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HomeMy WebLinkAbout08-14-1990 City Council Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 14, 1990 ****************************************************************** 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 Councilman Dominguez. ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, 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 Niddo Ryal, 223 Chaney Street, expressed continuing concern with the hazardous traffic situation at the blind curve adjacent to his home. He advised that there had been another near miss by a speeding car recently. He requested that the Botts Dots rumble strip be repaired and that the traffic safety study be completed. PRESENTATIONS/CEREMONIALS A. Oath of Office = Planninq Commissioners. City Clerk Kasad issued the oaths of office to re-appointed Planning Commissioners Jeff Brown and Toney Gilenson. Mayor Washburn presented each Commissioner with a plaqued copy of their oaths. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 9 and 13 MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. - 1. The following Minutes were approved: a. City council Meeting - July 10, 1990. b. city Council Meeting - July 24, 1990. The following Minutes were received and ordered filed: c. Planning Commission Meeting - July 18, 1990. 2. Received and ordered filed the Building Activity Report for f PAGE TWO - CITY COUNCIL MINUTES - AUGUST 14, 1990 July, 1990. 3. Received and ordered filed the Code Enforcement Activity Report for July, 1990. 4. Received and ordered filed the Structure Abatement Activity Report for July, 1990. 5. Ratified the Warrant List for July 31, 1990. 6. Approved Proclamation for Energy Awareness Month - October, 1990. -- 7. Adopted New Council policy relating to Reconsideration of Agenda Items. 8. Approved Designation of Congestion Management Plan Agency and Adopted Resolution No. 90-72. RESOLUTION NO. 90-72 A RESOLUTION OF THE .CITY COUNCIL OF THE CITY OF LAKE ELSINORE, DESIGNATING THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION TO PREPARE THE COUNTY CONGESTION MANAGEMENT PROGRAM. 10. Adopted Traffic Control Resolution No. 90-73 - Establishing a Loading Zone. RESOLUTION NO. 90-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, DESIGNATING LOCATIONS OF LOADING ZONES OF CERTAIN STREETS. 11. Adopted Resolution No. 90-74 - Relating to Placement of Assessment-in Connection with Assessment District No. 87-2 - Shoppers Square. -- RESOLUTION NO. 90-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING RESOLUTION NO. 90-68, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE, CALIFORNIA TO PLACE ASSESSMENTS ON THE BILLS OF CERTAIN PROPERTIES. 12. Adopted Resolution No. 90-75 - Relating to Placement of Assessments in Connection with Assessment District No. 89-1 - Summerhill Bridge Improvements. RESOLUTION NO. 90-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING RESOLUTION #90-67, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE, CALIFORNIA TO PLACE ASSESSMENTS ON THE BILLS OF CERTAIN PROPERTIES. 14. Approved Cooperative Agreement for Tract 19358. 15. Approved Right of Entry Permit - Railroad Canyon Road. 16. Accepted Railroad Canyon Road Deeds. - 17. Adopted Resolution No. 90-76 postponing the special Election on community Facilities District No. 88-3. RESOLUTION NO. 90-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ~ PAGE THREE - CITY COUNCIL MINUTES - AUGUST 14, 1990 CALIFORNIA, AMENDING THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 88-3 , AND SCHEDULING A SPECIAL ELECTION WITHIN COMMUNITY FACILITIES DISTRICT NO. 88-3 TO SUBMIT TO THE QUALIFIED ELECTORS OF SUCH COMMUNITY FACILITIES DISTRICT THE COMBINED PROPOSITION OF LEVYING A SPECIAL TAX, ESTABLISHING AN APPROPRIATIONS LIMIT AND INCURRING BONDED INDEBTEDNESS. 18. Adopted Resolution No. 90-77 making Application for Initiation of Annexation Proceedings. RESOLUTION NO. 90-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION TO TAKE PROCEEDINGS FOR THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF LAKE ELSINORE. 