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HomeMy WebLinkAbout07-11-1989 City Council Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 11, 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 Buck. ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NONE ABSENT: COUNCILMEMBERS: Also present were: City Manager Molendyk, Assistance City Manager Rogers, 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. ---- r PUBLIC COMMENTS Arta Valenzuela, 412 E. Hill Street, supported Item No. 55 on this agenda relating to the Downtown Area. She advised that the Downtown Business Association is 100% supportive of the projects as proposed. She detailed the previous consideration of this area and her expressed her happiness that the project was finally being approved and funded. PRESENTATIONS/CEREMONIALS None. CONSENT CALENDAR City Manager Molendyk requested that Council consider addition of Consent Calendar item #11 relating to a Grading Permit for Phase I of the Lake Barrier Plan. MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY A VOTE OF 4 TO o WITH WINKLER ABSTAINING TO ADD THE PROPOSED ITEM TO THE CONSENT CALENDAR. Councilman Washburn advised that he would be abstaining from vote on item #8. - MOVED BY WASHBURN, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. June 27, 1989 - Regular City Council Meeting. 2. Ratified Warrant List for June, 1989. PAGE TWO - CITY COUNCIL MINUTES - JULY 11, 1989 ~ 3. Received and ordered filed Zoning Enforcement Activity Report for June, 1989. 4. Awarded Contract for Lakeshore Drive Left-Turn Lane at Lakepoint Park to R.J. Noble in the amount of $13,157.50; and authorized expenditure of $13,200.00 from the State Gas Tax Funds for use in the subject project. 5. Approved Cooperative Agreement for Tentative Tract 20139, Revised with Morrison Homes/Riverside County Flood Control District. 6. Adopted Resolution No. 89-21 - Approving Change of Street Name from Grape Street to Summerhill Drive. RESOLUTION NO. 89-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CHANGING THE NAME OF GRAPE STREET. 7. Adopted Resolution No. 89-22 - Approving Addition to Council Policy Manual relating to Off-site Improvement Security Bonds. RESOLUTION NO. 89-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING COUNCIL POLICY NUMBER 400-9, REGARDING OFF-SITE IMPROVEMENT SECURITY BONDS. ..... 8. By a vote of 4 to 0 with Washburn abstaining Approved Final Parcel Map 21976, subject to the City Engineer's acceptance as being true and accurate; authorized the City Clerk to sign and record the map and accepted dedication of Under- ground Water Rights for recordation with final map. 9. Accepted Access Road Easement relating to Tentative Tract 17413, Revision Number Four from Tuscany Hills. 10. Approved public hearing date of July 25, 1989 for the following: a. Tentative Tract Map 22904 ~ San Jacinto Hiqhlands. A request to subdivide an 82 acre parcel at the northerly terminus of Scenic Ridge Drive. The subdivision would create eighty-two (82) residential lots on thirty one and one-half (31.5) acres and three (3) open space parcels on the remaining fifty and one-half (50.5) acres. The project is located at the northerly terminus of Scenic Ridge Drive one half mile north of Railroad Canyon Road and one-half east of Interstate Highway 15. b. General Plan Amendment 89-7 ~ Zone Chanqe 89-8 ~ Certification of Environmental Impact Report ~ Alberhill. A request to amend the General Plan Land Use- Map to include the 1,853 acres of the 2,667 acre Alberhill Ranch area which is proposed to be annexed to the City of Lake Elsinore. The Council will also consider Zone Change 89-8 which will pre-zone the same area. The project area is located in the ViCinity of Interstate 15, Lake Street, Robb Road and Nichols Road adjacent to the City Limits. 11. By a Vote of 4 to 0 with Winkler abstaining Approved Permit for Grading Phase I of the lake Barrier Plan to SAWPA and EVMWD, subject to the following conditions and understandings: PAGE THREE - CITY COUNCIL MINUTES - JULY 11, 1989 1. SAWPA (Santa Ana Watershed Authority) and EVMWD (Elsinore Valley Municipal Water District) will indemnify and hold the City of Lake Elsinore Harmless from any and all litigation resulting from the issuance of the permit. 