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HomeMy WebLinkAbout06-14-1993 City Council MinutesMINQTES REGOLAR CITY COi1NCIL MEETING CITY OF LARE ELSINORE 31315 CHANEY STREET Y,ARE ELSINORE~ CALIFORNIA TUESDAY~ SEPTEMBER 14~ 1993 •**********sfet**t******sr*a*a***sss**fefeft*+e*****,t********,r**ft****t CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:04 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Attorney Harper. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Development Manager Shear, Community Services Director Sapp, Public Services Director Tecca, Manager of Special Projects Watenpaugh, Special Projects Coordinator Wood and City Clerk Kasad. A. Presentation - Little Leaaue - Tournament of Chambions. Team was not present for recognition. B. Presentation - Update on L.E.A.F. Programs. (F:18.3) Anne Washington, Executive Director L.E.A.F., advised that the fifth anniversary of L.E.A.F. will be October ist. She noted the original statistics for euthanization and adoption versus the much improved receni statistics. She also noted the impact of "satellite" adoption days at PETCO in Temecula. She also advised that she has served on a County task force which has formed a number of recommendations which will be coming to Council for consideration. She thanked the residents, volunteers, supporters and responsible pet owners for their contributions to L.E.A.F.'s efforts. C. Aggie Goodacre, representing the Temecula Town Association, noted the recent media day to promote the upcoming tractor race. She presented Mayor Washburn with a trophy indicating that he had won the race on media day. Mayor Washburn accepted the trophy and noted the tractor race to be held October 8-10, 1993, in Temecula. D. The Lake. (F:92.1) City Manager Molendyk noted that the lake is still progressing, the odor has been reduced and there has been no PAGE TWO - CITY COIINCIL MZNIITES - SEPTEMBER id~ 1993 fish kill. He further noted that application of micro- organisms is continuing. Manager og Special Projects Watenpaugh advised that an additional 4,000 pounds of Aqua treat was induced into ~he , lake this date. He noted that the green color is still ~ present, but the filamentous algae is gone. He also noted s that the p.h. of the lake has been lowered and applications will continue until October with additional recommendations to follow. He also noted the revenues for boat launching and day use. Councilwoman Cherveny inquired whether ~he City was now selling annual passes. Mr. Watenpaugh advised that they are available now. Mrs. Cherveny inquired whether there were resident/non-resident prices. Mr. Molendyk advised that the City is currently honoring the State park passes and rates for the balance of this year. E. The Stadium. (F:134.10) City Manager Molendyk indicated that the project is on schedule and noted the press conference to be held tomorrow regarding the baseball team. PIIBLIC COMMENTS - AGENDIZED ITEM3 Requests were received to address item nos. 22, 31, 37, and deferred to those discussions. CONSENT CALENDAR The following item was pulled from the Consent Calendar for further discussion and consideration: Item No. 8. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Regular City Council Meeting - August 24, 1993. (F:44.4) The following Minutes were received and ordered filed: b. Planning Commission Minutes - August 18, 1993. (F:60.3) 2e lteceived anci ordered filed the ~uilding Activity Report for August, 1993. (F:32.2) 3, Received and ordered filed the Code Enforcement Activity Report for Augus~, 1993. (F:54.1) 4. Ratified Warrant List for August 31, 1993. (F:12.3) 5. Approved the "Master Plan of Recreation and Parks 1990-2010'° and directed staff to review and update the document annually. (F:114.1) 6o Approved Change Order No. 7 for the Rice Canyon Water Reservoir Storage Tank in Community Facilities District 88-3. (F:22.3) PAGE THREE - CITY COIINCIL MINQTES - BEPTEMBER 14~ 1993 7. Awarded Contract for 888/Whiting Ranch Trunk Sewer in Community Facilities District 88-3 to B.K. Baker Company in the amount of $120,040.00. (F:22.3) 9. Approved Public Hearing Date of September 28, 1993, for the following: a. Annexation 65, Zone Chanqe 92-6 & Tentative Tract Map 27317 - The Western Desert Corp. - located north/east of Grand Avenue, south of the City boundary, north of Alvarado Street, and west of the City boundary at Machado Street. (F:20.2)(X:172.2)(X:160.2) %TEMS PULLED FROM CONSENT CALENDAR 8. Resolution Nos. 93-55 and 93-56 relatina to Stadium Financina. (F:134.10) City Attorney Harper indicated that the Council should not act on Resolution No. 93-55 because the agreement had not yet been received and it is more appropriate for the Public Finance Authority to act on it. He further indicated that it would be appropriate to act on Resolution No. 93-56. Councilwoman Cherveny inquired whether the amount need to complete the Stadium was in fact $12 million. Special Projects Coordinator Wood concurred and explained the procedure. Mrs. Cherveny inquired whether there was an additional $5 million which needed to be refinanced. Mr. Wood indicated that it was $5.7 million. Mrs. Cherveny commented that there was a total of $24 million being proposed for bonds, with $19 million to obtain the $12 million for the Stadium. Mr. Wood clarified that the total issuance would be for $22,471,000. City Attorney Harper clarified that the amount was $12,121,400 and 10,300,000. Councilwoman Cherveny inquired where the $5 million is. Mr. Harper advised that it was in the tax exempt remainder bonds for infrastructure and capital appreciation. Councilwoman Cherveny further commented that the basic scenario is that there is $19 million for the Stadium, when only $12 million will actually be used to build it. Mr. Wood further clarified the related expenses. Mr. Harper calculated that approximately $16.8 million related to the $!2 million for the Stadium. Councilwoman Cherveny also commented that this would encumber all three Redevelopment areas. Mr. Wood confirmed, noting that any issuance does this. Mrs. Cherveny requested confirmation that there could be no other projects for five years. Mr. Wood confirmed that there could be no more capital projects for five years. Mrs. Cherveny questioned whether this would prevent lake projects as well. Mr. Wood confirmed only in the case that no additional tax increment is generated by new growth. Mrs. Cherveny expressed her personal reservations with this issuance, based on the considerations of private citizens prior to seeking financing. She also noted that the bonds are not insured. MOVED BY WASHBURN, SECONDED BY WINKLFR TO ADOPT RESOLUTION NO. 93- 56. PAGE FOIIR - CITY COiINCIL MIN[TTES - SEPTEMBER 14~ 1993 Councilman Winkler commented that Councilwoman Cherveny had voted to authorize nearly $1 million toward the design of the Stadiuru previously. He called for the guestion. Councilman Alongi commented that he has been consistent in his vote on this issue. He noted that they had been informed that the ball field would cost $14 million, but noting was mentioned about $24 million in bonds. He indicated that he is not opposed to the field, only the method proposed. He stressed the inability to foresee the future. He also stressed ~he need for all Council to have the same information. Mayor Washburn stressed the other debt being absorbed, reserve account being allocated and collateralization for curbs, gutters, etc. He further stressed the positive impact this projec~ will have on local growth and the ability to generate additional dollars for the Lake. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 1 WITH CHERVENY CASTING THE DISSENTING VOTE. RESOLUTION NO. 93-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE BORROWING OF FUNDS BY THE REDEVELOPMENT AGENC% FROM THE PUBLIC FINANCING AUTHORITYa MAKING CERTAIN FINDINGS OF BENEFIT WITH RESPECT TO THE USE OF SUCH FUNDS AND AUTHORIZING AND APPROVING OTHER MATTERS PROPERLY RELATING THERETO. THE CITY COUNCIL MEETYNG &IAS RECESSED AT 7:25 P.M THE CITY COUNCIL MEETING WAS RECONVENED AT 7:36 P.M. PUBLIC HEARING3 21. Qr'zSa.L) City Planner Leslie, explained this project and noted that it will bring the property into conformance with the General Plan. He noted design concerns discussed at the Planningi Commission hearing and advised that they have since been resolved. He commented that this project also involves a variance for a freeway sign. Councilwoman Cherveny questioned which elevation the freeway sign would be on. Mr. Leslie advised that it would be a free standing sign. Mayor Washburn opened the public hearing at 7:40 p.m. asking those persons in favor of this project to speak. The following person spoke; Robert Merriam, Carlson Desiqn and Construction, representing the applicant, agreed to the conditions as proposed and offered to answer questions. Councilman Alongi inquired whether Mr. Merriam concurred with PAGE FIVE - CITY COIINCIL MINDTES - SEPTEMBER 14~ 1993 the change recommended for the roof. Mr. Merriam advised that they were in agreement with this. Mayor Washburn asked those persons in opposition to speak. Hearing no one, the public hearing was closed at 7:41 p.m. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ TO ADOPT NEGATIVE DECLARATION NO. 90-25, APPROVE COMMERCIAL PROJECT NO. 93-3, APPROVE ZONE CHANGE 93-2 AND ADOPT ORDINANCE NO. 963 BASED ON EXIiIBIT "B" AND THE FOLLOWING FINDINGS, AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. NO. 963 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING .57 ACRES LOCATED APPROXIMATELY 250 FEET NORTH OF THE INTERSECTION OF SUMMERHILL DRIVE AND RAILROAD CANYON DRIVE, FROM R-1 (SINGLE FAMILY RESIDENTIAL) TO C-2 (GENERAL COMMERCIAL) ZONING DISTRICT (ZONE CHANGE NO. 93-2 - KENTUCKY FRIED CHICKEN). UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: NONE _ ABSTAIN: COUNCILMEMBERS: NONE Findings - Desian Review 1. