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HomeMy WebLinkAbout02-14-1995 City Council Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 14, 1995 ~ ***************************************************************** I CALL TO ORDER The Regular city Council Meeting was called to order by Mayor Washburn at 7:02 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Channing Corral & Kyle Constantine, representing Pack 30, Machado Elementary School. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, BENDER, BRINLEY, PAPE, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, City Planner Leslie, Chief Building Official Russell, Community Services Director Sapp, Public Services Director Tecca, Manager of Special Projects Watenpaugh,and city Clerk Kasad. - PRESENTATIONS/CEREMONIALS Mayor Washburn noted the death of Raymond Gerlock and wished his family sincere condolences. He also noted the many school and community activities in which Raymond participated. a. Presentation - Machado Elementarv School. (F:142.1) City Manager Molendyk noted the presence of Machado Elementary School students in the audience and in the viewing audience for this meeting. He explained that the Council has established a goal of fighting crime in the Community, and noted the recent crime sweeps and the increased Sheriff's Department staffing to support this effort. He advised that notification has been received that the City will receive funding for four additional officers through the National Crime Bill. Mr. Molendyk also noted the N.A.P.A. program in the area of Machado Elementary School and indicated that the cooperation of 23 agencies will continue in this area, as well as other neighborhoods. He commented on the involvement of Machado Elementary School and its staff and students in the acti vi ties of the N.A.P.A. program. He then introduced Mary Ellen Lewis, Principal of Machado Elementary School. PAGE TWO - CITY COUNCIL MINUTES - FEBRUARY 14, 1995 students from Machado presented copies of the book to Deputy Chief Randall Yankee, Sheriff Larry smith (Deputy Chief Yankee received on his behalf), and Mayor Washburn. Deputy Chief Yankee noted that Sheriff Larry smith was not able to attend this meeting, as he was meeting with President Clinton and the San Bernardino County Sheriff. He stressed that Sheriff smith would have preferred to attend this meeting. Mayor Washburn read a letter from Congressman Calvert, commending Machado for their efforts and presented certificates of Appreciation to Mary Ellen Lewis and Teacher __ _ Tina Noriega, who coordinated the. alphabet book with the students. He thanked the students and staff of Machado for their efforts and commended them for a job well done. c. Presentation - captain Randall Yankee. (F:127.2) Mayor Washburn commented on the accomplishments of Captain Randall Yankee during his duty in Lake Elsinore and noted the benefit to the citizens of Lake Elsinore. He presented Captain Yankee with a City Tile Plague and thanked him for his efforts in the community. captain Yankee commented that it was a pleasure to serve the city of Lake Elsinore and assured the Council that the efforts will continue under Captain Boyd. He reiterated that Sheriff Smith really wanted to attend this meeting, but needed to attend another. Mayor Washburn noted that Captain Yankee's son recently was granted entrance to West Point and congratulated him. b. Proclamation - Enqineer's Week. (F:120.1) Mayor Washburn read and presented the Engineer's Week __ proclamation to Public Services Director Tecca and Engineering Manager O'Donnell. He encouraged students to pursue this area of education and noted the importance of engineering. Public Services Director Tecca thanked the Council for the Proclamation and concurred that engineering is an exciting field. He noted the benefit of seeing the results of your work. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items and deferred to those discussions: Item Nos. 21, 22 and 33. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 3, 5, 7, 11. PAGE THREE - CITY COUNCIL MINUTES - FEBRUARY 14, 1995 b. Special Joint city Council/Redevelopment Agency Meeting with Assemblyman Thompson - January 18, 1995. c. Regular City Council Meeting - January 24, 1995. - d. City Council Study Session - January 31, 1995. 2. Received and ordered filed the Building Activity Report for January, 1995. (F:32.2) 4. Received and ordered filed the Investment Report for December 31, 1994. (F:12.5) 6. Rejected and referred to Claims Administrator for handling the Claim Against the City submitted by Nancy Vasquez (CL #95-2). (F:52.2) 8. Adopted Resolution No. 95-6, Adopting Sheriff's Department Fees. (F: 127.2) RESOLUTION NO. 95-6 A RESOLUTION OF THE CITY OF LAKE ELSINORE ADOPTING A SCHEDULB OF FEES FOR SERVICES PROVIDED BY THE RIVERSIDB COUNTY SHERIFF'S DEPARTMENT. 9. Adopted Resolution No. 95-7, Supporting continued Military Operations at Southern California Facilities. (F:96.1) RESOLUTION NO. 95-7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKB BLSINORB SUPPORTING THE CONTINUED OPERATIONS OF THE LONG BEACH NAVAL SHIPYARD AND OTHER SOUTHERN CALIFORNIA MILITARY FACILITIES. 10. Approved 21st Year Community Development Grant Application to the County of Riverside, in the amount of $41,857 to further Senior Center Improvements and directed staff to submit said applications to the County by the deadline of February 17, 1995. (F:84.2) 12. Approved the fOllowing Cost Recoveries for Abatement and authorized the placement of special liens against the annual tax bill through the Riverside County Tax Collectors Office: (F:32.4) a. 10150 Mountain View - Ray Schneider - $3,223.64 b. 131 East Graham - Oscar/Frank Montelongo - $434.20. c. 308 North Langstaff - Joseph Tringale - $434.20. d. 103 West Flint - Nancy Collier - $847.25. e. 823 Park Way - Jeannette McKerrihan - $684.20. f. 3620 Nashland - Consolidated Holdings - $579.85. g. 3581 Nashland - Hogar Feliz Inc. - $659.98. h. 3580 Nashland - Sylvia Peretz - $1134.15. i. 67 Elm Street - Elnora Deyampert - $2424.20. j. 3581 Nashland - Hogar Feliz Inc. - $809.20 k. 15075 Heather - Robert & Susan Nagel - $1042.60. PAGE FOUR - CITY COUNCIL MINUTES - FEBRUARY 14, 1995 .. on this list which involve trash. He questioned whether adequate trash collection was occurring. Chief Building Official Russell indicated that trash tends to accumulate on va~ant list and abandoned properties throughout the City. He stressed the amount of illegal dumping and explained that the only COUrse of action is to address the property owners. Councilman Alongi inquired whether it had been established that trash was to be pick-up whether paid or not. Mr. Russell indicated that this is true for residential properties, but not for commercial properties. He clarified that housing units over three units are considered commercial projects by CR & R. Councilman Alongi suggested that when there are - problems with paYment on this type of property the city should have the trash picked up and bill the owner. Mr. Russell stressed the policy of the trash collector that if commercial users to not pay the bill, their trash is not collected. MOVED BY ALONGI, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND ORDER FILED THE CODE ENFORCEMENT ACTIVITY REPORT FOR JANUARY, 1995. 5. Warrant List - January 31. 1995. (F:12.3) Councilman Alongi indicated that he had questions on this item, however in the absence of Administrative Services Director Boone, he would pass on them. MOVED BY ALONGI, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE TO RATIFY THE WARRANT LIST FOR JANUARY 31, 1995. 