HomeMy WebLinkAbout06-11-1991 City Council MinutesMINUTES
REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
545 CHANEY STREET
LAKE ELSINORE, CA 92330
TUESDAY, JUNE 11, 1991
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CALL TO ORDER
~ ~ The Regular City Council Meeting was called to order by Mayor
~ ~ Washburn at 7:00 p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by City Clerk Kasad.
ROLL CALL
PRESENT: COUNCILMEMBERS:
BUCK, DOMINGUEZ, STARKEY, WINKLER,
WASHBURN
ABSENT: COUNCILMEMBERS:
NONE
Also present were: City Manager Molendyk, Assiatant City Manager
Rogers, City Attorney Harper, Administrative Services Director
Boone, Community Services Director Watenpaugh, Public Services
Director Basham and City Clerk Kasad.
PUBLIC COMMENTS
Rick Ziefeld, North Main Street Antique Mall, protested the
"double standards" for Main Street Design Criteria enforcement.
He questioned alternatives for resolving the inconsistencies.
Joe Ortiz, representing E1 Presidente Restaurant, expressed
concern with the potential condemnation of his buildinq, and
requested the assistance of the City in working with the land
owner. City Manager Molendyk advised that staff is aware of Mr.
Ortiz's concerns and will assist in putting pressure on the
landlord to repair the building. He suggested that Mr. ortiz
meet with Building & Safety Manager Shear to discuss the concerns.
Emerson Brigham, 33500 McGrew, expressed further concern with the
Outlet Center and detailed the sales history of the subject
property, the terms of the agreement with the Redevelopment Agency
and the potential cost to the taxpayers of Lake Elsinore. He
expressed concern with Mayor Washburn's prior brokerage on this
property and the need for disclosure of that involvement.
PRESENTATIONS/CEREMONIALS
Mayor Pro Tem Starkey detailed an event he attended which was
sponsored by the Corona Chamber of Commerce, the Economic
Development Partnership, Inc. and Maruhachi Ceramics of America,
Inc. honorinq Governor Sumita from the Prefectorate of Shimane,
Japan and presented the plaque he receivad on the City's behalf.
A. Art Appreciation Week Proclamation - Helen Florence Baron.
Mayor Washburn detailed Mrs. Baron's background in the arts
and detailed the recognition she has previously received and
her founding of the Lake Elsinore Valley Artists Society.
He read the Art Appreciation Week Proclamation and presented
it to Mrs. Baron.
Mrs. Baron thanked the City Council for this recoqnition and
PAGE TWO - CITY COUNCIL MINUTES - JUNE 11, 1991
introduced the new president of the Lake Elsinore Valley
Artists Society Diane Oderman. She also thanked Mayor Pro
Tem Starkey for his help in funding the organization at its
inception. (F:122.1)
B. Presentation = J.C. Pennv Golden Rule Award _ Leslie Covev.
Ray Humphrey, Presidant, United Way of the Inland Valley,
detailed the J.C. Penny~Award Program and advised that of 150 ~~
volunteers nominated for the award, Leslie Covey is one of
the top ten finalists. He advised that her award was for
$250.0o and that she was donating it for use at the Human
Services Center. Mayor Washburn introduced Leslie Covey and
presented her with a City pin. He also reminded the Community
of this year s telethon which will be held on September 28,
1991. (F:56.1)
CONSENT CALENDAR
Mayor Washburn advised that he would be abstaining from vote on
item #7,
MOVED BY BUCK, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE
TO APPROVE THE CONSENT CALENDAR AS PRESENTED.
1. The following Minutes were approved:
a. City Council Meeting - May 28, 1991. (F:44.3)
The following Minutes were received and ordered filed:
b. Planning Commission Meeting - May 15, 1991. (F:60.3)
2. Received and ordered filed the Building Activity Report for
May, 1991. (F:32.2)
3. Received and ordered filed the Code Enforcement Activity
Report for May, 1991. (F:54.1)
4. Received and ordered filed the Structure Abatement Activity
Report for May, 1991. (F:32.4)
5. Ratified Warrant List for May 31, 1991. (F:12.3)
6. Approved Multi-Year Fire Services Agreement for the period
1991-1995. (F:68.1)
7. Supported Blast from the Past and directed Staff to assist by
rescheduling Saturday activities to allow for set-up and
Denied the Request to Waive Fees. The vote on this item was
4 to 0 with Washburn abstaining. (F:108.1)
8. Approved Award of Adolph Korn Memorial Scholarship to Camron
Gutierrez. (F:56.2)
9. Adopted Resolution No. 91-45 relating to the Letter of Credit
required by California Department of Fish & Game for Collier
Avenue. (F:156.2)
RESOLUTION N0. 91-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
AUTHORIZING THE CITY MANAGER TO FILE AN APPLICATION FOR A
STANDBY LETTER OF CREDIT WITH SECURITY PACIFIC NATIONAL BANK.