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. 2. The project, as conditioned complies with the Goals, Objectives and Policies of the General Plan and the Zoning District in which it is located. 3. This project complies with the design directives contained in Chapter 17.82.060 and all other applicable provisions of the Lake Elsinore Municipal Code. 4. Conditions and safeguards 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 planning district in which the site is located. - Findinas - Zone Chanqe 1. The Zone Change, is consistent with the Goals, Objectives and Policies of the General Plan. 2. This request will bring the zoning for the project PAGE SI% - CITY CODNCIL MINUTES = SEPTEMBER 14~ 1993 area into conformance with the General Plan. 3. The proposed Zone Change is not anticipated to result in any significant adverse environmental impacts. Conditions of Apnroval - Plannina Denartment 1. Design Review approval for Commercial Project No. 93-3 will lapse and be void unless building permits are issued within one (1) year of Planning Commission approval. AN ex~ension of time, up to one year of Planning Commission approval. Ara extension of time, up to one (i) 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 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 by the recommended changes and the approved site plan and elevations. 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. 4. Materials and Color Board shall be revised to depict the recommended changes. Further changes shall be approved by the Community Development Manager or his designee. 5. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 6e 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. No outdoox storage shall be allowed. 10. Trash enclosures shall be constructed per City standards as approved by the Community Development Manager or designee, prior to issuance of Certificate of Occupancy. 11. All roof ladders and electrical panels shall be located within the interior of the building or in PAGE SEVEN - CITY:COIINCIL MINQTES - 14~ 1993 specially designed areas concealed from public right-of-way view. 12. Applicant shall use roofing materials with Class "A" fire rating. 13. 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. Screening plan shall be approved by the Community Development Manager or designee, prior to issuance of building permit. 14. All exterior down-spouts shall be constructed within the interior of the building. 15.. The parking lot landscaping designs shall provide at least one (1) twenty-four-inch (24:) box tree for every ten (10) spaces with appropriate planter box, subject to the approval of the City's Landscape Architect and Community Development Manager or designee, along parking spaces labeled as 11 through 24. 16. 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 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 thirty feet (30) 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. d) Planting within fifteen feet (15~) of ingress/egress points shall be no higher than thirty-six inches (36"). e) Landscape ptanters 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 nart of the landscanina nlan_ PAGE EYGHT - CIT7f'COLJNCIL MYN[JTE~ - SEPTEMBER 16~ 1993 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 plantinqs with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 130~ faithful Performance Bond, and released at completion of installation of landscape requiremen~s 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 details. 17. 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. 18. P,11 exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. 19. The applicant shall develop a Uniform Sign Program for the restaurant which specifies harmonious and consistent colors, materials and specifications which will enhance the restaurant's design and meet - the provisions of Lake Elsinore Municipal Code, Chapter 17.94. The Master Signage 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 Signage Program. The Master Signage Program shall be approved prior to issuance of Certificate of Occupancy or release of utilities. Individual sign permi~s are required prior to the erection of each sign. 20. The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District (E~MF1D). Applicant shall submit water and sewer plans to the EVMWD and shall incorporate all dis~rict conditions and standards. 21. Applicant shall annex into the City's Landscape and Liqhting District. PAGE NINE - CITY COIINCIL MINIITES - SEPTEMBER 14~ 1993 22. Trailers utilized during construction shall be approved by the Planning Division. 23. On-site surface drainage shall not cross sidewalks. 24. Parking stalls shall be double-striped with four- inch (4") lines two-feet (2') apart. 25. Painted arrows on the asphalt shall be located at all internal one-way drive aisles. 26. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 27. Prior t City Council consideration plans addressing all recommended changes listed as Conditions of approval No. 13,15, 27, 28, 29, 30, 31, and 32 shall be submitted. 28. The approved colors are illustrated on the re- submitted materials board. The redesign of the mansard roof or signage shall be approved by the Community Development Manager or designee. 29. DELETED. 30. The proposed Freeway Identification Sign will be restricted to eighty (80) square feet. Applicant to submit revised sign plans. 31. Parking spaces labeled as one (1) and two (2) shall be posted and reserved for employees only. 32. Prior to City Council consideration, the applicant will be required to submit revised set of elevations reflecting the deletion of one (1) of the cupola, elimination of signage, and reduction of pitch. Conditions of AAnroval - Enaineering Department 33. All Public Works requirements shall be compliecl with as a condition of development as specified int he Lake Elsinore Municipal Code at the time a building permit is issued. 34. Process and meet all lot line adjustment requirements prior to issuance of building permit. 35. Pay all Capital Improvement and Plan Checlc fees (municipal Code, Title 16, Chapter 16.34; Resolution 85-26). 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 applying for building permit. PAGE TEN - CITY COIINCIY. MYNUTES - 37. If the existing street modified, existing street modified accordingly ad Engineer prior to issuance encroachment permit will work. 14s 1993 improvements are to be plans' on file sha11 be approved by the City of building permit. An be required to do the 38. Work done under an encroachmen~ permit for off-site improvements shall be delineated on the street improvement plans and approved and signed by the City Engineer prior to issuance of building perraits. 39. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of off-site public works improvements (Municipal Code, Title 12, Chapter 12.08 and Resolution 83-78). 40. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 41. Provide fire protection facilities as required in writing by Riverside County Fire Department. 42. On-site drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 43e Developer shall contribute $9,000.00 toward the design and construction of traffic signals at the intersections of Grape/on/off-ramps and RailroacY Canyon Road. This development will increase traffic at ~he intersections at least 2~ and should contribute 2~ towards the construction. 44. Meet all ~he requirements of Chapter 15.36 of the Municipal Code regarding Floodplain Management. 45. Mee~ all requirements of Chapter 15.64 of the Municipal Code regarding Flood Hazard Regulations. 46. Portion of Parcel 2& 3 of Parcel Map No. 17616 shall be dedicated to the City prior to issuance of building permit for the restaurant. 22. Lacnzna Yieiahts Specific Plan 92-3. Environmental ImAact ReAOrt 92-3 and General Plan Amendment 93-1 - The Western Companv - Continued from Augus~ 10. 