19. Approved public hearing date of August 28, 1990 for the following: a. Tentative Tract Map 26142 - South Lake Estates Joint Venture. A request for approval of a 113 lot single-family subdivision on a 29.5 acre parcel. The subject property is located on the east side of Stoneman and the south side of the existing City Limits. b. Tentative Parcel Map 25717 = Brookstone Development. Inc. A request for Tentative Parcel Map approval to allow for the subdivision of 15.29 acres of land into eleven (11) lots ranging in size from 20,080 net square feet to 2.40 net acres. The subject property is located at the north- east corner of Silver and Flint Streets in the M-l (Limited Manufacturing) Zoning District. c. Annexation No. 55 and Zone Chanqe 90-7 = Coastal Valley Development. A request to annex into the City of Lake Elsinore approximately 10.68 acres of land presently located within the County of Riverside and pre-zone subject property from County Rural Residential to C-2 (General Commercial) District. The subject property is located between Dexter Avenue to the northeast and Interstate 15 on the southwest. d. Zone Chanqe 90-10 = Georqe Alonqi (Dexter Armstronq). A request for a zone change of three parcels (A.P. # 374-071-001, 002, 003) from R-2 residential to R-3 residential to establish consistency with the current General Plan which designates the area as High Density Residential. These parcels are located at the south- east corner of the intersection of Pottery and Langstaff Streets. ..... ITEMS PULLED FROM CONSENT CALENDAR 9. Traffic Siqnal Agreement with County of Riverside = Lakeshore Drive/Machado street. Mayor Washburn advised that he pulled this item for information to the residents and detailed the cost factors involved in the project. He requested information with regard to timing. f PAGE FOUR - CITY COUNCIL MINUTES - AUGUST 14, 1990 public Services Director Kirchner advised that there are street improvements to be made in connection with the signal, and those plans are currently being reviewed. He further advised that the complete project should be ready to bid in late October with construction following within 30 to 45 days. MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE TRAFFIC SIGNAL AGREEMENT WITH THE COUNTY OF -- RIVERSIDE. 13. Leqislative Advocate Agreement = Joe ~ Gonsalves ~ Son. councilman Winkler concurred with this proposal, but questioned the ability to share the cost with the Redevelopment Agency. staff confirmed that this could be done. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE LEGISLATIVE ADVOCATE AGREEMENT WITH 50% OF THE COST BORNE BY THE CITY AND 50% BORNE BY THE REDEVELOPMENT AGENCY, SUBJECT TO THEIR APPROVAL. City Manager Molendyk advised the council and Community of the problems causing the current "fish kill" conditions. He further advised that crews would begin working on August 15 at 7 a.m. to remove the 200 to 300 tons of dead fish that have washed up on the shore of the lake. PUBLIC HEARINGS 31. Conditional Use Permit 90-5 - Lake Elsinore Christian Fellowship. An appeal of planning Commission denial of a request for a Conditional Use Permit to allow a church in an existing light industrial zoned building. - Community Development Director Gunderman detailed this request and the concern expressed by the planning Commission in denying the request. The city Clerk reported six written comments in support of the Conditional Use Permit for the church. Mayor Washburn opened the public hearing at 7:19 p.m. asking those in favor of this item to speak. The following people spoke in favor of this matter citing financial constraints and contributions to the Community toward the reduction of drug and crime problems: Gary Holmes, 32865 Bryant Street Rev. Richard Alvarez, 32551 Baxter street Frank Sandoval, 33105 victoria Brook Lane Karen Paulsen, 29125 Baxter Rd., Sun city Carmen Paulus, 15062 Larson Road Pat Paulsen, 29125 Baxter Rd., Sun City Michael warenski, 121 S. pennsylvania Ave. Sa1 poidomani, 15015 vista View David cunningham, President of Parent Church Bill Brandon Troy Bird, 805 Robin Drive Sharon Holmes, 32865 Bryant Street - Mayor Washburn asked those in opposition to speak. one the public hearing was closed at 7:51 p.m. Hearing no Councilman Dominguez inquired whether all churches are required to obtain a C.U.P. Staff confirmed. He echoed the PAGE FIVE - CITY COUNCIL MINUTES - AUGUST 14, 1990 - concerns voiced by the Planning Commission, particularly other uses in the proposed zone and the time limitation of a C.U.P. Councilman Buck advised that he has