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HomeMy WebLinkAbout05-23-1989 City Council Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MAY 23, 1989 r ****************************************************************** 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: ABSENT: COUNCILMEMBERS: BUCK, STARKEY, WASHBURN, WINKLER COUNCILMEMBERS: DOMINGUEZ Also present were: City Manager Molendyk, City Attorney Harper, Administrative Services Director Wood, Community Services Director Watenpaugh, Public Services Director Kirchner, City Planner Thornhill, Chief Building Official Shear and City Clerk Kasad. PUBLIC COMMENTS ,..-. 1. Michael Deichert, 34608 Farm Road, representing Cub Scout Pack 201, advised that troop 201 was in attendance this evening for part of their Community Activity Badge and introduced the boys in attendance. 2. Kevin Hogan, 358 Avenue 6, commented on Code Enforcement and what he considers selective enforcement. He advised that he has been cited and feels the citation is inappropriate based on previous dealings with the City; and threatened that future dealings with him would be in court. PRESENTATIONS/CEREMONIALS A. Proclamation - Mrs. Carol Crosthwaite - Elsinore High School - Riverside County Counselor of the Year. Mayor Winkler read a Proclamation honoring Mrs. Carol Crosthwaite for her contributions to the students of this Community. He presented her with the Proclamation and a City Pin. Mrs. Crosthwaite thanked Council for this recognition and commented on the personal rewards she gleens from working with the students. - CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 5, 8, 9, 10. MOVED BY STARKEY, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED . \ PAGE TWO - CITY COUNCIL MINUTES - MAY 23, 1989 1. The following Minutes were approved: a. May 9, 1989 - Regular City Council Meeting. The following Minutes were received and filed: b. May 2, 1989 - Planning Commission Minutes. 2. Received and filed Animal Control Activity Report for April, 1989. J 3. Received and filed Investment Report for April, 1989. 4. Rejected and referred to Claims Administrator the Claim submitted by Joette A. Waldon (CL #89-6). 6. Approved Request for Garage Construction at 906 W. Lakeshore Drive, subject to the following conditions: Conditions 1. Owner to provide a certification of elevation on the finished floor of the garage. 2. All construction below the 1267' elevation shall be flood proofed to the satisfaction of the Chief Building Official. 3. Provide a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area. The openings shall provide the automatic entry and exist of flood waters. 7. Authorized Staff to Advertise for Bids on the Lakepoint Park Left Turn Lane Project. 11. Approved Public Hearing date of June 13, 1989 for the following: a. General Plan Amendment 89-3 ~ Larry ~ Morser. A request to amend the General Plan Land Use Map from Medium Density Residential to Neighborhood Commercial on 2.29 acre parcel. The project is located on the southeast corner of Grand Avenue and Morro Way. ~ b. General Plan Amendment 89-4 ~ Michael Brown. A request to amend the General Plan Land Use Map from Medium Density Residential to High Density Residential (current zoning) on two parcels (7,414 acres total). The project is located on the north side of Joy Street approximately 200 feet west of Riverside Drive. c. General Plan Amendment 89-6 ~ Greq Block, San Jacinto Hiqhlands. A request to amend the General Plan Land Use Map from Very Low Density Residential on an 82 acre parcel. The project is located at the northerly terminus of Scenic Ridge Drive, one-half mile north of Railroad Canyon Road and adjacent to a portion of the west boundary of Canyon Lake Hills. 'f .....J ITEMS PULLED FROM CONSENT CALENDAR 5. Cottonwood Hills Annexation/Parks & Recreation Services. City Manager Molendyk recommended that this item be continued. \ PAGE THREE - CITY COUNCIL MINUTES - MAY 23, 1989 MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE THIS ITEM TO A MEETING SOMETIME NEXT WEEK. 8. Railroad Canyon Road Traffic Signal Design Contract - Warren Siecke - Request for Authorization to Utilize Traffic Signalization Funds. City Manager Molendyk commented on this project and the improved circulation it would provide. .... MOVED BY BUCK, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE CONTRACT WITH WARREN SIECKE AND AUTHORIZE THE EXPENDITURE OF TRAFFIC SIGNALIZATION FUNDS TO COMPLETE THE PROJECT. 9. Authorization to Advertise for Bids on the 32172 Machado Street Widening Project. Councilman Washburn inquired whether this project as proposed would include tree wells. MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO AUTHORIZE STAFF TO ADVERTISE FOR BIDS ON THE 32172 MACHADO STREET WIDENING PROJECT WITH THE SPECIFICATIONS TO INCLUDE TREE WELLS. 10. City/County Co-op Traffic Signal Project Recommendations. City Manager Molendyk detailed the County's recommendations and requested that some changes be added to the staff's recommendations with the final proposal as follows: ..... 1. Construct Corydon/Mission Trail in Fiscal Year 1989-90. 2. Re-evaluate Mission Trail/Palomar 1990-91. 