1993. (F:150.2)(X:83.2) Councilman Winkler stated that he would be abstaining from discussion and vote on this project due to a potential conflict of interest and left the room. City Manager Molendyk explainecl that at the Regular City Council Meeting of August 10, 1993, this item was continued to allow additional time for the applicant and the surrounding homeowners ~o resolve concerns. He de~ailed the staff recommendations. PAGE ELEVEN - CITY COIINCIL MINQTES - SEPTEMBER 14~ 1993 Mayor Washburn reminded the Council and public that this was a continuation of the public hearing and asked that the persons who wish to address the Council present new information, as Council as already studied all the previous information and has considered all previous testimony. He then asked for those wishing to speak on the project to come forward. The following people spoke: Ed Schultz, 15003 Eureka Street, spoke in opposition to the project and stated that this project will obstruct his view because it raises the elevation of the adjoining land. He also advised there is a six foot fence proposed on top of the raised ground. He further addressed the drainage and the traffic impact on Eureka Street. Mayor Washburn indicated that this discussion related more appropriately to another project and suggested that Mr. Schultz see City Planner Leslie to help mitigate his concerns. Lea Routledge, 14505 Amorose Street, Brookstone Ranch Homeowners Association spoke in opposition to the project and stated that she felt that the developer had not properly addressed the greatest concerns. She stated that the view of the ridgeline, equestrian uses, safety and traffic concerns were not properly addressed. She stated that she felt that the Brookstone Ranch Homeowners Association and the developer were at a stalemate. She requested that Council deny this project. Philip Irving, 14867 Amorose Street, stated that he was in opposition to the project and that Mrs. Routledge has expressed his opinions. Allan Knight, 30570 Brookstone Lane, stated his opposition to this project and explained that there will be three intersections within 500 feet and this will create a safety hazard for the children going to and from school, as well as a major problem with the ingress and egress of traffic on a major thoroughfare. He further stated that he would like to have the developer explain his insurance for this project. David Locke, 15025 Monty Court, spoke in opposition to the project and stated that the public hearing in regard to this project is an "after the fact" and that the testimony is too late to address the issues which concern the surrounding residences. He explained that he feels that Councilman Alongi is biased in regard to this project and the opinion of the surrounding property owners will have no impact on his decision to approve this project and he asked that Councilman Alongi abstain from vote. Mr. Locke explained that he felt that this project would endanger the natural habitat of endangered and sensitive species in the area. Marie Locke, 15025 Monty Court, spoke in opposition to the project and addressed the Hillside Development. She explained that she had learned from City Planner Leslie that the City of Lake Elsinore does not have a Hillside Development Ordinance at this time. Mrs. Locke defined hillside development and asked that Council require the developer to conform to proper hillside development. She stated that if this project is approved that it will be setting the standard for all future hillside development and suggested that it is not in PAGE TWELVE - CITY COIINCIL MINUTES - SEPTEMBER 14~'1993 conformance with the State requirements. Reggie Kramer, 15077 Patrick Court, spoke in opposition to the project and explained tha~ she did no~ believe that the homes proposed are compatible to the surrounding homes. She also explained that she would like to see the City change the entrance to go through McVicker Park. Lee Bulen, 14949 Toft Street, commented that the community was encouraged by the decision made by Council at the last meeting and asked that staff respond to each point that has come to the Council this evening. Ace Vallejos, 15231 Cobre Street, spoke in opposition to the project and stated that he felt that the meeting with the residents and the developer did not accomplish a thing and he still had concerns regarding the traffic and safety and the potential for increased taxes. He asked that the Council listen to.-the persons speaking in opposition to the project. Jane Damerow, 14977 Amorose Street, spoke in opposition to the project and stated that she felt that Amorose Street could not handle the traffic and the danger to the children caused by ~raffic. She further stated that the obstruction og the view of the ridgeline is a detriment to the residences. She also objected to the amount of dust and dirt that will impact the existing neighborhoods during construction. Nola Johnsen, 14835 Toft Drive, spoke in opposition ~o ~he project and asked how this project will be for the good of the City when there are already half built development projects that are goinq into bankruptcy. She stated that this project will create a burden to provide necessary public safety services to the community. Mrs. Johnsen stated that she felt ~hat this project would increase crime and all related problems. She asked that the Council preserve the environment and privacy of the residences by denying this project. David Buchanan, 30831 Plumas Street, spoke in opposition to this project and stated that he felt that the Environmental Impact Report was seriously flawed and that it should be reviewed by a third party to correct the errors. He also presented a letter which he received which called out a hearing date of September 15, 1993, and noted that erroneous information had been provided. Patricia Nolan, 30620 Plumas Street, spoke in opposition to the project and stated that this project directly affects the residents quality of life and will affect their right to equestrian uses in the area. Rick Stephens, The Keith Companies, 565 Chaney Street, Ste. F, advised that horses have the same rights as cars and bicycles on public streets. He further addressed the issues discussed at this meeting and stated that they were covered in the staff report. Mr. Stephens explained the park and trail system which is set by the County and explained how that works with this project. Mayor Washburn asked if anyone else wished to speak. Hearing PAGE THIRTEEN - CITY COONCIL MINIITES - SEPTEMBER 14~ 1993 no further requests, the public hearing was closed at 8:25 p.m. Councilwoman Cherveny questioned the comments about the Hillside Development ordinance and asked if there was one in effect in the City. City Planner Leslie explained that there was research being done to prepare a hillside ordinance. Councilwoman Cherveny stated that her main concern was what standards the City will require and if this project conformse City Planner Leslie stated that without this ordinance in place each project is taken on a case by case basis until there is a set of regulations to give staff the guidelines. Councilwoman Cherveny stated that she would like to see some type of criteria set for the staff to follow. Councilwoman Cherveny suggested that there was a conflict between Condition No. 47 and Condition No. 52. She asked what the correct procedure would be. Mr. Stephens explained that no construction vehicles will be allowed on Toft Drive or Amorose Street. Councilwoman Cherveny then asked if Condition No. 47 should be deleted. Les Card, traffic engineer. e~lained that Condition No. 47 addresses routine traffic and the alternate proposed road will be for construction traffic. Councilwoman Cherveny asked whether Laguna Heights Drive South will be used for the residential traffic when the project is complete. Mr. Card stated that Toft Drive and Amorose Street will not exceed 1,300 trips a day by residential vehicles. Councilwoman Cherveny stated that once the houses are complete the Laguna Heights Drive South should be developed for vehicle use to provide for the extra residential traffic. Councilwoman Cherveny stated that this is a high risk area for fires and last year the City had 571 homes built and there were no new safety facilities built. She asked what provisions will be make to accommodate 888 more homes. Councilwoman Cherveny asked about the notices sent. City Clerk Kasad stated that this issue was continued, which requires no further mailed notices and only "courtesy" letters were sent by the Planning Department. Councilwoman Cherveny asked how many courtesy letters were sent. City Clerk Kasad stated that she believed there were three sent in regard to the continuance. Councilwoman Cherveny stated she is an advocate of controlled growth and as the services are available then the growth can occur. She stated that she would like to see the ridgeline better addressed by the developer. Mr. Stephens explained how the ridgeline was handled and that this issue had been addressed by the staff and developer to make the least impact on the ridgeline and retain the view for the residents. He also explained what the design manual as presented. Councilwoman Cherveny asked if the final of this document would be reviewed by Council. City Planner Leslie explained that this is typically heard by Planning Commission and they would hear the design criteria for the ridgeline. Councilwoman Cherveny asked if the Hillside Development ordinance could be complete by the time the design for this project is heard by Planning Commission. City Planner Leslie stated that a Hillside Development ordinance would take approximately six months to complete and he did not know when this applicant would submit the design to Planning. EAGE FOIIRTEEN - CITY COIINCIL MIN[TTES - SEPTEMBER 14~ 8993' Councilman Alongi thanked the Amorose residents for their cooperation and responded to Mr. Locke and explained that he makes his mind up when all the information is presented to Council. He noted that in some of the letters received it was mentioned that he had done a full turn in regard ~o the project when low income housing was mentioned. Councilman Alongi stated that there is no low income housing in this project, so that is not a true statement. He stated that the defined ridgeline is not clear and is confused with skyline, and suggested ~hat there should be a clearer definition. He further stated that Council turned down the Lake Terrace project and he felt that this project should have gone forward since there were 2200 signatures in favor of the project. He stated that the City has the obligation to be a good neighbor and if that means providing services, he stated that he enjoys the County's tax dollar as much as anyone else. He explained to Mr. Locke that this project has been around for about three years and the project-has not been hidden. When a developer moves on his project, it is the City's responsibility to