7. Resolution of Intention to Amend Section 17.20.040 & 17.20.120 (Aqricultural Residential DeveloDment Standards) Zone Code Amendment 95-1 - Resolution No. 95-5. (F:172.2) Councilman Alongi inquired whether this item will come back to the Council following the Planning Commission consideration. __ Staff confirmed that it will. MOVED BY ALONGI, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 95-5. RESOLUTION NO. 95-5 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, INITIATING AN AMENDMENT TO SECTION 17.20.040 AND 17.20.120 OF THE ZONING CODE (TYPE AND NUMBER OF ANIMALS PERMITTED WITHIN THE R-A AGRICULTURAL RESIDENTIAL ZONING DISTRICT) (ZCA 95-1) 11. AcceDtance of ReDresentation Riverside Countv Habitat Conservation Aqency Litigation. (F:76.3) (X:52.1) Councilman Alongi requested and explanation of this item from the City Attorney. City Attorney Harper explained that this lawsuit was filed by Thomas Morger, et al. against the Ri verside County Habitat Conservation Agency. He further explained that the city is a member of the Conservation Agency which predominant!~ a?d!~~s~s the regulations governing the PAGE FIVE - CITY COUNCIL MINUTES - FEBRUARY 14, 1995 - was some potential. Mr. Alongi inquired whet;her participation by the city is mandatory. 'Mayor Washburn indicated that while it was not mandatory, the cities felt it would be a better forum to expedite the resolution of these issues. Mr. Harper further commented that while it is not mandatory, it would have been extremely diff icul t to proceed wi th development without addressing the habitat issues. He noted a previous lawsuit brought against the City by Pardee Construction to gain the needed allocations to proceed with development. He further noted that the economic situation has made that a less urgent issue. He also noted that if the Council desires the City Attorney could represent the city, but would more or less go along for the ride, and incur substantial fees. Mayor Washburn commented that Best, Best and Krieger has been working with the Conservation Agency Board for quite some time. Councilman Alongi indicated that he did not have a problem with the representation, but expressed concern for the potential liability. MOVED BY ALONGI, SECONDED BY WASHBURN TO ACCEPT THE OFFER OF LEGAL REPRESENTATION FROM BEST, BEST , KRIEGER. Mayor Washburn noted that in the last 60 days the R.C.H.C.A. has finalized the 10.a. plan. He noted that it is being reviewed with emphasis that if approved, the Board will work more toward a multi-species program, rather than the predominant K-Rat approach. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. PUBLIC HEARINGS - 21. Zone Chanae 94-2 Revised - A Chanae of Zone for Territory Generallv located South of Lash Avenue: North of Lincoln Street: West of Machado Street and East of Dryden Street. Clement Street and the Termini of Ziealinde Drive. Le Gaye Street and st. pierre Lane - Ordinance No. 991. (F:172.2) ci ty Planner Leslie gave an overview of the proposed Zone Change. He pointed out the various streets that the Planning Commission reaffirmed and noted the one change that they recommended to City Council involves the properties between Lakeshore and Lash on one side of the street for which they suggest R-1 instead of R-2 zoning. Mayor Washburn opened the Public Hearing at 7:45 p.m. and called upon those persons who made a request to speak. city Clerk Kasad stated that there were two pieces of correspondence; one from Mr. Beebe and one from James Eriser addressing portions of the zoning. Cappy Carpenter, representing the owner of the property on the northwest corner of Machado and Lakeshore Drive. She explained that they were originally promised that the City would honor their C-1 zoning and then during the recent Planning Commission meeting, it was discussed that they would downzon~ the property to offices, but did decide to honor the PAGE SIX - CITY COUNCIL MINUTES - FEBRUARY 14, 1995 Gary Peebley, owner of Machado storage, explained that he his only concern is that his property remain zoned C-1. Pam Eriser, 15049 Larson Road, asked that her property be zoned R-A instead of R-1. She pointed out her property on the . t . map and stated that some of her nel.ghbors have subml. tted letters requesting that their property be zoned R-A. She stated that a grandfather clause would not be enough protection for their property and they wish to continue the use of their property as it was prior to the annexation. She read letters from Jerry McNap, Maria Venegas and Ford Beebe requesting R-A zoning for their properties. __ Mayor Washburn asked if there were any other persons who wished to speak on the matter. Hearing no one the public hearing was closed at 7:52 p.m. Mayor Washburn asked why the Planning Commission and staff felt that the R-1 should stay that way since it is sandwiches between two R-A zones. City Planner Leslie noted that this is the first time that' this issue has been brought forward and the reason staff recommended that action to the Planning Commission is because the General Plan designation does allow the R-1 and it was assumed that the property owners in the area would prefer the zoning that was most consistent with the General Plan designation. Councilman Alongi asked if the property owners would tell him why they would like to have R-A instead of R-1 zoning. Pam Eriser stated that they had purchased the property with the intent of having horses and raising a few chickens. She explained that Mr. Beebe grows crops on his land and has raised a pig for personal use. She stated that if the land is not in current use for horses and is not in R-A use for a period of six months, then the property will loose the right to be used in an R-A manner and would revert to R-1. She __ stated that they wish to retain the choice of having horses and a few livestock if they choose and not loose that right. Mayor Pro Tem Bender asked if this was originally zoned R-1 when it was in the County. City Planner Leslie stated that the zoning as staff proposed it is fairly similar to what the County had it zoned. Mayor Pro Tem Bender stated that he has reviewed the testimony from the pUblic at Planning Commission level and stated that most of the proponents from the R-A want to have horses and the R-1 to preclude that, but the property owners can have a horse on 1/2 acre in the R-1, and could be addressed in that manner. He explained that the potential problem could be that there would be farms with pigs and cows in the middle of the City surrounded by R-1 to the north, south, east and west. Mayor Pro Tem Bender stated that the current permitted use of animals allows up to 10 cows, pigs or goats or 60 chickens on a half acre lot and there are some parcels that are six acres and would cause a problem with conformity. He explained that his concern is that an R-A zoning would potentially allow large animal farms in the middle of a very large, growing residential area. He noted that the C-1 areas are pretty much the same as when the City PAGE SEVEN - CITY COUNCIL MINUTES - FEBRUARY 14, 1995 He explained that only the Council Action should be pertinent to this decision. Mayor Pro Tem Bender questioned the zoning displayed on the map and clarified the different types of uses. City Planner Leslie explained the zoning and the use of horse trails and how this relates to the annexation. - Councilman Pape stated that he feels that there are four issues that the Council is dealing with. He pointed out that the storage units are a legal non-conforming use and cannot be expanded and therefore will just be there. Gary Peebley explained that when this issue was discussed with LAFCO as well as the question of horses on property, the whole community was present and they were led to believe