a Hillside Development Ordinance it would comply with the City of Lake Elsinore's General Plan. Richard Burnett, 29604 Dale Court complimented the developer of the La Laguna Specific Plan for leaving 140 acres of Open Space, however he and his wife do have some concerns. He noted that the Rice Canyon "Disturbed" area is proposed to be given to the Boy or Girl Scouts of America and he questioned the traffic safety of the ingress and egress of that site on Dale Court. He stated that in his opinion Dale Court was not designed for that type of potential traffic and asked that Council consider that issue. He stated that due to the increase in traffic caused by the PAGE FOUR - CITY COUNCIL MINUTES - OCTOBER 27, 1998 addition of approximately 1,400 vehicles when La Laguna Estates is developed there is a need to address the traffic intersection of Grand Avenue and Broadway. He suggested that a four way stop to mitigate a potential unsafe condition caused by traffic congestion on that site. Mr. Burnett noted the area that the project is located in and cited the high risk flood zone area as well as the fact that we do not have a fire station on the West End and it is also in a high risk fire area. He asked that Council please consider the traffic concerns, safety issues and impact on the neighborhood that a Scout Camp would have. William Moe, 29609 Dale Court, concurred with Mr. Burnett and stressed that there is a real need for a fire station with increased population and the quantity of vegetation near the proposed project. He stated that he would not like to see Dale Court be an area of ingress and egress for the Scouts. He noted the traffic hazard that would create. He noted that the proposed site of the Scouts in an A -1 Flood Zone and is a hazard for them and a liability for the City. Daniel Uhlry, 150 E. Lakeshore Drive #80, stated that he has hunted and hiked in the area and noted the flood hazard in the area proposed for Scouts and further noted the amount of run -off that will occur due to a reduction in natural watershed. He noted the problems that the City has had with Riverside Drive due to the run -off. He stressed that he is favor of development, however he hopes that the City will allow development in a controlled manner and not end up with a Laguna Niguel situation with houses sliding off the mountains. Mike Aller, Centex Homes, spoke in favor of the project and stated that with the development of La Laguna Estates will result in lower CFD fees for all the homes that have been constructed on the West End. He noted that it would ultimately provide funds that will provide for finishing McVicker Park. He explained that when the original project was developed, issues such as traffic and drainage were addressed for future development. He noted that all the facilities that Centex constructed go right up to the project and everything is sized to accept that project. He stated that he was available for questions. Joseph Minutella, 29608 Dale Court, concurred with Mr. Burnett's comments and stated his concern regarding the Scout Camp. He stated that there is a real fire safety factor until such time as there is a Fire Station located in the West End. Mayor Pape closed the public hearing at 7:26 p.m. Mayor Pape asked staff to respond to the questions that were raised by the speakers. He questioned the mitigation of the run -off from the rain and the question of the Flood Zone. Community Development Director Brady stated that he would defer the question about flood and rain mitigation to Senior Planner Morita. He responded to the question of the Scouts using the PAGE FIVE - CITY COUNCIL MINUTES - OCTOBER 27, 1998 "disturbed" area, and explained that it would require a Conditional Use Permit and approval by the City prior to any type of use, however they included the flexibility in the plan if were suggested as a possible use in the future. He stressed that before the Scouts could use the "disturbed" area as a camp they would have to come before the City for approval. Mayor Pape questioned the use of Dale Court and the traffic impact. Community Development Director Brady stated that would be part of a Conditional Use Permit process. He noted that one of the issues that were questioned, was Hillside Grading. He noted that Hillside Grading is part of the Specific Plan, under Section 3.3.2. Mayor Pape questioned the intersection of Grand Avenue and Broadway. Community Development Director Brady stated that what is being addressed at this time is the Specific Plan, and that issue would be addressed at the time of the Tentative Tract Map review. Senior Planner Morita addressed the issue of traffic mitigation. He noted that as part of the Environmental Impact Report, CEQA requires that environmental clearance be provided for the entire project. He stressed that what Community Development Director Brady has stated is correct. He explained that when the project goes through a