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HomeMy WebLinkAbout01-10-1989 City Council Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY QF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 10, 1989 ****************************************************************** - 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 Dominguez. ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Wood, Community Development Director Miller, Community Services Director Watenpaugh, Public Services Director and Clerk of the Board Kasad. PUBLIC COMMENTS - None. CONSENT CALENDAR MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. December 27, 1988 - Regular City Council Meeting. The following Minutes were received and filed: b. December 20, 1988 - Planning Commission Meeting. 2. Received and filed Building Activity Report for December, 1988. 3. . Received and filed Structure Abatement Activity Report for December, 1988. 4. Ratified Warrant List for December, 1988. - 5. Approved Request for Waiver of Fees and Permit Costs for Chamber of Commerce Carnival to be held January 26-29 at the Rodeo Grounds. 6. Approved public hearing date of January 24~ 1989 for the following: a. Zone Code Amendment 88-10 = City of Lake Elsinore. A proposal to amend the Zoning Code of the City of Lake Elsinore amending standards relating to fences, walls and ~ PAGE TWO - CITY COUNCIL MINUTES - JANUARY 10, 1989 landscaping in residential districts; allow for keeping of farm animals; provide special standards for hillside development: make various technical corrections; change minimum lot sizes and permitted densities and setbacks in the R-3 District; change lighting, landscaping and landscape setback requirements in non-residential districts. Location - Hillside Developments. b. Zone Chanqe 89-1 = Manfredi/Summers. A request to change the High Density Residential Zoning (R-3) to Neighborhood Commercial (C-l) on approximately .19 acres. The site is located south of Lash Street approximately 150 feet west of Riverside Drive. c. Tentative Tract Map 22912 = Premier Homes. ... A request to subdivide 51.93 acres into 186 residential lots. The project site is within a R-l District located along the west side of Terra Cotta at the terminus of Lincoln Street, south of the future alignment of Washington Street. PUBLIC HEARINGS 31. General Plan Amendment 88-6 ~ Zone Chanqe 88-10 - Pacific Scene. A request to change the General Plan Land Use Designation from Very Low Density Residential and Floodplain to Low Density Residential, on a portion of the site and change the zoning from County R-R (Rural Residential) to City R-R (Rural. Residential) and R-l (Single-Family Residential) on 44.34 acres proposed for annexation located approximately 2,550 feet west of Robb Road between Mountain Street and Running Deer' __ Road (Resolution No. 88-75, and Ordinance No. 848.) Community Development Director Miller highlighted the request from Pacific Scene and advised that he has spoken with the State, and the Mineral areas are as staff and the developer believed. The City Clerk reported no written comments or protests. Mayor Winkler opened the public hearing at 7:03 p.m. aSking those in favor of General Plan Amendment 88-6 and Zone Change 88-10 to speak. The following people spoke: Wayne Gorenson, project manager for Pacific Scene, advised that they have also confirmed the mineral areas with the State. He further advised that the excavation cost would be approximately $.30 per square yard with the replacement/fill costs being $1.00 per square yard. He offered to answer any questions or concerns from Council. Mayor Winkler asked those in opposition to speak. The following people spoke: Chuck Schultz, Lake Terrace resident, commented on the residents' desire to maintain the open space and rural __ atmosphere which existed when the homes were purchased. He further commented on the negative impacts of this development on the already overcrowded schools. John Sellers, 16510 Mountain, advised that he has lived in this area since March of 1988, and he is concerned with the ~ PAGE THREE - CITY COUNCIL MINUTES - JANUARY 10, 1989 increased traffic problems on Mountain, Lake Street and Robb Road. - Mark Leslie, Lake Terrace resident, advised that he had moved here for the Country atmosphere, and they were told that there would be limited future development behind them (2 acre plus parcels). He further commented on the traffic circulation problems previously mentioned. "".l..l:::liJ.o. i:I\J.uU.l...