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HomeMy WebLinkAbout07-13-1993 City Council MinutesMINIITES REGULAR CITY COUNCIL MEETING CITY OF LARE ELSINORE 31315 CHANEY STREET LARE ELSINORE~ CALIFORNIA TIIESDAY~ JOLY 13~ 1993 s****,e******te*a*******r*rr*rrr****~rrrrr~r*r:******r******r**• CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:01 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Winkler. ROLL CALL PRESENT: COUNCILM%MS3EE2S: fiLONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEI4BER5: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Development Manager Shear, City Planner Leslie, Community Services Manager Best, Engineering Manager O~Donnell, Manager of Special Projects Watenpaugh, City Treasurer Pape and City Clerk Kasad. PRESENTATIONS/CEREMONIALS A. Presentation - Hugh Walker. (F:56.1) Mayor Washburn commented on Mr, wal~ter's work during the County Centennial Ce3_ebratien planning and explained that Mr. Walker represented the City on ~he County's Centennial Commission. In addition, he noted the contributions of Mrs. Walker to the same work. He detailed Mr. Walker's ongoing contributions to the Community over a long period of time including business owner, Planning Commissioner, City Council Member and School Board Member. Mr. Walker thanked the Council for this recognition and noted that the Commission would continue to meet for approximately two more months in follow-up to the celebration. B. Lake Update Video. (F:92.1) Staff showed a video detailing the increasing use of Micro- organisms such as have been used in the Lake. PIIBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items and deferred to the appropriate time on the agenda: Item Nos. 10, 13, 21 and 22. PAGE TWO - CZTY COIINCIL MINOTE~ - JULY 13~ 1993 CONSENT CALENDAR The Pollowing items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 5, 7, 8, 9 and 10. MOVED BY CHERVENYo SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 4 TO 0, WITH WINKLER ABSTAINING TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Special Joint City Council/Redevelopment Agency Meeting - June 3, 1993. (F:44.4) b. Adjourned Regular City Council Meeting - June 15, 1993. (F:44.4) c. Adjourned Regular City Council/Redevelopment Agency Meeting - June 18, 1993. (F:44.4) d. Regular City Council Meeting - June 22, 1993. (F:44.4) e. Adjourned Regular City Council/Redevelopment Agency Meeting ° June 29, 1993. (F:44.4) 2. Received and ordered filed the Building Activity Report for June, 1993. (F:32.4) 3. Received and ordered filed the Code Enforcement Activity Report for June, 1993. (F:54.1) 4. Received and ordered filed the Ynvestment Report for June 30, 1993. (F:12.5) 6. Rejected and referred to Claims Administrator the Claim Against the City submitted by Amaro Construction (CL #93-13). (F:52.2) 11. Approved outlet Channel/Riverside County Flood Control District Request for Lease of Property; authorized staff to negotiate a lease for the City owned parcel, adjacent to Crowbar Wrecking, for a term to expire in 1996. In addition, the parcel is to be screened, fenced and meet any additional conditions currently placed on the business before the site is to be used. (F:68.1) 12o Approved Proclamation for State Tourism Month - July, 1993. (F:122.1) 13. Approved Public Hearing Date of July 27, 1993, for the followinge a. Specific Plan 92-3, Environmental Impact Report 92-1, General Plan Amendment 93-1 and Annexation No. 62 - Good Land Investment - The Western Company (K.S. Chen). (F:150.2) YTEMS PIILLED FROM CONSENT CALENDAIt 5. Warrant List - June 30. 1993. (F:12.3) Councilwoman Cherveny requested a breakdown and status of the Lake Enterprise Fund. Administrative Services Director Boone PAGE THREE - CITY COIINCIL MINIITES - JIILY 13~ 1993 advised that a memo was presented to Council for clarification and detailed the warrants issued relating to the Lake. Councilman Alongi inquired whether it would be possible to provide separate accounting for this fund. Mr. Boone indicated that he could provide a separate listing similar to that provided for Community Facilities District 88-3. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY A VOTE OF 4 TO 0 WITH ABSTAINING TO RATIFY THE WARRANT LIST AS PRESENTED. 7. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY A VOTE OF 3 TO 0 WITH WASHBURN AND WINKLER ABSTAINING TO GRANT A TWENTY FOUR MONTH EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 25171 AND TENTATIVE TRACT MAP 26459 WHICH SHALL EXPIRE SEPTEMBER 24, 1995, BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: FINDINGS - TENTATIVE TRACT MAP NO. 25171 & 26459 1. Substantial progress toward the development of this Tract Map has taken place. 2. Conditions have been added by the Engineering and Planning Departments to insure the development will not impact public health, safety and welfare 3. The project as proposed and conditioned is consistent with the Goals, Policies and Objectives of the General Plan. CONDITIONS OF APPROVAL FOR EXTENSION OF TIME FOR TENTATIVE TRACT MAP 25171 REVISED AND TENTATIVE TRACT MAP 26459 Plannina Division 1. Tentative Tract Map 25171 Revised and Tentative Tract Map 26459 are approved subject to the approval of General Plan Amendment 91-4 and Zone Change 91-6. 2. Tentative Tract Map 251717 Revised and 26459 will expire two (2) years from date of approval unless an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 3. Signage for this subdivision shall require City Permits. 4e Prior to the recordation of any final tract map, Councilwoman Cherveny indicated that she pulled items 7 and 8 to determine whether any fees were due the City on these projects. Administrative Services Director Boone indicated that there were no fees due. PAGE FOOR - CITY COQNCIL MINUTES - JIILY 13~ 1993 applicant shall have entered into a school impact mitigation agreement with the school district, or prior to recordation of any final tract map ~he project shall have been included within the formation of CFD 91-1 to be formed by School District at its cost, or annexed to CFD 91-1 to be formed by School District at its cost, or annexed to CFD 91-1 subsequent to its formation. City shall have considered the adequacy of the school facilities or available means of financing school facilities to meet the needs and demand of new development proposed in such tentative map to be approved by the Cityo 5. Street names within the subdivision shall be approved by the Planning Division. 6. Bicycle lanes and bus turnouts are to be provided subject to the requirements of the Community Services Director or his clesignee. 7. Provide fire buffer zone around entire tract perimeter and landscape for fire retardant and erosion control as required by the Riverside County Fire Department and the Planning Manager. 8o The applicant shall provide connection to public _ sewer gor each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 9. Trailers or mobile homes utilized during the construction phase of this project shall require a bond and be subject to approval of the Planning Manaqer or designee, prior to issuance of grading permit. 10. Tfie developer shall establish a Homeowners Association prior to Final Map to manage and impose fees to maintain all slopes, common areas, open space, private drainage facilities, grounds, private streets and any other common amenities. This association shall be established subject to current State laws and be subject to the approval of the City Attorney and Planning Manager or desiqnee who shall review all CC & R's and rules for their adequacy and completeness. The City Attorney shall review CC & R's, homeowners association documents and all documents to convey title to the FIOmeowners Association. 11. Subdivider shall record CC & R~s for the project prohibiting on-street storage of boats, motorhomes, trailers and trucks over one (1) ton capacitye CC & Ros shall also include screening any ground base disk and no roof-mounted or front yard disk shall be allowed. CC & R's shall be subject to the PAGE FIVE - CITY COUNCIL MINUTES - JULY 13~ 1993 approval of the Planning Manager and the City Attorney, prior to recordation o any deeds or final map. CC &°s shall be recorded prior to issuance of any Certificate of Occupancy for the units when developed in the future. 12. House plotting, architectural drawings, floor plans, landscaping and fences/walls shall require Minor Design Review approval prior to issuance of building permits. The model complex must provide off-street parking and one model must incorporate xeriscape landscaping with identifying signage. All standards of development and procedural steps in effect at the Minor Design Review submittal shall apply for this project. 13. Interim and permanent erosion control measures are required. The applicant shall bond 120~ for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. 14. Prior to issuance of any grading permit or buildinq permit, subdivider shall sign and complete and "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 15. All project mitigation measures, as specified by the adopted EIR and its mitigation monitoring program is required to be implemented into the project in accordance with the times specified in the mitigation monitoring program as amended by these conditions of approval. 16. A noise analysis to determine noise impacts of proposed Elsinore Ridge Road is required prior to final map. 17. Developer shall participate in a Mello-Roos financing District or other financing mechanism for the Railroad Canyon - Interstate 15 fire station facility. Proof of participation is required prior to Final Map. 18. Additional environmental review in accordance with the CEQA quidelines is required prior to Final Map approval for the construction of any off-site roads. 19. Prior to final map an agreement between State Fish and Game and the Army Corps of Engineers for section 1600 and 404 permits shall be obtained for impacts to the blue line watercourse and Mulefat Scrub habitat. 