subdivision process, staff would have the opportunity to examine the finite details of the project and determine the necessary mitigations. He commented that the Environmental Impact Report has a section on traffic impacts and a mitigation monitoring program which offers several mitigation measures to reduce traffic impact levels. City Manager Watenpaugh noted that separate from this project the City could examine traffic counts that exist now. He stated that was part of what was addressed by Mr. Burnett. Mayor Pape invited Council to address the Specific Plan. Councilman Metze stated that he saw a lot in the Specific Plan that he liked, however he does have several things that he would like to see addressed. He noted that one thing that he learned from sitting on Planning Commission is that the Specific Plan is a very important document and noted a statement on page 50, which states that "These development standards supersede all applicable City ordinances and codes ". He stated that he went through the Plan with a fine tooth comb as follows: Page 12 - Electricity is not addressed. Page 13 — "The disposal company shall provide residential trash enclosures and waste separation containers when a recycling program is developed by the company." — There is no agreement that provides for trash enclosures and this section should be deleted. City Attorney Leibold stated that the last sentence does not contribute to the document and may lead to ambiguity and confusion. PAGE SIX - CITY COUNCIL MINUTES — OCTOBER 27, 1998 Councilman Metze invited the developer to approach Council and clarify an issue if they feel that he is wrong. Councilwoman Brinley stated that the City already has a recycling program. City Attorney Leibold stated that is why this section should be deleted, since it is redundant. Councilman Alongi questioned that if this was going to be a gated community, does that allow them to establish their own trash collection. City Attorney Leibold stated that typically the gated community has certain obligations for their streets, however they do participate in City wide refuse collection services. She stated that she felt that an independent homeowners association would have the authority to independently contract or arrange for trash services. Councilman Alongi noted that in a gated community they service their own streets and this would be the first gated community in the City and he was just curious if they could. City Attorney Leibold noted that the City has a franchise agreement for trash service and she is unaware of any circumstance, however she will look into the issue. Mayor Pro Tem Kelley stated that she would like to have the following addressed: Page 18 — Neighborhood Commercial — and stated that she is opposed to Neighborhood commercial . She stated that the last thing that Council would like to see in that area is a convenience store or a strip mall. Mayor Pape concurred. He suggested that this should be deleted from the document. Kris Webber stated that they did not envision Neighborhood Commercial as being throughout the community, but rather had one area in mind, which is across from the proposed park that is adjacent to McVicker Canyon Park. Mayor Pape stated that this would not change his mind. Mayor Pro Tem Kelley stated that it does not change her mind either. Mr. Webber noted the lack of services on the West End and noted the trip that will have to be made by the development residents to get any services and this could create convenience for the residents. Mayor Pape stated that he respectfully disagrees and stated that the appropriate place to provide services is near the State Brothers Market and in that area. Councilman Metze noted that nowhere in any of the maps does it show a commercial site and this will be a big surprise to anyone that buys in that tract and will ultimately create a problem for the City. Councilwoman Brinley stated that there have been problems in the past with commercial in the residential sections of that area and it is evident that this should be deleted. Mayor Pro Tem Kelley complimented the developer on the street design. Councilman Metze addressed the following: PAGE SEVEN - CITY COUNCIL MINUTES - OCTOBER 27, 1998 Page 28 — Section g. — should read "Fence and wall design should be coordinated with the design of structures within the development and should be consistent throughout each project in accordance with the requirements set forth in the Specific Plan, including with out limitation Sections 4.1.5, 5.2.6 and 5.3.7.3. Page 30 — Section bb. — Should read "The project's overall drainage system shall be completed and operational at the earliest practical time during construction as determined by the City Engineer. Councilwoman Brinley questioned the Mining Reclamation Plan and questioned the time that is still involved in the agreement. Mr. Webber stated that they have taken that into consideration and will be addressed