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HomeMy WebLinkAbout01-09-1990 City Council Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 9, 1990 ****************************************************************** " ~ ~ CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Winkler at 7:00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Buck. ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, City Attorney Harper, Administrative Services Director Wood, Community Development Director Gunderman, Community Services Director Watenpaugh, Public Services Director Kirchner and City Clerk Kasad. PUBLIC COMMENTS 1. Tom Tincher, representing five partnerships holding property in the floodplain, expressed concern with the Agency's , compliance with regard to Owner Participation Rights as they relate to the Arvida Agreement. He suggested that prior to signing the proposed agreement, the Agency work with the principle property owners in the area to honor individual owners' rights. 2. Buron Murray, 18975 Palomar Street, expressed concern with the amount of information being provided to Council. He further expressed concern that the specific amount of property to be agreed upon must be specified in the final agreement and it is not. He suggested that until firm figures are presented, the Agency put a hold on the Arvida Agreement. 3. Leon Strigotte, 216 Chaney Street, commented on item #7 on this agenda as it relates to Chaney Street speed limits, and the traffic engineer's recommendations for Chaney Street. He further commented on drainage problems on Chaney Street which have not been mitigated. He referred to accidents which have occurred on Chaney Street recently and suggested the use of Special Traffic Enforcement in this area as well as placement of a stop Sign. - PRESENTATIONS/CEREMONIALS Mayor Winkler invited Tom Thomas to update the Council and Community on the work being done by the Public Safety Committee. Tom Thomas, Chairman, Public Safety Committee detailed recent work by the Committee and advised of an upcoming Public Input program relating the Neighborhood Watch Programs, which would allow the public to call in to a live discussion of the effectiveness of this type of program. He advised that it would be done live on January 24, at 7:30 p.m. on King Videocable Channel 3. PAGE TWO - CITY COUNCIL MINUTES - JANUARY 9, 1990 Captain Bill Reynolds, Riverside County Sheriff's Depar~ment, Lake Elsinore station, further detailed the work of the Comm~ttee and emphasized the effectiveness of Neighborhood Watch Programs. H7 also reemphasized the recent increases in public services the c~ty has contracted for. Tom Thomas further advised that a total of six public input programs would be aired on King Videocable 3 and advised that the phone number to call in would be 674-6917. ",^,T"'T":"I'Tm ,.,"" T T":"I'TT"'\'7t. T'\ __"',_......, ~ ""'~..................,I.J.c-.A..L, -- The following items were pulled from the Consent Calendar for further consideration and discussion: Item Nos. 3,4 and 7. MOVED BY WASHBURN, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. December 26, 1989 - Regular City Council Meeting. The following Minutes were received and ordered filed: b. December 20, 1989 - Planning Commission Meeting. 2. Received and ordered filed the Building Activity Report for December, 1989. 5. Ratified the Warrant List for December 29, 1989. 6. Approved Proclamation regarding Year of the Oak, 1990. 8. Approved Final Tract Map 17413-8. Authorized City Clerk to sign Map and accepted dedication of Underground Water Rights for recordation with the Final Map. - ITEMS PULLED FROM CONSENT CALENDAR 3. Code Enforcement Activity Report - December, 1989. Councilman Washburn emphasized the volume of Code Enforcement Activity for the last year, and stressed the importance of this program. He also thanked the City Staff that handles Code Enforcement for their work. MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO RECEIVED AND ORDER FILED THE CODE ENFORCEMENT ACTIVITY REPORT FOR DECEMBER, 1989. 4. Structure Abatement Activity Report = December, 1989. Councilman Washburn detailed he Structure Abatement Activity for the last year as well. He thanked the Staff involved as well as the Property Owners who assisted the City in Cleaning up unsafe structures. MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO RECEIVED AND ORDER FILED THE CODE ENFORCEMENT ACTIVITY REPORT FOR DECEMBER, 1989. __ 7. Enqineerinq and Traffic Survey for Speed Limits and Related Resolution No. 89-71. Continued from December ~ 1989. Councilman Dominguez requested that this item be referred back to staff for review and suggested postponement to the next . PAGE THREE - CITY COUNCIL MINUTES - JANUARY 9, 1990 City Council Meeting at which time he would like to proceed with the stop Sign at Sumner and Chaney streets. Mayo~ Winkler suggested that this item be referred to the Publ1c Works Committee in conjunction with the City Attorney. Councilman Washburn suggested that a second area of concern with regard to speed is between Townsend and Graham on Lakeshore Drive. 1\1I'''''1'7''C1T''\ 'D" T"\1"\1\A'T"T/""ITT1"~'U7 (""I~""^""T"''r.'''' n,,. T.T'? t"'tTTnTTn'l.T "A'TT"'lt, ,...'" ?'\T'"\"'~""" .....~.. ."'..... ..._.._...._ --- ~ -- -- ------~----, ----....,-- -- .,..............~v~,,~. ~-......,6J .........._~...'\..,I",,~~I.J J..J~ uJ.~n.L".L.L.J.vu.;,:) VOTE TO REFER THIS ITEM TO STAFF FOR RETURN TO COUNCIL IN TWO WEEKS. PUBLIC HEARINGS 31. Vesting Tentative Tract Map 25281 - Century American (R.C. Hobbs ~. A request for approval of a Vesting Tentative Tract Map for 144 condominium units on 8.38 acres, located at the southeast corner of Casino Drive and Franklin Street. Community Development Director Gunderman detailed this request and explained that it was previously approved as an apartment complex and the current proposal is for apartments suitable for conversion to condominiums at a later date. He further explained that the project has been upgraded to include enclosed detached garages and individual laundry facilities. The City Clerk reported no written comments or protests. Mayor Winkler opened the public hearing at 7:29 p.m. asking those in favor of Tentative Tract Map 25281 to speak. The following person spoke: Robert Long, representing the applicant, further detailed the proposed upgrades to the oriqinal plan for future conversion to condominiums. Mayor Winkler asked those in opposition to speak. Hearing no one, the public hearing was closed at 7:31 p.m. Councilman Dominguez expressed concern with proposed condition #17 and the City's ability to condition with items that relate to Cal-Trans. He also suggested that staff work with Cal-Trans in advance so there will be no delays at the last minute. Councilman Buck questioned the time frame for construction of this project. The applicant advised that there is currently no water available to this site and they are currently dependent on water lines to be installed by Friedman Homes across the freeway. Councilman Buck further questioned the planning which has been done for future alignment of this street and how it would be effected, and whether they have been conditioned to participate in future street alignment. Staff confirmed that the applicant had been conditioned to participate at a later date. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY A VOTE OF 4 TO 0 WITH WASHBURN ABSTAINING TO ADOPT NEGATIVE DECLARATION NO. 88-41, ADOPT FINDINGS LISTED BELOW: PAGE FOUR - CITY COUNCIL MINUTES - JANUARY 9, 1990 Findinqs 2. Subject to the attached conditions the proposed project is not anticipated to resu~t in any significant adverse environmental 1mpact. This project, as approved, complies with the,Goals and Objectives of the General Plan and the H1gh Density Residential Zoning District. 1. ... oJ . ",,1-J_ ____..!__..... __ __.__,.!..L....!.___ ~,-" -. ." .L.L.&..J..ii:;Ii .,t:-'.L.\JJev\"', a.~ \""jo'-".l.a.u..\ooo.J..'-'.l.a.~"""" ","",V.lU.l::""..L..LCQ design directives contained in Section all other applicable provisions of the Municipal Code. 4. Conditions and safeguards pursuant to section 17.82.070, including guarantees and evidence of . compliance with conditions, have been incorporated into the approval of the property in accordance with the Objectives of Chapter 17.82.060 and the Planning District in which it is located. w........ ...ue 17.82.060 and Lake Elsinore .... 5. The subdivision, as conditioned, will not have significant impact on the environment. 