get the bes~ project possible. Councilman Alongi explained that he feels that the entrance to the tract should be in writing to guarantee that the entrance will be separate from the Amorose Street areao He further explained the Council's obligation to the development of the City and clarified the LAFCO process. Councilman Alongi suggested that if the development was at one hame per acre or 644 homes versus as planned for 888 homes, the difference would be 244. He questioned if the difference were split and it were proposed for 764 homes in the area, if that would malce a difference. He stated that he would make his decision based on all the information presented. Councilman Dominguez explained that the growth of small cities is a reality and that Lake Elsinore is no exception. He further explained that dust caused by construction is controlled by watering. Councilman Dominguez stated that the City makes a major effort to be a good neighbor, but the responsibility of the Council is ~o the citizens within ~he City of Y,ake Elsinore and their building rights within the Cityo YKayor Washburn explained commented on the information presented and material provided and stated that he felt staff overall does a good job of placing conditions which meet ~he circumstances whether it is State or City Laws and gave examples. Mayor Washburn asked staff if this project were to go forward ~o LAFCO, at what point, would LAFCO require that Brookstone is annexed. He noted the concern for horses and the interest of the residents to make sure that the zoning would change to meet their requirements. He inquired whether the City changes the code to meet their needs. City Planner Leslie explained ~hat once the City made a decision to move ahead then there would be a prezoning for that area to meet the requirements of the residents. Mayor Washburn then asked the applicant~s engineer about the three intersections which are 500 feet apart. The applicants engineer stated that this is handled through the conditions of PAGE FIFTEEN - CITY COtTNCIL MINIITES - SEPTEMBER 14~ 1993 approval for turn-outs and traffic control. Mayor Washburn asked about the minor wetlands and stated that he would like to see this handled without affecting the wetlands. Mayor Washburn then addressed the fact that the residents of Brookstone knew that at some time the roadways would continue up the canyon and he stated that for the residents to say that there should be no further traffic on the roadways is not fair to any land owner next to the property. He stated that he is concerned with regard to the traffic impact on the neighborhoods. Mayor Washburn further stated that he would like to see a reduction of homes along the ridgeline, if the project goes forward, without affecting the standing oaks that are on the site. Councilwoman Cherveny again stated her concern with Condition No. 47 and asked how many trips are generated now on Amorose and Toft. The engineer for the applicant stated that there are approximately 45 homes that use Amorose, which would generate approximately 450 trips a day and there are approximately 52 homes on Toft and the surrounding areas that would generate 520 trips a day. He indicated that those numbers would be at the terminus of the project and not at the terminus of Toft and Amorose; which means that the first house on Toft or the first house on Amorose is going to see 1,300 trips plus the 450 or 500 going which means 2,000 trips per day. Councilwoman Cherveny then asked if this 1,300.stated in the conditions was total on the streets or additional over the trips already made. The engineer stated that they would be in addition to the existing traffic. Mr. Stephens stated that the developer is planning to develop his own access to the tract and the current utilization of public streets will cease when the other accesses are complete. There was general discussion regarding ridgelines. Councilman Alongi concurred with Mayor Washburn regarding reduction of housing on the ridgeline. MOVED BY DOMINGUEZ, SECONDED BY ALONGI TO CERTIFY ENVIRONMENTAL IMPACT REPORT 92-3 OF LAGUNA HEIGHTS BASED ON THE FINDINGS, AND ADOPT RESOLUTION NO. 93-52, APPROVE LAGUNA HEIGHTS SPECIFIC PLAN 92-3 BASED ON THE FINDINGS AND CONDITIONS OF APPROVAL, AND ADOPT ORDINANCE NO. 964, AND APPROVE GENERAL PLAN AMENDMENT 93-1 BASED ON THE FINDINGS, AND ADOPT RESOLUTION NO. 93-53. Councilwoman Cherveny asked that it be included in the motion to amend Condition No. 47 to: 800 vehicle trips per day. Mayor Washburn asked that Condition No. 53 be added as part of the motion to read as follows: 53. The maximum number of dwelling units allowed by the Laguna Heights Specific Plan dated June 18, 1993 for the Phase III area as identified on the Phasing Plan, Figure 36, of the Specific Plan, shall be reduced by a minimum of ten percent (10~). The area is the prominent ridgeline between Leach and McVicker Canyons and has a land use designation of SAD-2 pursuant to the Specific Plan. This density may be transferred to the Leach or PAGE SI%TEEN - CITY COUNCIL MIN[JTE~ - SEPTEMBER 14y 1993 Dickey Canyon areas of the Specific Plan 'subject to the review and approval of the Community Development Director or their designed. Councilman Dominguez agreed that the lowering of traffic to S00 vehicles trips per day in Condition No. 47 and the addition of Condition No. 53, be made part of the motion. THE FOREGOING MOTION CARRIED BY A 4-0 VOTE WITH WINKLER ABSTAINING TO APPROVE THE CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT 92-3 OF LAGUNA HEIGHTS BASED ON THE FINDINGS, AND ADOPT RESOLUTION NO. 93- 52, LAGUNA HEIGHTS SPECIFIC PLAN 92-3 BASED ON THE FINDINGS AND CONDITIONS OF APPROVAL AS AMENDED, AND ADOPT ORDINANCE NO. 964, AND APPROVE GENERAL PLAN AMENDMENT 93-1 BASED ON THE FINDINGS, AND ADOPT RESOLUTION NOe 93-53 WITH THE FOLLOWING FINDINGS AND CONDITIONS. RESOLUTION NO. 93-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CERTIFYING ENVIRONMENTAL IMPACT REPORT 92-3 AND ADOPTING THE FACTS, FINDINGS, AND STATEMENT OF OVERRIDING CONSYDERATIONS AND THE MITIGATION MONITORING PROGRAM REGARDING THE ENVIRONMENTAL EFFECTS OF THE LAGUNA HEIGHTS SPECIFIC PLAN. ORDYNANCE NO. 964 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CALYFORNYA, ADOPTING THE LAGUNA HEIGHTS SPECIFIC PLAN 92-3 (THE WESTERN COMPANY). AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENTe NONE ABSTA%N: COUNCILMEMBERS: WINKLER RESOLUTION NO. 93-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIAs MAKING AMENDMENT TO THE LAKE ELSINORE GENERAL PLAI3 F'OR THE SECOND CYCLE OF THE CALENDAR YEAR OF 1993. Findings - Specific Plan 92-3 1. The Laguna Heights Specific Plan meets the City~s Specific Plan criteria for content and required implementation of the General Plan established by Section 65450 et sea. of the California Government Code and Section 17.99 of the City of Lake Elsinore Municipal Code. 2. The Laguna Heights Specific Plan is consistent witla the Goals, Policies and Objectives of the General Plan and with any other applicable plans or policies adopted by the City. 3. The Development Regulations contained within the PAGE - CITY COIINCIL MINQTES - SEPTEMBER 14~ 1993 Specific Plan supersede otherwise applicable City ordinances and codes, unless specifically stated to the contrary in the Specific Plan. Approval of the Specific Plan shall not be interpreted as waiving compliance with other Federal or State laws or City codes. 4. This request will result in significant environmental impacts associated with land use, air quality, biological resources, energy resources, aesthetics, agriculture, seismicity, water quality, traffic school construction, utilities and services which may be partially mitigated but are anticipated to remain significant upon development of the site as allowed under the General Plan. These impacts are therefore found to be acceptable under the General Plan, specifically the provision of the quality housing opportunities by the City, the anticipated increase in local government revenues generated by project residents and the provision of significant infrastructure improvements, all of which are expected to support local commercial and industrial development efforts and generate measurable benefits to the local economy and fiscal integrity of City government. 5. The proposed location of the plan allows the development to be well-integrated with its surroundings. 6. All vehicular traffic generated by the development, either in phased increments or at full build-out, will be accommodated safely and without causing undue congestion upon adjoining streets. 7. Except as limited by State law, including SB 1287, the Specific Plan identifies methodologies to allow land use to be adequately serviced by existing or proposed public facilities and services. 8. The overall design of the Specific Plan will produce an attractive, efficient and stable development. 