given this situation a great deal of thought and suggested to the pastor that the C-M zone would be more appropriate for this use. He commented that the proposed location is too far into the M-l zone, nearly in the M-2 zone. He suggested that other C-M projects would be available in the near future and recommended that the church pursue those. Councilman Winkler questioned the existing church in the C-M Zone and what progress they had made. Staff advised that the Lutheran Church currently had approval of grading plans from the County and are proceeding. Councilman Starkey advised that he had been in favor of the Lutheran Church's request, but stressed the need for a time limitation. He also advised that he felt if a C.U.P. should be granted in this case it would be for 2 years and then the church would be required to relocate. Mayor Washburn commented on prior consideration and determinations of this type. He concurred with the Planning Commission's findings and the inappropriateness of this zone for a church. Council discussion relating to other possible locations and timing ensued. MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY A VOTE OF 3 TO 2 WITH STARKEY AND WINKLER CASTING THE DISSENTING VOTES TO DENY THE REQUEST FOR C.U.P. BASED ON THE FOLLOWING FINDINGS: Findinqs 1. That the proposed use, on its own merits and within the context of its setting, is not in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located. 2. That the proposed use may be detrimental to the general health, safety, comfort, or general welfare of persons residing or working within the neighborhood of the proposed use or the city, or injurious to property or improvements in the neighborhood or the City. 3. That the site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by this Title. - 4. That the site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use. 32. Tentative Tract Map 25831, Zone Chanqe 90-11 and Specific Plan 89-1 Amendment No. ~ = The Clurman Company. A request to approve Tentative Tract Map 25831 for 195 lots, amend the Ramsgate Specific Plan to include this tract and a Zone Change from Rural Residential to Specific Plan. Community Development Director Gunderman detailed this request. The City Clerk reported no written comments or protests. f PAGE SIX - CITY COUNCIL MINUTES - AUGUST 14, 1990 Mayor Washburn opened the public hearing at 8:08 p.m. aSking those in favor of this project to speak. The following people spoke: Don Clurman, applicant and owner, concurred with staff recommendations and commented on redesign work which had been requested by the Planning Commission. He advised that the average lot size for the project is nearly 9,000 square feet. Chris Webber, Hunsaker and Associates, advised that a letter in support of this project from L. D. Johnson had been submitted to the Planning commission. He questioned condition #16, which he felt should have been removed after Planning commission discussions. Staff confirmed that this condition should be deleted. .... Adelle Abusambra, Dana point, adjacent property owner of approximately 28 acres advised that he is in favor of this project. Mayor Washburn asked those in opposition to speak. Hearing no one, the public hearing was closed at 8:12 p.m. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT MITIGATED NEGATIVE DECLARATION 90-6 AND APPROVE TENTATIVE TRACT MAP 25831, SPECIFIC PLAN 89-1 AMENDMENT NO. 2 AND ADOPT ORDINANCE NOS. 900 AND 902 AND APPROVE ZONE CHANGE 90-11 BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: Findinqs = Tentative Tract Ma~ 25831 1. A Mitigated Negative Declaration was prepared to address the development of this project and a Mitigation Monitoring Program has been prepared to address environmental considerations to the same degree as the Ramsgate specific Plan tracts. .... 2. Conditions of Approval have been prepared 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 Ramsgate Specific Plan. 4. The site, subject to the attached conditions, is suitable for this type of development. Findinqs = Ramsqate s~ecific Plan 89-1; Amendment No. ~ 1. This request and its environmental impacts associated with the development of the site as allowed under the General Plan, were addressed with a Mitigated Negative Declaration. This process makes the proposed project (Tentative Tract Map 25831) subject to the Ramsgate specific Plan Mitigation Monitoring Program, where applicable in eliminating or substantially lessening the effects of impacts. 