20. Prior to issuance of grading permits shall pay any required Stephen's Kangaroo Rat fees of the species habitat conservation program. 21. A focused spring survey to determine sensitive EAGE S2R - CITY COIIIJCIL MINIITES - JUL% 13~ 1993 plant species prior to final map is required. Future mitigation may include avoidance (site redesign), transplanting, purchase of occupied habitat, propagation programs etc..., and/or as xecoanmended by State Fish and Game. I£ redesign is required it shall come back to the Planning Commission. 22. A focused survey for the San Diego Horned Lizard and Orange Throated Whiptail prior to final map is required. Surveys for this species shall focus on ridge tops and canyon bottoms. Mitigation shall be that required by the California Department of Fish and Game. 23. Developer shall participate in any AB 939 City adopted ordinances for solid waste reduction. Areas shall be set aside within the tract for recycling drop off areas prior to issuance of final map. Desian/Aesthetic Ympact Mitiaatio» 24. Subject to a Geotechnical Report, consideration shall be given to cut slopes exceeding 2:1 slopes that minimize the number of 30 foot benches required. All slopes shall be contour graded subject ~o fhe approval of the Community Development Manager or his designee. All down drains wherever possible shall be diagonal along ~he face of slopes or colored concrete shall be used. A landscaping plan that minimizes stark cuts such as clustered plant groupings of ground cover, shrubs and trees shall be used. The planting pallet shall be reviewed by a biologist or native plant horticulturist in conjunction with the Riverside county Fire Department ancl the City's Landscape architect for the purpose of incorporating Riversidean Sage Scrub species. Improvements shall be installed prior to Certificate of Occupancy. 25. The parkways of Elsinore Hills Drive, Elsinore Ridge Road, East Cambern Loop and the loop street within Tract 24659 shall be landscaped in accordance with adopted City Public Right of Way landscape guidelines, and include a combination of ground cover, shrubs and trees. All street trees shall be a minimum of 24" boxe Ymprovements shall be installed prior to Certificate of Occupancy. 26. Prior to issuance of grading permit, the applicant shall pay required fees ~o the City gor implementation of the Mitigation Monitoring Programo 27. A11 streets with reversing curves shall be separated by a tangent, length of tangent to be approved by the City Engineer. 28. The minimum horizontal radius for local streets shall be 300 feet includinq East Cambern Loop. PAGE SEVEN - CITY COONCIL MINUTES - JULY 13e 1993 29. Eliminate "H" Street off site in Tract 26459. Make 11B" and "C" Streets loop streets on Tract 36459. 30. Lots 186, 187, and 188 in Tract 26459 shall be letter lots. 31. Lots 11171, 172, 173, 174, and 175 in Tract 25171 shall be lettered lots. 32. All major manufactured slopes exceeding 30-feet in height shall be contour graded. 33. All major manufactured slopes exceeding 30-feet in height shall provide room for bench drains. 34. The rear property line for all lots with rear yard slopes shall be moved two feet (2') away form the top of the slope. 35. A landscape maintenance easement shall be recorded prior to Final Map for the maintenance of all large sloped areas within individual lots. The maintenance of these slopes shall be the responsibility of the AOA. The developer shall install all landscaping in common areas and in common maintenance areas. 36. All major slopes outside the right-of-way for Elsinore Hills Road shall be maintained by the HOA. The City may, at its option, decide to maintain these slopes after reviewing the tract landscape plans. 37. Lots 17 and 18 on Tract 26459 shall be within the ~ract boundarye 38. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code prior to final map approval. 39. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52.030). Document can be obtained from the Engineering Department. 40. Pay all Capital Improvement and Plan Check fees (MUnicipal Code, Title 16, Chapter 16.34; Resolution 85-26). 41. Submit a "Will-Serve" letter to the City Engineering Department, from the applicable water district, stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. 42. Construct all off-site public works improvements per approved street plans (Municipal Code, Title 12). Plans must be approved and signed by the City Engineer prior to final map approval. PAGE EIGHT - CITY COIINCIL MINOTES - JIILY 13~ 1993 43. Pay all fees and meet requirements of encroachmen~ permit issued by the Engineering Department for construction of public works improvements (Municipal Code, Title 12, Chapter 12.08 and Resolution 83-78), 44. Street improvement plans and specifications shall be prepared by a Civil Engineero Improvements shall be desiqned and constructed to Riverside County Road Department Standards, la~est edition, and City Codes (Lake Elsinore Municipal Code 12.04 and 16.34)0 45. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 46. Arrangements for relocation of utility company gacilities (power poles, vaults, etc.) shall be the responsibility of the property owner or his agente 47. Provide fire protection facilities as required in writing by Riverside County Fire Department. 48. Provide street lighting and show lightinq improvements on street improvement plans as required by the City Engineer. 49. Submit Hydrology and hydraulic study for review and approval by City Enqineer prior to approval of final map. Developer shall mitigate any flooding and or erosion downstream caused by development of site and diversion of drainage, subject to Citg Engineer approval. 50. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District standards. 51. With the development of this site, all storm facilities shall provide tract and immediate downstream property owners with 100 year storm flood protection. 52. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds. 53. Provide Soils, Geology and Seismic Reports including street design recommendations. Provide final Soils Report showing compliance with preliminary and finish grade certification. 54. All lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 55. Developer shall provide No Parkinq and Street Sweeping Signs for streets within tract or pay a fee for installation by the City. PAGE NINE - CITY COUNCIL MINIITES - JULY 13~ 1993 56. Developer shall install blue reflective pavement markers in the street at all Fire hydrant locations. 57. Map shall provide for all local streets to have sixty foot (60') right-of-way with forty foot (40') curb-to-curb. Restricted local streets (cul-de- sacs) shall have fifty-foot with a three foot (3') utility easement on each side. 58. Desirable grade for local streets is nine percent (9~). The maximum grade of fifteen percent (15~) should only be used because of design constraints. 59. All utilities except electrical over 12kv shall be placed underground, as approved by serving utility. 60. Grading for this subdivision shall comply with the grading objectives and guidelines established in the Lake Elsinore Municipal Code. 61. Applicant shall obtain off-site drainage acceptance letters from affected adjacent property owners to be recorded prior to or with final map. 62. Minimum horizontal curve radius for secondary streets shall be 1,000 feet. 63. Applicant shall participate in an Assessment District for the design and construction of the Wasson Canyon Road circulation system prior to final map approval. If an Assessment District is not formed this applicant will be responsible for providing two (2) paved access roads to this tract as approved by the City Engineer. 64. Applicant shall cooperate with developers to the north and east for the desiqn and construction of Elsinore Hills Drive and Elsinore Ridge Road connection to Camino Del Norte, Cambern and Ramsgate. 65. The Geology Report submitted for the subdivision shall include: a) Identification of all faults to define potential hazards. b) Stability of man made slopes under either static or dynamic conditions. c) Differential settlement of engineered fills of significant thickness, as determined by geoloqist. 66. All existing utility easements through tract which interfere with development shall be relinquished prior to final map approval. 67. If right-of-way or easements are abandoned as part of this development, then adjacent property PAGE TEN - CITY COIINCIL MINUTES - JIILY 13~ Y993 affected by the abandonments must still have access to public maintained right-of-ways. 68. All open space and slopes except for public parks and schools and Flood Control District facilities, outside the public right-of-way will be owned and maintained by either a home owner's association os private property owner. 69. Developer shall contribute a pro-rata share for the design and construction for the proposed traffic circulation improvements recommended and as shown on Exhibit "S10 in Traffic Study prepared by Kahn, Kain and Associates in October 1990 prior to Final Map. 70e All improvement plans and tract maps shall be digitized. At certificate of occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info/Gis or developer to pay $1,000 per sheet for City digitizing. 71. Yf public improvements are to be constructed in phases, then a phasing plan must be approved by the City Engineer prior to building permitso 72. A National Pollutant Discharge Elimination System permit will be required of construction activity, underway or commencing after November 8, 1991, that would disturb five or more acres. The permit is to be obtained from the Regional Water Quality Control Board having jurisdiction. The owner shall provide the City with proof of his having filed a Notice of Intent with the Regional Board prior to issuance of grading or building permits. 