6. The subdivision is consistent with the Goals and Objectives of the City's General Plan and is also consistent with the purpose and standards of the R-3 MUlti-Family Residential District. 7. The project, as conditioned, complies with the objectives and Standards of the City's Subdivision Ordinance. 8. The site is physically suitable for the type of development proposed. 9. As conditioned, there will be no conflicts with identified public easements. - APPROVE VESTING TENTATIVE TRACT MAP 25281 SUBJECT TO CONDITIONS: Planning Division Conditions 1. Each of the tenants of the proposed condominium, community apartment project or stock cooperative project shall receive written notification of intention to convert at least 60 days prior to the filing of a tentative map. In addition, a finding shall be made that each tenant has received 10 days written notification that an application for a public report will be, or has been, submitted to the Department of Real Estate, and notices to tenants required by this subdivision shall be deemed satisfied if such notices comply with the legal requirements for service by mail. 2. Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has ~een, or will be, given written notification within 10 days of approval of a final map for the proposed conversion. ..,. 3. Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been, or will be, given 180 days notice of intention to convert prior to termination of PAGE FIVE - CITY COUNCIL MINUTES - JANUARY 9, 1990 tenancy due to the conversion or proposed conversion. The provision of this sUbdivision shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including, but not limited to, the provision of services, payment of rent or the obligations imposed by Sections 1941, 1941.1 and 1941.2 of the Civil Code. 4. Each of the tenants of the proposed condominium, community apartment project, or stock cooperative ---~--.... "--- "-.....-- ----~" ,-- --.!__.___ ___..1.-.!_._ _,.._ r..-J......-'- "'.A."",,,,_ AtI'-'-J.J.I v. vV...L...L IJC, '::::f~vt:::J..&. .1J.U'-..L\.;t: U.L. Q..1! exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his or her intention not the exercise the right. 5. The Vesting Tentative Tract Map shall comply with the State of California Subdivision Map Act and shall comply to all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by the Conditions of Approval. 6. This conditionally approved Tentative Tract Map Number 25281 will expire two (2) years after the City Council approval date, unless extended as provided by the State of California Subdivision Map Act. 7. The applicant shall provide connection to public sewer for each lot within the subdivision. No service lateral shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the Elsinore Valley Municipal Water District. 8. A precise survey with closures for boundaries and lots shall be provided, per City ordinance. 9. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 10. 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. 11. All signage for this project shall require appropriate City permits. 12. All trailers utilized during construction, mail boxes, and signage shall be subject to City Planning review and approval prior to installation. - 13. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. In addition, all applicable Park and Capital Improvement fees shall be paid at this time. 14. Prior to final map approval, this subdivision shall be included within the City's Lighting and PAGE SIX - CITY COUNCIL MINUTES - JANUARY 9, 1990 Landscaping Assessment District (Parkway Maintenance District) . 15. Applicant shall pay AB 2926 School District fees in effect at the time building permits are issued. 16. Final Map shall reflect plotting as approved on plans date stamped November 6, 1989. 17. As a part of the landscapi~g plan for the pr~~~ct ...:1____., ___.__ _'-_'" ~..._.!.,--- -l--, - -~._---.~. "....1::.. -,,-.--.C''''.---:-..... \.A.v'" ~";''''''t'-'''' ....,......~......, 1;:'.... ......""".... -"'" ........,tJu,"""'......v\O-"O ""'.... v""""'""''''''''J::''''''''''......''''"'~ permit, submit for approval by the Community __ Development Director or his designee, a final landscape plan for the freeway right-of-way adjacent to the project boundary. Enqineerinq Department Conditions 18. 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. 19. Construct all off-site improvements per approved street plans (Municipal Code, Title 12), plans which must be approved and signed by the City Engineer prior to final map approval. 20. Street improvement plans and specifications shall be prepared by a civil engineer and improvements shall be to Riverside County Road Department standards and city Codes (L.E.M.C. 12.04 and 16.34). 21. 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). - 22. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52.030). 23. Submit a letter of verification 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. 24. 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. 25. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16.34; Resolution No. 85-26). 26. All natural drainage traversing site shall be conveyed through site or provided for by a method approved by the City Engineer 27. All compaction reports, grade certification, monument certification (with tie-notes delineated on 8-1/2" x 11" mylar) shall be submitted to Engineering Department before final inspection of off-site improvements will be scheduled and approved. 28. Provide street lighting and indicate on street -- PAGE SEVEN - CITY COUNCIL MINUTES - JANUARY 9, 1990 improvement plans, as required by the City Engineer. 29. Hydrology and hydraulics study shall be submitted to the Engineering Department for review and approval. Study shall provide calculations to show Casino Drive has capacity to carry ten (10) year frequency storm run-off between curbs. 30. Culvert under Casino Drive shall be abandoned in place. If used for site drainage, downstream exit ~'h~" 'h", """""..""...,..;..::3......,.:::z ......:~\.or. _____... ..:r..:__.:__,,-__ T"'II..!__,_______ --...-....- -- J:'--v..-___ ".............. -............."='.1 """'...........~......t''"'''''"'"v.. 1.J......,;;,""".&.4\..4,.&..":::J....... from culvert shall be accepted by downstream property owner or directed into drainage easement. 31. Encroachment permits from Cal-Trans for grading and slope easements on their right-of-way shall be obtained prior to grading permit. 32. Slope easements and grading easements shall be obtained from adjacent private property owners where necessary prior to final map approval. 33. A slope easement and maintenance agreement shall be obtained from Cal-Trans for slopes on northeast property line before final map approval. 34. Provide right-of-way dedication on Casino Drive necessary to accommodate an 80 foot right-of-way (40 foot from centerline and 40 feet from centerline on Franklin. 35. Applicant shall contribute pro-rata share for public work improvements recommended by traffic study commissioned by applicant and local developers prior to building permits. 36. Contribute $840.00 towards the City's Master Entryway Sign Program. 37. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds. 38. Provide fire protection facilities as required in writing by Riverside County Fire. 32. Tentative Parcel Map 25347 = Cent ex Homes. A request to subdivide 833.3 acres into 4 lots for financing and conveyance purposes, located on the south side of Mountain Avenue and west of Michigan Street. - Community Development Director Gunderman detailed this request and explained that it is only for financing and conveyance purposes. The City Clerk reported no written comments or protests. Mayor Winkler opened the public hearing at 7:35 p.m. asking those in favor of Tentative Parcel Map 25347 to speak. The following person spoke: Larry Truman, Butterfield Engineering, representing the applicant, offered to answer questions. Mayor Winkler asked those in opposition to speak. Hearing no one, the public hearing was closed at 7:36 p.m. PAGE EIGHT - CITY COUNCIL MINUTES - JANUARY 9, 1990 MOVED BY DOMINGUEZ, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO RE-AFFIRM E.I.R. 88-2 AND APPROVE TENTATIVE PARCEL MAP 25347, BASED ON THE FOLLOWING FINDINGS: Findinqs 1. The proposed project will not have significant impact on the environment. 2. The purpose of the tentative parcel map is for . ., ..:J _____ __.:I __ _,_....__, _...__.