2. The Second Amendment to the Ramsgate Specific Plan as modified 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. .... f PAGE SEVEN - CITY COUNCIL MINUTES - AUGUST 14, 1990 3. Granting of the requested Second Amendment to the Ramsgate Specific Plan as modified will permit reasonable development of the property consistent with its constraints and compatible with adjacent properties and proposed development. - 4. The Second Amendment to the Ramsgate Specific Plan as modified 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 or the city as a whole, based upon the provisions of the Plan, mitigation measures and Conditions of Approval. Findinqs = Zone Change 90-11 1. This project is consistent with the Goals, Policies and Objectives of the General Plan. 2. This request is consistent with the provisions of the Zoning Ordinance governing Specific Plans. 3. This request and its associated project will not have a significant impact on this environment. Planning Department Conditions 1. This Tentative Tract Map shall be subject to the approval of a Specific Plan Amendment, adding this tract to the Ramsgate Specific Plan; and establishing the Specific Plan zoning. 2. Tentative Tract Map 25831 shall expire two (2) years from date of approval unless extended pursuant to State and Local Law or recordation of final map occurs. 3. Applicant shall comply with the approved Ramsgate Specific Plan, as deemed by the Community Development Director. 4. Administrative Design Review shall be required of all residential development prior to the issuance of building permits. Design Review will be required of all non-residential development. 5. Applicant shall record CC & R's for the tract prohibiting on-street storage of boats, motor homes, trailers, and trucks over one-ton capacity, roof mounted or front yard microwave satellite antennas. The CC & R's shall be approved by the Community Development Director prior to recordation of final map. 6. The dimensions of all residential lots shown on the Final Tract Map shall comply with the minimum standards established in the Ramsgate Specific Plan. - 7. Street names for all streets within the Tentative Map shall be approved by the Community Development Director. Enqineerinq Department Conditions 8. 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. 9. Fence locations and walls indicated on a grading or f PAGE EIGHT - CITY COUNCIL MINUTES - AUGUST 14, 1990 landscape plan and consistent with the Ramsgate Specific Plan shall be approved by the community Development Director prior to the release of the certificate of Occupancy. 10. Grading and construction plans shall incorporate erosion control measures as required by the Chief Building Official. 11. Improvement plans, including sewer, water and drainage shall be approved prior to the Final Map approval. 12. Grading plans for this subdivision shall comply with the grading objectives and guidelines established in the Ramsgate specific Plan. 13. 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. 14. Pay all Capital Improvement and Plan Check fees (Lake Elsinore Municipal Code, Title 15, Chapter 16.34; Resolution No. 85-26). - 15. 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. 16. DELETED. 17. Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered engineer. 18. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of -- public works off-site improvements (Lake Elsinore Municipal Code, Title 12, Chapter 12.08 and Resolution No. 83-78) . 19. Provide street lighting and indicate on street improvement plans as required by the City Engineer. 20. All lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by letter of drainage acceptance or conveyed to a drainage easement. 21. 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 Ramsgate specific Plan. 22. All utilities except electrical over 12 kv shall be placed underground, as approved by serving utility. 23. 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. 24. The developer shall pay for "No Parking" and street sweeping signs. 