73. Eliminate the indication of grading to accommodate stub road, but retain the easement right on east Cambern Road, 74. The owner shall provide the City with storm water pollution prevention plan per the Regional Water Quality Control for Natural Pollutants Discharge Elimination System (NPDES) prior to issuance of grading permit. 75. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed. 8, (F:160.2) MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY A VOTE OF 4 TO 0 WITH WINKLER ABSTAINING TO GRANT THE TWELVE MONTH EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 24618, WHICH SHALL EXPIRE FEBRUARY 27, 1994, BASED ON THE FOLLOWYNG FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIOAIS OF APPROVAL: FINDINGS - TENTATIVE TRACT MAP NO. 24618 - MORRISON HOMES Substantial progress toward the development of this PAGE ELEVEN - CITY COIINCIL MINIITES - JULY 13s 1993 Tract Map has taken placeo 2. The project as proposed and conditioned is consistent with the Goals, Policies, and Objectives of the General Plan. CONDITIONS OF APPROVAL FOR EXTENSION OF TIME NO. 2 1. Extension of time for Tentative Tract Map No. 24618 will expire one (1) year from date of approval unless an additional extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act and Title 16 of the Municipal Code. 2. The Tentative Tract Map shall comply with the State of California Subdivision Map Act and shall comply to all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by the Conditions of Approval. A precise survey with closures for boundaries and all lots shall be provided, per City Ordinance. Signage for this subdivision shall require City Permits. 5. A noise study must be submitted prior to Minor Design Review approval of the dwellings. Plottinq and decorative block wall for Ortega Highway, to ensure that the exterior and interior noise levels specified by the City's Code are provided for lots 6-15 through building construction and a sound attenuation wall. Standard hiqhway noise levels should be assured for the Sound mitigation plan. The City's Noise Ordinance must be met during all site preparation activity. 6. Street names within the subdivision shall be approved by the Planninq Division. 7. A geoloqic report with associated recommendations will be required for grading permits. All grading shall conform to the requirements of Section 16.11 of the Subdivision Ordinance and Chapter 70 of the Uniform Building Code. A temporary erosion control landscaping plan shall be approved prior to issuance of grading permit. Temporary erosion control landscaping shall be provided within 30 days of rough grading. The applicant shall bond 100% for materials and labor for one year. 8. Pay all Capital Improvement fees in effect at the time of issuance of building permit. 9o Prior to final approval of Tract Map 24618 the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or the bonds and agreement for said improvements, shall be submitted to the City, and all other stated conditions shall be complied withe PAGE TWELVE - CITY COtTNCIL MINUTES - JIILY 13~ 1993 10. Prior to Final Tract Map approval by the City Council, all lots within fhis subdivision shall conform to the minimum dimensional standards of the R-1 Zoning Districte 11. Prior to Final Map approval, applicant shall obtain off-site slope easements for grading from adjacent property owners, such easements shall be approved by the City Engineer and City Attorney and recorded. 12. Bond for drip or sprinkler irrigation system for sloped areas, prior to the issuance of a building permit. If a crib wall is proposed, the applicant shall be responsible for the landscapinq/irrigation for the height and length of the wall. A planting/irrigation plan shall be submitted and approved, prior to issuance of grading permit, subject tot he approval of the City°s Landscape Consultant and the Community Development Manager. 13. Building permits shall not be issued until proof of payment of school mitigation fee is presented ~o the City Building Division, 14. All of the improvements shall be designed by developeros Civil Engineer to the specifications of fhe City of Lake Elsinore. 15. Comply with all conditions of the Riverside County Fire Department. 16. Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD). The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 17e The Developer shall submit plans to Southern California Edison for a layout of the street lighting system. The cost of street lighting, installation as well as energy charqes shall be the responsibility of the developer and/or the association. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 18. Meet all requirements of Southern California Edison Company. 19. Meet all requirements of Southern California Gas Company. 20. Meet all requirements of General Telephone. 21, All trailers used during construction, mailboxes and signage shall be subject to Planning Division review and approval prior to installation. 22. The developer shall establish a Homeowners PAGE THIRTEEN - CITY COONCIL MINIITES - JULY 13~ 1993 Association to manage and impose fees to maintain all slope or common areas, open space, private drainage facilities, firebreaks, habitat areas, private recreational facilities and grounds, private streets and any other common amenities. This association shall be established subject to current State laws and be subject to the approval of the City Attorney and Community Development Manager or designee who shall review all CC & R's and rules for their adequacy and completenesso The City Attorney shall review CC & R's, homeowners association documents and all documents to convey title to the Homeowners Association. 23. Applicant shall submit and receive approval of landscape and irrigation plans for model homes (if such are desired), back-up wall areas, street trees and slope planting in accordance with the City Landscape Guidelines, prior to issuance of building permits. 24. Subdivider shall record CC & R's for the project prohibiting on-street storage of boats, motorhomes, trailers and trucks over one (1) ton capacity. CC & R's shall also include screening any ground base disk and no roof-mounted or front yard disk shall be allowed. CC & R's shall be subject to the approval of the Community Development Manager or his designee, prior to recordation of any deeds or final map. CC & R's shall be recorded prior to issuance of any Certificate of Occupancy for the units when developed in the future. 25. House plotting, architectural drawings, floor plans, landscaping and fences/walls shall require Minor Design Review approval prior to issuance of building permits. All standards of development and procedural steps in effect at the Minor Design Review submittal shall apply for this project. 26. Provide a decorative masonry wall along Ortega Highway at the pad elevation/property lines of those lots at a height consistent with a noise study acceptable to the Planning Division. Any wall over 8 feet high shall require Planning Commission approval. Other walls are subject to the review and approval of the Community Development Manager or designee prior to issuance of a building permit. Provide a combination 4 foot high decorative block wall with 2 feet wrought iron above, along Grandview A v e n u e, a n d o n northeasterly retaining wall at pad elevation, and on Trabuco Avenue, as appropriate, to preserve views (rather than using 6 feet of solid fencing). All other side and rear property line fencing shall be 6 feet high and meet the requirements of Section 17.14 and 12.23 of the Municipal Code. 27. Prior to issuance of any grading permit or buildinq permit, subdivider shall sign and complete an "Acknowledgment of Conditions" and shall return the PAGE FOURTEEN - CITY COIINCIL MINIITES - SOLY 13~ 1993 executed original to the Community Development Department, 28. Property line shall be at top of slopes with down slope areas to be maintained as indicated in Condition Number 22, with the exception of Grandview Avenue and Trabuco Avenueo 29. All exposed lights shall be shielded above the horizontal plane. 30. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code prior to the final map approval. 31. Dedicate underground water riqhts to the City (Municipal Code, Title 16, Chapter 16.53.030)a Document can be obtained from Y.he Engineering Departmento 32e All local streets shall have a 60 foot right-of-way with 40 foot curb-to-curb. Restricted local streets (cul-de-sacs) shall have 50 foot right-of- way with 36 foot curb-to-curb and a 3 foot utility easement on each side. 33. No single-family lots shall have ingress or egress to collector street or higher volume traffic streets, 34. Provide Soils, Geology and Seismic xeports including street design recommendatione Provide final Soils Report showing compliance with preliminary and finish grade certificatione 35. Pay all Capital Improvement and Plan Checlc fees. 36. Submit a "Will-Serve" letter to the City Engineering Department, from the applicable water district, stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. 37e Construct all public eaorks improvements per approved street plans (Municipal Code, Title 12). Plans must be approved and signed by tfie City Engineer prior to the issuance of building permi~. (Lake Elsinore Municipal Code 16.34). 38. Street improvement plans and specifications shall be prepared by a Civil Engineer, Improvements shall be designecl and constructed to Riverside County Road Department Standards, latest edition, and City Codes (Lake Elsinore Municipal Code 12.04 and 16.34), 39. Pay all fees and meet requirements of encroacfiment permit issuance by the Engineering Department for construction of off-site public worlcs improvements (Municipal Code, Title 12, Chapter 12e08 and PAGE FIFTEEN - CITY COIINCIL MIN[TTES - JDLY 13~ 1993 Resolution No. 83-78). All fees and requirements for encroachment permit shall be fulfilled before Certificate of Occupancy. 40. All compaction reports, grade certification, monument certification (with tie-notes delineated on 8-1/2" x 111° mylar) shall be submitted to Engineering Department before final inspection of off-site improvements will be scheduled and approved. 