3. Postpone Lakeshore/Machado Street until further adjacent development occurs. (Staff recommended that a letter be sent to the County to encourage work at this location as soon as possible, maybe 1990-91). Mayor Winkler suggested that Item #3 be requested for l489-90 consideration. City Manager Molendyk advised that he also received notification this date that the County has also reviewed and approved construction of signals at Ortega Highway/Grand Avenue, Riverside Drive/Joy Street, Riverside Drive/Lincoln Street. He suggested that the City's portion of this work be reviewed during the budget process. MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE STAFF RECOMMENDATION LISTED ABOVE WITH THE EXCEPTION OF ITEM #3 FOR WHICH A LETTER IS TO BE SENT TO THE COUNTY REQUESTING CONSIDERATION FOR FISCAL YEAR 1989-90. PUBLIC HEARINGS ..... 31. Zone Chanqe 89-6 ~ Georqe Wimoey, ~ dba Morrison Homes. A request to rezone 13.4 net acres located south of Macy Street, east of Laguna and northerly of Ortega Highway, from C-1/C-P (Neighborhood Commercial and Commercial Park) Districts to R-1 (Single-Family Residential) District. City Planner Thornhill detailed this request and reminded Council of previously approved steps in development of this project. ; PAGE FOUR - CITY COUNCIL MINUTES - MAY 23, 1989 The City Clerk reported no written comments or protests. Mayor Winkler opened the public hearing at 7:21 p.m., asking those in favor of Zone Change 89-6 to speak. No one spoke. Mayor Winkler asked those in opposition to speak; Hearing no one, the public hearing was closed at 7:21 p.m. MOVED BY WASHBURN, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO REAFFIRM NEGATIVE DECLARATION AND ADOPT FINDINGS LISTED BELOW: ~ Findinqs 1. State Planning and Zoning Law, California Government Code Section 65860, requires that zoning be consistent with the General Plan. This change of zone is to comply with State law. 2. This change of zone is necessary to bring about consistency between zoning and approved future land uses. 3. This change of zone is a Condition of Approval for Residential Project 89-1. APPROVE ZONE CHANGE 89-6 AND ADOPT ORDINANCE NO. 857: ORDINANCE NO. 857 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING APPROXIMATELY 16.50 GROSS ACRES LOCATED SOUTH OF MACY STREET, EAST OF LAGUNA AVENUE AND NORTHERLY OF ORTEGA HIGHWAY FROM C-ljC-P (NEIGHBORHOOD COMMERCIAL AND COMMERCIAL PARK) TO R-l (SINGLE-FAMILY RESIDENTIAL) ZONING DISTRICT (ZONE CHANGE 89-6 - GEORGE WIMPEY, INC., DBA MORRISON HOMES), UPON THE FOLLOWING ROLL CALL VOTE: ... AYES: COUNCILMEMBERS: BUCK, STARKEY, WASHBURN, WINKLER NONE DOMINGUEZ NONE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: 32. Tentative Tract Maps 24138, 24139 and 24215 ~ SunCal Development and Investment. A request to subdivide 18 parcels into 221 residential lots that will be processed as three (3) Tentative Tract Maps, located on 60 acres, north of Grand Avenue, west of Skylark Drive and east of Ontario Way. City Planner Thornhill detailed the three separate tracts being considered and suggested additional conditions relating to avigation easements, provision of information on airway to prospective residents in CC & R's, and bike lane striping on Grand Avenue. ~ -- The City Clerk reported no written comments or protests. PAGE FIVE - CITY COUNCIL MINUTES - MAY 23, 1989 Mayor Winkler opened the public hearing at 7:26 p.m. asking those in favor of the above mentioned tracts to speak. The following person spoke: Ed Sloman, of K.W.C. Engineering representing SunCal, concurred with staff recommendation, conditions and the amended conditions suggested by City Planner Thornhill. ~ Mayor Winkler asked those in opposition to speak. Hearing no one, the public hearing was closed at 7:27 p.m. Councilman Buck questioned Condition #39 relating to contribution to construction of a traffic signal at Corydon & Grand. Public Services Director Kirchner advised that since the County plans to construct this traffic signal, the contribution can either go to the County for the project or be transferred to a traffic signal at Corydon and Palomar. City Manager Molendyk suggested that it be applied to a signal at Corydon and Palomar. Councilman Buck further questioned contribution to a median on Grand Avenue and inquired whether this was part of the plan for Grand Avenue. Public Services Director Kirchner advised that ultimately a median would be in the plan and it would be appropriate to collect the fees at this time. Councilman Washburn stressed the importance of notifying prospective buyers of the local air traffic and the proximity to parachute, small plane and hang glider activity. ~ MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO REAFFIRM NEGATIVE DECLARATION NO. 89-7 AND ADOPT THE FINDINGS LISTED BELOW: Findinqs ~ Tract 24138 1. The project, as conditioned, will not have a significant impact on the environment and will contain a Mitigation Monitoring Program as part of this approval. 2. The project meets the Goals and Objectives of the General Plan and R-1 Zoning Standards. 3. The project, as conditioned, complies with the City's subdivision standards. 4. The proposal, as conditioned, will be compatible with existing and proposed development in the area, therefor, it will not create any adverse effect on abutting properties. 5. The site is physically suitable for this type of density of development. 6. No conflicts with any identified public easements are anticipated. ~ AND APPROVE TENTATIVE TRACT MAP 24138 SUBJECT TO THE FOLLOWING CONDITIONS, WITH AMENDED CONDITION NUMBERS 39 AND 53. Planninq Division Conditions ~ Tract 24138 ~ 1. Approval of Tentative Tract Map 24138 shall be subject to the approval of Annexation No. 46 and Zone Change 89-4. 