10. Adopted Resolution No. 91-46 Confirming Approval of Annexation
No. 56 (Machado/Hammerhead) and authorized the City Clerk to
PAGE THREE - CITY COUNCIL MINUTES - JUNE 11, 1991
transmit certified copies and the $480.00 filing fee to LAFCO
for final processing. (F:20.2)
RESOLUTION NO. 91-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ORDERING TERRITORY DESIGNATED AS ANNEXATION 56
ANNEXED TO THE CITY OF LAKE ELSINORE.
11. Adopted Resolution No. 91-47 - Amending Boundaries of
Community Facilities District 88-3. (F:22.3)
RESOLUTION NO. 91-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
AMENDING THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT N0.
88-3 AND AMENDING THE PUBLIC REPORT OF COMMi7NITY FACILITIES
DISTRICT NO. 88-3.
12. Accepted Alberhill Pump Station Modification as Complete.
(F:22.3)
13. Approved Grant of Overhead Easement to Southern California
Edison (SCE). (F:1~0.3)
14. Adopted Resolution No. 91-48 Setting the Appropriations Limits
for Fiscal Year 1991-92 (Prop. 4). (F:30.1)
RESOLUTION NO. 91-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, SETTING FORTH AN APPROPRIATIONS LIMIT FOR FISCAL
YEAR 1991/1992 CONSISTENT WITH ARTICLE XIII B OF THE
CALIFORNIA CONSTITUTION AND GIVING NOTICE OF THE AVAILABILITY
OF INFORMATION SUPPORTING SAID DETERMINATION.
15. Approved Public Hearing Date of June 25, 1991 for Acquisition
of Property fo~ Public Improvement Projects - Robb/Lakeshore.
(F:48.1)
16. Approved Public Hearing Date of June 25, 1991 for the
following:
a. Zone Chanae 91-1 = William A. Seers. (F:172.2)
A request to change the zone from Commercial Park District
(C-P) to General Commercial (C-2) for 15 acres. The
project is located approximately 720 feet south of
Eisenhower, on the west side of Riverside Drive.
b. 1991-92 Fiscal Year Budget. (F:30.2)
PUBLIC HEARINGS
31. GeneYal Plan Amendment 91-1; Specific Plan Amendment #1 to
Specific Plan 89-2; Development Agreement Amendment - Brighton
Homes. (F:150.2)(X:83.2)(X:68.1)
MOVED BY STARKEY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS
VOTE TO CONTINUE THIS ITEM TO JULY 9, 1991.
BUSINESS/DISCUSSION ITEMS
51. Commercial Pro~ect 91-1 _ Wells Farao Bank. (F:58.2)
A request to approve a Design Review for construction of
Wells Fargo Bank, located on a vacant pad in the Town Center
Shopping Center on the northwest corner of Mission trail and
main entrance of the shopping center.
PAGE FOUR - CITY COUNCIL MINUTES - JUNE 11, 1991
City Manager Molendyk highlighted this project and made
recommendations.
Mayor Washburn commented that this project is designed for the
rest of the Center and questioned the landscaping. City
Manager Molendyk advised that it was also in conformance with
the center.
City Manager Molendyk also advised that Wells Fargo is
planning on maintaining their existing location as well as
this new site.
MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE
TO ADOPT NEGATIVE DECLARATION 91-6 AND APPROVED COMMERCIAL PROJECT
91-1 BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING
CONDITIONS OF APPROVAL.
Findinas
1. The project, as approved, complies with the Goals and
Objectives of the General Plan and the Zoning
District in which the project is located.
This project complies with the design directives
contained in Chapter 17.82.060 and all other
applicable provisions of the Lake Elsinore Municipal
Code.
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.
Plannina Division Conditions
1. Design review approval for Commercial Project 91-1
will lapse and be void unless building permits are
issued within one (1) year. An extension of time, up
to one (1) year per extension, may be granted by the
Planning Commission 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 attached or
reproduced upon Page One of Building Plana prior to
their acceptance by the Division of Building and
Safety.
3. A revised site plan and elevation shall be submitted to
the Planning and Building Departments by the
applicant prior to Building Division issuance of
permits which reflects all Conditions of Approval.
These revised plan shall become the approved plot
plan only upon the review and approval by the
Planning Manager or designee, prior to issuance of
building permit.
4. Applicant shall comply with all requirements of trie
City's Grading Ordinance. Construction generated
dust and erosion shall be mitigated in accordance
with the provisions of Municipal Code, Chapter
15.72 and using accepted techniques. Interim erosion
control measures shall be provided thirty (30) days
after the site's rough grading, as approved by the
City Engineer.