~~, fivu\Jo.J.u ;;LJ..eet., CV1Lu.lLeU~e\..l. vli. C.i.ll::: l1l:::I:::U -Cu prevent further development until the overcrowded schools and other problems are mitigated. ...-. Robert Cartier, 16960 Lakeshore Drive, representing Elsinore Ready Mix, advised that he still feels the alluvial fan area should be preserved until the property has been mined. Mayor Winkler closed the public hearing at 7:18 p.m. Community Development Director Miller advised that there is already an existing County approved tract map for this area which would allow approximately 90 homes, whether the City approved the development or not. He further advised that the proposal of the applicant would continue the pattern set by the Lake Terrace Homes, and the applicant would be required to do a portion of the improvements needed on Robb Road. City Manager Molendyk commented that staff has worked with the applicant and feels most of the concerns have been mitigated and works is continuing to resolve more problems. He further commented on the inherant problems of this area which seven developers are working to resolve with an assessment district in the area. Mayor Winkler advised that this action would be strictly on the General Plan Amendment and Zone Change, not the development itself. He further advised that the proposed changes and annexation would allow the City to impose higher standards of development and be more in control of the situation than if it remained County territory. He also commented on the fees which the City would receive toward parks and other facilities which would benefit these developments as well as existing developments. - Councilman Buck questioned staff with regard to the traffic circulation concerns and whether there could be a secondary entrance toward the back of the development. Community Development Director Miller advised that due to the City/County area and other problems it would be difficult at this point to establish another entrance. Councilman Buck reiterated the belief of the Mayor and Staff that a higher set of standards could be enforced if the area was included in the City limits. Councilman Washburn commented that it will be easier to deal locally with the concerns of the residents than it would be at the County level. He apologized to the residents for any misunderstanding they had been given by the County, but further explained the rights of the landowner as well as ERM Concrete, who maintains a haul road through this area. He also commented on trees and habitat which would need to be considered when the tract map is considered. Councilman Starkey reinforced Councilman Washburn's apology to the residents. He further inquired of staff how the traffic circulation would be handled and whether all traffic would be , PAGE FOUR - CITY COUNCIL MINUTES - JANUARY 10, 1989 required to use Mountain Street through the existing development. Councilman Washburn advised that this traffic situation has been addressed by the Engineer for the project. He suggested that the residents stay active in this process through the tentative tract map to insure that problems are resolved for the best possible project. He further advised that this ~roject would not be a re~uction in lot size or home standards .1..LUlll \..u~ .L.JdJ\.~ '.1.'~L.'L:d(";~ pL.OU J ~(";1... ...- Mr. Leslie advised that the residents had checked into future surrounding developments when they bought and were led to believe the zoning was for rural 2-1/2 acres parcels. He further advised that their biggest concern is the impact of additional traffic on Mountain Street. Mayor Winkler inquired of Mr. Leslie whether he felt the City could provide improved control over the development itself than the County. Mr. Leslie agreed that the City would be best to regulate this development, but expressed concern that maybe this project shouldn't be built at all. City Attorney Harper reiterated that there is an approved tract map with the County, under which the applicant could start construction immediately, without City approval. City Manager Molendyk commented on upcoming street improvements at Lake Street and Terra Cotta Road which would help traffic circulation in the area. Council reemphasized the rights of the property owners to develop their property within City approved guidelines and requirements. MOVED BY DOMINGUEZ, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE __ TO ADOPT NEGATIVE DECLARATION NO. 88-37, ADOPT FINDINGS LISTED BELOW: Findinqs 1. The proposed General Plan Amendment and Zone Change would allow a land use more in character with the subject property's location, access and constraints. 