9. The proposed project will not be detrimental to the health, safety, comfort or general welfare of the persons residing or working within the project area or within the City, nor will it be injurious to property or improvements in the project area or within the City. 10. The Laguna Heights EIR has been prepared, submitted and reviewed in accordance with the requirements of the California Environmental Quality Act and is complete and adequate in that it addresses all environmental effects of the project and discretionary approvals. Findings - Environmental Imnact Report 92-3 1. The Laguna Heights EIR and Addendum have been EAGE EIGHTEEN -'CITY COUNCIL MINQTES - SEPTEMBER 1$s 1993 prepared, submitted and reviewed in accordance with the requirements of the California Environmental Quality Act and is complete and adequate in that i~ addresses all environmental effects of the project and discretionary approvals. Findinas - General Plan Amendment 93-1 1. The proposed General Plan Amendment would establish a land use (Specific Plan) and allow density more in keeping with ~he subject property's location, access and site characteristics. Conditions of Approval - Specific Plan 92-3 1. The text of the June 18, 1993 version of the Laguna Heights Specific Plan shall be revised to incorporate any corrections and revisions and any ~ypographical errors subsequent ~o their approval. A final Specific Plan shall be submitted for review and approval by the Community Development Director or his designee within 30 days of approval by the City Council. No permit shall be issued until final administrative approval of the Specific Plan by the Community Development Director or his designee. 2. Prior to the issuance of any grading permits, the Applicant shall submit a final grading plan, subject to all requirements of the City Grading Ordinance, and a geo-technical report to the Public Services Director for approval. The geo-technical report will primarily involve assessment of potential soil-related constraints and hazards such as slope stability, settlement, liquefaction, or related seismic impacts where determined to be appropriate by the Public Services Director. The report shall also include evaluation of potentially expansive soils and recommended construction procedures and/or design criteria to minimize the affects of these soils on the proposed development. 3. The grade for local streets shall generally not exceed nine percent (9~) with the exception that grades up to a maximum of fifteen percent (15~) will be considered because of design constraints with the approval of the City Engineer. 4. Grading shall not be permitted outside the area of the designated project boundary unless appropriate approvals have been obtained. 5. Prior fo the recordation of a final tract/parcel map or prior to the issuance of any grading permits, whichever comes first, the Applicant shall design the following improvements and provide necessary dedication in a manner meeting the approval o~ the Public Services Director: * All provisions for surface drainage; and * All necessary storm drain facilities to a PAGE NINETEEN - CITY COONCIL MINQTES - SEPTEMBER 14~ 1993 - satisfactory point of disposal for the proper control and disposal of storm runoff. 6. Prior to issuance of a grading permit, grading and construction plans shall incorporate erosion control raeasures. 7. All open space and slopes outside the public right- of-way shall be owned and maintained by either the master homeowner's association or private owners. All open space areas owned bg the homeowner~s association shall be offered for irrevocable dedication to the City. 8. All structures shall be designed to incorporate all state and local water conservation regulations, subject to the approval of the Community Development Director. 9. Applicants shall incorporate energy-efficient features and passive design concepts, whenever feasible, in the design and construction of the project. 10. Applicants shall incorporate the use of solar energy and waste heat recovery systems to reduce energy consumption into the project design. 11. Applicants shall consult with SCE and SCG in the selection of effective energy conservation techniques and the installation of additional, project-related infrastructure. 12. Applicants shall install building and energy conservation measures in compliance with Title 24, CRC Sections 2-5307 (b) and 2.5452 (i) and (j), and Title 20, CRC Sections 1604 (f) and 1601 (b). 13. The development shall include facilities to promote circulation efficiencies, such as bus stops and turnouts. Plans for these facilities shall be incorporated into the street improvement plans for .each development phase. 14. All residential lots and dwellings shall be sound attenuated against present and projected noise which shall be the sum of all noise impacting the Project so as not to exceed an exterior standard of 60 Ldn in outdoor livinq areas, and an interior standard of 45 Db CNEL in all habitable rooms. 15. The design of the Laguna Heights project shall meet all Riverside County Fire Department standards for fire protection and any additional requirements requested by the County Fire Marshall. 16. All development proposals shall be reviewed by the City of Lake Elsinore and Riverside County Fire Department to ensure that adequate fire services are available to serve the development. PAGE TWENTY - CIT% COIINCIL MINIITEB - SEPTEMBER 14~ 1993 17. Applicant shall obtain all necessary State and Federal permits, approvals, or other entitlements, where applicable, prior to each phase of development of the project. 18. The City's Noise Ordinance must be me~ during a11 site preparation activity. 19. Developer shall participate in the City of Lake Elsinore City-wide Landscaping and Street Lighting District pursuant to Resolution 88-27. 20. Applicants of future projects within the Laguna Heights Specific Plan area shall acquire the necessary permits for development, including grading and building permits. 21. Prior to approval of each tentative map, a fault hazards investigation shall be conducted which will include fault trenching and utilize precursory geophysical methods within areas enclosed by the State of California Special Studies maps, if any structures are proposed in or near these areas. This study shall be provided by the Applicant. 22. Documentation of slope stability shall be required when the type of fill material has been determined to issuance of a grading permit. All cut and fill grading shall be done under the supervision of a geo-technical engineer. 23. 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. 24. Prior to ~.enf.ative map approval, the project geotechnical, civil, and structural engineers shall review seismic design parameters and incorporate appropriate design standards into the site plan. 25. Prior to issuance of grading permits, the applicant shall develop a Spi11 Prevention, Containment and Cleanup Plan for potential accidental spills of petroleum prevention products from machinery or above ground storage tanks during construction. 26. Applicants for individual projects requiring 401 Water Quality Certification an NPDES construction and storm water permits shall obtain such permits prior to issuance of City grading permits. 27. All construction equipment shall utilize properly working mufflers and be kept in a proper state of tune to alleviate backfires. Stationary equipraent such as generators, shall be equipped with noise shrouds and shall be placed as far as possible from sensitive receptor locations. Finally, when working within sensitive areas, portable noise barriers shall be utilized to reduce produced noise PAGE TWENTY-ONE - CITY COIINCIL MINQTES - SEPTEMBER 14~ 1993 to the extent feasible. construction activity shall be limited to the hours of 7 a.m. to 5 p.m. Monday through Saturday to protect adjacent occupants from unreasonable noise and glare associated with construction. 28. Contractors shall implement the measures to reduce the impacts of exhaust and dust emissions during construction. 29. Diversion, obstruction of the natural flow, or changes in the bed, channel, or bank of any river, stream, or lake shall require notification to the CDF as called for in the Fish and Game Code. Notification shall be made after the project is approved by the lead agency. 30. Recycled water shall be utilized where feasible. Where implemented, recycled water shall be sued in accordance with Title 22, California Administrative Code and is also subject to the requirements and specifications of the Riverside County Health Department, EVMWD and the RWQCB through issuance of an NPDES waste discharge permit. 31. Prior to approval of the first tentative tract map filed for property within the Specific Plan, applicant shall have entered into a school impact mitigation agreement with the school district. City shall have considered the adequacy of the school facilities or available means of financing school facilities to meet the needs and demands of new development proposed in such tentative map to be approved by the City. For purpose of this condition, acceptable mitigation provided for in the School Impact Mitigation Agreement may include, but is not limited to the following: (a) Utilization of developer fees, Mello-Roos Community Facilities District financing or other special district financinq, singly or in combination, to fully fund the construction cost of school facilities necessitated by the proposed development. (b) Payment or credit toward school fee mitigation to be provided to the landowner for the acquisition of a school site located on such landowner's property. 32. Applicant shall ensure adequate utility service prior to occupancy. 33. The Applicant shall comply with all applicable measures as specified by the City including those found in the City programs including the City Source Reduction and Recycling Element and Household Hazardous Waster Element, the County Solid Waste Management Plan and new County Integrated Waste Management Plan. 34. Submit a letter of verification (will-serve) to the City Engineering Department, from the applicable water district, stating water and sewer PAGE TWENTY-TiPO - CITY COUNCIL MINOTEB - SEPTEMBER 14~ 1993 arrangements have been macle for this project and all sewer and water easements shall be secured prior to final map approval. 