PAGE FIVE - CITY COUNCIL MINUTES - JUNE 11, 1991
5. A final grading plan shall be submitted and shall be
subject to the approval of the Chief Building
Official.
The design and construction of the project shall meet
all County Fire Department standards for fire
protection and shall include emergency vehicle
turning radius, and fire resistance requirements for
all building including sprinklers where required,
and any additional requirements requested by the Fire
Marshal. A fire detector check assembly shall be
required for any interior fire lanes and hydrants. A
letter shall be submitted verifying compliance prior
to issuance of building permits.
7. All roof mounted mechanical equipment incidental to
development shall not be visible from Mission Trail,
nor shall architectural screening be visible.
8. All exterior downspouts shall be painted to match the
building.
9. The final landscaping/irrigation plan is to be
reviewed and approved by the City's Landscape
Architect Consultant and the Planning Manager or
designee, prior to issuance of building permit. A
landscape Plan Check fee will be charged prior to
final landscape approval based on the Consultant's
fee plus twenty peroent.
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.
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
ingress/egress points shall
thirty-six inches (36").
e) The two (2) transformers
relocated by the applicant
landscape plan and soreened
landscaping plan.
feet (15') of
be no higher than
shall be removed and
and shall be indicated on
as part of the
f) 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 exoessive watering.
g) All landscape improvements shall be bonded 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.
h) All landscaping and irrigation shall be installed
PAGE SIX - CITY COUNCIL MINUTES - JUNE 11, 1991
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.
i) Final landscape plan must be consistent with
approved site plan.
j) Applciant shall submit off-site landscapinq plans
for areas per Exhibit ~~A". The Planning Department
may waive this condition without compliance.
k) Final landscape plans to include planting and
irrigation details.
10. 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.
11. All 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. The light fixture proposed is to match the
architecture of the building.
a) Any security lighting located on-site shall be
ornamental and shall be shown on building plans,
subject to the approval of the Planning Manager of
designee, prior to issuance of building permit.
12. All signage shall be by City permit and shall be
consistent with the Town Center Master Signage
Program.
13. The project shall connect to sewer and meet all
requirements of the Elsinore Valley Municipal Water
District (EVMWD). Applicant shall submit water and
sewer plans to the EVMWD and shall incorporate all
district conditions and standards.
14. Trailers utilized during construction shall be
approved by the Planning Division.
15. On-site surface drainage shall not cross sidewalks.
16. Parking stalls shall be double-striped with four-inch
(4") lines two-feet (2') apart.
17. Prior to issuance of any grading permit or building
permits, the applicant shall siqn and complete an
"Acknowledgment of Conditions" and shall return the
executed original to the Community Development
Department for inclusion in the case records.
18. Stucco columns for the two (2) tower elements shall
be replaced with brick columns to be consistent with
the rest of the center.
19. Applicant shall construct sidewalks per Engineering
Department standards as indicated in Exhibit "A".
20. DELETED.
21. Handicap parking shall be revised per Exhibit "A".
PAGE SEVEN - CITY COUNCIL MINUTES - JUNE 11, 1991
22. An exit door shall be installed per Exhibit "A".
Enaineering Department Conditions
None.
52. Residential Proiect 89-18 = Josebh Fitzbatrick. (F:138.2)
A request to appeal the Planning Commission decision to deny a
,, Design Review request for a twenty unit apartment complex on
1.01 acres, located on the west side of Robertson Street
' between Riverside Drive and Shrier Drive.
City Manager Molendyk highlighted previous consideration of
this project and advised that the road, drainage and an
improved facade have been discussed and agreed to.
Chris Bachman, representinq the architect, 1322 June Street,
Fallbrook, offered to address questions.
Dick Knapp, 29690 Dwan, addressed items 52 and 53 with regard
to roads and previously collected in-lieu fees for this area.
Councilman Buck advised that the in-lieu fees mentioned will
begin being used in approximately August of this year and will
be supplemented with approximately $250,000 from the 1991-92
budget.
Mayor Washburn commented that this project is designed well
and requested clarification of the block wall to be provided.
Staff clarified.
MOVED BY DOMINGUEZ, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE
TO ADOPT NEGATIVE DECLARATION 89-51 AND APPROVE RESIDENTIAL
PROJECT 89-18 BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE
FOLLOWING CONDITIONS OF APPROVAL.
Findinas
1. The project, as approved, will comply with the Goals
and Objectives of the General Plan and the Zoning
District in which the project is located.
2. This project complies with the design directives
contained in Chapter 17.82.060 and all other
applicable provisions of the Lake Elsinore Municipal
Code.
3. 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.
Plannina Division Conditions
1. Design review approval for Residential Project 89-18
will lapse and be void unless building permits are
issued within one (1) year. An extension of time, up
to one (1) year per extension may be granted by the
Planning Commission 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 attached or
reproduced upon Page One of Building Plans prior to
PAGE EIGHT - CITY COUNCIL MINUTES - JUNE 11, 1991
their acceptance by the Division of Building and
Safety.