2. The Tentative Tract Map shall comply with the State of PAGE SIX - CITY COUNCIL MINUTES - MAY 23, 1989 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. 3. This conditionally approved Tentative Tract Map Number 24138 will expire two (2) years after the City Council approval date, unless extended as provided by the State of California Subdivision Map Act. 4. 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 Di stri ct. ...,/ 5. A precise survey with closures for boundaries and lots shall be provided, per City ordinance. 6. Applicant shall record CC & R's for the project prohibiting on street storage of boats, motorhomes, trailers, and trucks over one (1) ton capacity. CC & R's shall also include screening of any ground base satellite dish, no roof mounted or front yard satellite dish to be allowed. The CC & R's shall be subject to the approval of the Community Development Director or his designee prior to recordation of any deeds or recording of Final Map. CC & R's shall be recorded prior to issuance of any Certificate of Occupancy for the units when developed in the future. 7. House plotting, architectural drawings, floor plans, landscaping and fencing plans shall require Minor Design Review approval prior to issuance of grading permits. All standards of development and processing steps in effect at time of Minor Design Review submittal shall apply for thi s project. 8. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of util ities. .....i 9. 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. 10. Applicant shall submit and receive approval of landscape and irrigation plans for the model homes, back-up wall areas, street trees and slope planting in accordance with the City Landscape Guidelines (April 1988 unless revised), prior to issuance of grading permits. 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 School District have been paid. In addition, all applicable Park and Capital Improvement fees shall be paid at this time. ...",J " PAGE SEVEN - CITY COUNCIL MINUTES - MAY 23, 1989 ~ 14. Prior to Final Map approval, Runway 23/5 of the Skylark Airport shall be abandoned through the necessary proceedings. 15. The model complex shall include a landscape screened parking lot and at least one (1) model home to include a Xeriscape landscape theme. A landscape and fencing plan for the model homes shall be provided at time of Minor Design Review. 16. Prior to approval of the street improvement plans the applicant shall provide an agreement to locate a bus shelter on Grand Avenue. The location and. shelter details shall be approved by the Community Services Director, and the bus shelter shall be installed prior to the completion of Tract 24138. 17. Strict adherence to the Mitigation Monitoring Program shall be provided and approved at the appropriate implementation times (Exhibit III of Staff Report). 18. Prior to Final Map approval for Tentative Tract Map 24139 Lots 74 and 75 shall be combined to ensure the 50 foot setback from the north property line. 19. Prior to Final Map approval all required changes in the lot widths noted on the xerox copies (date stamped 3-10-89) attached to the Tentative Tract Maps shall be shown. ~ 20. Applicant shall meet all conditions on page 4 of Exhibit II from the County Geologist. 21. Applicant shall meet all applicable County Fire Department Conditions of Approval. Elsinore Valley Municipal Water District Conditions ~ Tract 24138 22. Meet all Elsinore Valley Municipal Water District conditions, as follows: a) Pay water connection fee per Resolution 911 prior to Certificate of Occupancy issuance. b) Pay sewer connection fee per Resolution No. 933 prior to Certificate of Occupancy issuance. c) Submit hydraulic analysis for sewer line and facilities sizing. d) Submit hydraulic analysis for water line and facilities. Design water lines for maximum day plus fire flow to meet Riverside County Fire Department requirements. ~ e) Design and construct water line along entire project frontage to Elsinore Valley Municipal Water District standards. f) Design and construct sewer line along entire project frontage to Elsinore Valley Municipal Water District standards. ; Enqineerinq Department Conditions ~ Tract 24138 23. Construct all off-site improvements per approved street plans (Municipal Code, Title 12), which must be approved and signed by the City Engineer prior to approval of final map (L.E.M.C. 16.34). PAGE EIGHT - CITY COUNCIL MINUTES - MAY 23, 1989 24. Street improvement plans and specifications shall be prepared by a civil engineer and improvements shall ,be to Riverside County Road Department standards and Clty Codes (L.E.M.C. 12.04 and 16.34). 25. 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). 26. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52.030). ..,.j 27. 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. 28. 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. 29. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16.34; Resolution No. 85-26). 30. All natural drainage traversing site shall be conveyed through site or provided for by a method approved by the City Eng i neer. 31. All public work requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code. 32. All compaction reports, grade certification, monument certification (with tie-notes delineated on 8-1/2" xlI" mylar) shall be submitted to Engineering Department before final inspection of off-site improvements will be scheduled and approved. ..,.j 33. Provide fire protection facilities as required in writing by Riverside County Fire Department. 