__.L.. "'::"-,---"- ::.::~ ==::..9::':Z"::'::::=:' ~=:'_~""'.6.tooJ \.4.&."'''''' ".LV "",,-,v~~V.t:-'.I.UC11,",,, i~--di;;;tlY attributable to this project. 3. The proposed project complies with all local zoning and subdivision standards. - 33. Abandonment of g Portion of Hiqh Street, Between Mill Street and Country Club Boulevard. Engineering Manager O'Donnell advised that notification requirements of publication and posting have been met. He further advised that after consideration of the street configuration and undeveloped lots, staff is now recommending that this abandonment be denied. The City Clerk reported no written comments or protests. Mayor Winkler opened the public hearing at 7:40 p.m. asking those in favor of the abandonment to speak. The following people spoke: Tony Schiavone, 780 Lake Street, advised that he is one of the only property owners directly effected by this abandonment and requested that Council proceed with this abandonment. Alan Manee, advised that he is working on behalf of Mr. Schiavone and further detailed the limited impacts on other area property owners. He expressed concern with the Engineering Department's consideration of this matter. - Lou Waddell, Mill Street, advised that he is in favor of this abandonment and the project Mr. Schiavone is proposing. Mr. Kitslaw, 680 Acacia, expressed concern with the future potential of development of High Street, due to the safety issues with children using the street for skateboarding and bicycle riding. Jeff Long, 699 Acacia, further expressed concern with the safety of High Street improvements with the steep grade of this dirt road. Rich Rollinson, 700 Mill Street, also expressed concern with the thought of High Street being improved and supported the abandonment. David Engle, resident of Avenue 1, commented on the steep slope of the streets in this area and expressed concern that High Street is a dangerous street. Kelly Beal, 726 High Street advised that she is in favor of the proposed abandonment and Mr. Schiavone's property. Bob Lynn, 783 Acacia, concurred with concerns of the other residents and supported the proposed abandonment. Mayor Winkler asked those in opposition to speak. Hearing no one, the public hearing was closed at 7:55 p.m. - PAGE NINE - CITY COUNCIL MINUTES - JANUARY 9, 1990 Councilman Washburn requested clarification of the notification process. Mr. O'Donnell advised that posting of the ~rea and publication in the Sun-Tribune are the only requl.rements. MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO OPPOSE STAFF RECOMMENDATION AND APPROVE THE PROPOSED ABANDONMENT OF HIGH STREET. 34. Tentative Parcel Map 24571 and Zone Change 89-7 - Rancon n__, ~... '1:1..._...;1 TT7 ."---""'f .it. ........~"'" ~. A request to subdivide 22.67 acres into 11 parcels and to change the zone from the C-P (Commercial Park) District and M-2 (General Manufacturing) District to the C-2 (General Commercial District), located at the northwest corner of Central and Collier Avenues. Continued from December 26, 1~89. Community Development Director Gunderman reviewed the proposed project and prior Council consideration. He advised that the Freeway Landscape issue, previously discussed, needs to be addressed on a Citywide basis and staff is currently working on a master plan. It is anticipated that after determinations are made, this project would be required to participate, and Mr. Gunderman suggested a condition as follows: "When City has adopted a program, Rancon would be required to participate in that program's implementation." Mr. Gunderman further advised that the Bike Lane issue has been reviewed and a Class III (On-Street) Bike Lane could be provided on Collier Avenue; but none at all on Central, due to the Freeway ramps. The City Clerk reported no written comments or protests. Mayor Winkler opened the pUblic hearing at 8:08 p.m. asking those in favor of Tentative Parcel Map 24571 and Zone Change 89-7. The following person spoke: Fred Crowe, Butterfield Engineering, representing the applicant, advised that they are in agreement with all Conditions of Approval and looking forward to developing a quality project. Mayor Winkler asked those in opposition to speak. Hearing no one, the public hearing was closed at 8:10 p.m. Councilman Washburn commented that he feels this is a good map, but he is still concerned with the landscaping issue. He concurred with the condition relating to Bike Lanes, and suggested that Condition #18 be changed from 85% to 75%. MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO ADOPT THE FINDINGS LISTED BELOW: Findinqs = Tentative Parcel Map 24571 1. No environmental impacts are anticipated as a result of this project. 2. The subdivision meets the development standards set forth by section 17.48 of the Municipal Code (C-2 Zoning District). 3. The proposed land use is consistent with the General Plan. PAGE TEN - CITY COUNCIL MINUTES - JANUARY 9, 1990 Findinqs = Zone Chanqe 89-7 1. Negative Declaration No. 89-22 has been prepared for Zone Change 89-7 and Tentative Parcel Map 24571 based on the findings that all project impacts can be mitigated and no environmental impacts are anticipated. This Zone Change is consistent with the General Plan. 2. "L. !=:t-f'l+,::o P1 ;:I'n'l'd'nN .T.;:IM /"";:11 ~:f'"':",,!!i=,_ ~'.:'~.re:!::'!!!!'.ent Cede section 65860; requires that zoning be consistent with the General Plan. - APPROVE TENTATIVE PARCEL MAP 24571, SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL WITH THE FOLLOWING CHANGES THAT CONDITION #42 SHALL READ "THE PROPERTY OWNER AND SUBSEQUENT PROPERTY OWNER OR ASSIGNS SHALL DESIGN AND PROVIDE FOR THE LANDSCAPING ALONG THE OFF-RAMP FROM FREEWAY OFF-RAMP TO PROJECT SITE AND PARTICIPATE WITH FUNDING MECHANISMS SUBSEQUENTLY ADOPTED BY COUNCIL AND CAL-TRANS" THE ADDITION OF CONDITION #43 RELATING TO BIKE LANES AND CHANGE CONDITION #18 FROM 85% TO 75%. Planninq Division Conditions 1. Tentative Parcel Map 24571 will expire two (2) years from date of approval unless an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 2. Any alterations to the topography, ground surface or any other site preparation activity will require the appropriate City Permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading ordinance, subject to the approval of the Chief Building Official and Planning Department. Interim. and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. - 3. The City'S Noise Ordinance must be met during all site preparation activity. 4. All development associated with this map requires separate Design Review approval, the Master Sign Program to be submitted at the development of the first parcel, in accordance with Section 17.82 of the Municipal Code prior to building permit approval and shall be subject to further environmental review and project conditions in accordance with the provisions of the California Environmental Quality Act (CEQA) Guidelines. 5. At the time of map recordation the applicant shall cause to be recorded an agreement to provide for future reciprocal parking, access, circulation, loading and landscaping maintenance, and a reciprocal ingress/egress agreement for maintenance of signage in favor of all lots, subject to the approval of the Community Development Director or his designee. The agreement shall also include information on any environmental hazards or similar development constraints including the information that the site may be subject to liquefaction hazards; the report, its findings and recommendation shall be made available to all future owners/lessees. - PAGE ELEVEN - CITY COUNCIL MINUTES - JANUARY 9, 1990 6. Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 7. Prior to the first Certificate of Occupancy for Lots 1 and 11 a minimum six-foot (6') high decorative block or masonry wall with maximum four-foot (4') wide wrought iron sections to allow for drainage as necessary shall be provided along the western property line from Collier Avenue to the Interstate 15 boundary, subject to the approval of the Community njO"jOll'"'lnmjOn~ n;,...jO"'~",,... "',.. 'h;c:! ..:I,,,..,..;,........""'''''' ~..-.._._._.--4 "---. --------- -- -,--- ~- -J-"--- -~.'