3. Materials and colors depicted on the materials board
shall be used unless modified by the Planning Manager
or designee.
4. Applicant shall meet all Conditions of Approval prior
to the issuance of a Certificate of Occupancy.
5. A revised site plan and elevation plan shall be
submitted to the Planning and Building Departments by
the.applicant prior to Building Division issuance of
permits which reflects all Conditions of Approval.
These revised plans shall become the approved plot
plan only upon the review and approval by the
Planning Manager or designee, prior to issuance of
building permit.
6. The building address shall be a minimum of six inches
(6") high and shall be easily visible from the public
right-of-way. Developer shall obtain street
addresses for all project lots prior to issuance of
building permits. The address (in numerals at least
six inches (6") high) shall be displayed near the
entrance and be visible from the front of the unit.
7. A final qrading plan shall be submitted and shall be
subject to the approval of the Chief Building
Official.
8. Applicant shall comply with all requirements of the
City's Grading Ordinance. Construction generated
dust and erosion shall be mitigated in accordance
with the provisions of Municipal Code, Chapter 15.72
and using accepted techniques. Interim erosion
control measures shall be provided thirty (30) days
after the site's rough grading, as approved by the
City Engineer.
9. Applicant shall comply with the City's Noise
Ordinance. 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.
10. Applicant is to meet all applicable City Codes and
Ordinances.
11. Meet all State handicap requirements.
12. Project must meet all requirements of Cal-Trans.
13. All signage shall be by City permit.
14. Trash enclosures shall be constructed per City
Standards as approved by the Planning Manager or
designee, prior to issuance of building permits.
15. On-site surface drainage shall not cross sidewalks.
16. Trailers utilized durinq construction shall be
approved by the Planning Division.
17. Prior to the issuance of building permits, applicant
shall pay school fees to the Lake Elsinore Unified
School District.
PAGE NINE - CITY COUNCIL MINUTES - JUNE 11, 1991
18. The project shall connect to sewer and meet all
requirements of the Elsinore Valley Municipal Water
District (EVMWD). Applicant shall submit sewer plans
to the EVMWD and shall incorporate all district
conditions and standards.
19. The project shall meet all the requirements of
Elsinore Water District.
20. The design and construction of the project shall
meet all County Fire Department standards for fire
protection and shall include emergency vehicle
turning radius, and fire resistance requirements for
all buildings including sprinklers where required,
and any additional requirements requested by the
Fire Marshal. A fire detector check assembly shall
be required for any interior fire lanes and hydrants.
A letter shall be submitted verifying compliance
prior to issuance of building permits.
21. All exterior downspouts :shall be painted to match
the building.
22. Forced air ventilation is required in all units.
Wall mounted air conditioners shall not be used.
23. All mechanical and electrical equipment of the
building shall be ground mounted. All outdoor ground
or wall mounted utility equipment shall be
consolidated in a central location and
architecturally screened along with substantial
landscaping, subject to the approval of the Planning
Manager, prior to issuance of building permit.
24. Any proposed metal mailbox shall be treated to blend
with the complex's design theme. Mailbox plans shall
be submitted for approval prior to issuance of
building permits, and shall be subject to the
approval of the postal service and the Planning
Manager or designee.
25. All exterior on-site lightinq 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. The light fixture proposed is to match the
architecture of the building.
26. The final landscaping/irrigation plan is to be
reviewed and approved by the City's Landscape
Architect Consultant and the Planning Manager or
designee. A Landscape Plan Check fee will be charged
prior to final landscape approval based on the
Consultant's fee plus twenty percent (20~).
a) All planting areas shall have permanent and
automatic sprinkler system to provide 100~ plant and
grass coverage using a combination of drip and
conventional irrigation methods.
b) Applicant shall plant street tree's, selected from
the City~s Street Tree List, a maximum of thirty-feet
(30') apart and at least twenty-four-inch (24") box
in size.
c) All planting areas shall be separated from paved
PAGE TEN - CITY COUNCIL MINUTES - JUNE 11, 1991
areas with a six-inch (6") high and six-inch (6")
wide concrete curb.
d) Planting within fifteen-feet (15') of
ingress/egress points shall be no higher than
thirty-six-inches (36").
e) Landscape planters shall be planted with an
appropriate pa'rking 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 landscaping plan.
g) The landscape plan shall provide for ground cover,
shrubs, and trees and meet all requirements of the
City~s adopted Landscape Guidelines. Special
attention to the use of Xeriscape or drought
resistant plantings with combination drip irrigation
system to be used to prevent excessive watering.
h) Al1 landscape improvements shall be bonded 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
prior to Certificate of occupancy. All planting
areas shall include plantings in the Xeriscape
concept, drought tolerant grasses and plants.
j) Final landscape plan must be consistent with
approved site plan.
k) Final landscape plans to include planting and
irrigation details.