34. Provide street lighting and indicate on street improvement plans as required by City Engineer. 35. Enter into a subdivision agreement with the City for off- site improvements and post appropriate bonds. 36. Contribute $180 for the City-wide Entry Sign Program. 37. Developer shall provide all necessary flood hazard protection and all lots shall be graded above 1267'. Developer shall meet special flood protection requirements, building within lake perimeter streets. (L.E.M.C. 15.68). 38. Hydrology and hydraulic study shall be submitted to the Engineering Department for review and approval by the City Engineer and Riverside County Flood Control District prior to final map approval. 39. Contribute $7,800 for the design and construction of a traffic signal at Corydon Road and Palomar Street. This project will increase the growth of traffic in the area, accelerate the need for a signal and should contribute to six percent (6%) of the cost of the signal. " --' PAGE NINE - CITY COUNCIL MINUTES - MAY 23, 1989 ~ 40. Contribute $19,260 for the design and construction of half a median on Grand Avenue along property frontage. 41. Dedicate 15-foot on Grand Avenue and improve Grand to centerline, improvements on Grand Avenue to be approved by Riverside County Road Department. 42. Individual lots shall have no access to Grand Avenue. 43. Grand Avenue shall be striped and paved to provide a left turn pocket at Ontario Way and Scales Way. 44. Applicant shall cooperate with developer of Tract 22273 and provide full street improvements on Ontario Way along northerly boundary. 45. Applicant shall dedicate 16-foot along southerly boundary for additional right-of-way for Scales Way. Scales Way has to be improved to provide parking and two travel lanes (30-foot). 46. Applicant shall construct half a cul-de-sac at northeasterly terminus of Scales Way. 47. All local streets shall be 60-foot (60') right-of-way and 40-foot (40') curb-to-curb. ..... 48. Applicant shall obtain all necessary off-site easements for off-site grading from adjacent property owners. Erosion control planting and irrigation shall also be provided. 49. Applicant shall acquire existing Scales Way for public right-of-way. 50. Developer shall cooperate with the construction and financing of the storm drain from Grand Avenue through project site and through Tract 24139 and 24215. If this tract is developed independently of Tract 24139 and 24215, then energy dissipators shall be installed to the satisfaction of the City Engineer to mitigate downstream erosion. 51. Developer shall agree to participate in a benefit reimbursement or benefit assessment district to build a storm drain along the northeast boundary of Tract 24139 and 24215 in conformity with the Lake Management Wetland Development Plan. 52. A right-of-way entry permit may be required from the U.S. Army Corps of Engineers for grading operations. 53. Require notification including the White Report, to potential buyers of nearby flight plan and include information to that effect in the CC & R's. ~ MOVED BY WASHBURN, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO REAFFIRM NEGATIVE DECLARATION NO. 89-7 AND ADOPT THE FINDINGS LISTED BELOW: Findinqs ~ Tract 24139 1. The project, as conditioned, will not have a significant impact on the environment and will contain a Mitigation Monitoring Program as part of this approval. 2. The project meets the Goals and Objectives of the General ; PAGE TEN - CITY COUNCIL MINUTES - MAY 23, 1989 Plan and R-1 Zoning Standards. 3. The project, as conditioned, complies with the City's subdivision standards. 4. The proposal, as conditioned, will be compatible with existing and proposed development in the area, therefor, it will not create any adverse effect on abutting properties. 5. The site is physically suitable for this type of density of development. 6. No conflicts with any identified public easements are anticipated. AND APPROVE TENTATIVE TRACT MAP 24139 SUBJECT TO THE" FOLLOWING CONDITIONS, WITH AMENDED CONDITION NUMBERS 16, 38 AND 49. ~ Planning Division Conditions ~ Tentative Tract Map 24139. 1. Approval of Tentative Tract Map 24139 shall be subject to the approval of Annexation No. 46 and Zone Change 89-4. 2. The 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. 3. This conditionally approved Tentative Tract Map Number 24139 will expire two (2) years after the City Council approval date, unless extended as provided by the State of California Subdivision Map Act. 4. 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. ~ 5. A precise survey with closures for boundaries and lots shall be provided, per City ordinance. 6. Applicant shall record CC & R's for the project prohibiting on street storage of boats, motorhomes, trailers, and trucks over one (1) ton capacity. CC & R's shall also include screening of any ground base satellite dish, no roof mounted or front yard satellite dish to be allowed. The CC & R's shall be subject to the approval of the Community Development Director or his designee prior to recordation of any deeds or recording of Final Map. CC & R's shall be recorded prior to issuance of any Certificate of Occupancy for the units when developed in the future. 