25. Street improvement plans and specifications shall be f PAGE NINE - CITY COUNCIL MINUTES - AUGUST 14, 1990 prepared by a civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (Lake Elsinore Municipal Code 12.04 and 16.34) as amended by the Specific Plan. - 26. All local streets as determined by the Community Development Director shall have sixty (60) feet right-of-way and forty (40) feet curb-to-curb. Restricted local double loaded streets (cul-de-sacs and looped streets 1,000 feet or less) shall have fifty (50) feet of right-of-way and thirty-six (36) feet curb-to-curb with a three (3) foot utility easement on each side of the street. 27. Desirable grade for local streets is nine percent (9%). A maximum grade of fifteen percent (15%) should only be used in design constraint considerations. 28. Developer shall contribute to the City's Master Entry Way Sign Program at a rate of $100.00 per forty (40) dwellings. 29. Developer shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to approval of Final Map. 30. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District standards. - 31. Provide Soils, Geology and seismic reports including street design recommendations prior to recordation of Final Map. Provide final Soils Report showing compliance with preliminary and finish grade certification. 32. The developer shall be generally eligible for reimbursement agreements from surrounding developments for the cost of off-site improvements required of this project. 33. The fifty (50) foot Southern California Edison (SCE) easement running through the tract shall be landscaped with the approval of the Community Development Director and SCE. SCE generally limits landscaping to that, which on maturity, won't grow higher than fifteen (15) feet in height and no trees or shrubs within twenty (20) feet of the power pole or structure. .- 34. "L" Street in Tract 25479 shall be evaluated and approved by the Community Development Director to determine if it is appropriate for extension into this tract prior to the approval of a Final Map for this tract. Building/Safetv De~artment Conditions 35. Applicant shall meet all Conditions of Approval prior to the issuance of a certificate of occupancy and release of utilities. 36. Applicant shall meet all requirements of the Riverside County Fire Department for fire protection. 37. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid or otherwise agreed upon. 38. All structures shall be designed to incorporate all state f PAGE TEN - CITY COUNCIL MINUTES - AUGUST 14, 1990 and local water conservation regulations, subject to the approval of the Chief Building Official. 39. All building shall be constructed with fire retardant roofing materials as described in section 3203 of the Uniform Building Code. 40. Submit a schedule of public works improvements based upon the timing of occupancy of the tract prior to final map approval. 41. All lots will be served with mail delivery units subject -- to the approval of the Lake Elsinore postmaster, community Development Director and Public Works Director. 42. The applicant shall agree to be a participant in the preparation of a specific plan on the property north of this tract. This obligation would be for the purpose of modifying the edges of this tract as may be required to properly develop the neighboring property. If the specific Plan is not initiated prior to the certificate of Occupancy on the final unit, this obligation will be waived. 43. Trellis Lane shall be improved between this tract and Highway 74 with a minimum of 2 paved lanes or as required of Tentative Tract Map 25479 should its recordation occur first, subject to the approval of the city Engineer. 44. Dedicate underground water rights to the city (Municipal Code, Title 16, Chapter 16.52.030). Document can be obtained from the Engineering Department. 45. Submit Hydrology and Hydraulic Reports for review and approval by the City Engineer prior to approval of the final map. Developer shall mitigate any flooding and/or erosion downstream caused by development of site and -- diversion of drainage. 46. Prior to the Final Map recordation, a public works construction agreement shall be entered into with the developer (s), owner(s), and the City. 47. Applicant shall post required bonds for public works improvements as established for the project by the city Engineer prior to final map approval. 48. with the development of this site, all storm facilities shall provide tract and downstream property owners with 100 year storm flood protection. 