35. Applicant shall provide all project-related on-site improvements as specified in the Specific Plan. 36. The use of some native vegetation shall be incorporated into landscaping. Native Bunchgrasses, wild buckwheat, and coastal sagebrush are examples of native grassland and coastal safe scrub species that shall be utilized so as to create as diverse a plan palette as feasible. Implementation of this measure would partially mitigate for unavoidable impacts of the project on natural vegetation in the area. 37. All future development including ~entative subdivision maps shall be consistent with the design standards and guidelines proposed in the Specific Plan. 38. All future development is subject to the City of Lake Elsinore Design Review process. 39. The Applicant will work with EVMWD to ensure that there is an adequate supply af water and pressure to meet fire flow requirements. All water mains and hydrants shall be provided in accordance with City of Lake Elsinore Municipal Code, subject to the approval of the Riverside county Fire Department. 40. The approvecl Final Specific Plan shall be filed in the office of the City Clerk and in the City Planning Division. 41. No building shall be constructed, maintained or used other than for the purpose specified in the approved Final Specific Plan as required hereinafter. 42. All future proposals shall be reviewed by the City on a project-by-project basis. If determined necessary by the Community Development Director or designee, additional environmental analysis will be required. 43. All habi~at resources planned for removal, preservation, creation, or enhancement are subject ~o the review and permit issuance of the U.S. Army Corps of Engineers pursuant to Section 404 of the Clean Water Act, U.S. Fish and Wildlife Service and Sections 1601-1603 of the State Department of Fish and Game, where these Agencies have jurisdiction. Copies of all permits (404 ancl 1603) and conditions attached to the permits shall be submitted to the Community Development Director or designee for review prior to the removal of any habitat. 44. Applican~ shall comply with the City's approved PAGE TWENTY-THREE-- CZTY COIINCIL MINIITES - SEPTEMBER 14~ 1993 landscaping approval of landscaping and adjaceni Landscaping irrigation Engineering Architect. standards in effect at the time of this Specific Plan with respect to the in medians, parkways, expanded parkways slopes to be maintained by the City of Maintenance District. Landscaping and plans shall be approved by he Department and City~s Landscape 45. Except as otherwise provided in the Specific Plan or as otherwise approved by the City Engineer, roadway standards for Lake Elsinore relating to the minimum local street radii, maximum cul-de-sac length, maximum grade and minimum sidewalk width must be followed. 46. Developer shall comply with all mitigation measures identified in the Mitigation Monitoring Program adopted with the Laguna Heights Country Club Final Environmental Impact Report 92-3. 47. Prior to buildinc~ permit issuance, the applicant shall conduct traffic evaluation/traffic counts to the satisfaction of the City Engineer. Prior to building permits being issued which would generate more that 800 vehicle trips per day from the Laguna Heights project on either Toft Drive or Amorose Street, the applicant shall develop and improve and alternative access to the site acceptable to the City. Once an acceptable alternative access is determined an Amendment to the Laguna Heights Specific Plan shall be submitted to the City for review and approval that integrates the alternative access in with the Specific Plan. 48. The minimum lot size for the SFD-3 (Canyon Lots), residential land use designation within the Laguna Heights Specific Plan shall be one half (1/2) acre (21,780 square feet), and the final Specific Plan document shall be revised to reflect this. 49. The keeping of horses as an accessory use in the , SFD-3 land use designation of the Laguna Heights Specific Plan shall be subject to all of the requlation as set forth in Section 17.20.120 of the City of Lake Elsinore's Zoning Code. The final Specific Plan shall be revised to reflect these regulations. Tentative tract maps for the SFD-3 areas shall provide for equestrian trails for access to the equestrian properties and regional trails. 50. The proposed equestrian center as referenced in the Laguna Heights Specific Plan is outside the boundaries of the Specific Plan and therefore subject to separate review and approval. 51. The project drainage plans shall include a system of retention basins within the project site that will control the amount of storm water released from the site so that the maximum flow never exceeds the flows form the natural conditions. PAGE'TWENTY-FOIIR'= CITY COONCIL MIN[TTES -.SEPTEMBER 14~ 1993 52. Construction vehicles shall be prohibited from using Toft Drive or Amorose Street at any time. Proposed Laguna Heights Drive South shall be rough graded in the initial grading phase to provide construction access to the project site. Once plans are developed for this alternative access they will have to be reviewed and approved by the City pursuant to Condition No. 47. 53. The maximum number of dwelling units allowed by the Laguna Heights Specific Plan dated June 18, 1993, for the Phase III area as identified on the phasing plan, Figure 36, of the Specific Plan shall be reduced by a minimum of ten'percent (10~). the area is the prominent ridgeline between Leach and McVicker Canyons and has a land use designation of RFD-2 pursuant to the Specific Plan. This density may be transferred to the Leach or Dickey Canyon areas of the Specific Plan subject to the review and approval of the Community Development Director or their designee. BUSINESS ITEMS 31. Extension of Time Reauests for North Tuscanv Tentative Tract Mabs: 25074. 25075, 25076, 25077, 25078, 25079, 25080 (Homestead Land Development Companvl. (F:160.2) MOVED BY WASHBURN, SECONDED BY DOMINGUEZ TO APPROVE TAE EXTENSION OF TIME FOR TENTATIVE TRACT MAPS 25074~ 25075~ 25076, 25077~ 250780 25079, 25080 BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE PREVIOUSLY APPROVED CONDITIONS OF APPROVAL AS AMENDED. Councilwoman Cherveny noted that the developer has not complied with the conditions to date and indicated that she would not be in support of an extension without more compliance. She expressed particular concern with paving of walkways to the school on Summerhill. City Attorney Harper clarified that the applicant currently has no economic ability to perform the conditions. He explained that the question is really whether to extend the map and keep it a saleable item or not extend the map and have is raw land which would most likely limit the market for the property. He indicated that there was not really a downside to the extension, as the project might proceed. Councilwoman Cherveny questioned the potential of someone acquiring the property and proceeding with the project. Mr. Harper indicated that the chance is very good, as there are interested buyers. Councilman Alongi requested confirmation that the conditions will stand with the extension of time. Councilwoman Cherveny questioned the ability to adci a condition, because she would like to see paving on Summerhil3 out to the School. Mayor Washburn clarified that there is already a condition fox paving fhis area. PAGE TWENTY-FIVE - CITY COIINCIL MINIITES - 14, 1993 John Mullick, representing Homestead, noted that the area under discussion has been bladed off to allow a walkway to school. He explained that the property is under the control of the R.T.C. and no expenditures can currently be made for improvement, only maintenance. Councilwoman Cherveny inquired whether the applicant could pave the area. Mr. Mullick indicated that he was not certain this would be possible. Councilwoman Cherveny inquired whether the applicant would agree to adding a condition regarding this. Mr. Mullick indicated that the sidewalk is already conditioned and will eventually go in. City Attorney Harper clarified that the project can only be finaled when all conditions are complete. Councilman Alongi questioned the City's ability to put down an inch of asphalt temporarily to prevent problems durinq the rainy season. He then indicated that he would like the City to lay 1-1/2" asphalt. Mayor Pro Tem Dominguez inquired whether this would be acceptable to the applicant. Mr. Mullick indicated it would be acceptable. City Attorney Harper clarified that the City does not own the property, but could incur liability from this action. Councilman Alongi stressed the safety concerns for children in the area. He questioned the ability of the City to loan funds or supplies to the developer. City Attorney Harper indicated that he was not certain what would be allowed by the R.T.C., but it could be investigated. THE FOREGOING MOTION TO APPROVE A 24 MONTH EXTENSION OF TIME CARRIED BY UNANIMOUS VOTE. Findinas 1. Satisfactory progress toward the development of these Tract Maps has taken place. 2. Conditions have been added by the Engineering and .Planning Departments to insure the development will not impact the public health, safety and welfare. 