at the time of construction. City Attorney Leibold stated that she has a the following should be changed: Page 40 — Section 3.4.5.1.1 b. — Should read "The parkland requirement for La Laguna has been calculated as discussed in Section 3.8.3. The exact configuration of parkland to satisfy this requirement will be handled during the subdivision process and shall be subject to approval by the Planning Commission and City Council. Councilman Metze addressed the following: Page 44 — 3.7.1, Plan Description — Delete the section "over a period of 15 years in ". City Attorney Leibold stated that the project will be developed in phases and the Development Agreement expires in 2005. She noted that the Specific Plan, as the applicable Land Use regulatory instrument would continue until later amended, if amended at all. She stated that it does not need to enforce a time restriction. Councilman Metze addressed the following: Page 50 — third paragraph, second sentence — Should read "All subsequent development plans, design review plans, subdivision maps, grading permits, building permits or any other action requiring ministerial or discretionary approval will be required to substantially comply with these development standards. Those standards that are silent and are not specifically addressed in this document or the Development Agreement will revert to the City of Lake Elsinore Zoning and/or Municipal Code in effect at the time future projects are proposed. City Attorney Leibold requested a change to the following: PAGE EIGHT - CITY COUNCIL MINUTES - OCTOBER 27, 1998 Page 50 — second paragraph — These development standards supersede all applicable City ordinances and codes and during the term of the Development Agreement shall be deemed to be "the applicable law of the project ". Mayor Pape addressed the following: Page 52 — 4.1.3 c — Should read "Real estate signs, flags, future development signs, and directory signs according to City Code. Page 52 — 4. 1.1 d — Mayor Pape questioned this section and asked if the City should allow this use. City Attorney Leibold stated that there is a need for State License and there are certain restrictions. She noted that this is not something that the City can prohibit. Page 53 — 4.1.4 e — Delete this item. Page 53 — 4.1.3 h — Delete the word Signs. Councilwoman Brinley questioned the SFD Standards and stated that she would like to see the garage remain at 22', since if the Council allows the garages to be downsized people will park on the streets because of a lack of space. She stated that all of the setbacks should remain the same as the City Code calls out to avoid reduced size. She stated that if the Council allows reductions in size then they will be setting a precedent for future projects and she does not feel that this should be allowed. Mr. Webber stated that it was the applicants intent to add more variety to the street scene by altering size and noted that 17' would require a roll -up garage door and would still allow another car to be parked in the driveway. Councilwoman Brinley stated that she felt that Hunsaker and Associates could be just a creative with 22' setbacks as they can with 17'. Mr. Webber stated that the purpose of this document was because of the design standards and the difference they can make. He requested that due to their designs they would ask that no change be made. He noted the amount of open -space that they provided with this project and stated that the design allows them to provide superior design as well as causing grading issues. Councilwoman Brinley asked if the applicant was planning to build this project himself. Mr. Webber stated that he was not. Councilwoman Brinley stated that she is concerned with future developers and their concepts, which will require amendments, and can, change the entire project. She stressed her wish to insure the integrity of City Codes for the benefit of the City. Councilman Alongi asked how sure the applicant is that this development will be a gated community. Mr. Webber stated that they are not sure at all, however the wish to retain the option for a future buyer to decide if they wish to develop a gated community. Councilman Alongi stated that if it were a gated community then it would be a different situation, however if it is open to either type of development, then he concurs with Councilwoman Brinley. Page 54 — 4.1.5 — All setbacks should conform to City Code. PAGE NINE - CITY COUNCIL MINUTES - OCTOBER 27, 1998 Councilman Metze addressed the following: Page 55 — parking — Should read " garages required ". Page 55 — 4.2 — Change 20.0 dwelling units per acre to 8 dwelling units per acre. Page 57 — 4.2.3 h — Should read garages. Page 57 — 4.2.4 c — Delete this item. Page 58 — 4.2.5 — This must conform to City Zoning Code standards with open carport deleted. Page 58 - * - Should read 6,000 square feet per City standards. Mr. Webber explained that they set a single family detached on a smaller lot because it would conform to the single family attached that would be near or adjacent to the single family detached. He gave several examples of different design standard that use cluster concepts that have smaller lots. He stated that what they are asking for is less restriction to allow them to make a less dense project without such stringent standards. He noted that this allows for an improvement of the dense section rather than total attached single family. Councilman Alongi addressed the following: Page 58 — ( * *) — This entire paragraph should be deleted. Page 57. 