-J 8. The side yard setback for the first 50 feet northerly from Collier Avenue along the westerly boundary shall be 15 feet; this shall be a fully landscaped setback with ground cover, shrubs and trees in accordance with the City's Landscape Guidelines and be permanently irrigated subject to the approval of Community Development Director. The landscaped setback shall be fully improved prior to Certificate of Occupancy for any structure for Lot 1. No structures may encroach into this setback. The remaining side yard setback shall be 5 feet along this property line to the Interstate 15 boundary and along the Interstate 15 boundary (northerly property line) to lettered Lot A. Specimen trees shall be spaced at least 100 feet on center within the setback areas. Planter widths shall be increased where necessary to accommodate the specimen trees. 9. Exhibits 1,2, and 3, by RMG Design Group, illustrating conceptual development plans shall become a part of Tentative Parcel Map 24571 case file and commercial development of the site shall illustrate consistency with the integrated designjsignage concept. 10. One (1) lettered lot shall be indicated on the final map for the City's Entry Way landscape theme. The City at its sole option may in the future accept the lot for dedication. The lettered lot shall be triangular in shape and be located at the northeastern most section of the map (intersection of I-15 and Central). The lot shall have the following dimensions described generally as follows: starting at a point at the most northeasterly corner of the map then southwesterly 90 feet along Central Avenue, then 28 feet northwesterly from said point, then with a radius of approximately 180 feet long to a point intersecting the northerly property line 135 feet from the point of origin, as generally shown on the submitted Tentative Parcel Map date stamped October 27, 1989, for a total square footage of 4,200 square feet. Lettered Lot "A" shall be landscaped in accordance with the City's adopted Landscape Guidelines and shall include ground cover, shrubs and trees, permanent irrigation and be subject to the approval of the Community Development Director or his designee, the city's Landscape Consultant and the City's Redevelopment Consultant. Said improvements shall be provided prior to issuance of Certificate of Occupancy for Lot 7. The lettered Lot "A" landscaped improvements shall be maintained by the developer. ~-).~, ~..~..-". PAGE TWELVE - CITY COUNCIL MINUTES - JANUARY 9, 1990 ~- 11. A triangular shaped, landscaped open space area shall be provided at the corner of Central and Collier Avenues and shall have a minimum dimension of 30 feet from the corner triangular cut off with a total square footage of 2,010. It shall have the following dimensions generally described as follows: starting at the most southeasterly point of the map the 40 feet northeasterly then southwesterly approximately 95 feet to a point intersecting the southerly most property line on Collier Avenue then approximately 40 fe~t:e~~~e~ly ~~d then.north~a~tcrly 36.95 f~et t= point of original. No commercial or accessory structures other than signage may encroach into this area. This area shall be fully landscaped with ground cover, shrubs, trees in accordance with the City'S adopted Landscape Guidelines, subject to the approval of the Community Development Director or his designee. This area shall be fully improved prior to a certificate of Occupancy for any structure in Lot 5. .... 12. All landscape improvements pursuant to Design Review approval for all lots 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. b) Any pads that are not developed within 90 days after grading shall be provided with temporary planting and irrigation. Engineerinq Department Conditions 13. 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. .... 14. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52.030. 15. Applicant shall provide sufficient additional right-of-way for a 61 foot half width right-of-way on Central Avenue to incorporate a deceleration lane for driveways. Geometrics of street sections subject to Cal-Trans and City Engineer's approval for an ultimate 94 foot roadway with a minimum of 7 foot sidewalk. 16. Developer shall provide sufficient right-of-way at the intersection of Central and Collier to insure proper land alignment through the intersection and geometrics as required by Cal-Tans and City Engineer. 17. Applicant shall provide sufficient dedication along Collier for a fifty foot (50') half-width right-of-way to provide for a forty-three (43') half-width roadway with a seven foot (7') sidewalk adjacent to curb. 18. The applicant shall provide the following signal requirements related to this parcel map and future development upon project site. .... a) Applicant shall install a signal at the intersection of Collier and Central upon the . ."~~ PAGE THIRTEEN - CITY COUNCIL MINUTES - JANUARY 9, 1990 issuance of the first Certificate of Occupancy for any building within the shopping center. Applicant to pay full cost of said signal subject to a benefit reimbursement district agreement between applicant and City. Applicant shall, as a process of finalizing signal improvement plans cause to be designed the necessary signals and systems to operate same signals subject to the City Engineer and Cal-Trans approval. In lieu of fees, applicant may cause required signals to be ,...""""~~......,.,,..~-~ .....:....lo-. ___..:r~.... _.:...__ __..::I. _,_..____ ___..L. --.---------.. ..---- ------ ':J_W_". _...._ ""'~........"--~_ ......""""_'- reimbursable by the City from the benefit reimbursement district agreement between applicant and City. b) Applicant shall submit a revised traffic study that addresses the need to install a traffic signal at either the future "B" Street location or main project entry on Collier at such time as 75% of the total square footage of occupancy of the project occurs; if warranted by the revised study applicant shall install the required traffic signal at the identified location as a portion of the area system and shall be reimbursed for expenses above developer's share apportionments set forth in benefit reimbursement district agreement. c) Developer shall, absent previous installation by Cal-Trans or by City, install a signal at the I-15 Southbound Off-ramp at such time as 75% of the total square footage of occupancy of the project occurs, as a portion of the area system and shall be reimbursed for expenses above applicants fair share apportionment set forth in benefit reimbursement district agreement. d) Design of signals shall incorporate appropriat~ interconnects. e) Developer shall pay the lesser of the following as a contribution toward a signal at the northbound on-ramp to I-15. 1) Twenty percent (20%) of the combined construction and design cost, or; 2) A fair share apportionment of the value of such signal as a portion of the total signal program i.e., benefit reimbursement district agreement referenced by this condition in total. 19. Applicant shall construct a raised median along frontage of Collier and Central as permitted by Cal-Trans and the City. The developer will be reimbursed for one-half the cost of the median by property owners on the opposite side of the street when they develop. If the grades of the existing street make installation of the median infeasible, then the developer shall pay for one-half the cost of design and construction of the median subject to the approval of the City Engineer. 20. Minimum seven-foot (7') sidewalks will be required along the frontage of Collier and Central. The developer may provide a parallel pedestrian sidewalk on-site in an easement in lieu of sidewalk adjacent to the curb, subject to the approval of the City PAGE FOURTEEN - CITY COUNCIL MINUTES - JANUARY 9, 1990 Engineer. 21. The street improvements shall be constructed prior to the first certificate of Occupancy. 22. For driveways on Collier and Central which do not have a left-turn movement, there shall be only one egress lane with a maximum width of 15 feet. Ingress lanes for all driveways shall be of sufficient width to provide for truck turning movements. ...~ 23. All improvements constructed on Collier and Central -- will require an encroachment permit from Cal-Trans and subject to design review requirements as stated in letters dated May 15, 1989 and October 31, 1989. 24. Street improvements plans and specifications shall be prepared by a civil engineer. Improvements shall be designed and constructed to Riverside County Road Standards, latest edition, and City Codes (Lake Elsinore Municipal Code 12.04 and 16.34). 25. Provide fire protection facilities as required in writing by Riverside County Fire protection. 26. Provide street lighting and show lighting improvements on street improvement plans as required by the City Engineer. 27. 