7. House plotting, architectural drawings, floor plans, landscaping and fencing plans shall require Minor Design Review approval prior to issuance of grading permits. All standards of development and processing steps in effect at time of Minor Design Review submittal shall apply for this project. 8. Applicant shall meet all Conditions of Approval prior to to the issuance of a Certificate of Occupancy and release of utilities. ; ~ PAGE ELEVEN - CITY COUNCIL MINUTES - MAY 23, 1989 9. 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. .... 10. Applicant shall submit and receive approval of landscape and irrigation plans for the model homes, back-up wall areas, street trees and slope planting in accordance with the City Landscape Guidelines (April 1988 unless revised), prior to issuance of grading permits. 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 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, Runway 23/5 of the Skylark Airport shall be abandoned through the necessary proceedings. 15. The model home complex shall include a landscape screened parking lot and at least one (1) model home to include a Xeriscape landscape theme. A landscape and fencing plan for the model homes shall be provided at time of Minor Design Review. 16. Prior to approval of the street improvement plans the applicant shall provide an agreement to locate a bus shelter on Grand Avenue. The location and shelter details shall be approved by the Community Service Director, and the bus shelter and turnout shall be installed prior to the completion of Tract 24138. 17. Strict adherence to the Mitigation Monitoring Program shall be provided and approved at the appropriate implementation times (Exhibit III of Staff Report). 18. Prior to Final Map approval for Tentative Tract Map 24139 Lots 74 and 75 shall be combined to ensure the 50 foot setback from the north property line. 19. Prior to Final Map approval all required changes in the lot width noted on the xerox copies (date stamped 3-10-89) attached to the Tentative Tract Maps shall be shown. .... 20. Applicant shall meet all conditions on page 4 of Exhibit II from the County Geologist. 21. Applicant shall meet all applicable County Fire Department Conditions of Approval. Elsinore Valley Municipal Water District Conditions ~ Tract 24139 ; 22. Meet all Elsinore Valley Municipal Water District conditions, as follow: a) Pay water connection fee per Resolution 911 prior to Certificate of Occupancy issuance. PAGE TWELVE - CITY COUNCIL MINUTES - MAY 23, 1989 b) Pay sewer connection fee per Resolution No. 933 prior to Certificate of Occupancy issuance. c) Submit hydraulic analysis for sewer line and facilities sizing. d) Submit hydraulic analysis for water line and facilities. Design water lines for maximum day plus fire flow to meet Riverside County Fire Department requirements. ....J e) Design and construct water line along entire project frontage to Elsinore Valley Municipal Water District standards. f) Design and construct sewer line along entire project frontage to Elsinore Valley Municipal Water District standards. Enqineering Department Conditions ~ Tract 24139 23. Construct all off-site improvements per approved street plans (Municipal Code, Title 12), which must be approved and signed by the City Engineer prior to approval of final map (L.E.M.C. 16.34). 24. 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). 25. 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). .... 26. Dedicate underground water rights to the City (Municipal Code,Title 16, Chapter 16.52.030). 27. 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. 28. 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. 29. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16.34; Resolution No. 85-26). 30. All public work requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code. 31. 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. 32. Provide fire protection facilities as required in writing by Riverside County Fire Department. 33. Provide street lighting and indicate on street 'f ....J PAGE THIRTEEN - CITY COUNCIL MINUTES - MAY 23, 1989 improvement plans as required by City Engineer. 34. Enter into a subdivision agreement with the City for off-site improvements and post appropriate bonds. ~ 35. Contribute $187 for the City-wide Entry Sign Program. 36. Developer shall provide all necessary flood hazard protection and all lots shall be graded above 1267'. Developer shall meet special flood protection requirements, building within lake perimeter streets. (L.E.M.C. 15.68). 37. Hydrology and hydraulic study shall be submitted to the Engineering Department for review and approval by the City Engineer and Riverside County Flood Control District before final map approval. 38. Contribute $7,800 for the design and construction of a traffic signal at and Corydon Road and Palomar Street. This project will increase the growth of traffic in the area, accelerate the need for a signal and should contribute to six percent (6%) of the cost of the signal. 39. All local streets shall be 60-foot (60') right-of-way and 40-foot (40') curb-to-curb. ~ 40. Applicant shall obtain all necessary off-site easements for off-site grading from adjacent property owners. Erosion control planting and irrigation shall also be provided. 41. Developer shall mitigate any flooding and/or erosion downstream caused by development of site or redirecting drainage, method to be approved by City Engineer. 