41. Applicant shall obtain necessary off-street easements for off-site grading from the adjacent property owners prior to final map approval. 42. Provide fire protection facilities as required in writing by Riverside County Fire Department. 43. Provide street lighting, show lighting improvement on street improvement plans, as required by the City Engineer. 44. Individual lot drainage shall be conveyed to a public facility or accepted by the adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 45. Hydrology and Hydraulic Study shall be submitted, reviewed and approved by the City Engineer and Riverside County Flood Control District prior to final map approval. 46. Al1 major drainage facilities in this tract shall be constructed to Riverside County Flood Control Standards and agreement entered into with the District for construction, ownership and maintenance. 47. All storm facilities shall provide tract and downstream property owners with 100 year storm flood protection and developer shall mitigate any flooding and/or erosion downstream caused by development off-site and diversion of drainage. 48. Applicant shall obtain any necessary Cal-Trans permits and meet all Cal-Trans requirements for right-of-way dedication and construction on Ortega Highway. 49. Contribute $102.00 towards the City's Master Entryway Sign Proqram. 50. Prior to the Final Map recordation, a subdivision agreement shall be entered into with the developer(s), owner (s) , and the city. 51. Applicant shall post required bonds for public works improvements as established for the project by the City Engineer prior to final map approval. 52. Developer shall contribute $6,000.00 towards the PAGE SIXTEEN - C%T% COIINC%L MINIITE~ - JULY 13s 1993 design and construction of a~raffic signal at Grand Avenue and Macy Street. The development will increase traffic at the intersection at least 4~ and should contribute 4% towards construction. 53. Provide sufficient dedication along western tract boundary for Grandview riqht-of-way of 66 feete 54. Grandview alonq tract boundary shall be improved to provide a parking lane and two travel lanes (32 feet). Off-site from Aalf Moon Drive to Laguna Avenue, Grandview shall be improveci to provide a parking lane and two travel lanes (32 feet). 55. Applicant shall agree to enter into an assessment district for the cost sharing for construction of the Ortega Channel and major drainage laterals. 56. Approval of drainage plans for this subdivision is conditioned upon completion of the master plan drainage facility required as a condition of approval for Tentative Tract Map 20139 to serve this proposed subdivision. If tract 24618 is constructed prior tot he completion of the Orteqa Channel, then this developer shall construct the permanent storm drain improvement under Grand Avenue and enter into an agreement with developer of Tract 20139 for appropriate reimbursement. 57. Developer shall extend the Ortega Channel lateral in Grandview to the southerly tract boundary and will be entitled to reimbursement through the assessment district. 58. Annexation to the City's Landscaping and Lighting District is required prior to approval of final map, 59. All improvement plans and tract maps shall be digitized, At Certificate of Occupancy, applicant shall submit tapes and/or discs which are compatible with the City's ARC Info/GIS or developer to pay $1,000 per sheet for the City digitizingo 60. If grading exceeds 50 cubic yards, grading plans shall be prepared by a Civil Engineer and approved prior to final map approval. Prior to any grading, the applicant shall obtain a grading permit and post appropriate security. 61. The owner shall provide the City with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for Natural Pollutant Discharge System Permit prior to issuance of grading permits. 62. This map is to be developed in one single phase. 63. Developer shall provide No Parking and Street PAGE SEVENTEEN - CITY COONCIL MINOTES - JULY 13~ 1993 Sweeping Sinqs for streets within tract or pay a fee for installation by the Citye 64. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 65. The owner shall provide the City with storm water pollution prevention plan per the Regional Water Quality Control Board for Natural Pollutants Discharge System (NPDES) Permit prior to issuance of grading permit. 66. Applicant to process a Letter of Map Revision (LOMR) for the Flood Insurance Rate Map (FIRM) for storm drain improvements which will be or have been installed as part of this tract. The LOMR shall be submitted to the Federal Emerqency Management Agency (FEMA) prior to building permit issuancee 9. (F:160.2) City Manager Molendyk indicated that some fees are currently due on this Map and the applicant has been contacted for payment. He recommended continuance to July 27, 1993. Mayor Washburn indicated he would concur with this recommendation with the provision that there would be no penalties if the time lapses in the meantimee MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY A VOTE OF 4 TO 0 WITH WINKLER ABSTAINING TO CONTINUE THIS ITEM TO JULY 27, 1993. 10. Final Extension of Time for Tentative Tract Man No. 19344 (C/W Asset Management, Inc.) Serenitv Tract - Corvdon Road. (F:160.2) Mayor Washburn indicated that he had pulled this item because he had requests to speak. Robert Reinin, 1425 W. Foothill Blvd., Upland, expressed concern with outstanding conditions identified during the transfer of title from Crowell Industries. He suggested a condition for resolution of the concern. Mayor Washburn noted the memo received from staff regarding this issue of ownership. City Manager Molendyk suggested continuance to allow the questions to be addressed. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY A VOTE OF 4 TO 0 WITH WINKLER ABSTAINING TO CONTINUE THIS ITEM TO JULY 27~ 1993. APPEAL 21. (F;21.1) PAGE EIGHTEEN - CITY COIINCIL MINOTES - JIILY 13s 1993 City Manager Molendyk explained this appeal and noted that the residents feel, based on ~he existing development, the R-1 zoning designation is more appropriate for the areao Mayor Washburn noted that he had requests to address this item. City Planner Leslie detailed fhe staff report. Mayor Washburn requested clarification of the existing zoning. Mr. Leslie indicated that it was currently zoned R-2, however it is a predominantly single-family residence neiqhborhood. Mayor Washburn noted that this is a combination of lots extendinq from Chaney Street to Fran~lin Street; and the project would be on septic rather than sewer systeme Councilwoman Cherveny inquired whether a"perk" test had been done on this site. Mr. Grage indicated that a perk test was done and the property passed. Councilwoman Cherveny questioned the General Plan designation of "Specific Plan", and whether this plan would all be done at one time, and whether other such developments would occur. Ci~y Attorney Harper clarified the planning process and the potential alternatives gor the Specific Plan. Councilwoman Cherveny inquired whether this proposal would be considered inconsistent with the General Plan. Mr. Leslie indicated that with the ~~Specific Plan10 designation the ultimate use was still somewhat open. City Attorney Harper clarified that a significant issue is whether the zoning and general plan are compatible. Leon Strigotte, 216 Chaney Street, defailed the original knowledge of work on this property and advised that requests were submitted to the Planning Department for notification of the proposed projecto He further advised that notice was not received except through the Planning Commission agenda. He indicated that he has met with the property owner, and while they are nice people, the project is not compatible with the surrounding properties. He stressed that all other properties in the neighborhood are single-family residences. He further stressed that the final plan for Chaney Street is not known. He also stressed the traffic and density concerns in the overall area which have not been mitigated. Denise Tompkins, 218 Chaney Street, concurred with the comments of Mr. Strigotte and noted a petition circulated which opposed the project. She presented additional comments of opposition from an approximately six block area for the record. Nido Ryal, 223 Chaney Street, appellant, explained the location and traffic concerns in the area of the project. He stressed the unknowns of the ultimate Chaney Street alignment and the concerns with high density development. He noted a higher density development near the elementary school and expressed concern with ~he related crime. He also noted the affected residents present in the audience and requested Council°s favorable consideration. Ray Grage, 110 S. Main Street, representing Mr. & Mrs. Terrebonne, expressed surprise with the level og opposition to PAGE NINETEEN - CITY COIINCIL MINOTES - JIILY 13, 1993 this project, He noted revisions made to address the concerns of the residents and meetings with the residents. He indicated that there are four lots involved in this project and compared the density to the existing single-family residences. He detailed the work which had occurred over the last year and information received from City staff in support of this proposal. He stressed changes such as the removal of second story windows, etc. to accommodate the existing neighbors. Mayor Washburn asked the residents how many would support this project if it appeared to be more single-family oriented with access on both Franklin Street and Chaney Street. He further asked whether the owners would use this property as a rental. The applicant indicated it would be a rental, and further commented that they are not spending their funds to see the property deterioratee Councilwoman Cherveny expressed concern that this proposal is not consistent with the surrounding developments. She commented that rentals do not have the same pride of ownership. She indicated she would see more "estate" type