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. 28. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. __ 29. 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 No. 83-78). 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. 31. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16.34, Resolution No. 85-26). 32. Submit a "Will-serve" letter to the City Engineering Department, from the applicable water agency, stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. 33. Construct all public works improvements per approved street plans (Municipal Code, Title 12). Plans must -- be approved and signed by the City Engineer prior to final map approval (Lake Elsinore Municipal Code 16.34) . 34. Applicant shall obtain all necessary easements for PAGE FIFTEEN - CITY COUNCIL MINUTES - JANUARY 9, 1990 off-site grading from the adjacent property owners prior to grading permit. 35. Contribute $2,267.00 towards the City's Master Entryway Sign Program. 36. Applicant to enter into an agreement with the City for construction of public work improvements and post appropriate bonds. ~..., n....1-__.!. TT___'..__,_____ _*__, ......___,_____,. _ . '_ . --...........-- ....~---...-~.l .......l.l'wl, ~...~y...y.t",4..L.\,.oo .L"t::J:JU.L\...~ J..Ul. .L~V.1.-=W ClllU approval by City Engineer prior to approval of final map. Developer shall mitigate any flooding and/or erosion downstream caused by development of site or redirecting drainage. 38. Provide Soils, Geology and Seismic reports including street design recommendations. Provide final Soils Report showing compliance with preliminary and finish grade certification. 39. All parcels to have direct access to public right-of-way or be provided with an easement by separate instrument to be approved by the City Attorney. 40. All drainage facilities constructed shall meet the approval of Cal-Trans and the City. 41. Collier south of Central will need to be improved for proposed improvements at intersection as required by Cal-Trans and the city. Improvements only to include AC paving for thru lane transition. 42. The property owner, or any subsequent property owner or assigns, shall design and provide for the landscaping along off-ramp from freeway off-ramp to project site and participate in any freeway landscaping funding mechanisms subsequently approved and adopted by the City and/or Cal-Trans. 43. The applicant shall design, and cause to be constructed, a Class III bike trail within the proposed street section on Collier. Said bike trail is subject to Cal Trans and City approval. APPROVE ZONE CHANGE 89-7 AND ADOPT ORDINANCE NO. 877: ORDINANCE NO. 877 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 22.67 ACRES LOCATED AT THE NORTHWEST CORNER OF CENTRAL AND COLLIER AVENUE, FROM C-P (COMMERCIAL PARK DISTRICT) AND M-2 (GENERAL MANUFACTURING) TO C-2 (GENERAL COMMERCIAL) (ZONE CHANGE 89-7 - RANCON REALTY FUND IV). UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PAGE SIXTEEN - CITY COUNCIL MINUTES - JANUARY 9, 1990 35. Ordinance No. 881. Adoption of an interim ordinance of the,city of L~ke Elsinore expanding the moratorium areas on ce:ta1n pr~pert1es around the Lake Perimeter and East Floodpla1n Plann1ng Area. . Mayor Pro Tem Dominguez assumed the Chair. community Development Director Gunderman explained the proposed expansion of the moratorium area. The City Clerk reported no written comments or protests. Mayor Pro Tem Dominguez opened the public hearing at 8:20 p.m. asking those in favor ot' Ordinance No. 881 to speak. No one spoke. Mayor Pro Tem Dominguez asked those in opposition to speak. The following people spoke: ... Ervin Palmer, Elsinore West Marina, requested exemption from the moratorium, in that he is ready to pull permits on part of his improvements. Staff clarified that the approved portions of his plan are exempt from the moratorium anyway. Tom Tincher, representing Whitestone Properties, commented that they are in support of the moratorium to allow time for major issues to be resolved. He requested that strides be made to clear up concerns in the proposed time frame so work can continue. Mayor Pro Tem Dominguez closed the public hearing at 8:26 p.m. Councilman Buck commented on the approved C.U.P. and his feeling that the applicant should be allowed to proceed. Staff clarified that the approved C.U.P is no problem, but there is a new one that has also been submitted recently. .... MOVED BY BUCK, SECONDED BY WASHBURN TO ADOPT THE FINDINGS LISTED BELOW: Findinqs 1. The City, in conjunction with the Redevelopment Agency is contemplating the development of a land use and circulation plan for the east floodplain and City Lake Perimeter. 2. Additional development approvals within the Planning Area may conflict with the proposed elements of the contemplated plan. 3. Current and pending development proposals constitute an immediate threat for adverse impact elements of the contemplated plan, especially the provision of safe and adequate access to public and private lands, thereby constituting a current and immediate threat to the public health, safety, and welfare. AND ADOPT ORDINANCE NO. 881: ORDINANCE NO. 881 .... AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING A MORATORIUM ON NEW DEVELOPMENT APPROVALS ON PROPERTIES IN THE EAST FLOODPLAIN AREA AND CITY LAKE PERIMETER AREA TO INCLUDE PAGE SEVENTEEN - CITY COUNCIL MINUTES - JANUARY 9, 1990 IN THE MORATORIUM CERTAIN PROPERTIES AS FOLLOWS: 1) THE AREA NORTHERLY OF THE PROPOSED INLET CHANNEL DEFINED AS BEING BOUNDED ON THE WEST BY LAKEPOINT PARK, ON THE NORTH BY LAKESHORE DRIVE, ON THE EAST BY THE SAN JACINTO RIVER, AND THEN SOUTHEASTERLY TO THE NORTHERLY BOUNDARY OF THE INLET CHANNEL NEAR THE SOUTHERLY TERMINUS OF RAILROAD CANYON ROAD, 2) THE AREA LOCATED SOUTHERLY OF CEREAL STREET AND BOUNDED BY CORYDON ROAD ON THE SOUTHEAST AND THE CITY LIMITS ON THE SOUTHWEST AND 3) THE LAKE PERIMETER AREA BEGINNING AT THE CITY BOUNDARY AT BONNIE T."""~ "'T"\'T'T"~ '''',.~ ~T'I''''' ~"""r..... ....._''''r.-..........,............._ __....__....._____..... __ ___...__ ....""""....a. ....,..."....v.... ....l......, ........~ ~...,~, "'"'v"",...L..L..u....,\,,;;I' ..:.;,vu.L~.Ln.c....:>J.L.c\.J...I.I.J.U \..:7.t\.ti.L~lJ AVENUE, AND THEN INCLUDING ALL PROPERTIES LOCATED WITHIN THE LAKE SIDE BOUNDARIES OF GRAND AVENUE, RIVERSIDE DRIVE, AND LAKESHORE DRIVE, AND TERMINATING AT LAKEPOINT PARK. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN NONE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER Mayor Winkler re-assumed the chair. 36. Tuscany Hills Specific Plan = Tentative Tract Map 24383 and 25074 thru 25080. Community Development Director Gunderman detailed the proposed Specific Plan and previous Council considerations. He also detailed improvements in lot size, increased park space and other improvements. The City Clerk reported no written comments or protests. Mayor Winkler opened the pUblic hearing at 8:38 p.m. asking those in favor of the Tuscany Hills Project to speak. The following person spoke: Chris Taylor, representing Homestead Development, thanked staff and Council for assistance in working on this project and advised that they are in agreement with the conditions. Mayor Winkler asked those in opposition to speak. Hearing no one, the public hearing was closed at 8:40 p.m. Councilman Washburn inquired whether the City Attorney had reviewed the most recent draft of the development agreement. City Attorney Harper confirmed that he had. Councilman Washburn questioned the proposed future fire station location. Chris Taylor showed the closest property to Railroad Canyon Road, owned by Homestead as a potential site; however indicated that would need to be worked out at a later date between the City Staff and Homestead. Chris Taylor showed illustrations for the recreation building for which permits have already been taken out. Councilman Washburn requested that the word "may" in Condition #2 be changed to "shall". MOVED BY WASHBURN, SECONDED BY BUCK TO APPROVE THE TUSCANY HILLS SPECIFIC PLAN, APPROVE THE AMENDED AND RESTATED DEVELOPMENT PAGE EIGHTEEN - CITY COUNCIL MINUTES - JANUARY 9, 1990 AGREEMENT OF 1980; APPROVE THE ADDENDUM TO THE CANYON LAKE HILLS FINAL ENVIRONMENTAL IMPACT REPORT, AND APPROVE THE STEPHENS KANGAROO RAT CONSERVATION AGREEMENT BASED ON THE FOLLOWING FINDINGS: Findinqs L This request is anticipated to result in several significant adverse environmental impacts associated with the development of the site. These impacts are A.o~"'''''~ ht"'\A ..; ~ ~'hc. r"t'"30"l"\'t?,...,.,... T '"3olr,.... u":" - 1::''': """"~, ...