42. Developer shall participate in a benefit reimbursement or benefit assessment district for the design and construction of a storm drain along the northeast boundary of Tract 24139 and and 24215 in conformity with the Lake Management Wetlands Development Plan. 43. A right-of-way entry permit may be required from the U. S. Army Corps of Engineers for grading operations. 44. Applicant shall acquire sufficient right-of-way and improvement on Ontario Way to provide for parking and two (2) travel lanes (30 feet) along northerly boundary of tract. ~ 45. Developer shall construct half a cul-de-sac plus 10 feet (10') at the northeast terminus of Ontario Way. 46. Developer shall cooperate with the construction and financing of the storm drain from Grand Avenue through Tract 24138 and through this project. If this Tract is developed independently of Tracts 24138 and 24215, a separate storm drain system will need to be designed and constructed. ; 47. If this Tract is developed independently of Tracts 24138 and 24215, then a secondary access shall be provided to Scales Way or Skylark Drive. . 48. Drainage acceptance letters will be necessary from the downstream property owners for outletting the proposed PAGE FOURTEEN - CITY COUNCIL MINUTES - MAY 23, 1989 storm drain. 49. Require notification including the White Report to potential buyers of nearby flight plan and include information to that effect in the CC & R's. MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO REAFFIRM NEGATIVE DECLARATION NO. 89-7 AND ADOPT THE FINDINGS LISTED BELOW: Findings ~ Tract 24215 1. The project, as conditioned, will not have a significant impact on the environment and will contain a Mitigation Monitoring Program as part of this approval. 2. The project meets the Goals and Objectives of the General Plan and R-1 Zoning Standards. 3. The project, as conditioned, complies with the City's subdivision standards. -J 4. The proposal, as conditioned, will be compatible with existing and proposed development in the area, therefor, it will not create any adverse effect on abutting properties. 5. The site is physically suitable for this type of density of development. 6. No conflicts with any identified public easements are anticipated. AND APPROVE TENTATIVE TRACT MAP 24215 SUBJECT TO THE FOLLOWING CONDITIONS, WITH AMENDED CONDITION NUMBERS 38, 43 AND 52. ..... Planninq Division Conditions ~ Tract 24215 1. Approval of Tentative Tract Map 24215 shall be subject to the approval of Annexation No. 46 and Zone Change 89-4. 2. The 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. 3. This conditionally approved Tentative Tract Map Number 24215 will expire two (2) years after the City Council approval date, unless extended as provided by the State of California Subdivision Map Act. 4. 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. 5. A precise survey with closures for boundaries and lots shall be provided, per City ordinance. 6. Applicant shall record CC & R's for the project prohibiting on street storage of boats, motorhomes, trailers, and trucks over one (1) ton capacity. CC & R's shall also include screening of any ground base satellite dish, no roof mounted or front yard satellite dish to be allowed. The CC & R's ., ...J PAGE FIFTEEN - CITY COUNCIL MINUTES - MAY 23, 1989 ,- shall be subject to the approval of the Community Development Director or his designee prior to recordation of any deeds or recording of Final Map. CC & R's shall be recorded prior to issuance of any Certificate of Occupancy for the units when developed in the future. 7. House plotting, architectural drawings, floor plans, landscaping and fencing plans shall require Minor Design Review approval prior to issuance of grading permits. All standards of development and processing steps in effect at time of Minor Design Review submittal shall apply for this project. 8. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 9. 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. 10. Applicant shall submit and receive approval of landscape and irrigation plans for the model homes, back-up wall areas, street trees and slope planting in accordance with the City Landscape Guidelines (April 1988 unless revised), prior to issuance of grading permits. ..- 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 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, Runway 23/5 of the Skylark Airport shall be abandoned through the necessary proceedings. 15. The model home complex shall include a landscape screened parking lot and at least one (I) model home to include a Xeriscape landscape theme. A landscape and fencing plan for the model homes shall be provided at time of Minor Design Review. 16. Prior to approval of the street improvement plans the applicant shall provide an agreement to locate a bus shelter on Grand Avenue. The location and shelter details shall be approved by the Community Service Director, and the bus shelter shall be installed prior to the completion of Tract 24138. ~ 17. Strict adherence to the Mitigation Monitoring Program shall be provided and approved at the appropriate implementation times (Exhibit III of Staff Report). 