2. Additional Phase permits will not be issued under any circumstances without prior conceptual approval from FEMA. PUBLIC HEARINGS 31. Citywide Landscaping and Lighting District Annual Public Hearing. Resolution No. 89-23. Public Services Director Kirchner explained the preparation for this District and detailed the procedure for tonight's hearing. City Attorney Harper clarified that this is basically the same procedure as any public hearing. The City Clerk reported no written comments or protests. Mayor Winkler opened the public hearing at 7:08 asking those in support of the Citywide Landscaping and Lighting District to speak. No one spoke. Mayor Winkler asked those in opposition to speak. Hearing no one the public hearing was closed at 7:08 p.m. - MOVED BY WASHBURN, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 89-23. RESOLUTION NO. 89-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CONFIRMING A DIAGRAM AND ASSESSMENT AND PROVIDING FOR ANNUAL ASSESSMENT LEVY. BUSINESS/DISCUSSION ITEMS 51. Commerci a 1 Project 89-3 .:. Ray Graqe ~ Associ ates.. Proposal to construct a 6,375 square foot split-level commercial office building on an 18,000 square foot lot, located on the southwest corner of Flint and Mohr Streets. Ray Grage, applicant, advised that he has read the staff recommendations and agrees with the requirements. City Planner Thornhill detailed the proposal and clarified the concerns of the Planning Commission with regard to exterior lighting, sewerage and exterior architectural treatments. Councilman Washburn advised that he would be abstaining from vote on this item. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY A VOTE OF 4 TO 0 WITH WASHBURN ABSTAINING TO ADOPT NEGATIVE DECLARATION NO. 89-23, ADOPT FINDINGS LISTED BELOW: Findinqs 1. Subject to the Conditions of Approval, Commercial PAGE FOUR - CITY COUNCIL MINUTES - JULY 11, 1989 Project 89-3 is not anticipated to result in any significant impacts. 2. The project, as approved, with the adopted Conditions of Approval, provides conformance with the Goals and Objectives of the General Plan and General Commercial Zone. - 3. The project complies with design directives of Chapter 17.82.060 and all other applicable provisions of the lake Elsinore Municipal Code. 4. Conditions and safeguards pursuant to 17.82.070 have been incorporated into the approval of Commercial Project 89-3, insuring development to occur in accordance with the Objectives of Chapter 17.82.060 and the site's C-O Commercial Office Zoning. AND APPROVED COMMERCIAL PROJECT 89-3 SUBJECT TO THE FOllOWING CONDITIONS OF APPROVAL: Planninq Division Conditions 1. Design Review Approval for Commercial Project 89-3 will lapse and be void unless building permits are issued within one (1) year from the date of City Council approval. 2. All Conditions of approval shall be fully implemented within the project design in all phases' and/or adhered to strictly. 3. Full compliance of all conditions of approval shall occur, to the satisfaction of the City, prior to the issuance of the certificate of occupancy and release of utilities. 4. Applicant shall meet all applicable city codes and ordinances. 5. All required off-site improvements shall be completed in accordance with improvement plans approved by the city engineer prior to release of utilities and issuance of certificate of occupancy. 6. All site improvements shall be constructed as indicated on the approved plot plan and elevations or as modified by these conditions of approval or the Planning Commission through subsequent action. 7. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Director or his designee. 8. 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. 9. A revised plot plan shall be submitted as part of the building plans which reflects all conditions of approval. This revised plot plan shall become the approved plot plan only upon the review and approval by the Community Development Director or his designee. PAGE FIVE - CITY COUNCIL MINUTES - JULY 11, 1989 .... 10. Revisions to approved site plans or building elevations shall be subject to Design Review. All plans submitted for Building Division Plan Check shall demonstrate compatibility with the submitted plans as modified by Conditions of Approval herein. 11. Construction generated dust and erosion shall be mitigated in accordance with the provisions of municipal code, chapter 15.72 and using accepted techniques. Interim erosion control measures shall be provided 30 days after the site's rough grading is completed. 12. All undeveloped and/or construction areas associated with the site shall be maintained in a safe and neat manner at all times. 13. Construction activity shall be limited to the hours of 7 a.m. to 5 p.m. Monday through Friday, and the Applicant shall comply with the City Noise Control Ordinance in order to protect adjacent occupants from unreasonable noise and glare associated with construction. 14. Applicant shall comply with City Noise and Grading standard during construction phases of development. 15. No outdoor storage shall be allowed for any tenant unless it is screened by an opaque wall or fence from public view, to the satisfaction of the Community Development Director or his designee. 16. Trash enclosures shall be constructed per city standards as approved by the Community Development Director. 17. All loading doors and trash compactors shall be screened from adjacent properties or streets. This screening shall include a combination of decorative block walls and landscaping subject to review and approval of the Community Development Director or his designee. 18. No exterior roof ladders shall be permitted. 