2. The proposed change will not result in any significant adverse environmental impact. 3. Granting of the requested designation will permit reasonable development of the property consistent with its constraints and more compatible with adjacent properties and proposed development. 4. The approval of the requested designations permits development to the highest and best nature within mitigable means to insure maintenance of the general public health, safety and welfare. ADOPT ORDINANCE NO. 88-75A APPROVING GENERAL PLAN AMENDMENT 88-6; RESOLUTION NO. 88-75A .... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AMENDMENTS TO THE LAND USE ELEMENT OF THE LAKE ELSINORE GENERAL PLAN FOR THE FOURTH CYCLE OF THE CALENDAR YEAR OF 1988. ~ PAGE FIVE - CITY COUNCIL MINUTES - JANUARY 10, 1989 AND ADOPT ORDINANCE NO. 848 IMPLEMENTING ZONE CHANGE 88-10. ORDINANCE NO. 848 ~ AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 35.74 ACRES AND 8.6 ACRES, LOCATED APPROXIMATELY 2,500 FEET WEST OF ROBB ROAD BETWEEN MOUNTAIN STREET AND RUNNING DEER ROAD, FROM COUNTY R-R (RURAL RESIDENTIAL) TO R-l (SINGLE-FAMILY RESIDENTIAL) AND R-R (RURAL RESIDENTIAL) ~u~~~~ ~~b~rt~~~, rt~b~~~~~~~Li, WI~rt A ~UH~~UN OF ~H~ ~.b A~H~S DESIGNATED FLOODPLAIN AND FLOODWAY ZONING DISTRICT (ZONE CHANGE 88-10 - PACIFIC SCENE, INC.) UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Mayor Winkler advised the residents present in the audience that the City is still recruiting General Plan Advisory Committee members, and encouraged these citizens to become involved in the process in this way. PRESENTATIONS/CEREMONIALS ,---. A. Mayor Winkler read a Proclamation in Recognition of Martin Luther King Jr's Birthday and presented it to the local chapter President Lillie Brown of the N.A.A.C.P. He commented on the City's recognition of the holiday and that City Hall would be closed on Monday, January 16, 1989. Ms. Brown thanked the Mayor and city Council for their recognition of this event and commented on the work of Dr. Martin Luther King Jr. She also invited the City Council and the public to a celebration of Dr. King's life to be held on Monday, January 16, 1989 at ll:OO a.m. at the united Methodist Church, located on Main Street. Mr. Dan Guindell, also representing the N.A.A.C.P., commented on the work of the organization on all types of discrimination including religious, racial, etc. 32. Tentative Parcel Map 22385 = Dura Construction Co. A request to subdivide a ten (10) acre parcel into four (4) parcels, two (2) in a C-M Zone, totaling 3.3 acres, and two (2) in an M-l Zone, totaling 6.9 acres, located on the south side of Collier Avenue between Third and Crane Streets. Community Development Director Miller detailed this request and advised that due to some concerns expressed by the Riverside County Flood Control District, staff is recommending a continuance to further address these concerns. Councilman Washburn inquired into the Third Street Channel and whether it would put this project on hold indefinitely. Community Development Director Miller advised that while a portion of this development would have to wait for the channel, a portion can be developed before the channel. PAGE SIX - CITY COUNCIL MINUTES - JANUARY 10, 1989 MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM FOR FURTHER REVIEW, BASED ON THE FOLLOWING FINDING: Findinq 1. Concern has been raised by the Riverside County Flood Control District, a responsible agency under the C~lifornia.En~ironme~tal ~ua~ity ~ct (C~~~),.t~at all ~J.'::lHJ..1..J.l.,;al1l.. auvt::.1..~t:: J.lll'pal.,;l..~ Havt:: .ubt::H LilJ.I..J.~a~cCl.. ..... 