27. 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.
28. A six foot (6') high masonry wall shall be
constructed along the side and rear property lines
and shall conform to Section 17.14.080 (Fences and
Walls), subject to the approval of the Planning
Manager or designee, prior to issuance of building
permit.
29. Fences located in any front yard shall not exceed
thirty-six inches (36") in height with the exception
that wrought-iron fences may be five feet (5~) in
height. Chain link fences shall be prohibited.
30. DELETED.
a) The applicant shall build a crib wall along
Riverside Drive in lieu of the proposed retaining
wall. Irrigation and planting material shall be
shown on the final landscape plans, subject to the
approval of the City's Landscape Architect. The
six-foot (6') high perimeter wall shall be
constructed on top of the crib wall.
31. Garage shall be constructed to provide a minimum of
PAGE ELEVEN - CITY COUNCIL MINUTES - JUNE 11, 1991
nine-feet-six-inches by nineteen-feet-six-inches
(9'6" x 19'6'~) of interior clear space for two cars
for a total interior clear space of nineteen-feet by
nineteen-feet-six-inches (19' x 19'6").
32. Final floor plans shall provide one (1) washer/dryer
pair per unit for a total of twenty (20) pair for the
entire project.
33. Applicant to submit final building plans which show
well fitted, well weatherstripped, sound related
assemblies. All window and door assemblies shall
have a Sound Transmission Class (5TC) necessary to
reduce interior noise levels to 45db CNEL or below.
34. Prior to issuance of any grading permit of 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.
Engineerina Debartment Conditions
35. All Public Works requirements shall be oomplied with
as a condition of development as specified in the
Lake Elsinore Municipal Code at the time a building
permit is issued.
36. DELETED.
a) Construct all publio works improvements along
Shrier Drive frontage on approved street plans
(Municipal Code, Title 12). Plans must be
approved and signed by the City Engineer prior to
issuance of building permit (Lake Elsinore
Municipal Code 16.34).
b) Applicant shall prepare engineered plans for the
grading of two (2) travel lanes (25') along Shrier
Drive to Robertson Street and along Robertson
Street to Riverside Drive and place three inches
(3") of asphalt pavement (AC) on four inches of
Class 2 base. The City shall contribute to
one-half the cost of the AC and base.
37. Dedicate underground water rights to the City
(Municipal Code, Title 16, Chapter 16.52.030).
Document can be obtained from the Engineering
Department.
38. Dedicate a five-foot (5') wide strip of additional
street right-of-way along the northerly property
line to the City prior to issuance of building
permit.
39. Public right-of-way dedications shall be prepared by
the applicant or his agent. Deeds shall be submitted
to the Engineering Department for review and approval
prior to issuance of building permit.
40. Process and meet all parcel merger requirements prior
to issuance of building permit.
41. Pay a11 Capital Improvement and Plan Check fees
(Municipal Code, Title 16, Chapter 16.34; Resolution
No. 85-26).
PAGE TWELVE - CITY COUNCIL MINUTES - JIINE 11, 1991
42. 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.
43. 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.
44. Provide fire protection facilities as required in
writing by Riverside County Fire Department.
45. 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.
46. All natural drainage traversing site shall be
conveyed through site, or shall be collected and
conveyed by a method approved by the City Engineer.
a) The applicant shall contribute $4,160.00 (3725/ac)
as a pro-rata share of future drainage improvements.
He shall also prepare a Hydrology Study to determine
the storm run-off increased by his development and
provide mitigation for any immediate flooding caused
by this project.
47. Applicant, City and Cal-Trans shall cooperate in the
design and construction of improvements along
Riverside Drive, if improvements are infeasible then
the applicant shall pay an in-lieu fee prior to
issuance of building permits. The applicant shall
obtain all necessary Cal-Trans permits.
48. Prior to issuance of building permit applicant shall
provide evidence from Cal-Trans that they are aware
of the grading and that they will be able to maintain
an adequate flow or satisfactory flow along Riverside
Drive.
49. Contribute $10,470.00 for the design and
construction of half a median on Riverside Drive
along abutting property line.
50. Post required bond for Public Work Improvements
off-site, if improvements are required by Cal-Trans.
53. Residential Prolect 91-2 _ A.J. Gallo. (F:138.2)
Appeal of Planning Commission Decision to deny without
prejudice a proposal to construct an eighteen unit apartment
complex located easterly of Lakeshore Drive, southerly of
Riverside Drive between Rose Avenue and Palm Street
(AP#375-041-O11, 012, 031, 034, 049, 050, 052).