19. All outdoor ground or wall mounted utility equipment shall be consolidated in a central location and architecturally screened along with substantial landscaping, subject to the approval of the Community Development Director or his designee. 20. All exterior downspouts shall be painted to match the building. 21. Any proposed metal mailboxes shall be treated to blend with the project's design theme. A detail shall be included in the building plans, subject to the approval of the postal service and the Community Development Director or his designee. 22. Brick pavers or texture pavement treatments shall be laid in bank designs and shall be located at the driveway approaches and crosswalks. The minimum dimension shall be ten feet (10'). 23. Bicycle racks shall be provided adjacent to major PAGE SIX - CITY COUNCIL MINUTES - JULY 11, 1989 ..... commercial uses. Placement, design and quantity shall be indicated on the final Landscaping plan, and subject to the approval of the Community Development Director or his designee. 24. A final landscaping/irrigation plan is to be reviewed and approved by the Community Development Director or his designee. 25. All planting areas shall have permanent and automatic sprinkler system with 100% watering coverage. 26. Applicant shall plant street trees, selected from the City Street Tree List, a maximum of 30-feet apart and at least 15-gallon in size, as approved by the Community Development Director. 27. All planting areas shall be separated from paved areas with a six-inch (6") high and six-inch (6") wide concrete curb. 28. Planting within ten feet (10') of ingress/egress points shall be no higher than thirty-six inches (36"). 29. Landscape planters shall be placed between opposing rows of parking stalls for at least 50% of the distance between end planters. These interior planter islands shall be five feet (5') wide and at least ten feet (10') long and planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen years. Irrigation and ground cover shall also be provided. 30. Any transformers and mechanical or electrical equipment shall be indicated on landscaping plan and screened as part of the landscaping plan. 31. All exterior lighting shall be placed upon timers such that these lights turn off and remain off one (1) hour after closing to the following evening. This shall include building and parking lot lighting systems. DELETED. 32. All exterior on-site lighting shall be architecturally enhanced low wattage, shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. 33. Any security lighting located on-site shall be ornamental and shall be shown on building plans, subject to the approval of the Community Development Director or his designee. ..... 34. The applicant shall develop a Master Signage Program for the center which specifies harmonious and consistent colors, materials and specifications which will enhance the project's design and meet the provisions of Lake Elsinore Municipal Code chapter 17.94. The Master Signage Program shall be reviewed and approved by the Planning Commission. All signage including free-standing signs shall be by city permit and in conformance with the approved Master Signage program. The Master Signage Program shall be PAGE SEVEN - CITY COUNCIL MINUTES - JULY 11, 1989 approved prior to issuance of Certificate of Occupancy or release of utilities. Individual sign permits are required prior to the erection of each sign. 35. The project shall connect to sewer if a sewer line is within 200 feet of the project boundary unless it is demonstrated to the satisfaction of the Chief Building Official that this is infeasible. If the project does not connect to sewer, applicant shall comply with the following: ---- a) Prior to issuance of bUilding permits, the applicant shall submit a soils report which includes a sewage disposal plan referenced to the grading plan and approved by the Riverside County Health Department. b) Prior to release for occupancy, the developer shall record a notice entitled "Septic System Disclosure and Restrictions" specifying that the property is served by a septic system and that no structure or paving may be placed over the sewage disposal area or the expansion area. A copy of the approved septic system plot plan shall also be recorded along with this notice. A copy of this recorded notice shall be provided to the City for verification. c) An acknowledgment of receipt of this notice by the expected occupant of the property shall also be submitted to the City. 36. The final grading plan shall comply with the City grading standards and be subject to the approval of the Chief Building Official. 37. At the time of grading operations, the construction and landscaping Superintendent(s) shall meet with City staff to review conditions and discuss inspection and final building procedures. 