59. 50 - 4.2.5 - Entire Section — Conform to City Codes. Page 60 — Parking — Delete or carport. Mayor Pape commented that the project theme is very interesting. He noted that it is proposed to be Historical California theme. Councilman Metze addressed the Guard Gate. Councilwoman Brinley stated that she is opposed to a gated community since it creates a community within a community. She noted that if there is a public park within a gated community it is hard for the public to make access. Mayor Pape stated that he is neutral to a gated community, however he would have to examine the project prior to making a decision. Councilman Alongi concurred with Mayor Pape and he felt that the section addressing the guard gate should be left in to remind Council that there is the possibility of a gated community. Councilman Metze stated that it PAGE TEN - CITY COUNCIL MINUTES - OCTOBER 27, 1998 would prevent Council from disallowing a gated community. Councilman Alongi disagreed because he noted that if the developer does not meet all the requirements of the Planning Department, then a gated community is out of the question. Councilman Metze noted that this is a binding document and overrides everything. Mayor Pape asked the City Attorney for her opinion. City Attorney Leibold explained that as stated it would be subject to design review, so the City through the design review process would have the opportunity to evaluate design issues. She further explained that if Council wishes to have a second opportunity to evaluate this then language could be added to read upon approval of the Planning Commission and City Council. Mayor Pro Tern Kelley stated that she is also neutral, however she feels that this project lends itself to a gated community better than any other project she has seen because of its geography. There was general discussion regard to open space and its use. Mayor Pape stated that Council agrees that they will not make an opinion regarding a gated community and it will have to come back to Council for a decision. Page 68 — 5.2.2 e — Should read "A guard gate entrance may be provided at the primary Community Gateway. The Secondary Community Gateway will utilize a controlled access via card or remote control limited entrance. Design Review will be required for both entrances as adequate sight distance, emergency access, stacking distance and landscape treatment shall be analyzed. Such gates would only be allowed in conjunction with private streets upon approval of the Planning Commission and City Council. Councilman Metze addressed the following: Page 73 — 5.2.6 c — Should read "Fencing, bracketing and posts construction shall comply with the UBC and the Lake Elsinore Municipal Code at time of construction. Page 88 — 5.3.7.3 — At the end of the paragraph it should read "with UBC and the Lake Elsinore Municipal Code at the time of construction." Mayor Pro Tern Kelley commented that the treatment for the doors and the windows that are proposed are very nice. Councilman Metze addressed the following: Page 91— 6.2.2 — The last sentence of the paragraph should read "Conditional Use Permits shall be considered by the Planning Commission." PAGE ELEVEN - CITY COUNCIL MINUTES - OCTOBER 27, 1998 Page 91 — 6.2.4 — The first sentence should read "All future development shall undergo the City's Design Review process in accordance with the City's Municipal Code at time of development. Page 92 — 6.3 — The very last of the second paragraph should read "warrant review and consideration by the Planning Commission and City Council. Councilman Metze suggested 6.3a should be deleted. Mr. Webber objected. City Attorney Leibold clarified this section and explained that changes should be done through approval of the Community Development Director. Mr. Webber stated that he would like to have some flexibility from the developers side for movement of units from one area to another. Councilman Metze stated that he would be willing to look at a small percentage, however as Section "a" is written it would allow the developer to do anything that he wants with any percentage that the developer wants. City Attorney Leibold stated that a small percentage is find, however the Council can require administrative overview. Councilman Alongi suggested that it have upon approval of the Community Development