49. Applicant shall obtain off-site drainage acceptance letters from affected adjacent property owners to be recorded prior to or with final map. 50. All tracts and engineering shall be digitized by developer per City standard, tapes to be provided prior to issuance of certificate of Occupancy. If at the time of certificate of occupancy no system has been established by the city, this condition shall be waived, and the Developer will pay a fee of $1,000.00 per street for future final tract digitizing. -- 51. If this tract develops before the Ramsgate tracts this applicant will be responsible for providing two (2) paved access roads to his tract as approved by the City Engineer. f PAGE ELEVEN - CITY COUNCIL MINUTES - AUGUST 14, 1990 52. Applicant shall contribute five percent (5%) towards the cost of design and construction of the traffic signals per the circulation recommendation by the traffic study by Kunzman Associates. ..... 53. A portion of Tract 25831 lies within an area which is part of the hydrology study for the Ramsgate Project. The applicant shall coordinate with said study and construct facilities required to safely collect and convey off-site tributary flows through the site by a method approved by the City Engineer. ORDINANCE NO. 900 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 50 ACRES LOCATED SUCH THAT IT IS SURROUNDED ON THREE SIDES BY THE RAMSGATE SPECIFIC PLAN AND THE WESTERN BOUNDARY IS ALONG THE SOUTHERLY EXTENSION OF TRELLIS LANE, SOUTH OF HIGHWAY 74 FROM RURAL RESIDENTIAL TO SPECIFIC PLAN. (THE CLURMAN COMPANY) UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ORDINANCE NO. 902 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING THE SECOND AMENDMENT TO THE SPECIFIC PLAN FOR THE RAMSGATE DEVELOPMENT AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 33. Annexation No. 51 and Zone Chanqe 89-13 = North Gate DownsiR. Bruce Kemper). A request to annex 160 gross acres into the City of Lake Elsinore and to pre-zone the site R-l (HPD) (Single-Family Residential-Hillside Planned Development Overlay District). The site is north of Tuscany Hills Specific Plan Area and Greenwald Avenue, northwest of Canyon Lake and southerly of Dorchester Lane. community Development Director Gunderman detailed this request. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 8:15 p.m. asking those in favor of this item to speak. The following person spoke: f PAGE TWELVE - CITY COUNCIL MINUTES - AUGUST 14, 1990 Michael Klipa, civil Engineer for the applicant, requested council approval of this project and offered to answer questions. Mayor Washburn asked those in opposition to this project to speak. Hearing no one, the public hearing was closed at 8:17 p.m. MOVED BY DOMINGUEZ, SECONDED BY BUCK AND CARRIED UNANIMOUS VOTE TO ADOPT NEGATIVE DECLARATION 90-38; APPROVE ANNEXATION NUMBER 51 AND ZONE CHANGE 89-13, ADOPT RESOLUTION NO. 90-78 AND ADOPT ORDINANCE NO. 901 BASED ON THE FOLLOWING FINDINGS: lOI!!!I" Findinqs = Annexation No. 51 1. The project is located within the city's Sphere of Influence as designated by the Local Agency Formation commission and is contiguous to the City Limit boundary. Annexation of the site would not be an inappropriate extension of the City Limit boundary. 2. The proposal will not result in significant environmental impacts. 3. It is anticipated that future development of the site will be conditioned to provide the necessary public services and facilities to service the site. Findinqs = Zone Chanqe 89-13 1. The proposed zoning is the most appropriate zone for standard single-family residential development. 2. The proposed zoning is consistent with residential zoning in surrounding City developments. 