38. The design and construction of the project shall meet all county Fire Department standards for fire protection and shall include any additional requirements requested by the Fire Marshal. A fire detector check assembly shall be required for any interior fire lines and hydrants. Only Class "A" fire retardant roofing materials are to be used. Meet all requirements of the Riverside County Health Department. Meet all requirements of the Riverside County Fire Department. Meet all state handicap requirements. Parking stalls shall be doubled-striped with four-inch (4") lines two-feet (2') apart. Painted arrows on the asphalt shall be located at all internal one-way drive aisles. PAGE EIGHT - CITY COUNCIL MINUTES - JULY 11, 1989 ..... 45. All landscape improvements to be bonded 120%, Faithful Performance Bond, and released at completion of installation of landscape requirements approval/acceptance, and bond 100% for materials and labor for one (1) year. 46. Applicant to submit revised elevations which depict enhanced architectural treatments such as increased use of contrasting textures on exterior walls and/or trim. Such elevations shall be subject to the review and approval of the Community Development Director or his designee. Enqineering Deoartment Conditions 47. 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. 48. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52.030). Document can be obtained from the Engineering Department. 49. Dedicate a standard corner cut-off at the northeasterly corner prior to building permit issuance. 50. Process and meet all parcel merger requirements prior to building permit (Lake Elsinore Municipal Code 16.20). ~ 51. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16.34; Resolution No. 85-26). 52. 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 applying for building permit. 53. Work done under encroachment permit for off-site improvements (driveway approach), shall be delineated on street improvement plans and be approved and signed by the City Engineer prior to issuance of permit. 54. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of public work off-site improvements (Municipal Code, Title 12, Chapter 12.08 and Resolution No. 83-78). 55. Provide fire protection facilities as required in writing by Riverside County Fire protection. 56. Provide street lighting and indicate on street improvement plans as required by the City Engineer. 57. On-site drainage shall be conveyed to a public facility or conveyed to a drainage easement. 58. All natural drainage traversing site shall be conveyed through site or provided"for by method approved by the City Engineer. PAGE NINE - CITY COUNCIL MINUTES - JULY 11, 1989 52. Industrial Project 89-6 ~ Dura Construction. Proposal to construct two (2) 21,316 square foot industrial buildings on a 2.7 acre parcel, located 345 feet north of Third Street and 244 feet west of Collier. ..... The applicant for this project was not present. City Planner Thornhill detailed this request and showed elevations of the proposed development. Councilman Washburn questioned the impact of the required street improvements on the Third Street Drain. Staff advised that the drain had been considered in the planning process. Councilman Washburn also questioned the landscaping as illustrated in the elevations and whether it was meant to reflect more mature foliage. City Planner Thornhill advised that the final development would be expected to have trees of similar size and maturity to those portrayed. MOVED BY DOMINGUEZ, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO ADOPT NEGATIVE DECLARATION 89-24, ADOPT FINDINGS lISTED BELOW: FindinQs 1. This project is consistent with the Goals, Policies and Objectives of the General Plan. 2. This project will not result in significant environmental impacts if the attached conditions are met. ~ 3. If the attached conditions are met, the project will meet industrial design and development requirements specified in the lake Elsinore Municipal Code, Sections 16.56, 17.38, 17.66 and 17.82. AND APPROVE INDUSTRIAL PROJECT 89-6 SUBJECT TO THE FOllOWING CONDITIONS OF APPROVAL: Conditions ..... 1. Development of Industrial Project 89-6 shall be subject to all Conditions of Approval for Phase I of Tentative Parcel Map 22385. 2. Design Review Approval for Industrial Project 89-6 will lapse and be void unless building permits are issued within one (1) year from the date. of City Council approval. 3. All Conditions of approval shall be fully implemented within the project design in all phases and/or strictly adhered to. 4. Full compliance of all conditions of approval shall occur to the satisfaction of the city, prior to the issuance of the certificate of occupancy and release of utilities. 5. Applicant shall meet all applicable City Codes and Ordinances. 6. All required off-site improvements shall be completed in accordance with improvement plans approved by the PAGE TEN - CITY COUNCIL MINUTES - JULY 11, 1989 ~ City Engineer and the Riverside County Flood Control District prior to release of utilities and issuance of Certificate of Occupancy. 