Director. City Attorney Leibold stated that the way that the section is written does not require review by the Community Development Director or the City Council. Mayor Pape suggested that they be allowed a 5% transfer. Councilman Alongi objected since he felt that this should be under review by the Community Development Director. Page 92 — 6.3 a — Should read "Transfer of dwelling units at the discretion of the Community Development Director. Page 94 — 7.1 — Delete the first two sentences. The Section should start with "Given that market demands...." City Attorney Leibold addressed the following changes: Page A -5 -1 — 5 — Should read "Developer shall be entitled to develop the property in accordance with the Development Plan, Development Parameters. Page 1 -5 -1 — 9 — The section "(15 years)" should be deleted. MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO CERTIFY THE ENVIRONMENTAL EMPACT REPORT 92 -2 BY RESOLUTION NO. 98-37 AS FOLLOWS: RESOLUTION NO. 98-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CERTIFYING THE LA LAGUNA ESTATE ENVIRONMENTAL IMPACT REPORT NO. 92-2 —LA LAGUNA ESTATES PAGE TWELVE - CITY COUNCIL MINUTES - OCTOBER 27, 1998 MOVED BY BRINLEY, SECONDED BY METZE TO APPROVE LA LAGUNA ESTATES SPECIFIC PLAN NO. 92-4 WITH ALL MODIFICATIONS DISCUSSED, BASED ON FINDINGS MADE AND THE CONDITIONS OF APPROVAL AND ADOPT ORDINANCE NO. 1041 UPON FIRST READING BY TITLE ONLY AS FOLLOWS: ORDINANCE NO. 1041 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CALIFORNIA, ADOPTING THE LA LAGUNA ESTATES SPECIFIC PLAN. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY METZE, PAPE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE CONDITIONS OF APPROVAL: The Draft La Laguna Specific Plan shall be revised to incorporate any corrections and changes required by the Planning Commission and City Council. A Final La Laguna Specific Plan document shall be submitted for review and approval to the Community Development Director or designee within 30 days of approval by the City Council. No permit shall be issued until the La Laguna Specific Plan document and any required revisions are administratively approved by the Community Development Director. 2. Future development shall comply with those standards and guidelines continued in the Lake Use Plan, Circulation Plan, Grading Plan, Recreation and Open Space Plan, Drainage Plan, Water and Sewer Plans, and Public Service Plan as presented in the La Laguna Specific Plan. 3. Those issues, standards, guidelines, etc. not addressed in the La Laguna Specific Plan or the Development Agreement will revert to the City Municipal Code and/or Zoning Code in effect at the time future projects are proposed. 4. Prior to approval of the Tentative Tract Map for each phase, the Applicant shall provide the City with a Detailed Phasing, Improvement, and Financing Plan. Said Plan shall describe all on -and off site roadway and utility improvements and public services necessary to accommodate buildout of that particular Tentative Tract Map and phase. Said Plan shall also describe PAGE THIRTEEN - CITY COUNCIL MINUTES - OCTOBER 27, 1998 when the improvements and public services will be provided, how they will be maintained, and recommend feasible funding mechanisms and sources. 5. The Applicant shall participate in the City of Lake Elsinore Citywide Landscaping and Street Lighting District. 6. All open space and slopes outside the public right -of -way shall be owned and maintained by either a master homeowner's association, private owners, or other methods found acceptable to the City and Applicant. 7. The applicant shall provide all project - related onsite improvements as described in the la Laguna Specific Plan. 8. Prior to issuance of building permit, the Applicant shall pay all required parkland dedication in- lieu -of fees, less any credits for land dedication or fees previously paid by the Applicant for parkland or park improvements that have been placed in the McVicker Canyon Park Site Account as stated in the La Laguna Development Agreement. 9. A conceptual Landscape Plan for the entire La Laguna site shall be provided prior to approval of the first Tentative Tract map for the project. Said Conceptual Landscape Plan shall present the overall theme and give special regard to the streetscape, fencing and walls, entry monumentation, signage and lighting. Said Conceptual Landscape Plan shall be prepared in accordance with the Design Guidelines contained in the la Laguna Specific Plan. 10. Prior to issuance of building permit, a Fuel Modification Plan and Program shall be approved by the Fire Department. Said Plan and Program shall show those special treatments necessary to achieve an acceptable level of risk in regard to the exposure of structures to flammable vegetation and shall describe the method of removal and installation, and provisions for maintenance. 