3. The pre-zoning proposal is not inconsistent with the General Plan. ....., RESOLUTION NO. 90-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONSENTING TO THE COMMENCEMENT OF PROCEEDINGS TO ANNEX TO THE CITY OF LAKE ELSINORE CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED "ANNEXATION NO. 51 - NORTH GATE DOWNS (R. BRUCE KEMPER). ORDINANCE NO. 901 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 160 ACRES LOCATED NORTH OF TUSCANY HILLS SPECIFIC PLAN AREA AND GREENWALD AVENUE NORTHWEST OF CANYON LAKE, AND SOUTHERLY OF DORCHESTER LANE TO R-l (HPD) (SINGLE-FAMILY RESIDENTIAL DISTRICT- HILLSIDE PLANNED DISTRICT) (NORTHGATE DOWNS - R. BRUCE KEMPER). UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE - ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE f PAGE THIRTEEN - CITY COUNC+L MINUTES - AUGUST 14, 1990 34. Tentative Financial Parcel Map 25638 = Long Beach Equities. A request to create four (4) parcels,. where currently nine (9) exist. community Development Director Gunderman detailed this request which is part of the Alberhill specific Plan area. ---- The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 8:19 p.m. asking those in favor of this map to speak. The following person spoke: John Friedman, Long Beach Equities, explained the need for this reconfiguration of parcels and requested consideration of a change in Condition #5. He requested that the right-of-way be set a 120 feet until the time the 130 width can be justified by development and traffic. Mayor Washburn asked those in opposition to speak. Hearing no one, the public hearing was closed at 8:25 p.m. Councilman'Buck questioned Condition #5 and whether it would be acceptable to change it to 120 foot width. Staff confirmed that would be acceptable with the understanding that future development would most likely require dedication of the addition 10 feet. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT NEGATIVE DECLARATION 90-10 AND APPROVE TENTATIVE FINANCIAL PARCEL MAP 25638 BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL WITH CONDITION #5 CHANGED TO REQUIRE 120 FOOT DEDICATION, SUBJECT TO ADDITIONAL 10 FEET AT A LATER DATE, IF NECESSARY: Findinqs 1. A Negative Declaration has been prepared to acknowledge that environmental impacts have been addressed in the EIR for the Alberhill Ranch specific Plan (SCN 88090517). 2. Conditions of Approval have been prepared to address identified 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 Alberhill Ranch specific Plan. 4. The site, subject to the attached conditions, is suitable for this type of development. Conditions = Tentative Financial Parcel Map 25638 ----- 1. The approval of this Tentative Parcel Map 25638 is for financing and sale purposes only. No building permit or grading permits or any other building or construction activity is authorized pursuant to this Tentative Parcel Map 25638. Property within Tentative Tract Map shall apply for approval pursuant to the normal City of Lake Elsinore procedures prior to any building or grading activity on the subject site. 2. Dedicate underground water rights to the City of Lake Elsinore (Municipal Code 16.52.030). r ~ PAGE FOURTEEN - CITY COUNCIL MINUTES - AUGUST 14, 1990 5. All parcels shall have access to public right-of-way or be provided a minimum forth (40) foot ingress-egress,easement for public right-of-way purposes to be recorded w1th the map or by separate instrument. Execute an agreement to annex to the city's Lighting and Landscaping Assessment District. with respect to Parcel 4 dedicate 120 foot street right-of-way for the easterly 1,150 feet of Nichols Road. 6. Dedicate sufficient right-of-way on Nichols Road between ~ Parcel 2 and Parcel 3 for a 130 foot street right-of-way. 3 . 4. 7. Cooperate with the City and its Engineer, Webb Engineering, in the dedication of sufficient right-of-way on Collier Avenue and its intersection with Nichols Road. 8. The design for development of Parcels 1 and 2 shall take into account the access needs of the property northerly of them (Assessor's Parcel Number 390-270-005), so as not to landlock said property. BUSINESS/DISCUSSION ITEMS 51. city Allocation of Take of occupied Stephen's Kanqaroo Rat Habitat Under the Interim Habitat Conservation Plan. Resolution 90-79. City Attorney Harper requested a closed session on this item, following consideration of the balance of the business items. 