7. All site improvements shall be constructed as indicated on the approved plot plan and elevations date stamped May 8, 1989, or as modified by these conditions of approval or the Planning Commission through subsequent action. Rear elevation shall have grey painted accent trims consistent with the other elevations, subject to the approval of the Community Development Director or his designee. 8. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Director. 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. A revised plot plan shall be submitted as part of the building plans which reflects all conditions of approval. This revised plot plan shall become the approved plot plan only upon the review and approval by the Community Development Director or his designee. 11. Revisions to approved site plans or building elevations shall be subject to Design Review. All plans submitted for Building Division Plan Check shall demonstrate compatibility with the submitted plans as modified by Conditions of Approval herein. 12. Applicant shall comply with City Noise and Grading Ordinances during construction phases of" development. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted techniques. Interim erosion control measures shall be provided 30 days after the site's rough grading is completed. 13. All undeveloped and/or construction areas associated with the site shall be maintained in a safe and neat manner at all times. 14. Construction activity shall be limited to the hours of 7 a.m. to 5 p.m. Monday through Saturday, to protect adjacent occupants from unreasonable noise and glare associated with construction. ~ 15. No outdoor storage shall be allowed for any tenant unless it is screened by an opaque wall or fence from public view, to the satisfaction of the Community Development Director or his designee. 16. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or his designee. 17. All roof mounted equipment shall be screened in a manner compatible with the architectural design of the building and shall be painted to match the roof. Freeway visibility of roof top equipment will be PAGE ELEVEN - CITY COUNCIL MINUTES - JULY 11, 1989 .... addressed to the satisfaction of the Community Development Director or his designee. Evidence of compliance shall be included in the building plans. 18. All loading doors and trash compactors shall be screened from adjacent properties or streets subject to the approval of the Community Development Director or his designee. All loading zones shall be clearly marked with yellow striping and shall meet City standards for loading zones. ---- 19. No exterior roof ladders shall be permitted. 20. All outdoor ground or wall mounted utility equipment shall be consolidated in a central location and architecturally screened along with substantial landscaping, subject to the approval of the Community Development Director or his designee. 21. All exterior downspouts shall be painted to match the building. 22. Any proposed metal mailboxes shall be treated to blend with the center's design theme. A detail shall be included in the building plans, subject to the approval of the postal service and the Community Development Director or his designee. 23. A final landscaping/irrigation plan is to be reviewed and approved by the City's Landscape Consultant prior to issuance of building permits at a fee cost of $100.00. In addition, the final landscape plans must reflect the following: a) Removal of Cupania Anacardioides (Carrotwood Tree) from tree list due to lack of hardiness. b) Provide additional shrubs along Crane Street planter per City Landscaping standards. c) Trees will need to be setback 15 feet from project driveways along Crane Street. 24. All planting areas shall have permanent and automatic sprinkler system with 100% watering coverage. 25. Applicant shall plant street trees, selected from the City Street Tree List, a maximum of 30-feet apart and at least IS-gallon in size, as approved by the Community Development Director or his designee. 26. All planting areas shall be separated from paved areas with a six-inch (6") high and six-inch (6") wide concrete curb. .... 27. Planting within ten feet (10') of ingress/egress points shall be no higher than thirty-six inches (36"). 28. Interior planters shall be five feet (5') wide and have one (1) tree per 10 parking spaces; parking lot shade tree to provide for 50% parking lot shading in fifteen years. Irrigation and ground cover shall also be provided. 29. Any transformers and mechanical or electrical equipment shall be indicated on landscaping plan and screened as part of the landscaping plan. PAGE TWELVE - CITY COUNCIL MINUTES - JULY 11, 1989 - 30. All landscaping and irrigation shall be in accordance with the approved plans and installed within the affected portion of any phase at the time a Certificate of Occupancy is requested for any buil di ng. 31. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. The light fixture proposed is to match the architecture of the building. 