18. Prior to Final Map approval for Tentative Tract Map 24139 Lots 74 and 75 shall be combined to ensure the 50 foot setback from the north property line. 19. Prior to Final Map approval all required changes in the lot width noted on the xerox copies (date stamped 3-10-89) 'f PAGE SIXTEEN - CITY COUNCIL MINUTES - MAY 23, 1989 attached to the Tentative Tract Maps shall be shown. 20. Applicant shall meet all conditions on page 4 of Exhibit II from the County Geologist. 21. Applicant shall meet all applicable County Fire Department Conditions of Approval. . Elsinore Valley Municipal Water District - Tract 24215 22. Meet all Elsinore Valley Municipal Water District conditions, as follows: ...J a) Pay water connection fee per Resolution 911 prior to Certificate of Occupancy issuance. b) Pay sewer connection fee per Resolution No. 933 prior to Certificate of Occupancy issuance. c) Submit hydraulic analysis for sewer line and facilities sizing. d) Submit hydraulic analysis for water line and facilities. Design water lines for maximum day plus fire flow to meet Riverside County Fire Department requirements. e) Design and construct water line along entire project frontage to Elsinore Valley Municipal Water District standards. f) Design and construct sewer line along entire project frontage to Elsinore Valley Municipal Water District standards. Enqineerinq Department Conditions ~ Tract 24215 23. Construct all off-site improvements per approved street plans (Municipal Code, Title 12), which must be approved and signed by the City Engineer prior to approval of final map (L.E.M.C. 16.34). ..... 24. 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). 25. 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). 26. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52.030). 27. 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. 28. 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. .f ..... 29. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16.34; Resolution No. 85-26). PAGE SEVENTEEN - CITY COUNCIL MINUTES - MAY 23, 1989 30. All public work requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code. ~ 31. All compaction reports, grade certification, monument certification (with tie-notes delineated on 8-1/2" xII" mylar) shall be submitted to Engineering Department before final inspection of off-site improvements will be scheduled and approved. 32. Provide fire protection facilities as required in writing by Riverside County Fire Department. 33. Provide street lighting and indicate on street improvement plans as required by City Engineer. 34. Enter into a subdivision agreement with the City for off- site improvements and post appropriate bonds. 35. Contribute $185 for the City-wide Entry Sign Program. 36. Developer shall provide all necessary flood hazard protection and all lots shall be graded above 1267'. Developer shall meet special flood protection requirements, building within lake perimeter streets. (L.E.M.C. 15.68). 37. Hydrology and hydraulic study shall be submitted to the Engineering Department for review and approval by the City Engineer and Riverside County Flood Control District before final map approval. 38. Contribute $7,800 for the design and construction of a traffic signal at Corydon Road and Palomar Street. This project will increase the growth of traffic in the area, accelerate the need for a signal and should contribute to six percent (6%) of the cost of the signal. 39. All local streets shall be 60-foot (60') right-of-way and 40-foot (40') curb-to-curb. 40. Applicant shall obtain all necessary off-site easements for off-site grading from adjacent property owners. Erosion control planting and irrigation shall also be provided. 41. Developer shall mitigate any flooding and/or erosion downstream caused by development of site or redirecting drainage, method to be approved by City Engineer. 42. Developer shall agree to participate in a benefit reimbursement or benefit assessment district for the design and construction of a storm drain along the northeast boundary of Tract 24139 and 24215 in conformity with the Lake Management Wetlands Development Plan. 43. Applicant shall acquire sufficient right-of-way to provide for a future 66-foot (66') right-of-way and 50-foot (50') curb-to-curb street for Skylark Drive. 44. Applicant shall cooperate with developer of Tract 19344 to construct full street improvements on Skylark Drive along southeast boundary of Tract. 45. Developer shall cooperate with the construction and financing of the storm drain from Grand Avenue through Tracts 24138 and 24139 and through this project. If this Tract is developed independently of Tracts 24138 and 24139, a separate storm drain system will need to be designed and constructed. ~ .... ~ PAGE EIGHTEEN - CITY COUNCIL MINUTES - MAY 23, 1989 46. If this Tract is developed independently of Tracts 24138 and 24139, then a secondary access shall be provided to Scales Way or Skylark Drive. 47. Thundercloud and Marmoset Street rights-of-way shall be abandoned prior to recordation of map. 48. Developer shall enter into an agreement with the County to provide for a benefit assessment district to construct Skylark Drive off-site to Grand Avenue for two (2) travel lanes, 25 feet. Should an assessment district not be formed this improvement will not be required. Secondary access will be provided through Tract 19344, Palomar Street. Should Palomar Street not be completed, the developer shall enter into a reimbursement agreement with the developer of Tract 19344 to construct Palomar Street. 