City Manager Molendyk detailed this appeal and recommended
that the Council uphold Planning Commission's decision to deny
Residential Project 91-2 based on the findings.
Mayor Washburn then asked the applicant to address Council
with his comments.
Mr. A.J. Gallo gave a brief overview of the project and stated
PAGE THIRTEEN - CITY COUNCIL MINUTES - JUNE 11, 1991
that the area, for the most part, is undeveloped and the
surrounding area is individually owned small lots which will
be developed on an individual basis and that his project will
set the tone for proper development. He further stated that
the small developer cannot afford to install all of the
off-site improvements required by the City. He stated that
his company is small, but was more than willing to improve
half the street and the frontage of their property, but that
his company cannot afford to do off-site improvements on other
property frontaqe. Mr. Gallo stated that it is the City's
responsibility to place the improvements and not impose that
oondition on his company, other than what is the fair share.
Mr. Gallo gave a complete overview of the cost of the
improvements and how it impacts his project.
Mr. Gallo stated that his company is proposing to the Council
that his company will repair the existing pot holes in Illinois
Street and re-seal the entire street from their property to
Rose Street. He further stated that the City would have to
pay for the re-pavinq of Rose street according to the City's
specifications which would entail the paving of approximately
5,875 square feet at an estimated cost to the City of $12,222.
Mr. Gallo stated that this compromise concept would solve the
traffic circulation problem for the City and would establish a
tax base which would facilitate the recovery of costs in a
little over one year. Mr. Gallo stated that this would
facilitate the problem and benefit the City and allow his
project to proceed.
Councilman Buck questioned if the City required the street
improvements to be done on Illinois. Public Services Director
Basham confirmed. Councilman Buck further questioned the
amount of fill dirt and asked if it was soil needed to bring
adjacent properties up to grade. Mr. Basham stated that
this was for re-grading and some for slopes due to a safety
concern for ingress and eqress.
Councilman Buck detailed additional concerns with the off-site
improvements being required. Mr. Basham stated that the
applicant was advised that the City would assist in setting up
a reimbursement agreement for the recovery of a portion of the
funds expended. Councilman Buck stated that he would like
project to go baok to staff to resolve some of these concerns.
Councilman Dominguez stated that with a reimbursement
agreement the monies would be recovered and the street would
be a benefit for the project.
Mayor Washburn stated that he liked the design of the project
but felt that the Planning Commission had some very real
concerns. He further stated that at this time he was prepared
to continue the project to work out the conaerns of the
applicant or to deny based on the concerns of the the Planning
Commission.
Councilman Starkey stated that he would like to see the
project go back to staff. He stated that he felt that it was
a good project, and would like to see the problems resolved.
MOVED BY DOMINGUEZ, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE
TO CONTINUE THIS ITEM AND RETURN TO STAFF TO ADDRESS THE CONCERNS
EXPRESSED BY THE PLANNING COMMISSION AND CITY COUNCIL.
54. Revised Temporarv Activitv Permit OA 91-8 = Bungee Fever. Inc.
& Alan Manee. (F:67.3)
A request to operate for 90 days a temporary Outdoor
PAGE FOURTEEN - CITY COUNCIL MINUTES - JUNE 11, 1991
Recreation Facility located within Spyglass Ridge at the
terminus of Main Street and Camino De1 Norte ad~acant to the
Corona Freeway.
City Manager Molendyk explained this request for a 90 day
temporary outdoor recreation facility permit. He explained
that this project was approve by the City Council on March 12,
1991, the reason for the revision was a change in location.
Councilman Starkey questioned the enforcement of Condition No.
13 relating to alcoholic beverages. Mr. Manee explained that
in order to control the possession and consumption of
alcoholic beverages the people there will not be allowed to
wander beyond the site and the operators would show no
tolerance to anyone who abused the condition.
Councilman Dominguez stated that signs should be posted to
inform the public that there are no alcoholic beverages
allowed.
Mayor Washburn stated that Condition No. 13 should be revised
to state that the permit can and will be revoked by the City
of Lake Elsinore if Bungee Fever, Inc. is in violation. Mr.
Washburn further stated that if this sport becomes very
popular, this site is not sufficient to handle the traffic it
could create. He further suggested another site might be
considered. Mr. Manee advised the company is now pursuing a
future site.
Mayor Washburn questioned the number of spectators that will
be allowed per jumper. Mr. Manee advised that this is not
known, but there are currently 100 parking spaces.
Councilman Dominguez asked if the applicant was satisPied
with the conditions. Mr. Manee requested two changes, one
involving additional road improvements requested by the
Sheriff's Department and the Traffic Engineer; and the other
being to change the starting date to July 1, 1991.