that the property would remain the same as prior to the annexation. He noted that the statement that if the promises made at LAFCO are not binding, then there should be a City councilperson present to represent what the city's intent is. Mr. Peebley explained that they were promised things by the City and now the people are told that it is not binding. He stated that his main concern is to have control of his property without having a Specific Plan imposed on him, which would then cost a great deal of money to conform to the Specific Plan. He stated that if it was not settled at the time of annexation as they were led to believe, then they would have taken steps to stop the annexation and the effects it would have upon the property owners. Councilman Pape stated that he does not have a problem with the C-l area. He commented that the person who wished to have R-A in order to have a Christmas tree farm does not cause a problem, but the issue is the quantities of animals and this will be addressed at a future public hearing by Council. Therefore if they want to have an R-A zone he does not have a problem with that either. He questioned the section on Lakeshore Drive which is R-l versus R-2 and asked what was currently on the property or if it is all vacant. ci ty Planner Leslie stated that the current use is predominantly single family homes. Councilman Pape asked why the City would want to change single family homes to R-2. City Planner Leslie stated that there is a significant amount of vacant property and the reason that staff recommended R-2 is in case of development of vacant parcels or redevelopment of some of the parcels that have existing single family homes on them. He explained that staff felt that through good design of a multi-family project the City could limit the number of driveways which would be preferred on Lakeshore Drive. Councilman Pape questioned the increase in traffic with multi- family dwelling units. city Planner Leslie explained that there would be greater density and traffic would increase, but the key thing is the number of driveways as opposed to the number of cars using the driveways. Councilman Pape pointed out his concern regarding the parcel which is C-l versus C-O. He stated that he does not want to see a strip shopping center and to have the ability to make sure what type of business would go into that area, he suggested that it would be more appropriate to see a professional building in that area. - - Councilman Alongi stated that the gentleman who owns the PAGE EIGHT - CITY COUNCIL MINUTES - FEBRUARY 14, 1995 He explained that the property annexed from the County, as in this case is R-A, and the people invest in the property because it is the style of life that they wish to have it should be honored since there are zoning requirements that will protect the R-1 residents. He feels that it is not the City's job to play "Big Brother" and tell people what they want. He stressed that it is Council's job to meet a happy medium between the development of this community the lifestyles the residents choose, which vary. Hella Merrill explained that she is the one that owns the property next to the storage units and that she sold the _ storage units to the Peebley's in 1989 with the promise that they could purchase the additional acreage on Machado street. She further explained that the master plan was for the storage uni ts to go from corner to corner, which would take the traffic from Lakeshore and move it to Machado. Ms. Merrill explained that Mr. Peebley is currently in escrow and has started to develop the additional acreage, and it would place her in a difficult position if the Council does not allow consistent zoning which existed prior to the annexation. Mayor Washburn clarified the fact that the parcels that she owns adjoin with the parcels owned by Mr. Peebley and had her point out her parcels on the map. Councilwoman Brinley asked if there was any benefit to "grandfathering" these parcels into the city. She stated that it would remain in current use until the time of sale and then would conform. City Planner Leslie stated that the Code provides for existing uses to continue on a legal nonconforming basis. He explained that there should be no mix-match of C-1 and c-o. She noted that there could be problems in the future with this area if it is not addressed. Mayor Washburn noted that the real estate west of Zieglinde or the RIA section, are larger lots. He explained that some of _ the concerns the residents had some years ago were that they wanted to have their horses and that they could not sell their house and tell the new buyer that they couldn't have their horses because they would have to go to the City and get a C. U. P. to keep the horses there. He further explained that he and Councilman Pape had talked to the property owners and stated that they do not have a problem with them having horses or continuing to have horses on their property and suggested that the zoning be switched to allow for that use so they would not have to obtain a C.U.P. Mayor Washburn stated that he supports the R-A zoning in that section since there are larger lots and there is a trail behind th~ property which makes it an ideal situation. He stated that if the section above that area which is R-1 would like to be R-A he would have no problem with that change. Mayor Washburn stated that his strongest concern was with the R-2 zoning and he felt that it should be R-1. He explained that the tier of lots and a few homes that go along Lakeshore Drive from Machado to beyond Hursh Street should be R-2 and does not feel that it would be beneficial to the neighborhood. He further explained that he felt that there should be R-l along that whole tier. He noted the traffic circulation problems which R-2 would create and PAGE NINE - CITY COUNCIL MINUTES - FEBRUARY 14, 1995 - Mayor. Pro Tem Bender stated that obligations, verbally by individuals, no matter who they represent are not binding. He explained that it is no different than a Congressman coming to the area and saying that the area will receive a lot of things, but it doesn't mean that it will pass Congress or that the issue will not be vetoed. He reiterated that if the C-1 area requested was what it was before, then it has merit on its own, the distinction that Mr. Pape was drawing in regards to the storage shed property is a separate issue. He explained that the storage sheds are a non-conforming use that was granted by the County for that specific property, however this does not extend to whether the owner wishes to acquire more property and expand the non-conforming use. He noted that there is a difference between what exists and what should be done with vacant land. Mayor Pro Tem Bender stated that he agreed with the comments regarding the R-2 zoning along Lakeshore that are contiguous to R-1 on Hursh, Clement and Wilson to leave them R-1. He stated that he did not have a problem with C-1 on Lakeshore. He explained that he did have a problem with the R-1's being changed to RIA and animal uses. He noted that it could be considered a problem and he does have a problem with the current R-A zoning that allows 10 cows or 10 pigs, or 10 sheep, or 10 goats on a 2 1/2 acre lot. Mayor Pro Tem Bender stated that until that is changed he feels the Council would be moving a little too fast to allow R-A to protect the potential for horses. Mayor Washburn stated that the Council could approve the ordinance on a first reading and then hold the ordinance until the entire Council is happy with the uses in the R-A Zone. He suggested that the R-A zoning criteria can be changed and both issues can be brought forward at the same time, or the