3. The Project as proposed and conditioned is consistent with the Goals, Policies, and Objectives of the General Plan and the Tuscany Hills Specific Plan. Conditions NOTE: The following conditions apply to all eight Tentative Tract Maps except as otherwise annotated before each applicable condition as follows: (74) applicable only to TT 25074 (75) applicable only to TT 25075 (76) applicable only to TT 25076 (77) applicable only to TT 25077 (78) applicable only to TT 25078 PAGE TWENTY-BIS - CITY COIINCIL MINIITEB - SEPTEMBER 14,-5993` (79) applicable only to TT 25079 (80) applicable only to TT 25080 (83) applicable only to TT 24383 Planning Debar~men~ Conditions 2. Tentative Tract Maps 25074, 25078, 25076, 25077, 25080 and 24383 shall expire two (2) years from date of approval unless extended pursuant to State and Local Law or recordation of final map occurs. 2. Applicant shall comply with development standards as outlined in the approved Specific Plan. 3. Final plotting and architectural drawings shall require minor design review as required by he Tuscany Hills Specific Plan. 4. Applicant shall record CC & R's for the tract prohibiting on-street storage of boats, motorhomes, trailers, and trucks over one-ton capacity, roof mounted or front yard microwave satellite antennas. The CC & R's shall be approved by the Community Development Director prior to recordation of final map. 5. All signage shall be consistent with the Sign Program contained in the Specific Plan. 6. The dimensions of all residential lots shown on the Final Tract Map shall comply with the minimum standards established in the Specific Plan. 7, Street names for all streets within the Tentative Map shall be approved by the Community Development Director. Engineerinq Department Conditions (75) 8e "H" Street shall be re-evaluated along with "A" Street in TT 25077 in order to improve access off Summerhill Drive. Redesign shall be approved by Engineering Department if design proves to be more feasible. (77) 9. "A" Street shall be re-evaluated to provide possible access somewhere between Lots 164 and 167. Redesign shall be approved by City Engineering Department. 10. Prior to the issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Coanmunity Development Department for inclusion in the case records. il. Fence locations and walls indicated on a grading plan and consistent with the Specific Plan sriall be approved by he Community Development Director PAGE TWENTY-SEVEN -'CITY COUNCIL MINIITES - SEPTEMBER 14, 1993 prior to the release of the first Certificate of Occupancy. 12. Grading and construction plans shall incorporate erosion control measures as required by he Chief Building Official. 13. Improvement Plans, including sewer, water and drainage shall be approved prior to the Final Map approval. 14. Grading plans for this subdivision shall comply with the grading objectives and guidelines established in the Specific Plan. 15. All Public Works required shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code at the time a building permit is issued. 16. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 15, Chapter 16.34; Resolution 85-26). 17. Submit a letter of verification "will-serve" letter to the City Engineering Department, from the applicable water district, stating water and sewer arrangements have been made for this project prior to final map approval. 18. Construct all required off-site public works improvements per approved plans (Municipal Code, Title 12); plans must be approved and signed by the City Engineer prior to final map approval. 19. Intersectinq streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered engineer. 20. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of public works off-site improvements (Municipal Code, Title 12, Chapter 12.08 and Resolution No. 83-78). 21. Provide street lighting and indicate on street improvement plans as required by the City Engineer. 22. Annex to the City Landscaping and Street Lighting District. 23. Prior to the recordation of the final tract map, all public improvements shall be designed and constructed or bonded for in accordance with plans and specifications meeting the approval of the City Engineer and the Chief Building Official as amended by he Specific Plan. 24. All local interior double loaded streets shall be fifty foot (50') right-of-way with thirty-six foot (36') curb-to-curb. Restricted single-loaded local PAGE TWENTY-EIGHT - CITY COIINCIL MZNIITES - SEPTEMBER 14, 1993 streets shall not be less than forty foot (40~) right-of--way with twen~y-eight foot (28') curb-to- curb. 25. A complete hydrology and hydraulic report shall be submitted and approved by he City Engineer prior to Final Map approval. 26. The storm drain system shall be designed to mitigate urban pollutants from discharge into Canyon Lake and San Jacinto River as amended by the Specific Plan. 27. Any natural drainage diverted or concentrated onto adjacent property will require a letter of drainage acceptance from the affected property owner. 28a No single-family lots shall front or access to collector streets or higher volume streets. 29. Designated natural open space lots shall be offered for dedication to the City and maintained to prevent any public hazard until such offer is accepted. Operation and maintenance of open space shall be provided through the City of Lake Elsinore Landscape and Lighting Maintenance District or a similar entity. The City may require that an appropriate strip of land along the boundary of residential lots (consistent with the Fire Management Proqram set forth in the Specific Plan) be maintained by a homeowner's association. Access for maintenance to be approved by the City Engineer prior to recordation. 30. All compaction reports, grade certifications, monument certifications (with tie-notes delineated on 8-1/2° x 11" mylar) shall be submitted to the Engineering Department before final inspection of off-site improvements will be scheduled and approved. (78) 31. °1A1° Street from "B'0 to ~°C'° Street shall be increased to fifty feet (50'). Building/Safety Department (75) 32. Construction Phasing Plan will be submitted to (77) Chief Building Official and approved prior to the (79) issuance of building permits within references tentative tract maps. 33. Applicant shall meet all Conditions of approval prior to the issuance of a Certificate of Occupancy and release of utilities. 34. Prior to the issuance of building permits as landscape and irrigation plan shall be submitted and approved by the City. The plans shall be subject to the guidelines identified in the Specific Plan and Design Guidelines for Tuscany Hills. PAGE TWENTY-NINE - CITY COIINCIL MIN[TTES - BEPTEMBER 14~ 1993 35. Applicant shall meet all requirements of the Riverside County Fire Department for fire protection as determined by the community Development Director 36. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 37. All structures shall be designed to incorporate all state and local water conservation regulations, subject to the approval of the Chief Building Official. 38. All buildings shall be constructed with fire retardant roofing materials as described in Section 3203 of the Uniform Building Code. Any wood shingles or shakes shall have a Class "A" rating and shall be approved by the Chief Building Official prior to installation. 39. Submit a schedule of public works improvements based upon the timing of occupancy of the tract prior to final map approval. (74) 40. Residential lots of less than 5,000 square feet shall be subject tot he approval of the Planning Commission. (79) 41.- The "C" Street intersection with Greenwald Avenue should be re-evaluated and submitted for approval by the Community Development Director prior to the recordation of Tract 25079. 42. All improvement plans shall be digitized. At Certificate of Occupancy, applicant shall submit tapes and/or discs which are compatible with the City's ARC/INFO GIS system or the developer all pay $1,000.00 per sheet for City digitizing. 43. If grading exceeds 50 cubic years, 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. 44. Prior to issuance of grading or building permits, the owner shall provide the City with proof of filing a Notice of Intent with the Regional Water Quality Control Board for a National Pollutant Discharge System Permit. 45. Developer shall provide the City with proof that it will provide No Parking and Street Sweeping Signs for streets within the tracts or pay a fee for installation by the City. 46. Developer shall install blue reflective pavement markers int he street at all fire hydrant locations. EAGE°TSIRTY - CITY°COIINCIL MINUTEB --SEPTEMBER 14~ 8993 47. Developer shall be subject to all Master Planned drainage fees and will receive credit for all Master Planned drainage facilities construction. 48. The Developer shall establish a Storm Water Pollution Prevention Program prior to fifty percent (50~) occupancy. The program shall include, but not be limited to, stenciling catch basins, pamphlets for irrigation and fertilizing lawns and disposal of auto oil and anti-freeze. 32. Evaluation of Refuse Collection ancl Street Sweebinq Operations. CR&R. Inc. (F:163.1)(X:68.1) MOVED BY WASHBURN, SECONDED BY DOMINGUEZ TO REVOKE THE NOTICE OF DEFAULT FOR CR & R, INC. City Manager Molendyk indicated that Mr. Fahrion of CR & R, and City staff have worked to alleviate the prior concerns and ~here is a no~iceable improvemen~. Councilman Alongi indicated that he hoped this improved level of service would con~inue. THE FOREGOING MOTION CARRYED BY UNANIMOUS VOTE. 33. Street. (F:68.1) City Manager Molendylc noted the location and reminded Council that this intersection has been under discussion for quite some time. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE TIiE AGREEMENT AS PRESENTED. 