MOVED BY DOMINGUEZ, SECONDED BY STARKEY AND CARRIED BY A 4-0 VOTE
WITH WINKLER ABSTAINING TO APPROVE THE REVISED PERMIT SUBJECT TO
THE FOLLOWING CONDITIONS WITH THE START DATE TO BE JULY l, 1991.
Conditions of Approval:
1. No later than 15 days from the date of the final
action on this case by the approval body or issuance
of building permits, whichever occurs first, the
applicant shall pay all fees required by the City for
the processing of this case.
2. Prior to the commencement of any grading, the
applicant shall obtain permission from all affected
property owners and shall submit a grading plan to
the Building Department for review and approval.
3. Prior to the issuance of building permits and or the
commencement of operations, whichever comes first,
the applicant shall provide to the Director of
Planning a binder of liability insurance for the
proposed activity has been secured for the 90 days of
operation and that the City is named as an additional
insured party, as required by the City Risk Manager.
4. Prior to the issuance of building permits and or the
commencement of operations, whichever comes first,
the applicant shall secure temporary electrical
PAGE FIFTEEN - CITY COUNCIL MINUTES - JUNE 11, 1991
permits from the Building Department for the
inspection of all electrical equipment and arrange
for a full onsite inspection.
5. Prior to the issuance of building permits and or the
commencement of operations, whichever comes first,
the applicant shall provide proof to the Director of
Planning that the following facilities will be
provided onsite:
* Two twenty (20) lb AB rated fire extinguisher.
* A thirty (30) foot clear, bare to ground, fire
break around the entire jumping/parking area.
* A first Aid Station for emergency use.
* A portable cellular phone for emergency
communication.
* Five (5) 30 gallon trash containers.
* One portable restroom for each sex
6. Prior to the placement of any temporary office
trailer/structure, the applicant shall submit site,
elevation and floor plans to the Director of Planning
for review and approval.
7. Prior to the commencement of operations, the
applicant shall provide proof to the Director of
Planning, that the applicant has met all County of
Riverside Aealth Department requirements for food and
beverage service.
8. This Temporary Activity Permit shall be valid for a
period not to exceed 90 consecutive days beginning
June 27, 1991, and expiring on September 27, 1991.
9. Prior to the commencement of operations, the
~ applicant shall provide proof to the Director of
Planning, that all parking spaces have been cleared
and chalked. All parking spaces shall be rechalked
as needed, but no less than once a week.
l0. The hours of operation for this activity shall be
8:00 a.m. to 7:00 p.m. for the months of June and
September and 8:00 a.m. to 8:00 p.m. for July and
August, Monday through Sunday.
11. Prior to the commencement of operations, the
applicant shall post surety in the amount of two
thousand dollars ($2,000) to ensure that the
temporary trailer is removed from the site and the
site is restored to the condition, previously
existing.
12. Prior to the issuance of any building permit and or
commencement of operations, whiohever comes first,
the applicant shall submit to the Director of
Planning, documentation illustrating that the
proposed activity will be adequately screened from
all streets and the freeway.
13. The sale, possession and consumption of alcoholic
beverages at this activity shall be prohibited for
the duration of the 90 day period. The applicant
shall take all reasonable precautions to enforce this
condition. If this condition is not enforced the
permit shall be revoked.
14. Prior to the placement of any type of sign onsite
PAGE SIXTEEN - CITY COUNCIL MINUTES - JUNE 11, 1991
advertising this activity, the applicant shall submit
to the Director of Planning for review and approval
plans indicating the size, materials and location of
any proposed sign.
15. The applicant shall provide an individual waiver of
liability in a form acceptable to the City Attorney.
55. Request to Rescind Resolution No. 87-64 regardina Slope
Easements. (F:156.1)
A request received from Dick Knapp to Rescind Resolution No.
87-64 which authorizes City StaPf to require ten-foot wide
roadway slope easements in the Country Club Heights Area.
City Manager Molendyk detailed this request from Mr. Dick
Knapp.
Public Services Director Basham explained that this policy
was adopted in 1987, recognizing that with hill type terrain
and narrow street right-of-way it is not always possible to
fit all of the necessary improvements in the right-of-way
without slopes encroaching beyond the right-of-way. Mr.
He also explained that the City is now in the process of
developing a program to pave those streets and provide
drainage and proper alignment. Mr. Basham stressed the need
to keep this policy intact and for discretionary use with
each parcel as permits are requested, because repeal of this
policy could require that the City purchase the easements
after the fact to continue the road program.
Councilman Starkay inquired of Mr. Basham
completed, if all the City needs is three
feet, would the City return the remaining
owner. Mr. Basham clarified that this is
for flexibility in the road program rathe
right-of-way.
if when a street is
(3) feet or five (5)
land to the property
an easement to allow
than the actual
Mayor Washburn inquired if a property owner made improvements,
such as a block wall and steps within that ten (10) feet,
whether the City would then need to go and remove it at City
expense. Mr. Basham confirmed that to his understanding the
City would be required to do so and that is why there is a ten
(10) foot easement policy.