item can be continued. - Councilman Alongi pointed out the reasons residents attend LAFCO hearings and why they concurred with the annexation. He noted that the residents thought that the Council would honor the zoning. He explained that when the storage sheds were built it was not a non-conforming use, it was a conforming use and Mr. Peebley agreed to the annexation because he was told that his zoning would remain the same and the city would honor that. He stated that he felt that to change it now would be wrong. Councilman Pape asked if when the storage shed property was annexed into the City, the county had established that the property was already legal non-conforming use. City Planner Leslie stated that he does not know what the County had set as zoning on this property. Councilman Pape asked if at this point any adjoining property would require a special permitting process to put up any additional storage units. City Planner Leslie stated that it would take a special permit under the C-1 or c-o zoning since only the City Council can allow a non-conforming use. Councilman Pape stated that it does not matter whether the zoning is C-1 or C-O, they will still have to come before Council to erect more storage facilities. PAGE TEN - CITY COUNCIL MINUTES - FEBRUARY 14, 1995 Councilwoman Brin~ey stated that she concurred with the idea of approving this:matter~nd holding it until the uses of the R-A zoning can be reviewed and changed if necessary prior to a second reading. Mayor Washburn stated that Mayor Pro Tem Bender made a good point regarding farm animals in the middle of a residential area and the problems which could occur. Mr. Peebley stated that he has a very clean and neat business and that it is run very clean and neat. He noted that there is not one vacancy in his facility since it is conforming to __ the needs the people in the area. He explained that there is a need for storage in that area and the people are using it and in his view that does constitute conforming use. Mr. Peebley stated that when he went to LAFCO it was his main concern that they did not get into something like this due to changes in Council, and he was promised that his use would remain the same. Councilwoman Brinley stated that she would still like to go over the R-A zoning and expressed her understanding of the feelings of the persons who went to LAFCO. Mayor Pro Tem Bender stated that his remarks were not intended to offend, but he wished to stress the fact that he sought to follow the rules. He asked if the Council changed the R-A zoning, would the city then have to notice everyone that is not in conformance with the requirements of the new R-A. City Planner Leslie stated that a change in the zoning code would be published as a Notice of Public Hearing in the newspaper and that would be the only notice required. He pointed out that Item #7 of this Consent Calendar does direct staff to look into the requirements of the R-A zone and staff will be bringing back an item for Council review. Mayor Pro Tem Bender asked if this particular area could have an equestrian __ zone which would eliminate the need to change the R-A zoning. City Planner Leslie explained that in an update of the entire zoning code, the ci ty is looking to rename some of the districts. He noted that the agricultural district could be changed to residential equestrian. He pointed out that the intent to use animals for commercial purposes and the growing of crops for commercial purposes is not presently allowed in the R-A zone and commercial agricultural purposes are only allowed by C.U.P. in the R-A zone. He stated that what they will be looking at in regard to the proposed change of the standards of the R-A zone is reviewing the number and type of animals that are allowed and seeing if that is appropriate or not. Mayor Pro Tem Bender asked if the City was getting ahead of itself in reviewing this zone change prior to making a decision on the R-A. He suggested that they might consider doing only half of this zoning and leave the other until the R-A zoning can be clarified. Mayor Washburn asked if this project could be split. City Attorney Harper stated that if they choose to change part of the property and leave the other as it is, then yes that can be done. Mayor Washburn ~~ked if the section from Broadway to T_1___'--____ __~_...... .. PAGB BLEVBN - CITY COUNCIL MINUTBS - FBBRUARY 14, 1995 '- Counpilwoman Brinley requested clarification that if items are not ~ncluded in the first reading they cannot be placed in the second reading. City Attorney Harper confirmed. Councilman Pape stated that this item can be heard at the same time Item No. 7 is discussed. I Mayor Washburn made note of the concerns which have been discussed as follows: Mr. peebley's property; zoning; and the corner of Lakeshore Drive and Machado being c-o instead of C- 1. He pointed out that he has heard no conflict on the R-1 to R-A or any other issues. Councilman Alongi stated that the question is in regard to the commercial property, and because it was there during the annexation whether there was anything in writing or not, and the question of whether the Council should honor the agreements made by previous Councils. He explained that he objected to forcing a property owner who had a certain use prior to annexation being forced to now come to Council for approval and pay large fees for C.U.P.'s and Variances. He noted that the City needs to protect that property owner's investment and give him the option to expand his property or not. Councilman Alongi stated that the R-1 to R-A is not in question, but rather the commercial property portion of the ordinance. - Councilman Pape stated that he did not have much of a problem with the adjoining property next to the storage area remaining C-1 since they will still have to go through the process and they retain the right to do so. Councilman Alongi stated that a change could be done through the ordinance to allow Mr. Peebley to proceed. Mayor Washburn stated that he did not feel that it should be done through this ordinance, but can be addressed when it comes before Council again. Councilman Alongi stated that Mr. Peebley brought his business to Lake Elsinore and has kept it neat and clean, just as Council would wish for all businesses and he felt that Council should make the effort to address his concerns. He explained that Council should find a way to protect his particular property at this time. Councilman Pape asked if this could be done tonight. City Attorney Harper stated that the only thing that could be done is to change Mr. peebley's property and the adjoining property to a zone that would not require a Conditional Use Permit, which would be Industrial. Mayor Washburn stated that there are not a large number of great concerns regarding most of the ordinance. - MOVBD BY BBNDBR THAT FROM BROADWAY AND UP BBCOMB R-2; THB CORNBR OF LAKBSHORB AND MACHADO BB C-1; AT THB BND OF THB HAMMBRHEAD TO THB RIGHT BB R-l; THB FOUR PARCELS ALONG LAKBSHORB C-l; THB BNTIRB TOP . _ u----------, i PAGE TWELVE - CITY COUNCIL MINUTES - FEBRUARY 14, 1995 1; THE ENTIRE TOP OF THE HAMMERHEAD BE R-A; AND THE PART SOUTH OF BROADWAY TO BE R-A WITH THE PROVISO THAT THIS COME BACK AT THE SAME TIME THE COUNCIL HEARS ITEM NO. 7 OF THIS AGENDA, TO ASCERTAIII HOW R-A ZONING IS DEFINED PRIOR TO A SECOND READING OF THIS ORDINANCE, FURTHER TO ADOPT ORDINANCE NO. 991 UPON FIRST READING, BASED 011 THB FOLLOWING FINDINGS: City Attorney Harper stated that the other alternative that Council may wish to consider is to continue the public hearing. He explained that they would not be able to receive any additional input on the appropriate zoning for any of the