33. Zone Code Amendment 88-9 = Brookstone Development. An appeal of Planning Commission denial of a request to amend section 17.54.020 of the Lake Elsinore Municipal Code pertaining to permitted uses in the Commercial-Manufacturing District to allow engineering offices in that district. Community Development Director Miller explained the appeal, and suggested that Council consider Alternative #3 since they are different from a standard office operation in that they utilize a number of survey trucks. The City Clerk reported no written comments or protests. Mayor Winkler opened the public hearing at 8:04 p.m. asking those in favor of this appeal to speak. The following people spoke: Steve Brown, Brookstone Development, advised that they are in favor of Alternative #3, however he highlighted the areas of the staff report he felt contained discrepancies as follow: Item #1 page #1 - relating to less parking than a commercial facility. He felt that based on the use, __ they would be providing more parking than the standards for commercial uses would require. Item #2 page #2 - relating to this type of use discouraging industrial use. He felt this type of use would encourage growth in the community. He also encouraged Council to review this zone for additional uses that would benefit the Community. He also offered to answer any questions from Council. Fred Crowe, Butterfield Engineering, advised that they would like approval of this use, because they have run out of space and are now working out of two buildings. He further advised that they feel their use would be similar to contractors' offices which are a use permitted in this zone. Mayor Winkler asked those in opposition to speak. Hearing no one, the public hearing was closed at 8:16 p.m. Councilman Washburn commented that he agrees additional consideration is needed for use of this zone. He commented on concerns expressed with this project at the Planning Commission meeting as follow: ..... 1) Soils Lab different from other types of labs - He felt civil Engineering Lab uses digitiser, map making equipment, number crunching and would qualify as a laboratory. 2) Loss of M-l land - He referred to the Gobar Report in ~ PAGE SEVEN - CITY COUNCIL MINUTES - JANUARY 10, 1989 1985 relating to land use, which stated no such problem exists and we would not loose it at a rate which would cause problems. 3) Citywide Code Change which would allow arbitrary construction of office space - This action would only allow the stated use in the C-M district. ..... 4) Rent Structure drawing from the Downtown Area - uvera~~ ren~ struc~ure for C-2 uses on Lakeshore Drive quite high (approximately $1.50 per square foot) for office use, more appropriate for retail use. Office spaces are running approximately $.80 per square foot. This facility would run approximately $.55 to $.60 per square foot. He further commented that this zone has been structured too restrictively and is not working, since staff and City Council hours are being wasted in adding or clarifying uses. He agreed some uses commented on should be downtown, but the land is not always available at a reasonable cost. He commented on steve Brown's concerns with the staff report, and felt these were questionable as to causing problems in the area. Councilman Dominguez expressed concern with allowing this use when it is not allowed under the current Title 17 for this zone. MOVED BY WASHBURN, SECONDED BY STARKEY AND CARRIED BY A VOTE OF 4 TO 1 WITH DOMINGUEZ CASTING THE DISSENTING VOTE TO APPROVE ALTERNATIVE #3 EXPANDING THE SECTION PERMITTING SOILS ENGINEERING AND TESTING FIRMS TO ALLOW ALL CIVIL ENGINEERING FIRMS SUBJECT TO MEETING PARKING REQUIREMENTS; ADOPTED NEGATIVE DECLARATION 88-43 AND ADOPTED ORDINANCE NO. 851. ORDINANCE NO. 851 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 17.54.020.U. OF THE LAKE ELSINORE MUNICIPAL CODE TO ADD CIVIL ENGINEERING FIRMS AS A PERMITTED USE IN THE C-M (COMMERCIAL-MANUFACTURING) ZONING DISTRICT. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: DOMINGUEZ ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE BUSINESS/DISCUSSION ITEMS 51. Annexation No. 45 = Pacific Scene. A request to annex an uninhabited 44.34 acres unincorporated property located approximately 2,550 feet west of Robb Road between Mountain Street and Running Deer Road. Resolution No. 89-1. Wayne Gorensen, representing Pacific Scene, commented for the residents of Lake Terrace who had expressed concern, the average lot size in this development would be approximately 9,500 square feet, with homes of 1,900 to 2,100 square feet. He also offered to meet with the property owners as well as PAGE EIGHT - CITY COUNCIL MINUTES - JANUARY 10, 1989 the representatives of Elsinore Ready Mix to mitigate concerns. Community Development Director Miller detailed this request which is in connection with the earlier General Plan Amendment and Zone Change for Pacific Scene. Robert Cartier, representing Elsinore Ready Mix, advised that they are in favor of this annexation, as it would allow City - . - \';U!H..L.UJ. Ul. \:.ue prUpeL..