32. The applicant shall develop a Master Signage Program for the center which specifies harmonious and consistent colors, materials and specifications which will enhance the center's design and meet the provisions of Lake Elsinore Municipal Code, Chapter 17.94. The Master Signage Program shall be reviewed and approved by the Planning Commission. All signage including free-standing signs shall be by City permit and in conformance with the approved Master Signage Program. The Master Signage Program shall be approved prior to issuance of Certificate of Occupancy or release of utilities. Individual sign permits are required prior to the erection of each sign. 33. The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD). Applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. - 34. The final grading plan shall be submitted and shall be subject to the approval of the Chief Building Official and the Riverside County Flood Control District. Project review fees must be paid to the County Flood Control District. 35. The design and construction of the project shall meet all County Fire Department standards for fire protection and shall include any additional requirements requested by the Fire Marshal. A fire detector check assembly shall be required for any interior fire lines and hydrants. 36. Only Class "A" fire retardant roofing materials are to be used. - 37. Meet all requirements of the Riverside county Health Department. 38. Meet all state handicap requirements. 39. Parking stalls shall be doubled-striped with four-inch (4") lines two-feet (2') apart. 40. Painted arrows on the asphalt shall be located at all internal one-way drive aisles. 41. Construct the temporary Third Street Flood Control Channel to Riverside County Flood Control specifications prior to issuance of bUilding permits. Maintenance of the temporary channel is to be by the property owner/applicant. PAGE THIRTEEN - CITY COUNCIL MINUTES - JULY 11, 1989 42. Prior to grading permits a flood study shall be done in accordance with the requirements of the National Flood Insurance Program and related regulations (44 CFR, Part 59 through 73) and County Ordinance No. 458 to insure the adequacy of the Temporary channel design. ---- 43. Obtain slope easements off-site from adjacent property owners where necessary for grading. 44. Provide a 30 foot sewer easement in favor of Elsinore Valley Municipal Water District through the site. 45. All development must meet Lake Elsinore Municipal Code, Chapter 15.64 "Flood Damage Prevention Ordinance" as determined by the City building official. 46. CC & R's for the site are to be recorded to show reciprocal parking, circulation, landscape maintenance and drainage easements subject to the approval of the City Attorney and the Community Development Director or his designee prior to Certificate of Occupancy. 47. Drainage easements for adjoining properties should be obtained if flows are diverted or concentrated onto those properties prior to issuance of grading permits. 48. Finished floor for Parcel 3 shall be elevated a minimum of 18 inches above the surrounding ground ~ surface unless otherwise specified by the City Building Official and the Riverside County Flood Control District. 49. All landscape improvements to be bonded 120% Faithful Performance Bond, and released at completions of installation of landscape requirements approval/ acceptance, and bond 100% for materials- and labor for one (1) year. Enqineerinq Department Conditions 50. See Planning Division Condition #1. ~ 51. Phase 1 of Parcel Map 22385 shall be recorded prior to the issuance of any permits or site work. 52. Grading for site shall provide for storm water runoff discharge from pipe under Collier. Per Acceptance of Drainage letter dated February 28, 1989. 53. Construct all off-site improvements and improvements shall be delineated on street improvement plans and must be approved and signed by City Engineer prior to recordation (Lake Elsinore Municipal Code 16.34). 54. 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 (Lake Elsinore Municipal Code 12.04 and 16.34). 55. For construction of public works off-site improvements pay all fees and meet all requirements of encroachment permit issued by the Engineering Department (Lake Elsinore Municipal Code 12.08). PAGE FOURTEEN - CITY COUNCIL MINUTES - JULY 11, 1989 ..... 56. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52.030). 57. Submit a letter of verification to the city Engineering Department, from the applicable water district, stating water and sewer arrangements have been made for this project prior to applying for building permit. 58. Pay Riverside County Flood Control District fees for flood hazard review (Resolution No.'s 83-75 and 85-57). 59. Pay all Capital Improvement and plan check fees (Lake Elsinore Municipal Code 16.34). 