issues. He noted that all they could do is adopt a second __ reading and not make any other considerations. City Attorney Harper explained that by continuing this item they can make alterations to the Ordinance and do a first reading at that time. Mayor Washburn asked if the motion included all of the items that Mayor Pro Tem Bender outlined. councilman Pape confirmed that it did. THE FOREGOING MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTB: ORDINANCE NO. 991 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKB ELSINORB, CALIFORNIA, ESTABLISHING ZONING FOR 152 ACRES GENERALLY LOCATED SOUTH OF LASH AVENUE, NORTH OF LINCOLN STREET, WEST OF MACHADO STREET, EAST OF DRYDEN STREET, CLEMENT STREET AND THB TERMINI OF ZIEGLINDE DRIVE, LE GAYE STREET AND ST. PIERRB LANB (COMMONLY REFERRED TO AS THE "HAMMERHEAD" AREA), ZONE CHANGE 94-2 (REVISED: CITY OF LAKE ELSINORE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILHEHBERS: ALONGI, BENDER, BRINLEY, PAPE, WASHBURN - NOES: COUNCILHEHBERS: NONE ABSENT: COUNCILHEHBERS: NONE ABSTAIN: COUNCILHEHBERS: NONE Findinqs 1. The proposed zone change will not be: a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to property of improvements in the neighborhood or within the city. 2. The proposed action will be consistent with the Goals, Objectives and Policies of the General Plan and the standards established in the Municipal Code. 3. This project will not have a significant impact on the PAGB THIRTBBN - CITY COUNCIL MINUTES - FBBRUARY 14, 1995 - grew out of the previous consideration of the Hammerhead Zone Change. He stated that the Planning Commission considered this proposed zoning from its current R-1 to an R-A zoning. Planning Commission recommended that the zone be changed to an R-A, however one change that Planning Commission made was to recommend that Council initiate a proposed zone code amendment changing the regulations addressing the type and number of animals allowed. City Planner Leslie stated that he has a map to address the proposed zone changes. ci ty Clerk Kasad reported that there were three pieces of correspondence regarding Zone Change 94-3. Mayor Washburn opened the public hearing at 8:55 p.m. and asked those persons requesting to speak to come forward. The following persons spoke: Harley Webb, 15040 Larson Road, explained that he has owned his property since 1975 and it was zoned R-1 when it was in the county, and advised that he is opposed to any changes to the zoning now that it is in the city. He stated that he does not want to see a bunch of animals around his home and have it smelling like Norco. Mr. Webb stated that he has had his home up for sale three times and explained that no one has asked if his property is zoned for horses. Rose Tompkins, 15030 Larson Road, read a letter from the property owners on Larson Road asking that Council deny Zone Change 94-3. The letter was from the following persons: Mr. and Mrs. Lee Tompkins; Francis and Marian Foley; Jim Foley; Mr. and Mrs. Harley Webb; Mr. Phil Williams; Mr. and Mrs. Brian stewart; and Mr. Larry Vandervort. - Mayor Washburn asked if anyone else would like to speak on the matter. The following persons spoke: Jim Eriser, 15049 Larson Road, spoke in favor of the Zone Change 94-3, and stated that there is an enhanced potential for sale of property for different buyers, as well as the minimum lot side preserving the country atmosphere, the minimum size of the dwelling and the minimum set-backs for adjoining dwelling and housing of animals. He explained potential problems from R-1 zoning and stated that if the property is 1/2 acre or greater a C. U. P. must be acquired prior to having horses or other large animals at a cost of approximately $3,000, and there is no guarantee that the permit will be issued. He noted that this will result in a decreased property value and limits the potential sales to a limited number of buyers. Mr. Eriser stated that minimum lot size for R-1 is 6,000 square feet, the minimum dwelling size is 1,000 square feet and manufactured homes are allowed on R-1 lots. He stated that in his opinion this would relate to a decreased value of the property. Ace Vallejos, 15231 Cobre, spoke in favor of the R-A zoning and stated that where he lives in the County, he does not see any problems with the animals and feels that it would preserve the rural en~ironment a~d enhance the property values and be PAGE FOURTEEN - CZTY COUNCZL KZNUTES - FEBRUARY 14, 1995 94-3, and noted that she is the only property owners on the street who owns animals out of the five houses on the street. She explained that portions of the property on Larson Street cannot be improved because of the extensive flood control requirements and the cost of road improvement. She noted that at the time they purchased the property it had been used for horses. She read a letter from her appraiser explaining the value of the property if it is zoned R-A versus R-1. She noted that was the only reason they purchased the property and that they would never have gone where they were not wanted. Mrs. Eriser stated that rather than attack the zone change there is a need to define what can be done in that zone. She __ explained the horse trails in the area and how they connect to Larson Street. She suggested that if Council does not wish to zone Larson Road as R-A, then she would suggest it be zoned R- 1E or R-1A to accommodate horses and preserve the rural atmosphere. Mariana Mohylyn, 305 W. Sumner, spoke in support of Zone Change 94-3. She noted how much better the environment is for raising children when animals are present. Rose Tompkins, 15030 Larson Road, stated that properties are more valuable zoned for horses, if the owner is looking to sell. She explained that she and her neighbors have owned their properties for a very long time and they have no plans to sell and asked that Council look at the map and note that the persons who are opposed to the zone change live above the creek and the persons who are in favor of the zone change live below the creek. She asked if Council could compromise and change the property below the creek to R-A and allow the property above the creek to remain as R-1 property. She explained that it was R-1 when Larson Road was annexed from the County and the Erisers knew that it was, and they are asking that it remain R-1. She pointed out the area which is zoned for horse property. __ Hearing no further requests to speak, Mayor Washburn closed the pUblic hearing at 9:15 p.m. Councilwoman Brinley asked Mrs. Eriser to point out the location of her property. Mrs. Eriser pointed out the location of her property and the location of all the other properties in support of R-A zoning. Councilman Alongi asked what the zoning at the corner of Larson and Machado is. City Planner Leslie stated that it is currently R-1. Councilman Alongi clarified the fact that all of the owners that are opposing R-A zoning are south of the creek and all those in favor are north of the creek. He inquired if there is a possibility of splitting the area and satisfying all of the property owners. Councilwoman Brinley asked if since Mrs. Eriser moved to the area and she was allowed to have her horses and it is zoned R- 1, then if she were to sell her property is there a problem with continued use for horses. City Planner Leslie explained that currently the R-1 zoning states that horses are allowed e _ ... . . PAGE FIFTEEN - CITY COUNCIL MINUTES - FEBRUARY 14, 1995 - stated that the only difference is that in the R-A zone the keeping of horses is permitted outright, whereas in R-l it can only be done through a C.U.P. Mayor Pro Tem Bender noted the previous item heard and stated that he felt that when an