52. Business License Application. A request for license to operate an ice cream truck. city Manager Molendyk advised that based on management -- discussions of this item, he would recommend continuance to allow for development of criteria and standards for this type of business. Councilman Dominguez detailed his concerns with this type of business and instructed staff to include them in the criteria. His concerns included: 1) what other merchandise will be sold, 2) hours and days of operation, 3) locations where they will park, 4) directions with regard to traffic and speed limits in residential areas, 5) requirement for physical examination of all drivers, 6) vendor license fee and applicable D.B.A. assessments and 7) direction with regard to enforcement (who will enforce?). MOVED BY STARKEY, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS MATTER. BUSINESS ITEMS 53. Second Reading ~ Ordinance No. 899. Relating to the West Lake Elsinore Development Agreement. MOVED BY WINKLER, SECONDED BY BUCK TO ADOPT ORDINANCE NO. 899: -- ORDINANCE NO. 899 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING A DEVELOPMENT AGREEMENT WITH THE WEST LAKE ELSINORE DEVELOPERS (CENTEX REAL ESTATE, LA LAGUNA ESTATES, MARINITA f PAGE FIFTEEN - CITY COUNCIL MINUTES - AUGUST 14, 1990 DEVELOPMENT COMPANY, PREMIER HOMES, MEEKER DEVELOPMENT COMPANY, TOMICH/JONES, TORN RANCH, AND GOLDEN STATE DEVELOPERS) . UPON THE FOLLOWING ROLL CALL VOTE: NOES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NONE AYES: COUNCILMEMBERS: - ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 8:30 P.M. TO DISCUSS MATTERS OF POTENTIAL LITIGATION. THE CITY COUNCIL MEETING RECONVENED AT 9:11 P.M. 51. City Allocation of Take of occu~ied Stephen's Kanqaroo Rat Habitat Under the Interim Habitat Conservation Plan (Cont.) Resolution 90-79. MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO A SPECIAL CITY COUNCIL MEETING ON MONDAY, AUGUST 20, 1990 AT 4:00 P.M. IN THE PLANNING DEPARTMENT CONFERENCE ROOM. CITY MANAGER COMMENTS - City Manager Molendyk advised that staff is working to establish a Study Session date with the Public Safety Committee. CITY COUNCIL COMMENTS Councilman Dominguez commented on the success of the Hot August Night Sidewalk Sale. He requested a report on the Police Ballot Measure. city Attorney Harper advised that there was not sufficient time to prepare for placement of this matte:r:,Cdri the November Ballot. He explained that tax rate formula must be studied and established before the ballot measure is placed. Councilman Dominguez also directed staff to clean up the trash which is being dumped at the end of Railroad Canyon Road. Councilman Starkey commented on the work underway in the Downtown area and encouraged the community to support these businesses in spite of the inconvenience. He requested an update on the T & S Development sidewalk repairs. Public Services Director Kirchner advised that the plans are being drawn now and should be ready within the next month. - Councilman Winkler advised that the Western Riverside COG would be jointly sponsoring a seminar with the School District Organization on October 13, 1990 and encouraged the Council to plan on attending. He requested that the city Clerk write letters of invitation for the School Board Members and Dr. Larry Maw. Councilman Winkler also commented on the County Growth Management Plan and advised of a meeting on September 6, at 1:30 p.m. and encouraged Council to attend and provide input. Councilman Buck inquired about Mr. Ryal's concerns. Public Services Director Kirchner advised that the missing dots would be replaced shortly, but advised that short of closing the street completely there is very little else that can be done to correct f PAGE SIXTEEN - CITY COUNCIL MINUTES - AUGUST 14, 1990 the problem. He further advised that the appropriate location for a block wall had been determined, but Mr. Ryal had not yet built it. Mr. Ryal clarified that they were previously prepared to proceed with the wall, but their crew was no longer available. councilman Dominguez commented on the need to slow the speeding cars down to prevent accidents. Mayor Washburn emphasized the need .- to study problems such as these at the planning stage before irreconcilable problems occur. councilman Buck requested that the C.U.P. fees be waived for the church group when they submit application for another C.U.P. staff clarified that they would be able to apply for a waiver of fees and Council can make that determination. Mayor Washburn commented on the Combat Auto Theft (CAT) program. ADJOURNMENT MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9:29 P.M. TO MONDAY, AUGUST 20, 1990 AT 4:00 P.M. IN THE PLANNING DEPARTMENT CONFERENCE ROOM. / CIT F LAKE ELSINORE -/ -- A~TEST: 2J - (\~) \\ VI~S~ CLERK CITY OF LAKE E~SINORE --