homes in this area. Councilman Alongi reminded Councilwoman Cherveny that her modular home was not consistent with the area when she moved it in. He stressed that the project meets the requirements of its zoninq. He noted a similar concern on a project he built and stressed the importance of not prejudicing the understanding of rental property and its care. Councilman Winkler commented that in reading this report he had to consider whether he would want such a development next door to him; and decided he would not. He indicated that he would prefer a larqer master planninq effort in this area, rather than a piecemeal approach. He indicated that the policy makers can not be held responsible for the opinions provided by staff. Mayor Washburn suggested that this project was a catalyst to bring the area into focus. He expressed concern that this project would be inconsistent infill, and suggested that staff address it as such. He noted that problems such as this are not always a zoning issue as much as design issues. Ae indicated that he would like to see consideration in the next year or so for budgeting improvements such as curbs, gutters and sidewalks on Chaney. He noted the difficulty of this question. Mayor Pro Tem Dominguez commented on the original zoning of this area and suggested it might be appropriate.to update the general plan for this area. MOVED BY WINKLER, SECONDED BY CHERVENY TO OVERTURN THE PLANNING r COMMISSION APPROVAL OF MINOR DESIGN REVIEW PROJECT NO. 93-3 AND DENY WITHOUT PREJUDICE; AND REQUESTED THAT STAFF LOOK INTO THE PENDING SPECIFIC PLAN. Mayor Washburn noted that there would seem to be other alternatives to accomplish the applicant's goals as well as PAGE TWENTY - CITY,COiJNCIL MINUTES - JIILY 13~ 1993 the homeowners~ wishes. Mayor Pro Tem Dominguez suggested that this denial be without prejudice to allow further revisions without new fees. Mayor Washburn concurred he would want it without any new fees. Councilman Alongi indicated that the foregoing motion would not be fair to the builder/owner. He suggested ~hat if it is zoned properly the owner has the right to build. He sympathized with the residents, but indicated that the project as proposed was legally acceptable. He indicated that this action would downgrade the value of the property. iie questioned the impact on the owner's project of waiting for ~he specific plan. Mayor Washburn indicated he could be working on ~he plan in the meantime. Mayor Pro Tem Dominguez inquired whether there would be a time limit. Mayor Washburn indicated that staff could e~cpedite it. Councilman 6~7inkler indicated that he would like staff to return with a report on the status of the specific plan and the possible timing. THE FOREGOING MOTION CARRIED BY P, VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE, BASED ON THE FOLLOWING FINDINGS: FINDINGS 1. The project as proposed does not comply with the goals and objectives of the General Plan. 2. The project as proposed cloes not adequately comply with the design directives contained in Section 17.82.060, Scope of Design Review, of the City Zoninq Code, in that it is not consistent with existing surrounding development, PUBLIC HEARINGS 22. 1993-94 Fiscal Year Budaet - Resolution No. 93-36. (F:30.1) City Manager Molendyk detailed the report and explained the impact of State subventions from the City and Redevelopment Agency funds. He indicated that the budget as presented is balanced. He detailed the general revenue and its sources, the Cost Recovery System, non-recurring revenues, sales tax increases, etc. He noted that in 1990 the City had 71 employees and now in 1993 the City has 55 employees despite the continuing increase in population. He also noted the increase in sheriff's officers employed by the City during the same period. He recommended adoption of the General Fund Budget as presented and commented on the one-time revenues and the long list of possible uses. Mayor Washburn noted the graph regarding City Employees and Sheriff's Department and indicated the graphs were helpful in explaining the status. Councilwoman Cherveny questioned the $267,000 in one time funds used to balance the budget. Mr. Molendyk indicated that was separate from the $500,000 in one time dollars. PAGE TWENTY-ONE - CITY COUNCIL MINIITES - JOLY 13, 1993e Councilman Winkler noted that the budget is a roll-over with less money. He recommended adoption of the Resolution. Mayor Washburn opened the public hearing at 8:18 p.m. Kelly Rockwell, 521 Lake Street spoke in support of the "Kids on Track" program. She stressed the importance of providing a constructive environment to help keep the kids from gang and other negative activities. She indicated that parents can not always be there for their children and this program helps supplement. Andre Smith, 15293 Windjammer, supported the ~~Kids on Track1° program and the potential for kids to become involved in gangs. He stressed the need to take preventative action by takinq the kids off the streets. Mayor Washburn closed the public hearing at 8:22 p.m. MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO APPROVE RECOMMENDATION #1 AND ADOPT RESOLUTION NO. 93-36; AND REGARDING THE $500,000 OF ONE-TIME REVENUES, CONTINUE THE CONSIDERATION OF THESE FUNDS FOR ONE MONTH WITH THE EXCEPTION OF THE $76,000 FOR THE KIDS ON TRACK PROGRAM. RESOLUTION NO. 93-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA~ APPROVING AND ADOPTING THE BUDGET FOR FISCAL YEAR 1993-94 AND APPROPRIATING THE FUNDS NECESSARY TO MEET THE EXPENDITURES SET FORTH HEREIN. Councilman Alonqi concurred with Councilman Winkler regarding the importance of the kids on tract program, however, he requested discussion of the rest of the $500,000 too. He indicated if it was not discussed he was willing to go through the proposed budget paqe by page to find possible cuts. He expressed concern that the proposed list for the $500,000 included nothing for housing and he would like some included. xe indicated ~A9~p~~ like to see at least for housing and he would not support the Century Perimeter Fencing. City Manaqer Molendyk noted that in addition to the items listed, the $2.6 million in the Redevelopment Agency budget would also be carried over for discussion. He suggested it might be helpful to add to the list with item such as Heald/Ellis Housing -$200,000 and Heald/Spring Property $700,000 as requested by Mayor Pro Tem Dominguez. He noted that the final funding of projects would be subject to Council concurrence. Mayor Washburn indicated that he would like to adopt the budget with the $500,000 used for the Contract Senior Planner, City Facilities, Additional training/Planning Commission, Upgrade/New Computers, Charity Groups, Police - Additional Overtime, and Consultant - Housing Programs; listed as items 1 through 7 on Exhibit A, with the Methodist Church (item #8) being moved into the Redevelopment Agency Budget. PAGE TWENTY-TWO - CITY COIINCIL MIN[JTES - JIIL% 13~ 1993 He then suggested moving Kids on Track into the funded projects with the remaining $108,000 being field in reserve fox consideration with the $2,6 million reserved in the Redevelopment Agency budgete He fur~her concurred that Heald/Ellis, Heald/Spring and Nashland should be added to the list. Councilwoman Cherveny suggested that the $108,000 be added to the police overtime to help implement the crime support group and hire security guards with cars to patrol gor 8 hours per day from 10 a.m. to 6 p.m. to provide extra eyes and ears in the community. She stressed that this will help to reduce the crime and she would really like the budget amended to include something gor public safety. She indicated that this type of additional patrol had been very successful in Sun City. Mayor Washburn concurred that it could be used for augmenting police through private security and suggested that private security might be a better approach with one-time money. Councilwoman Cherveny addressed the use of Community Service Officers which would require four for two on the street. She stressed the need for more coverage with eyes and ears on the street. Councilman Winkler expressed concern with this use since it is one time money and personnel would need to be hired and possibly let go in a few months. He stressed the benefit of tearing down buildings, which has been seen by the Sheriff's Department. He indicated that he would particularly address X and other areas. He suggested that this decision be postponed until after the Stadium is discussedo Ae indicated that these one-time dollars should be addressed as a package with the exception of the Kids on Track Program which involves continuation o£ existing personnel. Councilwoman Cherveny agreed that abatement has an impact, but indicated that security would address more of the Communityo She noted the Outlet Center and Walmart revenues that will support this program in the future. She indicated that she felt that $500,000 was a minimal request. Councilman Alongi commented that he understood Councilman Winkler's position on one time money, but stressed that it should go where it does the most good and produces for the City. He indicated that he understood the concerns with Nashland, but stressed that it is someone else's problem. Councilwoman Cherveny suggested that Nashland should be addressed in the Redevelopment Agency budget, and indicated she would have no problem looking at those areas with the $2.6 millione Councilman Winkler suggested that it would be better to address this in one month when more information is available. Mayor Washburn indicated he would argue against the motion with regard to the $500,000 in that the charity groups have waited long enough and other things are needed. PAGE TWENTY-THREE - CITY COIINCIL MINOTES - JIILY 13~ 1993 THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 1 WITH CHERVENY CASTING THE DISSENTING VOTE. BUSINESS ITEMS 31. Consolidation of Future Citv Council Elections. (F:72.1) City Manager Molendyk explained