area was annexed, the zone should remain the same as it was prior to annexation. He noted that the persons who wish to have horses, have them and he sees no reason to change the zoning. Mayor Pro Tem Bender noted that the surrounding area is R-l and was previously zoned R-l. Councilman Pape inquired if the property is zoned R-l, whether the owner could advertise and sell the property as horse property. City Planner Leslie stated that it could not be advertised as such without an approved C. U. P. Councilman Pape requested clarification that the new owners would then be required to gain approval though the City with a C.U.P. He stated that this area is appropriate to zoning for horses and the only way that the City can assure the property owner that they can have horses is to zone the property R-A. Councilman Alongi stated that he felt that it was either split the area in zoning or not change the zoning of any of the property. He stated that by splitting it, it would not change the current use and would eliminate the need for acquiring a C.U.P. - Mayor Washburn asked what Planning staff felt about the benefit of R-A versus estate type lots which are R-l. City Planner Leslie stated that R-A would allow outright use of the property for horses, whereas R-l would require a C.U.P. and would require discretionary approval. City Manager Molendyk stated that this issue comes up all the time and it is up to Council to decide what is the appropriate use for the area. Councilman Alongi asked if Council allowed the area to remain the same and then brought it back to Council for a special consideration for a C.U.P. at a very low fee, such as instead of $3,000 it could be considered for $500. or less; he felt it would be reasonable to do so. Councilwoman Brinley stated that during the entire time she was on Planning Commission, no person in an R-l who met all the requirements had been denied allowance to have their horses. She noted that she does agree with the reduced fee and asked if a new zoning name has been considered besides R- A. Mayor Washburn noted that Council has set the tradition of retaining the same zoning designation as it was previous to annexation. He pointed out the discussion of the last item. Mayor Pro Tem Bender noted that the surrounding area is R-l and the area in question should remain R-l. MOVED BY BENDER, SECONDED BY ALONGI TO DENY ZONE CHANGE 94-3. PAGE SIXTEEN - CITY COUNCIL MINUTES - FEBRUARY 14, 1995 C.U.P. is not a sure thing and the owner can be denied the right to have a horse at some later date. Councilwoman Brinley stated that she wants to see the property owner keep their horses, and suggested that the fee be made very economical and addressed by Council sometime soon. Councilman Alongi clarified the C.U.P. process and the ability to transfer the C.U.P. to a new owner. THE FOREGOING MOTION TO DENY ZONE CHANGE 94-3 CARRIED BY A VOTB 01' 4 TO 1 WITH PAPE CASTING THE DISSENTING VOTE. - 23. Zone Code Amendment 94-3 - An Amendment to section 17.20.060 CAqricultural Residential Development Standards) of the Zone Code -Ordinance No. 993. (F:172.2) City Planner Leslie offered to answer any questions from Council. Mayor Washburn opened the Public Hearing at 9:50 p.m. asking those persons interested in this item to speak. Hearing no one, the Public Hearing was closed at 9:51 p.m. MOVED BY WASHBURN, SECONDED BY ALONGI TO APPROVE ZONB CODB AMENDMENT 94-2 AND ADOPT ORDINANCE NO. 993, BASED ON THB RECOMMENDATION OF THE PLANNING COMMISSION AND THE FINDINGS. Mayor Pro Tem Bender questioned the number of this Zone Code Amendment and whether it was the same as the previously rejected Zone Change in item #22. Mr. Leslie clarified that one was a Zone Code Amendment and one was a Zone Change, but concurred that with the same numbers there is an area of confusion. Findings __ 1. As stated in the adopted Environmental Impact Report for the General Plan, any project consistent with this said document will not create any significant impacts on the environment of any potential impacts will be mitigated. 2. The proposed zone change will not be: a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to property or improvements in the neighborhood or within the city. 3. The proposed action will be consistent with the Goals, Objectives and Policies of the General Plan and the standards established in the Municipal Code. ORDINANCE NO. 993 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 17.20.060 (LOT AREA WITHIN THE AGRICULTURAL RESIDENTIAL (R-A) DEVELOPMENT STANDARDS) OF THB PAGE SEVENTEEN - CITY COUNCIL MINUTES - FEBRUARY 14, 1995 ABSENT: COUNCILKEKBERS: NONE ABSTAIN: COUNCILKEKBERS: NONE BUSINESS ITEMS 31. Nuisance Abatement Hearing Process & Cost Recoverv Resolution - Ordinance No. 994 & Resolution No. 95-8. (F:32.4) City Attorney Harper explained that this revision is intended to make the processing more expeditious. Councilman Pape questioned the use of the $100 hearing fee. Chief Building Official Russell indicated that this was to pay for the time involved for hearings. City Manager Molendyk clarified that there was to be no pay for Commissioners serving on this hearing board. Mr. Russell clarified that this fee is for the administrative actions to facilitate the hearing. ,-- I - Mayor Pro Tem Bender questioned page 2 of 6 in section 8.18.060 of the proposed ordinance where it reads ".....any other person deemed appropriate". He also inquired whether it was the intent to have more than one individual on the hearing board, and how hearing board is to be selected. Mr. Russell indicated that the board could consist of one or more Planning Commissioners. Mr. Molendyk clarified that the original proposal was for a Staff committee out of the City Manager's Office, however Council decided to utilize the Planning commission. He clarified that the intent would be to have two Planning commissioners serve on the hearing board, with staff as a back-up when two cannot attend. Mr. Russell concurred noting that two Commissioners will not always be available and the staff needs to ability to substitute as necessary. City Attorney Harper indicated that as written, this Ordinance would eliminate the ability for staff to serve on the hearing board, and clarified his interpretation of the previous action. Councilman Alongi noted that when Council was not available, staff substituted for them. City Attorney Harper explained his understanding of the previous procedure and questioned the ability for staff to serve. Chief Building Official Russell clarified that staff was used under the previous procedure. Mr. Harper indicated that staff could be used, depending on who is citing the nuisances. MOVED BY WASHBURN, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO TABLE THIS ITEM FOR FURTHER DISCUSSION BETWEEN THE CITY ATTORNEY AND THE CITY MANAGER. 32. Ordinance No. 995 Amendinq MuniciDal Code ChaDter 9.96.193 - More than One Fishing Pole. (F:92.1) - City Manager Molendyk explained that this Ordinance will bring City regulations into conformance with Fish & Game requirements. ~~~_~ ft~ ~.~_ ft_~~~~e~ ~~ ~~~~~_~ ~~ .~~~~ ~~~.~.~~_ ~~ PAGE EIGHTEEN - CITY COUNCIL KINUTES - FEBRUARY 14, 1995 ~UPON THE. FOLLOWING ROLL CALL VOTE: AYES: COUNCILHEHBERS: ALONGI, BENDER, BRINLEY, PAPB, WASHBURN I'~O~S: COUNCILHEHBERS: NONE ;'; ABSBNT: COUNCILHEHBERS: NONE ABSTAIN: COUNCILHEHBERS: NONE 33. 