11. The La Laguna Specific Plan shall be implemented in accordance with provisions and conditions contained in the La Laguna Development Agreement and Funding and Acquisition Agreement. 12. The Applicant shall implement those relevant mitigation measures identified in the Mitigation Monitoring Program adopted with the La Laguna Final Environmental Impact Report 92 -2. 13. Future Development shall comply with those mitigation measures contained in the 1997 Habitat Mitigation Plan, which has been prepared for the La Laguna Specific Plan. 14. Prior to issuance of grading permit for any future development, the Applicant shall show proof that a 404 permit and 401 Water Quality Certificate in accordance with the Clean Water Act have been acquired from PAGE FOURTEEN - CITY COUNCIL MINUTES - OCTOBER 279 1998 the U.S. Army Corps of Engineers and Regional Water Quality Board, respectively; and Sections 1601 -1603 clearances in accordance with the California Fish and Game Code has been acquired from the California Department of Fish and Game. 15. The City's Noise Ordinance must be met during all site preparation activity. 16. The Applicant shall obtain all necessary State and Federal permits, approvals, or other entitlements, where applicable, prior to each phase of development of the project. 17. Prior to issuance of grading permit for any development adjacent to McVicker Canyon, a Mining Impact Mitigation Plan for future residential units shall be submitted to the City Engineer for review and approval. Upon completion of mining operations at McVicker Canyon, this condition shall no longer be required. 18. Prior to approval of each tentative tract map, the Applicant shall prepare a geotechnical report for City Engineer Approval. The geotechnical report will assess potential soil- related constraints and hazards such as slope stability, settlement, liquefaction, or related seismic impacts where determined to be appropriate by the City Engineer. The report will also include evaluation of potentially expansive soils and recommended construction procedures and/or design criteria to minimize the effects of these soils on proposed development. 19. Prior to the issuance of any grading permits, the Applicant shall submit a final grading plan, subject to all requirements of the City Grading Ordinance to the City Engineer for approval. Said grading plan shall address those hillside grading standards and guidelines contained in the la Laguna Specific Plan. 20. Grading shall not be permitted outside the area of the designated project boundary unless appropriate approvals have been obtained. 21. Prior to issuance of a grading permit, grading and construction plans shall incorporate erosion control measures. 22. Design of the La Laguna project shall meet all Riverside County Fire Department standards for fire protection and any additional requirements requested by the County Fire Department. 23. The applicant shall ensure adequate utility service prior to occupancy. 24. The applicant shall comply with all applicable measures as specified by the City including those found in the City programs including the City Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. PAGE FIFTEEN - CITY COUNCIL MINUTES - OCTOBER 27, 1998 25. Prior to issuance of building permit, the Applicant shall submit a letter of verification (will -serve letter) to the City Engineer, for all required utility services. 26. All future development including tentative tract maps shall be consistent with the design standards and guidelines contained in the la Laguna Specific Plan. 27. All future development is subject to the City of Lake Elsinore Design Review process. 28. All future proposals shall be reviewed by the City on a project -by- project basis. If determined necessary by the Community Development Director or designee, additional environmental analysis will be required. 29. The applicant shall be permitted to construct smaller permanent uninhabitable structures within those areas of Rice Canyon that have been previously disturbed, subject to Conditional Use Permit approval. ITEMS PULLED FROM THE CONSENT CALENDAR 4. Change of Parking Restriction on Mill Street in front of Railroad Canyon Elementary School - Resolution No. 98 -38. (F:112.1) City Manager Watenpaugh noted that this item was pulled at the request of the School District. He noted that about eight months ago the School District requested meetings to resolve their bus loading and pickup issues; and at that time the parking restrictions were changed. He further noted that now there has been a change in the School's administration and the situation has been reevaluated. He explained that restriping is needed for the current request and staff would concur this is the best way to handle it. He further explained that the current question is who should pay the fees for the changes and recommended that the District reimburse the City for the changes, at a cost of about $250. MOVED BY PAPE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 