this item as proposed by the City Treasurer. He noted that in light of the State budget cuts this is one area to save money. MOVED BY CHERVENY, SECONDED BY ALONGI TO REJECT CONSOLIDATION OF FUTURE ELECTIONS. Councilwoman Cherveny noted the previous discussions of this recommendation, primarily the importance of maintaining focus on City issues. She indicated that while she appreciated the proposed cost savings, she felt it was necessary to retain the focus. Mayor Pro Tem Dominguez commented on previous April Elections and the momentum of other elections. Mayor Washburn commented on previous attempts to increase voter turnout such as extended pollinq hours. He indicated that it would appear those interested will vote, but changes in the process don't seem to have an impact. He stressed the importance of looking at the future and rememberinq that cities will have less and less money. He indicated that he didn't feel it would impact the overall politics. Councilwoman Cherveny stressed the previous comments and the importance of finding what best serves the Community. Councilman Alongi indicated that he felt the elections should remain in April and suggested that $13,000 is not that much money. He stressed the increasing uniqueness of the Community and the potential for more issues to be decided by the voters. He indicated that he feels the people will vote no matter what. He suggested that the Council wait a few years to determine the direction the voters are going. THE FOREGOING MOTION FAILED TO CARRY BY A VOTE OF 2 TO 2 WITH DOMINGUEZ AND WASHBURN CASTING THE DISSENTING VOTES AND WINKLER ABSTAINING. Councilman Winkler indicated that he needed more comparative information on voter turnouts. MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY A VOTE OE 3 TO 2 WITH ALONGI AND' DOMINGUEZ CASTING THE DISSENTING VOTES TO BRING THIS ISSUE BACK IN 30 DAYS. 32. Sheriff Contract - Facilitv Charges. (F:127.2) City Manager Molendyk explained that this item was continued to confirm property ownership and detailed the request. He noted that this item was included in the proposed budget. MOVED BY CHERVENY~ SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS PAGE TWENTY-FOUR - CIT% COLTNCIL MYNIITES - JIILY 13e 1993 VOTE TO APPROVE THE REQUEST AND AUTHORIZE PAYMENT OF THE $33,939.20. 33. Fire Protection Agreement - Fiscal Year 1993-94, (F:68.1)(X:127.3) City Manager Molendyk advised that this item was continued at the last meeting to allow for finalization of the budget. He noted that this item was included in the probosed budaet_ MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE SECOND AMENDMENT TO THE JULY 9, 1991 AGREEMENT AND AUTHORIZE THE MAYOR TO SIGN THE AGREEMENT. 34. Councilwoman Cherveny questioned condition #36 and wfiether Walmart would include the tile treatment as well. Mr. Leslie indicated it would be addressed later. Councilwoman Cherveny inquired whether condition #18 looked to the developer for the landscaping or to Walmart. Mr. Leslie indicated that it would look more to the developer, but since it also impacts Walmart they would also be involved. Councilwoman Cherveny expressed concern with the maintenance of the landscape after the center is complete and questioned the City's ability to abate problems and charge back for the services. She indicated she would like this matter conditioned further. City Attorney Harper suggested drafting a reciprocal easement agreement ~o address this issue. He noted that the problem of collecting the reimbursement sti11 exists. Councilwoman Cherveny inquired whether these charges could be added to the tax rolls. Mr. Harper indicated that it could be added as a condition, but it might put the City in the position of maintaining private propertyo Mayor Pro Tem Dominguez inquired whether transportation had been addressed, like bus bench placement. Mr. Leslie indicated tha~ it was probably addressed in the Specific Plan and he would need to check. City Attorney Harper indicated that this could also be a condition. Mayor Pro Tem Dominguez questioned the provision of Automatic Teller Machines and suggested that if they will have one, it be placed inside the store. Mr. Leslie indicated that this would be addressed as a vending machine. City Attorney Harper commented that many ATM companies are reluctant to place them outside. Councilman Alongi addressed the landscaping and requested something to require maintenance. Mr. Harper indicated that it may already be addressed through CC & R's. Mr. Alongi further indicated that he would not want the parking areas restricted for individual stores. He also indicated that the Air Conditioning units could be screened very easily. He expressed concern with the facade and stressed the good City Planner Leslie detailed this project and the associated site plans, conditions and landscaping. PAGE TWENTY-FIVE - CITY COIINCIL MINIITES - JIILY 13~ 1993 appearance of the Outlet Center. He sugqested that this center should be the same way. Mayor Washburn noted Planning Commission discussion of similar issues. Councilwoman Cherveny noted the middle shops which show a fancier overhang. She indicated that this should continue to Walmart as it presents a better image. City Manager Molendyk noted that the continuation of the overhang would help to shelter the handicap parking areas from rain and heat. Councilwoman Cherveny suggested that areas awaiting construction be landscaped. She expressed concern with the roof top equipment and noted that a solution was found for the Outlet Center. She indicated that Condition #38 addressed another of her concerns and requested tough enforcement of that condition. She further requested the addition of Condition #42 for an agreement regarding landscape maintenance. City Manager Molendyk noted concerns with the machines, rides etc, in front of stores and stressed that they are not approved as part of the plan being considered. Mayor Washburn suggested that Condition #38 also address racks for shopping carts and questioned the phasing of this project. Mr. Leslie indicated that it would be built in two phases. Mayor Washburn questioned the impact of the phasing on the landscaping requirement. Councilwoman Cherveny suggested that at least perimeter landscaping be in place. The applicant concurred with this approach. Mayor Washburn expressed concern with the need for enhancements on the side of the building. He indicated that the mansard and screening of the Air Conditioning units would help. Councilwoman Cherveny suggested that line 2 of condition #38 be deleted. Mayor Washburn stressed the need for Community Development Director involvement in the process. He suggested the addition of "storaqe of carts" be included in the condition. Councilman Alongi indicated that it would be better to say "cart storage inside only". Mayor Washburn requested the addition of Condition #42 "Establish Reciprocal landscape maintenance easement, with City ability to enforce". Mayor Pro Tem Dominguez requested Condition #43 to require coordination of bus benches and related matters with Riverside Transit Agency. Councilwoman Cherveny requested Condition #44 requiring perimeter landscaping. Councilwoman Cherveny questioned the proposed name of the center and inquired whether it could be Lake Elsinore City PAGE TWENTY-~I$ - CITY COONCIL MINOTEB - JOLY 13a 1993 Center rather than Elsinore City Center. The applicant concurred ~his would be appropriate. Glen Dagel, Project Architect, 12620 High Bluff Drive, San Diegoo indicated that this project is on a fact track and the goal is to start construction on September 27th, with opening in Spring of 1994. He stressed the need for this approval to allow for submittal of plans. He indicated that all design issues have been addressed and any minor modification will follow the specific plan. John Baker, architect commented that he has been involved in developing the plans since 1990 to address a variety of possible major tenants, He noted particular design aspects and the intent to work with smaller major tenants to provide better visibility within the center. He stressed the Walmart prototype and the limited ability to modify i~. He further stressed that this plan has been modified more than any other facility. He addressed the air conditioning unit screening and indicated that the view would be minimal from Tuscany Hills or the I-15 freeway due to the distances involved. He indicated that the only solution would be to raise the height of the roof to screening the units and expressed concern with the additional costs. City Manager Molendyk questioned the increase in costs. Mr. Baker indicated it would be approximately $1.50 to $2.00 per square foot. City Manager Molendyk commented on Council discussion and the fact that only one wall will be fully visible, and stressed the Council conditions and requests. Mr. Baker indicated that he will need to go back to Walmart representatives for approval. He further indicated that he has no information regarding the vending machine issue, however he indicated that he could see enforcement problems after the fact. City Manager Molendyk indicated that the Council is saying they don°t want the machines at all. Mr. Baker indicated that would need to be addressed by the owner. Mr. Baker noted the discussion of rooftop equipment and indicated they were not sure whether they would house it or not and stressed the distance and limited visibility. He indicated that he was not certain of a solution other than a second roof. Mayor Washburn stressed the efforts required of the architect and the need to address specified points, He noted that the City has successfully imposed changes in corporate prototypes in the past and would intend to do so on ~his project. He stressed the Council's concern for a quality project. City Manager Molendyk commented that with the Outlet Center it was indicated that the concerns with the air conditioning units should have been mentioned earlier as they could have been