21st Year Community Develooment Block Grant Aoolication. __ (F:84.2) City Manager Molendyk explained this item and clarified that only a percentage of the funds are available for public service oriented requests, with the balance for public works proj ects . He noted the study Session held on January 31st and detailed the organizations requesting funds and their efforts in the community. He further detailed the proposed public works projects. KOVED BY WASHBURN, SECONDED BY PAPB TO APPROVE THB FUNDING AS RECOMHENDED BY STAFF AS FOLLOWS: Alternatives to Domestic Violence Assistance League of Temecula Valley (School Bell) Dept. of Community Action (County of Riverside) Helping our People of Blsinore (H.O.P.E.) Lake Community Center Rest Room Retro-fit swick/Katich Bxpansion $10,000 5,000 1,550 7,000 20,000 113,450 Councilman Alongi suggested a redistribution of the funds with Operation School Bell receiving $6,500, H.O.P.E. receiving $8,500 and Alternatives to Domestic Violence receiving $7,000. He stressed that these organizations all have shown the ability to serve the community and get the job done. He __ stressed the increased facilities H.O.P.E. has taken on at extra expense and the increase in services from Operation School Bell. He noted that A.D.V. receives a total of approximately $300,000 from governmental agencies. Mayor Pro Tem Bender concurred with Councilman Alongi, but noted that his proposal would have been for H.O.P.E. to receive the $8,750 they received last year, A.D.V. receiving $8,750 and Operation School Bell remaining at $5,000. He commented that H.O.P.E. is generally more closely tied to this Valley. He indicated that he would have no problem with the distribution proposed by Councilman Alongi. He noted that this support is based on the assumption that the total amount projected is received; or else a reduce amount would need to be prorated based on the portions allocated. Mayor Washburn commented that this discussion is really, how the dollars can be used most efficiently. He indicated that his approach would be to give $7,000 to Operation School Bell and $8,000 to H.O.P.E, with a reduction to the allocation for A.D.V. ~_____..!,____u___ _'.. PAGE NINETEEN - CITY COUNCIL MINUTES - FEBRUARY 14, 1995 MOTION TO ALLOCATE $6,500 TO OPERATION SCHOOL BELL, $8,500 TO H.O.P.E.,$7,000 TO ALTERNATIVES TO DOMESTIC VIOLENCE, $1,550 TO THE DEPARTMENT OF COMMUNITY ACTION, $20,000 TO THE LAKE COMMUNITY CENTER REST ROOM RETRO-FIT PROJECT AND $113,450 TO THE SWICK/MATICH EXPANSION. 34. Mariana Mohylyn, 305 W. Sumner, addressed the use of C.D.B.G. funds and questioned the benefit of the dollars allocated to the citizens of Lake Elsinore. She indicated that only 5% was allocated to an organization serving only Lake Elsinore. She suggested that $13,000 be allocated for her use in establishing a shelter for homeless women. Consideration of Initiatina an Amendment to the Historic Elsinore Overlay District Reauirements regardina Permitted Uses within Area 1. the Downtown (Section 17.11.030A of the Lake Elsinore Zonina Code) - Resolution No. 95-9. (F:172.1) -. - Councilman Alongi gave a brief overview of the history of the downtown area, and noted that there are presently 14 vacancies on Main Street. He stated that he felt that a contributing factor to that condition is the confusion of the owners regarding to the uses permitted in their buildings. He stated that he is not opposed to conforming to the colors and design to meet the design criteria specifically for the downtown area, but stated that the city has strayed away from the original design and noted the existing window signage which is not in conformance. He stressed that his the main concern is the fact that the property owners do not know what they can do with their properties. He noted that another problem is that it can take as long as three weeks to be heard by the Design Review Board, which keeps the potential business man from designing his business cards, setting up his checking account and advertising. Councilman Alongi stated that what he is requesting from Council is a direction for compatible use. He explained that what he has learned at a League of California cities session was what compatible use means, is what will bring people to the businesses on Main Street such as a shoe store or restaurant. He stated that something such as a pornographic book shop or a use which is not recognized as a use on Main Street should go before the Planning Commission. Councilman Alongi stated that he felt that a second hand clothing store did not belong on Main Street, however he does not oppose them. He noted that a paralegal wishes to open an office on Main Street and he questioned why he must make an application to the Design Review Committee. Mayor Washburn stated that it would be necessary for signage. Councilman Alongi stated that he does not oppose review of signage, but the signage can be applied for after they get their business license. He questioned the necessity for the applicant, who is a paralegal, to appear before the DRC and use up valuable staff time just to occupy an office building. Councilman Alongi stated that he felt that the parking issue should not be a problem on Main Street, as that is why the city spent three quarters of a million dollars in three parking lots. He submitted to the Council that the uses listed in section 17.11.030A be allowed to proceed without appearing before the L_ _, _ ___ _.. ~~ __ _ ,,_ _ '1_ __ _ __ _~..._...a..... '1_ _ ~ _ __ _ ..L....__ - PAGE TWENTY - CITY COUNCIL MINUTES - FEBRUARY 14, 1995 Councilman Pape asked if what Councilman Alongi was saying was that the way it is currently handled, the City is driving business away and lowering property values. Councilman Alongi stated as an example, if a book store wanted to go in on Main street and there are currently two other book stores, then that person would have to appear before the DRC and what he disagrees with is the fact that the business person must appear before the DRC to have them tell him it is a permitted use. He cited the paralegal, explaining that he can proceed with a business license, get all of his printing done, have his business cards made without appearing before the DRC and proceed with his business without loss of time or money, but on Main street he cannot. Councilman Alongi clarified that what he is saying is look at the permitted uses and allow those, if Planning thinks there is something wrong with a proposed business, then it can be brought before the DRC. - Councilman Pape expressed concern that there was a potential conflict of interest. He asked how many properties Councilman Alongi owns on Main street. Councilman Alongi stated that he had control of seven buildings, until the partnership was divided, and now he has control of one which is the building right next to City Hall. Councilman Pape asked if he owns the property across the street from Jo Fay Motel. Councilman Alongi stated that he does not own those properties. He pointed out that the Motel is not a commercial building and is not in the same district. councilman Pape stated that the property in question is in the District. Councilman Alongi reiterated that it is not in the Historic Downtown Overlay District. Councilwoman Brinley stated that during the time that she sat on the DRC there was a period of time that the applicant had to wait for the monthly meetings. She explained that the ...., purpose of the DRC was to address a unique area that is the Historical Downtown to make sure that there was compatibility in the area. Now the DRC is part of the Planning commission's duties and they meet twice a month which improves the time frame for consideration. Councilwoman Brinley stated that she felt that what the DRC does is give the business person the opportunity to realize what they are entering into. She explained that there are certain criteria and conditions that must be met and this gives the business person the opportunity to be made aware of these issues. She