Mr. Knapp gave a brief overview of his request and expressed
his concern regarding the existing widths of the roadways at
this time. He statad that in order to allow building on some
of the property, due to the terrain, some of the streets
should be made one-way. The City will have to purchase
easements, because the property owners will not be developing
Por quite some time. He further stated that he knows the City
has the intent to pave County Club Heights, but the
improvements are going to be costly to the City in the
purchase of the easements and he stated he saw no benefit to
take a full ten (10) feet, when the property owner might
better be able to utilize it.
Mayor Washburn then asked Mr. Knapp if he was seated on
Council what would be his position in regard to the roadways
in a decision making situation.
Mr. Knapp explained the procedure for an applicant to approach
the City to develop and stated that this is addressed at the
Engineering grading level and would not be heard at the
Council level and that is why he felt that the Resolution
should be rescinded.
PAGE SEVENTEEN - CITY COUNCIL MINUTES - JUNE 11, 1991
Mayor Washburn stated that he could understand Mr. Knapp's
position, but felt that there was an overriding need for this
polioy to continue at this point in time.
MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY A 3-0 VOTE
WITH BUCK AND STARKEY ABSTAINING TO DENY THE REQUEST TO RESCIND
RESOLUTION NO. 87-64 REGARDING SLOPE EASEMENT.
City Attorney Harper advised that Councilmembers Buck and
Starkey had abstained from discussion and vote on this item
due to the potential for conflict of interest.
BUSINESS ITEMS
56. Second Readina = Ordinance No. 910. (F:172.2)
Regarding Zone Change 90-14 - Tozai, Inc.
MOVED BY WASHBURN, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO.
910:
ORDINANCE N0. 910
AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
PREZONING 10.5 ACRES LOCATED NORTA OF RUNNING DEER ROAD AT ITS
INTERSECTTON WITH ROLANDO ROAD FROM R-R (RIVERSIDE COUNTY
RURAL RESIDENTIAL) TO R-1 (SINGLE-FAMILY RESIDENTIAL). (ZONE
CHANGE 90-14; TOZA2, INC.
UPON THE FOLLOWING ROLL CALL VOTE
AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER,
WASHBURN
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
CITY MANAGER COMMENTS
City Manager Molendyk highlighted the joint Planning
Commission/City Council Study Session regarding the X~roposed
Police Facility, Fire Station and Assessment District in the
downtown area.
City Manager Molendyk reminded the Community of the July 4th
program which will start at 6:30 p.m. at Swick/Matich Park.
City Attorney Harper requested a joint Closed Session to discuss
L.E.A. vs. City of Lake Elsinore, EVMWD vs. City of Lake Elsinore
and two othar matters of potential litigation.
CITY COUNCIL COMMENTS
Councilman Dominguez further commented on the Joint study Session
Assessment District topic and advised that the Public Works
Committee is considering it currently and has received input from
, the Sheriff's Department on problem areas and is contacting the
, Utility companies for possible sources of additional funding for
the improvements.
Councilman Dominguez also commented on the current City truck
route regulation and advised that he has learned that it needs to
be changed to limit the trucks the City is targeting.
PAGE EIGHTEEN - CITY COUNCIL MINUTES - JUNE 11, 1991
Councilman Buck advised the Community of the Chili Cook-out
scheduled for June 22, 1991, sponsored by Golden Spectrum, and
encouraged public attendance.
Councilman Buck detailed the program being planned to address the
concerns in Country Club Heights.
Councilman Winkler commented on Machado Park and the opening which -
will be occurring in the near future. He also advised that the ! ~
Baseball Fields at Tuscany Hills are nearing completion. i
THE CITY COUNCIL MEETING WAS RECESSED AT 8:20 P.M.
THE CITY COUNCIL RECONVENED AT 8:23 P.M.
CLOSED SESSION
TAE CITY COUNCIL MEETING ADJOURNED TO JOINT CLOSED SESSION WITH
THE REDEVELOPMENT AGENCY TO DISCUSS THE LITIGATION AND POTENTIAL
LITIGATION ISSUES DETAILED BY THE CITY ATTORNEY AT 8:23 P.M.
THE CITY COUNCIL RECONVENED AT 9:10 P.M. NO ACTION TAKEN.
ADJOURNMENT
MOVED BY DOMINGUEZ, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE
TO ADJOURN THE REGULAR CITY COUNCIL EETING AT 9:11 P.M.
GA ~ ~~`~(/l/~,/~----~
RY WASHBURN, MAYOR
CIT 0 LAKE ELSINORE
A TEST•
(~~~
ICK KASAD, CYTY CLERK
CITY QF I,AKE ELSINORE