solved through design and sinking them into the roof structure. He stressed staff's efforts to resolve this concern up front. Mr. Daqel indicated that the roof is already as low as it can gete Councilwoman Cherveny stressed the importance of getting the best product for the Community and for the investment by the PAGE TWENTY-SEVEN - CITY COIINCIL MINIITES - JDLY 13~ 1993 City. She indicated that she would want "the best" Walmart. Mayor Washburn indicated that there were three options, 1) continue the project, 2) approve and work with them on the plan or 3) request and amendment of the specific plan, noting that the specific plan addresses architecture. Councilman Alongi stressed the need Dagel indicated he noted the assistance being to screen the air conditioning would agree to the condition. provide and units. Mr. Mayor Washburn indicated that Council can decide and allow Walmart time to consider. Mr. Dagel questioned the alternative allowing the quickest action. Mayor Washburn indicated approval with appropriate conditions. MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE COMMERCIAL PROJECT NO. 92-2 BASED ON THE EXHIBIT "a" PACKAGE, THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL WITH CONDITION #38 AMENDED TO INCLUDE "STORAGE OF SHOPPING CARTS" AND THE INCLUSION OF ADDITIONAL CONDITIONS 42, 43 AND 44 AS REQUESTED BY COUNCIL. FINDINGS - COMMERCIAL PROJECT 93-2 Subject to the attached Conditions of Approval and the Mitigation Measures contained in the certified Environmental Impact Report No. 92-3 for the site, the proposed project is not anticipated to result in any significant adverse environmental impacts. The project, as proposed complies with the Goals, Objectives and Policies of the General Plan, the Elsinore City Center Specific Plan, and the Zoning District in which it is located. 3. This project complies with the desiqn directives contained in the Elsinore City Center Specific Plan. Conditions and safequards pursuant to Chapter 17.82.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17.82 and the Elsinore City Center Specific Plan. PLANNING DIVISION CONDITIONS 1. Design Review approval for Commercial Project No. 93-2 will lapse and be void unless building permits are issued within one (1) year of Planning Commission approval. An extension of time, up to one (1) year per extension, may be granted by the Community Development Manager prior to the expiration of the initial Design Review approval upon application by the developer one (1) month prior to expiration. 2. These Conditions of approval shall be reproduced PAGE TWENTY-EIGHT - CITY COtJNCIL MINUTES - JULY 13~ 1993 upon Page One of Building Plans prior to their acceptance by the Division of Building and Safety. 3. All site improvements shall be constructed as indicated on the approved site plan and elevationso Revisions to approved site plans or building elevations shall be subject to the discretion of the Community Development Manager. All plans submitted for Building Division Plan Check shall conform with the submitted plans or as modified by Conditions of Approval, or the Planning Commission through subsequent action. 4e Materials and colors depicted on the materials board shall be used unless modified by the Community Development Manager or his designee. 5o Applicant shall meet all conditions of approval prior to the issuance of a Certificate of Occupancy ancl release of utilities, 6. Applicant is to meet all applicable City Codes and Ordinances including State handicap requirements. 7. Meet all Riverside County Health Department requirements. 8. Meet all Riverside County Fire Department requirements. 9. Project must meet all requirements of Cal-Transo 10. No outdoor storage (except enclosecl outdoor tire storage area as presented on approved Wal-Mart Plans) shall be allowed for any tenant. 11. Trash enclosures shall be constructed per City standards as approved by the Community development Manager or designee, prior to issuarzce of Certificate of Occupancy, 12. All roof ladders and electrical panels shall be located within the interior of the building or in specially designed areas concealed from public right-of-way view. 13. Applicant shall use roofing materials with Class "A" fire rating. 14. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened so that they are not visible from neighboring property, public streets, and the I-15. Screeninq plan shall be approved by the Community Development Atanager or designee, prior to issuance of building permit. 15. All exterior down-spouts shall be constructed witlain the interior of the building or concealed from public right-of-way view. PAGE TWENTY-NINE - CITY COIINCIL MIN[JTES - JIILY 13~ 1993 16. Bicycle racks shall be provided adjacent to major commercial uses. Placement, design and quantity shall be indicated on the final landscapinq plan, and subject to the approval of the Community Development Manager or designee, prior to the issuance of building permit. 17. The parking lot landscaping designs shall provide at least one (1) twenty-four-inch (24") tree for every ten (10) spaces with planter box to be staggered every row, and subject to the approval of the City's Landscape Architect and Community development Manager or designee. 18. The final landscaping/irrigation plan is to be reviewed and approved by the City's Landscape Architect Consultant and the Community Development Manager or designee, prior to issuance of buildinq permit. A Landscape Plan Check fee will be charged prior to final landscape approval based on the consultant~s fee plus forty percent (40~). a) All planting areas shall have permanent and automatic sprinkler system with 100~ plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of forty feet (40') (Per the Elsinore City Center Specific Plan) apart and at least twenty-four- inch (24") box. On areas where screening, is necessary trees shall be at least thirty -six- inch (36") box size. c) All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. d) Planting within fifteen feet (15") of ingress/eqress points shall be no higher than thirty-six inches (36"). e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscapinq plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City~s adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded PAGE TH%RTY ~ CIT% COIINCIL MIN[JTES - JOLY 13~ 5993 120~ Faithful Performance Bond, and released at completion of installation of landscape requirements approval/acceptance, and bond 100~ for material and labor for one (1) year. i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. j) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation detailse 19. All undeveloped lots alonq Grape Street shall be maintained in a neat and safe condition, with erosion and weed control methods applied by the developer as necessary to meet ~he approval of the Community Development Manager until such time as ~hese lots are built-out. If building permits are not issued within 90 days all areas or pads graded, during the gradinq operation, shall be landscaped and irrigatedo 20. All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. 21e All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neiqhboring property and streets or allow illumination above the horizontal plane of the fixture. 22. Applicant shall annex project into the City's Landscape and Lighting District. 23. The applicant shall develop a Uniform Sign Program for the center which specifies harmonious and consistent colors, materials and specifications which will enhance the center's design and meet the provisions of Lake Elsinore Municipal Code, Chapter 17.94 and the approved Elsinore City Center Specific Plan. The Master Signaqe Program shall be reviewed and approved by the Planning Commission. All signage including freestanding signs shall be by City Permit and in conformance with the approved Master 5ignage Program. The Master Signage Proqram shall be approved prior to issuance of Certificate or Occupancy or release of utilities. Individual sign permits are required prior tot he erection of each signe 24. The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD). Applicant shall submit water nd PAGE THIRTY-ONE - CITY COIINCIL MINIITES - JIILY 13~ 1993 sewer plans to the EVMWD and shall incorporate all district conditions and standards. 25. All loading zones shall be clearly marked with yellow striping and shall meet City and Specific Plan Standards for loading zones. This project shall be designed so ~hat every unit (with the exception of shop #3 which is to have two (2) loading areas) is provided with a loading space as required by the City Municipal Code and the Elsinore City Center Specific Plan. 26. Trailers utilized during construction shall be approved by the Planning Division. 27. On-site surface drainage shall not cross sidewalks. 28. Parking stalls shall be double-striped with four- inch (4") lines two-feet (2") apart. 29. Painted arrows on the asphalt shall be located at all internal one-way drive aisles. 30. Prior to issuance of any qrading permit or building permits, the applicant shall sign and complete and "Acknowledgment of Conditions" and shall return the executed original to the Community development Department for inclusion in the case records. 31. This project shall be subject to the Mitigation Monitoring Program contained in the Certified Environmental Impact Report No.92-3. 32. Any tenant within this development that can potentially employ 100 people or more shall be subject to the requirements of Ordinance No. 941 (Trip Reduction Ordinance) adopted October 27, 1992. 33. The rear, and side elevation design of the Wal-Mart building shall provide architectural elements of relief used throughout the center. The proposed revised elevation shall be reviewed and approved by the Community Development Manager or designee. 