\"'Y. .... MOVED BY DOMINGUEZ, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO ADOPT NEGATIVE DECLARATION 88-37, ADOPT FINDINGS LISTED BELOW: Findinqs 1. Th~ project, as conditioned, will not have a significant impact on the environment. 2. The project is within the City's Sphere of Influence and abuts the City Limits. Therefore, the request is a logical extension to the City Limits. 3. The project, as conditioned, will provide the necessary public services to allow development. AND ADOPTED RESOLUTION NO. 89-1 CONSENTING TO THE COMMENCEMENT OF ANNEXATION PROCEEDINGS. RESOLUTION NO. 89-1 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. 45 - _ PACIFIC SCENE ANNEXATION. BUSINESS ITEMS 52. Second Reading - Ordinance No. 849. Relating to Zone Change 88-13 - Dura Construction. MOVED BY DOMINGUEZ, SECONDED BY WASHBURN TO ADOPT ORDINANCE NO. 849. ORDINANCE NO. 849 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 3.3 ACRES LOCATED SOUTH OF COLLIER AVENUE BETWEEN THIRD AND CRANE STREETS FROM M-I (LIMITED MANUFACTURING) TO C-M (COMMERCIAL MANUFACTURING) ZONING DISTRICT (ZONE CHANGE 88-13 - DURA CONSTRUCTION. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE - "-. ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PAGE NINE - CITY COUNCIL MINUTES - JANUARY 10, 1989 53. Second Readinq = Ordinance No. 850. Relating to Zone Change 88-14 - A & A Investments. MOVED BY DOMINGUEZ, SECONDED BY STARKEY TO ADOPT ORDINANCE NO. 850. ORDINANCE NO. 850 Ai~ V.L<;.U.!.!~t1!~\...t:.o V.I:' ".L"n.t:.o \...L".L"Y UJ:' LJ1.J:\./:'.; ./:'.;Lb.Ll'lU!<../:'.;, l;ALL.l:'"Ui<.NIA, REZONING 0.19 ACRES LOCATED ON THE NORTHWEST CORNER OF SUMNER AVENUE AND LANGSTAFF STREET FROM R-2 (MEDIUM DENSITY RESIDENTIAL) TO R-3 (HIGH DENSITY RESIDENTIAL) ZONING DISTRICT (ZONE CHANGE 88-14 - A & A INVESTMENTS) . UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, W~SHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE CITY MANAGER COMMENTS City Manager Molendyk advised that the new street lights promised by the citywide Lighting and Landscaping District are being installed beginning this week. City Manager Molendyk requested that Council consider holding a study Session on February 2, 1989, to discuss implementation of the General Plan Study. Council concurred to hold the Study Session on February 2, 1989 from 5 to 7 p.m. in the Chamber of Commerce conference room. CITY COUNCIL COMMENTS Councilman Starkey commented on the success of the Chamber of Commerce New Year's Eve Party. He also advised that the new sign for the Chamber of Commerce is expected for installation next week. Mayor Winkler commented on recent newspaper articles regarding the requirement that single family homes be considered by the Planning Commission, and explained the importance of this process to insure quality development throughout the Community. Mayor Winkler complimented the Sheriff's Department for their professional handling of a raid which he was allowed to witness recently. He reminded the public of the Senior citizen's rebates for the Citywide Lighting and Landscaping District and the City contact person for information. Mayor Winkler also reminded the Community of the upcoming Blast from the Past to benefit United Cerebral Palsey, to be held at the Community Center on January 14, 1988 from 7 to 11 p.m. Karen Snider, representing Realty World, further highlighted the plans for Blast from the Past. Mayor Winkler advised that after two Study Sessions, and work by staff the money has been found to fund a police target team for special enforcement throughout the Community. City Manager Molendyk advised that this team should be operating in the area as early as April of this year. PAGE TEN - CITY COUNCIL MINUTES - JANUARY 10, 1989 ADJOURNMENT MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEET AT 8:40 P.M. ATTEST: ~~b~CLERK J~ JIM WINKLER, MAYOR CITY OF LAKE ELSINORE - ... ...