concluded that in order for the DRC to maintain its credibility and for the Downtown to maintain its integrity, she feels that it should remain as it is. She noted that the vacancies on Main street are partly created by the current economic times. Councilwoman Brinley commended Planning Commission for working with the people who are in business in the overlay District and stressed the good job that they are doing. She stated that she would like to see the DRC process remain with the Planning commission. Mayor Pro Tem Bender stated that he felt that the reason for putting the standards in place are appropriate and are useful to create an atmosphere of business in the downtown area to PAGB TWENTY-ONB - CITY COUNCIL MINUTES - FEBRUARY 14, 1995 - He noted that each one of those uses has a list of the businesses that are permitted uses for those zones. He explained that there is a third list within the District which has exceptions which are reasonable of which exclude some of the items which are on the list of permi tted uses. He suggested that a clearly defined list of the allowable uses be created for the Downtown District. He made note of the vacancies on Main street and pointed out that the economy does have a lot to do with it, since there are other shopping areas within the City which also have vacancies. Mayor Pro Tem Bender stated that he does agree with Councilman Alongi in regard to the fact that it could take two to three weeks to appear before the Planning commission since it does take time to develop the report. Mayor Washburn explained that the Overlay District takes precedence over the existing Code. City Attorney Harper explained that the intent for the DRC is to examine each use to determine whether or not it is appropriate for downtown. He cited as an example the comment that Councilman Alongi made regarding too many book stores or antique shops or whether a particular use, even through it might generally be approved in the zone, is compatible with the existing uses. He stated that DRC gets to decide that on a case by case basis. Mayor Washburn explained the process of decisions by the Design Review Committee. - Mayor Pro Tem Bender read section 17.11.030 of the Lake Elsinore Municipal Code as follows: 17.11.030 Permitted uses. - Those uses permitted within the "Historic Downtown Elsinore" Overlay District shall be those uses otherwise permitted in the underlying zoning. A. within Area 1 (as defined within the "Historic Elsinore" Design Standards), no new or changed use shall be permitted without the specific prior approval as to both type and location by the Design Review Committee (DRC). Among the considerations of the Design Review Committee (DRC) in determining whether a specific use will be permitted shall be the compatibility with surrounding uses, number and density of the same or similar existing uses within Area 1 and the input, if any, from other businesses in the area. - Mayor Pro Tem Bender asked if this meant that if the applicant is looking for a new use that is not permitted in that zoning, then they would have to appear before the DRC. City Attorney Harper stated that "new" means the use that is not presently on-going at that site. He explained that basically the purpose of that section was to "grandfather" in those uses currently on Main street that might otherwise be appropriate and to not require them to go to DRC for the obvious reason that the City would not tell them to leave. He ~ PAGE TWENTY-TWO - CITY COUNCIL MINUTES - PEBRUARY 14, 1995 granting the business license for signing the lease, if the business person knows that he can perform his business on that site and may not have to go to the DRC. He noted that they would be subject to the signage and all the other restriction within the Overlay District, but may not then have to go in front of the DRC to get permission to put in a use which is permitted by the zoning. city Attorney Harper stated that during his discussions with Councilman Alongi it was his understanding what is being suggested is the elimination of Sub Paragraph A, which states that if the applicant has a permitted use, regardless of what -- the DRC might have to say; whether its compatible with surrounding uses, number density, similar existing uses, that the use of the applicant would be allowed. He explained that this would be the elimination of Sub-Section A without eliminating the other design criteria. City Attorney Harper stated that there was lengthy debate and several Study Sessions before the adoption of section A, because that was the spectrum. He explained that the prevailing position was that while those who were in the Downtown at that time should be allowed to remain, any new use in a currently vacant building or change from a building that is currently being occupied, needed to be examined in light of the criteria in terms of compatibility, number and density. MOVED BY BRINLEY, SECONDED BY WASHBURN TO DENY THE REQUEST POR CONSIDERATION OF INITIATING AN AMENDMENT TO THE HISTORIC ELSINORE OVERLAY DISTRICT REQUIREMENTS REGARDING PERMITTED USES WITHIN AREA I, THE DOWNTOWN SECTION 17.11.030A OF THE LAKE ELSINORE ZONING CODE. Councilman Pape stated that the City has spent in excess of $6,000,000 over the last few years on the Downtown area and he felt that the city had quite an investment to protect to try and preserve the Historic Area. He noted that the Downtown -- Area looks nice both day and night, and explained that he does not feel that making changes on Main Street at this time is appropriate. Councilman Pape stated that he does not feel that the vacancies are due to applicants spending a few weeks going through a review process but rather the economic situation that the entire area is experiencing. Councilman Pape reiterated his concern that Councilman Alongi's property at 313 and 317 North Main Street are in the Historic Overlay District. Councilman Alongi accusing him of community. inquired conflict whether Councilman Pape of interest or cheating was the THE POREGOING MOTION CARRIED BY A VOTE OF 3 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE AND BENDER ABSTAINING. 35. AcceDtance of Planning Commissioner Resianation & ADpointment of Planning commissioner. (F:60.2) Mayor Washburn noted the resignation of commissioner Don Neff and commended him for his service to the Community. PAGE TWENTY-THREE - CITY COUNCIL MINUTES - FEBRUARY 14, 1995 MOVED BY WASHBURN, SECONDED BY BENDER AND CARRIED BY UNANIMOUS VOTE TO APPOINT KR. JAKES SANDS AS PLANNING CODISSIONER TO FULFILL THE UNEXPIRED TERM OF DON NEFF TO JUNE, 1996. CLOSED SESSION ,...... a. Lake Elsinore Associates vs. city of Lake Elsinore - Case #200767. THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 10:40 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 11:50 P.M. NO ACTION TAlCEN. THE CITY COUNCIL MEETING WAS RECESSED AT 11:50 P.M. THE CITY COUNCIL MEETING RECONVENED AT 11:55 P.M. PUBLIC CODENTS - NON-AGENDIZED ITEMS Mariana Mohylyn, 305 W. Sumner, expressed concern with the timing of the Closed Session. She further expressed concern for homelessness and stressed the need for the City to participate in the homeless program. She suggested the use of Community Development Block Grant Funding and offered to provide a shelter for homeless women in the second unit on her property at 305 W. Sumner. Mayor Washburn noted the limited amount of C.D.B.G. funds available for public service requests. CITY MANAGER COMKENTS - None. CITY COUNCIL CODENTS None. ADJOURNMENT MOVED BY ALONGI, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTB Ta ADJOURN THE REGULAR CITY COONCIL~ETING AT 12:01 A.x. /~:~-t: !1:f: KAYaR CITY OF LAICE ELSINORB AT;;ST: I \ \" CLERK -