34. Street Name Chanae - Railroad Canvon Road to Diamond Drive. (F:158.1) City Manager Molendyk explained this item and advised that it would be approximately a one year process to gain a Caltrans permit and allow for the freeway signs to be changed. MOVED BY DOMINGUEZ, SECONDED BY WASHBURN TO DIRECT STAFF TO PROCEED WITH THE NAME CHANGE BY REQUESTING COMMENTS FROM ALL PROPERTY OWNERS ALONG RAILROAD CANYON ROAD~ NOTIFY CALTRANS AND BEGIN COLLECTING COSTS OF SIGNING CHANGES) SET A PUBLIC HEARING DATE~ AND BRING BACK A RESOLUTION TO COUNCIL EFFECTING THE CHANGE AND SETTING A DATE FOR THE ACTUAL IMPLEMENTATION. Councilwoman Cherveny inquired whether this change would be both Nor~h and South of the freeway. Mr. Molendyk indicated that it would run from City limits to the Stadium. Councilwoman Cherveny e~tpressed concern with the cost to the businesses on the North side of the freeway and noted that only one would be impacted South of the freeway. Mayor Washburn noted the necessary public hearing process. City Manager Molendyk indicated that staff could find out how PAGE THIRTY-ONE - CITY COIINCIL MINIITES - SEPTEMBER 14, 1993 many businesses are affected. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 35. Rectuests from Non-Profit Oraanizations. (F:108.1) MOVED BY CHERVENY, SECONDED BY WASHBURN TO APPROVE ASSISTANCE TO THE FOLLOWING ORGANIZATIONS IN THE FOLLOWING AMOUNTS: H.O.P.E. Operation School Bell Friends of the Library Councilman Alongi indicated that funds for the Friends of the suggested an increase of $1,000, $1,000 from Operation School Bell. $5,000 $5,000 $1,000 he would like to see more Library if possible, and possibly by transferring Mayor Pro Tem Dominquez suggested $500 be shifted from H.O.P.E. and $500 from Operation School Bell. MOVED BY DOMINGUEZ, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE, A SUBSEQUENT MOTION TO APPROVE ASSISTANCE IN THE AMOUNT OF $4,500 TO H.O.P.E., $4,500 TO OPERATION SCHOOL BELL AND $2,000 TO FRIENDS OF THE LIBRRY. 36. Interstate 15 Access Studv. (F:82.2) City Manager Molendyk suggested that this item be referred to a workshop for discussion. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO DEFER THIS ITEM TO A CITY COUNCIL WORKSHOP FOR DISCUSSION. 37. Council Policy - Church Conditional Use Permit Fees. (F:120.1) City Manager Molendyk suggested that this item be referred to a workshop for discussion. MOVED BY CHERVENY~ SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUB VOTE TO DEFER THIS ITEM TO A CITY COUNCIL WORKSHOP FOR DISCUSSION. PIIHLIC COMMENTS - NON-AGENDIZED ITEMS John Johnson, Lake Elsinore Valley Soccer Club, 31946 St. Pierre Ln., thanked Council for the use of Summer Lake Park and presented Council with T-shirts, hats and patches of their first annual Friendship Tournament which was held on Labor Day weekend. He requested a variance for parking on Grand Avenue for Saturdays only, to allow for games held at that site. Councilman Winkler commented that there is no parking on Grand Avenue due to bicycle lanes; and he stated that he felt that because of traffic and visibility in that area, it is not safe to park on Grand Avenue. ,He stated that it endanqers the children if they try and cross, and further it blocks vision for the cars trying to turn left from Broadway Street. Mr. Winkler explained that the park was designed with extra parking in the area of the portable classrooms and eventually it will be used for parking. He suggested areas for alternate parking and encouraged Mr. Johnson to have the parents park in other areas which are safer for the PAGE THIRTY-TWO - CITY"COIINCIL M%NQTES-- SEPTEMSER 84~ Y993 children. He asked that staff work with the Soccer Club and with Captain Daniel to address this problem. Kelly Butler, Elsinore Valley Friends Church, 22971 Fawn Lake, Canyon Lake, requested that when the Conditional Use Permits for churches are considered, that the Council consider small churches that do not have a great deal of funds to work with. He further reques~ed that Council allow them to practice their religion and stressed their need for a permanent facility. Mayor Washburn asked how many are in the congregation. Mr. Butler stated that they have approximately 15o members and are currently meeting at Terra Cotta Junior High. Peter Dawson, Southshore Homeowners Association, 18010 Grand Avenue, expressed his concerns regarding the lake and presented pic~ures de~ailing the con~inuing problem of algae in the lake. He stated that he saw evidence of copper sulfate being used in the inlet channel and flood plain next to the levee. He asked why copper sulfite is still being used, since it is counter-productive to the health of the lake and destructive to the micro-organisms. City Manager Molendyk explained that Council authorized staff to use copper sulfite along the shorelines to kill algae initially. He further explained that other than the two applications used in the beginning of the micro-treatment, the City has not continued ~hat ~reatment. Mr. Molendyk expressed concern and indicated that the City would like to know who is using this treatment since the City is using Micro-organisms only. Mayor Washburn asked if stagf could investigate to see where this problem is being created. Thelma Ball, 15682 Grand Avenue, Sp. 22, e~cpressed her concerns regarding the Senior Center and the need for table and chairs and a horse-shoe pito She commented that there are two air conditioners in the Center that have not worked right for some time and asked Council to direct staff to have them repaired. Mrs. Ball stated that the Seniors do get bottled water, but the City does not provide drinking cups and they were promised a drinking fountain which has not been provided. She asked for an accounting of the £unds which were appropriated for the Center and asked that the City relocate the pool table to a safer location. CITY MANAGER COMMENTS City Manager Molendyk reminded the Council/RDA Board of the Press Conference scheduled for tomorrow. He announced to the public that season ticket information is now available at (909) 245-HITS. CITY COIINCIL COMMENTS Mayor Pro Tem Dominguez commentecl on the followingo i) Crime problems downtown; inquired whether the tarqet team or bicycle patrols are being used. He noted that panhandling problems are increasing, groups are congregating at Peck Street, and trucks are using Main Street. He requested that Captain Daniel address these concerns. Councilman Winkler commented on the followings 1) Soccer Club concerns, requested that staff work with the organization for solutions to parking. PAGE THIRTY-THREB - CITY COIINCIL MIN[JTES - SEPTEMBER 14~ 1993 2) Amber Ridge, met with Water District members. Documentation was to be issued on September 23rd, however paperwork was delayed. Requested that staff contact Mro Hoagland and determine the problem and have the City~s lobbyist assist in Sacramento where possible. 3) McVicker Park, recommended that staff contact the Flood Control District to expedite the plan check. Councilman Alongi commented on the,following: 1) Congratulated L.E.A.F. for its work and accomplishments, 2) Sun Tribune Editor Hand, noted that he has spoken with his supervisor. He stressed the need for opinions to include factual information, as he has no right to mislead the readers. 3) H.O.P.E. Dinner, reminded the Community that it will be held on September 25th at the Community Center. Interested parties can contact H.O.P.E. for tick.~ts. 4) Ordinance regarding Drug Houses, happy it is in pl~ce and being used. 5) Concerns about Horseshoe Pit at Senior Center. He questioned the cost and timing for completion. 6) Made a personal request for the Chamber of Commerce to consider allowing the use of the Rodeo grouncZ~ for the Sierra Circuit Rodeo. He noted his understanding of the conflict and stressed the need to do what is good for the Community. Councilwoman Cherveny commented on the followings 1) L.E.A.F., commended the reduction in euthanization statistics and the increase in adoptionso 2) Inquired when the July 4th banners would come down and the Autumnfest banners would go up. 3) Questioned the Horseshoe Pits and the target date for completion. Community Services Director Sapp explained the difficulties in the approval process and indicated that the final bid documents should be ready this week. Mrs. Cherveny suggested that groundbreaking ceremonies be held for this project. 4) Noted copy of book received from Marge Rieder, and advised that Ms. Rieder will be on the Larry King Show on September 29th and the Joan Rivers Show in October. She thanked Ms. Rieder for the book. 5) Announced the 3rd Annual Juried Art Show on September 18th and 19th, co-sponsored by the City and the Elsinore Valley Artists Society. She encouraged the Community to attend. Mayor Washburn commented on the following: 1) Thanked Marge Rieder for the copy of her book. PAGE THIRTY-FOIIR - CITY COONCIL MINQTES - SEPTEMBER 14~ 1993 2) Concurred that Wes~ern Classic Productions and the Chamber of Commerce have come a long way and stressed the potential for cooperation. Ae expressed his hope that a joint use of the rodeo grounds can be negotiated. CLOSED SES3ION TAE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 10:05 P.M. TO DISCUSS PENDING LITIGATION WITH TAYLOR-SHAFER, POTENTIAL LITIGATION AND PERSONNEL MATTERS. THE CITY COUNCIL MEETING RECONVENED AT 10:40 P.M. NO ACTION TAKEN. MOVED BY WYNKLER, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CI COUNCIL MEETING AT 10:41 P.MD ~ ~~`Z~ GARG~ WA HBURN, MAYOR CIT F LAKE ELSINORE ?~ TESTe ~~~ , 'JICKY KASAD, ...I'PY CLERK ~ITY' OF LAB ~' EI.SINORE