98-37 REMOVING THE PARKING PROHIBITION AND REPLACING IT BY ESTABLISHING A LOADING ZONE ON MILL STREET IN FRONT OF RAILROAD CANYON ELEMENTARY SCHOOL, WITH THE SCHOOL DISTRICT REIMBURSING THE CITY FOR THE CHANGES. PUBLIC COMMENTS — NON - AGENDIZED ITEMS Chris Hyland, 15191 Wavecrest, noted that she had a snake at her front door last Saturday; and indicated that in her opinion it was specifically placed there. She noted that the Mayor has previously referred to her as a snake and inquired if he placed the snake there. She indicated that she captured the snake and reported it to the police department and wanted the public to know that this was a practice in PAGE SIXTEEN - CITY COUNCIL MINUTES - OCTOBER 27, 1998 Lake Elsinore. She noted a report to the Grand Jury by a local reporter in 1992 and indicated that she has no intention of leaving the area due to intimidation. CITY MANAGER COMMENTS City Attorney Leibold indicated that she had no comments and there would be no Closed Session discussion, as it would be delayed until the next regular meeting. CITY COUNCIL COMMENTS Councilman Alongi commented on the following: 1) Reminded everyone to vote on November 3rd. 2) Noted that he went to the Student of the Month luncheon today, which was quite an honor. He indicated that it was quite enlightening to see the variety of students receiving recognition. He stressed the number of success stories that occur with the help of the dedicated professionals at the School District. He commended the teachers and students on their work. 3) Noted the quilt which was made by the HOPE volunteers and detailed the planned raffle of the quilt. He explained that the quilt represents the history of Lake Elsinore with scenes including the Train Depot, Amy's Castle, Pioneer Lumber, City Hall, the Presbyterian Church, Old Elsinore High School, the State Park the Armory Building, the Chimes and the Barnes Real Estate building. He advised that all of the money goes directly to HOPE and noted that HOPE is almost completely serviced by senior citizens. He noted that he has purchased tickets and if he wins, he will donate the quilt to the museum. He advised that the drawing would occur at the annual dinner in November. 4) Noted that he read in the paper that the First Assembly of God Church on Grand Avenue has been doing commodities, but because they don't have enough assistance to pick up the government surplus they will no longer be able to do so. He stressed the importance of this distribution. 5) Advised that his court hearing was scheduled for tomorrow, and indicated that he would have more news at the next meeting. Mayor Pro Tern Kelley commented on the following: 1) Announced that CDBG applications would be available beginning November 10th at 5:30 at Cultural Center, and advised that interested parties could call Community Services for further information. 2) Reminded the Community that the GFI races would be returning to the City on November 7' and 81h. She noted that this is a very exciting event, which would include the Legends Bar- be -que, jet ski races and a vendor area. She encouraged community participation. PAGE SEVENTEEN - CITY COUNCIL MINUTES - OCTOBER 27, 1998 3) Thanked the Community for the level of participation in the Library grand reopening. She also thanked Frank Jackson for assisting with entertainment and Albertson's for the food donation. 4) Welcomed Councilmembers Brinley and Metze back to the City Council table. Councilwoman Brinley commented on the following: 1) Thanked the Community for the support, cards and letters, noting that they were the light at the end of the tunnel during her recuperation. She franked the Council for their support during surgery, thanked her family for the support and the community for the love and caring. She indicated that the community was her lifeline and kept her going. Councilman Metze commented on the following: 1) Thanked staff for their help on the La Laguna materials. Mayor Pape commented on the following: 1) Noted the opening of the new Albertson's at 8 a.m. on October 28" 2) Announced the 6th annual Benefit Dinner for HOPE at 6 p.m. on November 7`h, at the First Presbyterian Church. 3) Indicated that the public will see street striping in next couple of weeks in the evenings, as part of the City's continuing street maintenance program. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) - City of Lake Elsinore vs. All Persons (Cleveland Ridge) - Case #RIC 311942. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) - City of Lake Elsinore vs. All Persons (Meadowbrook) - Case #RIC 317305. AS ANNOUNCED BY THE CITY ATTORNEY, CLOSED SESSION DISCUSSION DID NOT OCCUR, BUT WAS CONTINUED TO THE NEXT REGULAR MEETING. ADJOURNMENT PAGE EIGHTEEN - CITY COUNCIL MINUTES - OCTOBER 27, 1998 THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 9:05 P.M. 1 uJ v W. PAPE, MAYOR OF LAKE ELSINORE ATTEST: VICKI KA.SAD, CITY CLERK CITY OF LAKE ELSINORE