- ----- ---- -.. -.... --....1 """.... ~""".....- ....---- - -....-- Environmental Impact Report and subsequent addenda to that FEIR. - 2. This request will result in significant environmental impacts associated with loss of habitat, traffic circulations, degradation of air quality and a substantial contribution to the cumulative impacts of area-wide urban development which may be partially mitigated but are anticipated to remain significant upon development of the site as allowed under the General Plan. Impacts of the Tuscany Hills Specific Plan are found to be acceptable due to benefits derived from the project, specifically the provision of 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. 3. The Tuscany Hills Specific Plan meets the Specific Plan criteria for content and systematic implementation of the General Plan established by section 65450 of the California Government Code and Section 17.99 of the City of Lake Elsinore Municipal Code. - 4. The Tuscany Hills Specific Plan and Amended Development Agreement will not be detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood - of the project area, nor will it be injurious to the property or improvements in that area of the City as a whole, based upon the provisions of the Plan, mitigation measures and Conditions of Approval. Planninq Division Conditions 1. The text of the November, 1989 version of the Tuscany Hills Specific Plan shall be revised to incorporate corrections and revisions and any typographical errors subsequent to approval of the Specific Plan and prior to its effective date. A legible set of Specific Plan exhibits shall be made a part of the final documents. 2. The addendum to the Canyon Lake Hills Environmental Impact Report shall be revised to "draft final" format in consultation with staff prior to City Council hearings with seven (7) copies delivered to the City to include revisions to the text to address comments or correct typographical errors. - 3. Developer will comply with all EIR mitigation measures as identified in mitigation monitoring program. PAGE NINETEEN - CITY COUNCIL MINUTES - JANUARY 9, 1990 4. Developer will incorporate those design guidelines described in the Specific Plan as individual tentative maps are approved. 5. All bike ways addressed within the Tuscany Hills Specific Plan shall be shown on tentative maps. 6. Developer shall comply with all conditions of the Conservation Agreement entered into with the United States Fish and Wildlife Service. 7. During all grading operations, adherence to the South Coast Air Quality Management District's Rule 403, dealing with fugitive dust and watering, shall be required. 8. Lot sizes shall not deviate from those lot sizes shown in EXhibits 1 and 2, except that smaller lots may be developed as larger lots. 9. Minimum lot width shall be 50 feet for single-family detached home lots. 10. Double fronting lots on primary or secondary streets shall have a minimum lot depth of 120 feet or a combination of increased parkway width and lot depth in order to create sufficient separation from these more heavily traveled streets. 11. Residential lots of less than 5000 square feet shall be subject to the approval of the Planning Commission. 12.. Front yard ~etbacks for garages shall be seventeen feet (17') with minor variations for grading and aesthetic purposes permitted to a minimum of ten feet (10') subject to the approval of the Planning Commission. 13. Side yard setbacks shall be a minimum of five feet (5') of level ground. Corner lots shall have a setback of a minimum of ten feet (10'), of which five feet (5') shall be level ground. 14. The water feature in the main entry shall be designed and installed in such a manner that maintenance is ensured throughout the life of the project. The City may require a bond for the main water feature. 15. The side and rear elevations of homes shall be well designed and given appropriate architectural treatment, especially when they will be visible from public rights-of-way. 16. Entry monument features shall be placed to be in compliance with the City's sight-distance standards. 17. Landscape standards for materials and installation shall be established in accordance with the Tuscany Hills Specific Plan. 18. Slopes on individual lots that are in excess of three (3) feet in height shall be landscaped and irrigation shall be installed by the developer. 19. The internal spacing of wall pilasters shall be subject to the approval of the Community Development Director. PAGE TWENTY - CITY COUNCIL MINUTES - JANUARY 9, 1990 20. All lots with side and/or rear yards adjacent to public rights of way or open space areas shall have decorative walls installed by the developer. 21. Tuscany Hills specific Plan shall be revised to incorporate corrections and revisions and any typographical errors subsequent to approval of Specific Plan and prior to its effective date. legible set of Specific Plan exhibits shall be part of the final documents. Interior lot line fencing will be required and installed by the builder. Said internal fencing may be of other standard fencing materials in accordance with the provisions of the specific Plan, unless the interior fence is visible from a public right of way. the A made a ,_...,'.... - 22. The Specific Plan shall designate where the various wall designs are to be located: i.e., decorative masonry, combination wrought iron, and decorative masonry or wood fencing. Enqineerinq Division Conditions 23. city and County Fire Department standards shall be satisfied prior to construction of any structures. 24. Improvement plans, including sewer and water, shall be approved prior to the final map approval. 25. All site planning shall incorporate measures to promote waste reduction and recycling to the extent feasible. 26. Prior to tentative map approval for the northern portion of Tuscany Hills, the project proponent will submit for review and approval a conceptual drainage plan to the City of Lake Elsinore. Final drainage plans shall be approved prior to recordation of final tract maps or as may be required. - 27. On-street parking shall be provided at a minimum of one (1) space per unit/lot. On-street parking can be aggregated within a tract/neighborhood. 28. One side of each single-loaded street shall be posted for "No Parking". 29. Provisions for secondary access from Greenwald Avenue shall be accommodated prior to the issuance of use and occupancy permits for Phase One development. 30. Single-loaded cul-de-sacs and loop streets not more than 1,000 feet in length shall have forty (40) foot right-of-way, twenty-eight (28) feet curb-to-curb, eight (8) foot parkway on the loaded side, and four (4) foot parkway for unloaded side. 31. Single-loaded streets serving as through neighborhood access shall have a forty-six (46) foot right-of-way, thirty-six (36) foot curb to curb, six (6) foot parkway on the loaded side and four (4) foot parkway on the unloaded side. - 32. All single-loaded street intersections with local streets shall have a forty-six (46) foot right-of-way and thirty-six (36) foot curb-to-curb dimension. PAGE TWENTY-ONE - CITY COUNCIL MINUTES - JANUARY 9, 1990 33. All double and single-loaded cul-de-sac streets shall terminate in a modified cUl-de-sac with a curb radius at the bulb of thirty-six (36) feet. 34. A complete and detailed infrastructure schedule shall be submitted to the City Engineer and approved by the Planning Commission before any final map is approved. Infrastructure schedule shall include timing of and bonding for traffic signal installation and ultimate completion of the backbone system. The schedule -"--" "-- ......! --, .....- ---......------ -~ --- - _.1 ......! __ .L-__ I .........&."'-1.......... #."1-,,-,, ,"-..a..~\.4 \000'-" V............u.J::J'Q,~"i.'_"l,. UJ.. i::Il-Ie\...04J...~\"'; \...J..Q\,.;l..i::t. 35. 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. 36. The maximum grade for any manufactured slope shall be 2:1 or 50% or as may be approved by the City Engineer based upon recommendations by a soils engineer on slope stability. Buildinq/Safetv Division Conditions 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. Issuance of all City construction permits by the project proponent will be subject to any City Noise Ordinances and Policies. 39. The project proponent will be required to submit additional acoustic studies to the City of Lake Elsinore prior to building permits as required by the Chief Building Official. 