49. Skylark Drive northeast of Palomar Street shall be developed with cooperation of the developer of Tract 19344 and the northerly terminus of Skylark Drive shall be a standard cul-de-sac. 50. A right-of-entry permit may be required from the U. S. Army Corps of Engineers for grading operations. 51. Drainage acceptance letters will be necessary from the downstream property owners for outletting the proposed storm drain. 52. Require notification including the White Report to potential buyers of nearby flight plan and include information to that effect in the CC & R's. BUSINESS/DISCUSSION ITEMS 51. Aooeal of Planninq Commission Decision ~ Keith ~ Linda Clarke. An appeal of Planning Commission denial for a 3,203 square foot single-family home and detached 800 square. foot, two-story garage/storage area, located at 16840 Bell Street. Keith Clarke, applicant, 107 N. Lowell, explained and showed elevations of their proposed home. He advised that it had been denied by the Planning Commission based on the possibility of future code violations, through the development of the garage upstairs unit potentially being built out, without permits. He detailed other types of buildings which could be similarly construed, but receive approvals daily, such as warehouses with office space and interior remodeling in any single family home. He also advised that as the Chief Building Official for the City of Corona, he is not in the habit of violating building codes and regulations. City Planner Thornhill further detailed the concerns expressed by the Planning Commission and clarified that originally staff had recommended approval of Mr. Clarke's home. Councilman Buck questioned the size of the proposed garage structure, the lot line adjustments required and the types of problems the applicant would encounter when he proceeds with construction at a later date. City Planner Thornhill advised that the lot line adjustment is in the works and clarified that the future requirements to complete the building would be to attach the garage structure to the main one, possibly with a breezeway. The applicant advised that this is their intent at a 1 ater date. ..... ....J -..J " PAGE NINETEEN - CITY COUNCIL MINUTES - MAY 23, 1989 ~ Mr. Clarke reassured Council that this second story portion of the garage will remain a storage area until they pull permits and complete the area. Councilman Buck felt it would be unfair to assume that Mr. Clarke would allow this to become a code violation and supported the applicant's request to build as proposed. Councilman Starkey concurred with Councilman Buck that the applicant should be allowed to build his home and commented on the ability of any homeowner to alter their home on the inside with no outside indication for the City to pursue for code enforcement purposes. MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO DENY THE RECOMMENDATION OF THE PLANNING COMMISSION AND APPROVE THE REQUEST OF KEITH AND LINDA CLARKE WITH THE STIPULATION THAT THE SECOND DWELLING UNIT WILL BE IN CONFORMANCE WITH THE REQUIREMENTS OF MUNICIPAL CODE SECTION 17.17. BUSINESS ITEMS 52. Second Reading ~ Ordinance No. 856. Relating to Zone Change 89-4 - South Lake Elsinore Joint Venture c/o Suncal Development & Investment. ~ MOVED BY WASHBURN, SECONDED BY STARKEY TO ADOPT ORDINANCE NO~ 856. ORDINANCE NO. 856 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF tAKE ELSINORE, CALIFORNIA, REZONING APPROXIMATELY 60 ACRES, LOCAfED~ORTH OF GRAND AVENUE, WEST OF ONTARIO WAY AND EAST OF SKYLARK DRIVE AND SCALES WAY FROM COUNTY R-R (RURAL RESIDENTIAL) TO R-l .. (SINGLE-FAMILY RESIDENTIAL) ZONING DISTRICT (ZONE CHANGE 89-4 _ SOUTH LAKE ELSINORE JOINT VENTURE C/O SUNCAL DEVELOPMENT AND INVESTMENT). UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: CITY MANAGER COMMENTS BUCK, STARKEY, WASHBURN, WINKLER NONE DOMINGUEZ NONE City Manager Molendyk advised that a Special Council Meeting would be needed one morning next week to consider Item #5 from this agenda, Homestead Development's request with regard to the Kangaroo Rat and an ordinance relating to Lake Management for the 404 permit. Mayor Winkler suggested Wednesday, May 31, 1989 at 7:30 a.m. Council concurred. ..... CITY COUNCIL COMMENTS Councilman Buck complimented staff for the placement of the Main Street trees and the dead tree removal on Graham Street. He requested that staff continue to weed the parkway areas around Main and Graham Streets. ~ Councilman Washburn commented on the pothole problems on Lakeshore Drive and Robb Road and questioned the time frame for improvements. PAGE TWENTY - CITY COUNCIL MINUTES - MAY 23, 1989 He further commented that he has heard that the towing of abandoned vehicles is being done by two companies with one doing most of the work and suggested that staff work to establish a more equitable arrangement. Councilman Starkey commented on the City Clean up and Graffiti Removal Programs and the improvements they have made. He announced the Rodeo and its events and complimented the Chamber of Commerce for painting the facilities and improving the appearance of the Rodeo Grounds. Mayor Winkler also commented on the potholes on Robb Road and Lakeshore Drive and encouraged staff to work with the developers to speed the improvement project along. .....J ADJOURNMENT MOVED BY STARKEY, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 8:05 P.M. JIM WINKLER, MAYOR CITY OF LAKE ELSINORE ASA~K ELSINORE ."';-- ..... ..... "