34. The applicant shall submit revised plans illustrating the crib wall broken-up at about midpoint with a bench or a step wide enough to allow a row of small trees and/or shrubs along the entire lenqth. This bench or step with a row of small trees and/or shrubs will break up the mass and shall provide relief from the monotonous, uninterrupted e~cpanse of wall. This plan shall meet the approval of the Community Development Manager or designee and the City~s Landscape Architect. 35. The landscaped area where the Wal-Mart auto service center building is proposed shall be heavily landscaped in compliance with Condition of Approval No. 18 (b) to screen the loading/entry roll up door PAGE THIRTY-TWO - CITY COiJNCIL MINUTES - JULY 13~ 1993 and reduce noise levels generated by the sue of air/electrical tools. 36e The Wal-Mart ancl adjacent buildings (Shope #1,2, and major tenant) shall continue the design concept where appropriate of the mansard roofing with spanish mission tile treatment exhibited in Shop ~3. The revised elevations shall be subject to the approval of the Community Development Manager prior to City Council consideratione 37. The Final Site Landscaping Plan sfiall include more landscaping/landscape planters in front of all proposed buildings. This plan shall meet the approval of the Community development Manager or designee and the City's Landscape Architect, 38o All vending machinese tables, kid's rides, newspaper racks, storage of shopping carts, telephones and similar devices shall be concealed from view with a structure consistent with the building design. These shall be approved by the Community Development Manager or his designee prior to installation, 39. The applicant shall submit a graffiti removal program. This program shall include methods for immediate graffiti removal and shall be subject to ~he approval of the Community development Manager or clesignee, ENGINEERING DEPARTMENT CONDITIONS 40. Meet all Conditions of Approval for Tentative Parcel Map No. 27659e 41. Medians in driveways shall be moved back out of the right-of-way to provide proper truck turning into the site. 42. Developer shall siqn a Reciprocal Landscape Maintenance easement, with City ability to enforce. 43. Coordinate appropriate bus benches and related facilities with Riverside Transit Agency. 44, Provide perimeter landscaping for the entire project until development is completede 35e . (F:112.1) City Manager Molendyk indicated that this item was in relation to the misuse of a City Street for the storage of U-Haul equipmente MOVED ~Y DOMINGUEZ, SECONDED BY WASHBURN TO ADOPT RESOLUTION NO. 93-27. Councilwoman Cherveny questioned the necessity of prohibiting all parking. She indicated tfiat she did not feel it solved PAGE THIRTY-THREE - CITY COIINCIL MIN[JTES - JIILY 13~ 1993 the problem, and if it is done there are other areas to be addressed as well. Councilman Alongi indicated that he does not feel the City should start posting "No Parking" signs on public streets. He suggested addressinq the 72 hour limitations, and noted that people do park there to use the businesses in the area. Mayor Pro Tem Dominguez indicated that the traffic code requires signage to allow for enforcement. Councilman Alongi indicated that it can be enforced, and noted a similar situation at the Texaco station on Main Street. He indicated that it could be enforced through existing ordinances against advertising in the public right-of-way. City Attorney Harper indicated that he was not certain this was addressed by the ordinances, however, there is some opportunity to address those with "for rent" signs in the windows. Councilman Alongi questioned the difference between limiting these vehicles and limiting truckers. Mr. Harper indicated that the trucks can be restricted by size, but II- hauls are generally like any other vehicle. City Manager Molendyk indicated that staff could review the alternatives further. He noted concerns with ability of large trucks to turn into existing businesses in this area. Councilman Alongi advised that he is certain that this is addressed by Title 17. Mayor Pro Tem Dominguez concurred that it was necessary to review the signs and the street where the concern has come up. Mayor Washburn noted that there may be concerns with blocked visibility. THE FOREGOING MOTION AS WITHDRAWN WITH CONCURRENCE OF THE SECOND. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM. 36. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE CHANGE ORDER NO. 3 AS PRESENTED., 37. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO ACCEPT THE NOTICE OF COMPLETION AS PRESENTED. 38. Notice of Completion - Robb Road Thrie Beam Barrier at Coal Avenue. (F:156.2) MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE PAGE THIRTY-FOOR - CITY COONCIL MINQTES - JIILY 130 1993 TO ACCEPT THE NOTICE OF COMPLETION AS PRESENTED. 39e Business License Reauest - "Sbaceball". (F:34.1) City Manager Molendyk indicated that this item is before the Council because there is not really a business license classification which fits this use. He recommended approval, but suggested that Council consider looking at a way to handle this type of request administratively. MOVED BY CAERVENY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO GRANT THE BUSINESS LICENSE REQUEST SUBJECT TO THE FOLLOWING RESTRICTIONS: 1. Only on private property at the written request of the property owner, showing the dates and times. 2. only on public property at special events put on by a non-profit group (i.e.e City, Chamber of Commerce). 3o Provide proof of liability insurance prior to the issuance of the license. 40. Resolution No. 93-28 - Alternative Method of County Tax Distribution. (F:140.1) Administrative Services Director Boone explained this i~em which enacts a law which has been on the books since 194Y. He further explained that this action will allow the County to finance the delinquencies and distribute the funds to the City immediately, City Attorney Harper inquired whether this would include Mello-12oos District charges. Mr. Boone indicated that it will include property taxes, Lighting & Landscaping Maintenance District fees, Weed Abatement charges and potentially Assessment Districts and Community Facilities Districtse Iie indicated that the program will be in place in approximately 60 days. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 93-28: RESOLUTION NO. 93-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE RIVERSIDE COUNTY BOARD OF SUPERVISORS APPROVAL TO PARTICIPATE IN THE ALTERNATIVE METHOD OF TAX DISTRIBUTION -"TEETER PLAN1° - S~ 742. 41. Parkina Enforcement Procedure Revision - Ordinance No 961. (F:112.1) City Attorney Harper advised that based on a meeting this date, he would recommend continuance to allow the addition of violations relating to the lake to this process, MOVED BY CHERVENY, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS ~IOTE TO CONTINUE ORDINANCE NO. 961 FOR TWO WEEKS, 42e Second Readina - ordinan~P un_ ~tin - - McArthur Glen. (F:150.2 PAGE THIRTY-FIVE - CITY COONCIL MINOTES - JOLY 13~ 1993 MOVED BY CHERVENY, SECONDED BY WINKLER TO ADOPT ORDINANCE NO. 960: ORDINANCE NO. 960 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING SPECIFIC PLAN 90-1 AMENDMENT #1 AND MITIGATED NEGATIVE DECLARATION 93-3 FOR THE LAKE ELSINORE OUTLET CENTER (McARTHUR GLEN). UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI~ CHERVENY, DOMINGUEZ~ WINKLER~ WASHBURN NOES: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE POHLIC COMMENTS - NON-AGENDIZED ITEMS Ace Vallejos, 15231 Cobre, noted item 13 of this agenda regarding the Laquna Heights project. He expressed concern that this proposed project is incompatible with the surrounding zoning and development. He encouraged other residents concerned with the project to contact the Local Agency Formation Commission. He also expressed concern with the level of City services versus County services. Ae commented on the possibility of being included in an assessment district or paying additional taxes relating to the Municipal Stadium. City Attorney xarper clarified that it would not be possible to impact the residents with an assessment district or any other taxes for the Stadium. Joy Porthunder, 115 S. Spring Street, inquire3 whether Councilmembers Alongi and Cherveny intended to resign as discussed during the recent Recall Election. Both Councilmembers indioated they would not resign and suggested that not everything included in the newspaper should be believed. Peter Dawson, 18010 Grand Ave., representing Southshore Homeowners, noted that this was the first Council Meeting since the City received the Lake. He congratulated the City on this transfer and expressed hope for a new level of cooperation between the City and the County property owners. Mayor Washburn concurred and announced a meeting on July 15, 1993, regarding the master planning for the Lake. CITY MANAGER COMMENTS City Manager Molendyk reminded the Council of the July 15th Study Session and detailed the items to be discussed. City Manager Molendyk indicated that there was need for an Executive Session concerning Personnel/Labor Negotiations. MAYOR WASHBURN RECOMMENDED WITH COUNCIL CONCURRENCE THAT COUNCIL COMMENTS BE DEFERRED TO THE END OF THE REDEVELOPMENT AGENCY MEETING. THE CITY COUNCIL MEETING WAS RECESSED AT 10:05 P.M. PAGE THIRTY-SIB - CITY COtJNCIL MINUTES - JIILY 13, 1993 CITY COIINCII, COMMENTS Deferred to Redevelopment Agency Meeting. THE CITY COUNCIL MEETING WAS RECONVENED AT 10:46 P.M. CLOSED SESSIOBi THE CITY COUNCIL MEETING WAS ADJOURNED TO A JOINT CLOSED SESSION WITH THE REDEVELOPMENT AGENCY AT 10:46 P.M. TO DISCUSS, O.M.G. VSe THE CITY~ LABOR NEGOTIATIONS AND POTENTIAL LITIGATION. THE CITY COUNCIL MEETING WAS RECONVENED AT 11:05 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY WINKLER, SECONDED BY WASABURN AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 11:06 P.M. TO JULY 19, 1993, AT 2:00 P.M. IN THE PLANNING DEPARTMENT CONFERENCE ROOM OF CITY HALL, 130 S. MAIN ST EET, LAKE ELSINORE, CALIFORNIA. Y v( ~~ GARY . WASHBURNe~ CIT OF LAKE ELSINORE A TESTe ~~::~~~~ VICKI KAS~J, CITY CLERK CITY OE Y~AECE ELSINORE