40. Prior to construction, the Chief Building Official shall approve a grading plan and all supporting studies. 41. Garage door openers shall be installed in all residential units. 42. The minimum lot width at the street property line for pie-shaped lots shall be thirty (30) feet or alternatively, there shall be at least one on-street parking space for each pie-shaped lot. 43. All walls and fencing shall be installed by the builder. Community Services Division 44. A park implementation plan shall be prepared for review and approval by the Community Services Director. The park implementation plan shall provide that the five-acre park in Planning Area 2A be improved prior to the issuance of the 51 Certificate Of Use and Occupancy. Said plan shall also provide that the five-acre (5) park in Planning Area 4 adjacent to the school site be improved prior to the issuance of the 1001 certificate of use and occupancy. Further, the park implementation shall provide that the 3.2 acre public park adjacent to the PAGE TWENTY-TWO - CITY COUNCIL MINUTES - JANUARY 9, 1990 lake be improved and available for public use prior to or concurrent with the improvement of the lake. Installation of park facilities shall occur in accordance with the park implementation plan. 45. Developer shall participate,in the City of ~ake, Elsinore City-wide Landscap1ng and Street L1ght1ng District pursuant to Resolution No. 88-27. Public Works Division 46. Contour grading should be practiced throughout the -- project by using natural curves and variable slopes, including variations to the standard 2:1 slope. 47. Drainage structure required on large slopes should be designed to avoid an angular layout or rigid geometric patterns. 48. The 37.4-acre open space/park will be owned and maintained by the homeowners' association or some other private entity. The developer will make an offer for dedication of this area. 49. The 3.2-acre open space/park area adjacent to the lake and the private recreation facility will be owned and maintained by the homeowners' association. The developer will make an offer for dedication of this area. 50. The 30.9-acre wildlife corridor will be owned and maintained by the homeowners' association. The developer will make an offer for dedication of this area. 51. All open space and slopes outside the public right-of-way will be owned and maintained by either a __ master homeowners association or private homeowners. All open space areas owned by the homeowners association will be offered for irrevocable dedication to the City. ADOPT RESOLUTION NOS. 89-73 AND 89-74: RESOLUTION NOS. 89-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CERTIFYING ENVIRONMENTAL DOCUMENTS FOR THE TUSCANY HILLS DEVELOPMENT. RESOLUTION NO. 89-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A CONSERVATION AGREEMENT AND DECLARATION OF COVENANTS FOR THE TUSCANY HILLS DEVELOPMENT AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO. ADOPT ORDINANCE NOS. 879 AND 880: ORDINANCE NO. 879 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A SPECIFIC PLAN FOR THE TUSCANY HILLS DEVELOPMENT AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO. .... UPON THE FOLLOWING ROLL CALL VOTE: PAGE TWENTY-THREE - CITY COUNCIL MINUTES - JANUARY 9, 1990 AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ORDINANCE NO. 880 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AMENDMENTS TO THE 1980 DEVELOPMENT AGREEMENT FOR THE TUSCANY HILLS DEVELOPMENT AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMB~RS: NONE AND APPROVE TENTATIVE TRACT MAPS 25074, 25075, 25076, 25077, 25078, 25079, 25080, AND 24383, BASED ON THE FOLLOWING FINDINGS: Findinqs 1. An Environmental Impact Report was prepared to address the annexation and development project (1979). Addenda were prepared in the form of an Environmental Impact Statement (1982) and addendum (1987) which specifically evaluate impacts of the present project. A Conservation Agreement for the Stephens' Kangaroo Rat has been reached between Homestead Land Development Corporation, the City of Lake Elsinore, and United States Fish and wildlife Service. Together, these documents comply with the requirements of the California Environmental Quality Act (CEQA) with respect to this proj ect and along with .. mitigations already required, no significant adverse impacts are anticipated to result from this approval. 2. Conditions of Approval have been amended, deleted or added to address identified impacts and conditions under which the project is currently being considered. These conditions provide a safeguard to insure that the project is keeping with current City Goals and Policies. 3. This project, as approved, complies with the Goals and Objectives of the General Plan and the Tuscany Hills Specific Plan. 4. The site, subject to the attached conditions, is suitable for this type of development. AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAPS 25074. 25075. 25076. 25077. 25078. 25079. 25080 24383. NOTE: The following conditions apply to all eight tentative tract maps except as otherwise annotated before each applicable condition as PAGE TWENTY-FOUR - CITY COUNCIL MINUTES - JANUARY 9, 1990 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 (79 ) applicable only to TT 25079 ( 80) applicable only to TT 25080 (83) applicable only to TT 24383 PLANNING DIVISION - 1. Tentative Tract Maps 25075, 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 the Tuscany Hills Specific Plan. 4. Applicant shall record CC & Rls 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 & Rls 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. ENGINEERING DEPARTMENT (75)8. "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 Community Development Department for inclusion in the case records. - 11. Fence locations and walls indicated on a grading plan and consistent with the Specific Plan shall be approved by the Community Development Director prior to the release of the first Certificate of Occupancy. PAGE TWENTY-FIVE - CITY COUNCIL MINUTES - JANUARY 9, 1990 12. Grading and construction plans shall incorporate erosion control measures as required by the 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 ~~~~~,~-~~~ ~_ ~k_ ~___~~~_ ~,__ --,""-~"""",,,,,,,-'\04, ....4 -......"'\0.00 ....,1::''''""'''''''..........\".0 r~uJ..&.. 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. l~. 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. Intersecting 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 the Specific Plan. 24. All local interior double loaded streets shall be 50 foot right-of-way with 36 foot curb-to-curb. Restricted single-loaded local streets shall not be less than 40 foot right-of-way with 28 foot curb-to-curb. 25. A complete hydrology and hydraulic report shall be submitted and approved by the City Engineer prior to Final Map approval. 26. The storm drain system shall be designed to mitigate urban pollutants from discharge into PAGE TWENTY-SIX - CITY COUNCIL MINUTES - JANUARY 9, 1990 27. Canyon Lake and San Jacinto River as amended by the Specific Plan. Any natural drainage diverted or concentrated onto adjacent property will require a letter of drainage acceptance from the affected property owner. 28. 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 Program set forth in the Specific Plan) be maintained by a homeowners 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. "A" Street from "B" to "C" Street shall be increased to 50 feet. (75)32. (77) (79 ) Construction Phasing Plan will be submitted to Chief Building Official and approved prior to the 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 a 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. 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. PAGE TWENTY-SEVEN - CITY COUNCIL MINUTES - JANUARY 9, 1990 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 to the 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. 37. Adoption of ~ Traffic Impact Fee. Resolution No. 90-1 and Ordinance No. 882. Engineering Manager O'Donnell explained the proposed fee and the improvements it would complete. He also gave data on fees charged by other Riverside County cities. The City Clerk reported no written comments or protests. Mayor Winkler opened the public hearing at 8:54 p.m. asking those in favor of adoption of a Traffic Impact Fee to speak. No one spoke. Mayor Winkler asked those in opposition to speak. Hearing no one, the public hearing was closed at 8:54 p.m. Councilman Buck advised that he is not comfortable with the imposition of this fee, nor clear on the improvements which would be included. Councilman Starkey concurred with Councilman Buck that additional study and information is needed before he can make the decision to impose this fee. Councilman Dominguez expressed concern with the method of potential reimbursement and how it would be calculated as this is not clear in the information presented. Councilman Washburn felt he needed more information to be able to explain this impact of this fee to potential commercial developers. MOVED BY BUCK, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO REFER THIS ITEM TO THE PUBLIC WORKS COMMITTEE FOR REVIEW AND PROVISION OF ADDITIONAL INFORMATION. BUSINESS/DISCUSSION ITEMS 51. Industrial Project 89-9 - Herron ~ Rumansoff Architects (Archer Roofinq). A request for approval of an Industrial Project for offices in conjunction with a tile roofing company on 1.16 acres, located on the east side of Riverside Drive approximately 150 feet north of Collier. Planning Manager Thornhill detailed this request and advised that significant screening improvements had been agreed upon, such as landscaping and fencing. PAGE TWENTY-EIGHT - CITY COUNCIL MINUTES - JANUARY 9, 1990 The applicant advised that they are in concurrence with staff's recommendations. Councilman Buck inquired with regard to the fencing and whether the slumpstone could be conditioned to match that of the building across the street. He also expressed concern with the chain link fencing being allowed at all. Staff clarified that the chain link fencing had been allowed due to the large area to be fenced and further clarified the increased landscaping requirement to screen it. Councilman Washburn advised the applicant of the extreme flooding problems in the area. He questioned the setbacks for the front wall, and requested increased landscaping over and above the conditions. Staff will work with the applicant for appropriate upgrades. - MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT NEGATIVE DECLARATION 89-39, AND APPROVE INDUSTRIAL PROJECT 89-9 BASED ON THE FOLLOWING FINDINGS: Findinqs 1. The proposed request will not have a significant adverse impact on the environment. 2. The site for the proposed request is of adequate size and shape to accommodate the use. 3. The proposed buildings continue the same design as the existing units and complies with the design directives contained in section 17.82.060 and all other provisions of the Lake Elsinore Municipal Code. 4. Conditions and safeguards pursuant to Section. 17.82.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to insure development of the property in accordance with the objectives of this Chapter and the Planning District in which the site is located. - AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: Planninq Division Conditions 1. Design Review Board approval will lapse and be void unless Building Permits are issued within one (1) year. 2. Applicant shall meet all Conditions of Approval prior to the issuance of a certificate of Occupancy and release of utilities. 3. All site improvements shall be constructed as indicated on the plans date stamped December 1, 1989, and/or as modified by these Conditions of Approval or the Planning Commission through subsequent action. 4. Meet all Riverside County Fire Department requirements. 5. All exterior lighting sources 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 fixture. No wall pack units shall be permitted. 6. A final grading plan shall be submitted and approved by - -,......::i-,~~..;:--"_.J,_.,~,<"._._....'.,. .'..'....,"'.:_.;.."'.- PAGE TWENTY-NINE - CITY COUNCIL MINUTES - JANUARY 9, 1990 the Chief Building Official. 7. Project must connect to sewer within 30 days of it reaching 200 feet of applicant's property, and applicant shall post security to ensure compliance. Prior to the issuance of building permits applicant shall submit a soils report which includes a sewage disposal plan approved by the Riverside County Health Department. 8. Applicant shall cause to be constructed a seven-foot (7') high vinyl coated chainlink fence along the perimeter of the parcel (excluding the front). The side facing Collier shall be black, the side facing opposite (freeway side) and the rear of the parcel shall be green. Tennis court type screen shall be placed inside and attached to the fence, in a color to match the vinyl coating of the chainlink. a) All landscape improvements to be bonded 120% Faithful Performance Bond, and released at completion of installation of landscape requirements approval/acceptance, and bond 100% for materials and labor for one (1) year. b) All air conditioning equipment and other mechanical equipment incidental to development shall be roof mounted and screened so that they are not visible from neighboring property or public streets. Any roof mounted central swamp coolers shall be screened. 9. Prior to issuance of Building permits applicant shall submit a site plan reflecting the addition of a seven (7) foot high wall along the Riverside Drive elevation. Said wall shall be placed wherever proposed fencing is located along the Riverside Drive elevation. Said wC'lll shall be constructed of decorative masonry block to match approved building materials. Enqineerinq Department Conditions 10. All public works requirements 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. 11. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52.030). Document can be obtained from the Engineering Department. 12. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16.34, Resolution No. 85-26). 13. 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. 14. Construct all off-site public works improvements per approved street plans (Municipal Code, Title 12). Plans must be approved and signed by the City Engineer prior to issuance of building permit (Lake Elsinore Municipal Code 16.34). PAGE THIRTY - CITY COUNCIL MINUTES - JANUARY 9, 1990 15. Street improvement plans and specifications shall be prepared by a civil engineer and improvements shall,be to Riverside County Road Department standards and C1ty Codes (LEMC 16.34 and 12.04). 16. 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 No. 83-78). 17. 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. lB. 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. 19. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 20. Applicant shall contribute $2,600 towards the design and construction for a traffic signal at the intersection of Collier Avenue and Riverside Drive. Development will increase traffic volume at intersection at least 2% and should contribute 2% of cost for the signal. 21. Applicant shall contribute $116.00 towards the City Master Entryway sign Program. 22. Applicant shall post required bonds for pUblic works/street improvements as established or the project by the City Engineer. 23. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to issuance of a grading permit. 24. Provide street lighting and indicate on street improvement plans as required by the city Engineer. 25. Applicant shall cooperate with Riverside County Flood Control District for the construction of the Arroyo Del Toro Channel and dedicated drainage easements that are reasonable and necessary for the construction of the channel. - BUSINESS ITEMS 52. Second Readinq - Ordinance No. 878. Relating to Zone Change 89-15 - Irvani/Brown. MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO. 878: ORDINANCE NO. 878 -- AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 1.24 ACRES LOCATED AT THE NORTHWEST CORNER OF RIVERSIDE DRIVE AND JOY AVENUE, FROM C-P (COMMERCIAL PARK DISTRICT) TO C-2 (GENERAL COMMERCIAL) (ZONE CHANGE 89-15 - IRVANI/BROWN. PAGE THIRTY-ONE - CITY COUNCIL MINUTES - JANUARY 9, 1990 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE CITY MANAGER COMMENTS City Manager Molendyk advised that Mayor Winkler had been elected Vice-Chairman of the Western Riverside County Council of Governments. CITY COUNCIL COMMENTS Councilman Washburn reminded the public of the "Blast from the Past" on Saturday, January 13, 1990 at the Lake Community Center. Mayor Winkler commented on the Western Riverside County Council of Governments and requested input from Council with regard to advanced planning issues. CLOSED SESSION None. ADJOURNMENT MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9:20 P.M. ~TTEST~ ~. n)\ VICKI LY~~ CLERK CITY OF ~KE~ELSINORE