60. All public work requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code. 61. Purvey sufficient right-of-way on Collier Avenue to provide a 86-foot (86') right-of-way. 62. Provide a flood control easement for Riverside county Flood Control District for the ultimate Third Street Channel and a construction easement for. construction. 63. Obtain drainage acceptance letters from adjacent property owners on the southwest boundary to accept on-site drainage. 64. Developer shall provide ingress and egress easements for parcel 4 to access Crane Street. Width to be approved by the City Engineer. 65. The developer shall cause to be recorded an irrevocable reciprocal parking, circulation, landscape maintenance and drainage easement in favor of all lots of Tentative Parcel Map 22385 subject to the approval of the Director of Community Development. In addition, CC & R's shall be approved by the City Attorney and Director of Community Development which enforce standards of building maintenance, participation in landscape maintenance, prohibition of outside vehicle or material storage. 66. Meet all requirements of Chapter 15.64 of the Municipal Code regarding flood hazard regulations. 67. Development shall contribute $3,080 for the designs and construction of a traffic signal at Collier and Central. 68. Developer shall contribute $280 for the City Entrance Sign Program. 69. Parking shall be prohibited along Collier Avenue abutting this site. 70. An environmental constraints map shall be filed with the City Engineer showing floodplain areas. 71. Developer shall enter into a subdivision agreement with the City for construction of public work off-site improvements and submit bonds established by the City Engineer per phased map. PAGE FIFTEEN - CITY COUNCIL MINUTES - JULY 11, 1989 72. Provide street lighting as required by City Engineer. Lighting shall be shown upon street improvement plans. 73. All compaction reports, grade certification, monument certification (with tie notes delineated on 8-1/2" x II" mylar) shall be submitted to Engineering Department before final inspection of off-site improvements will be scheduled and approved. 74. Provide fire protection facilities as required in writing by Riverside County fire protection. 75. Prior to issuance of building permits, developer shall enter into ~n agreement with the City to mitigate drainage impacts by payment of a drainage mitigation fee. Whereas the City is in the process of developing a Master Plan of Drainage for this area, and the final plan has not yet been adopted for this area, and the final plan has not yet been adopted but the previously completed Master Plan for Drainage for the West End indicates a fee of $4,000 per acre, the developer shall deposit such fee which may be partially refunded if the drainage fee for this area plan is lower. ~ 76. Prior to recordation of any phase, all perimeter dedications and flood control easements shall be dedicated or provided. 77. The developer shall also comply with recommendations #1 through #8 contained in the letter from the Riverside County Flood Control District dated February 8, 1989, attached hereto as Exhibit 1, as they pertain to Phase 1. 53. Request for Refund of Fees for Variance Applications ~ 8 ~ 8 Investments. George Alongi, applicant, detailed the three variances he currently has in for processing relating to common open space requirements, width of landscaped areas and backing up of vehicles from driveways. He expressed concern with being charged application fees for each of these items which he views as minor variances. Mr. Alongi made recommendations that Council consider giving more latitude to specific staff positions to handle this type of request. He requested that 2 of the 3 application fees be waived and refunded. City Planner Thornhill further detailed Mr. Alongi's request and advised that staff's recommendation would be to waive the fee for the application relating to common open space in that this requirement was deleted by the recent revisions to title 17. Councilman Buck advised that he does not agree with the variance relating to backing up of vehicles from. driveways in the multi-family residential lones. He further advised that he feels the variance relating to width of landscaped areas is appropriate due to the in-fill type development. He suggested that 2 of the 3 application fees should be refunded. MOVED BY STARKEY, SECONDED BY WASHBURN AND CARRIED A VOTE OF 4 TO 1 WITH BUCK CASTING THE DISSENTING VOTE TO APPROVE STAFF RECOMMENDATION AND REFUND THE $650 APPLICATION FEE FOR VARIANCE 89-3 RELATING TO COMMON OPEN SPACE. PAGE SIXTEEN - CITY COUNCIL MINUTES - JULY 11, 1989 Councilman Starkey requested that staff review the possibility of granting staff flexibility in dealing with infill areas to eliminate some of the need for formal variances. ~ Mayor Winkler concurred with Councilman Starkey's request, but stressed the need to insure quality development. 54. Appeal of Planning Commission Conditions of Approval Numbers ~ ~ 27 and 33 for Residential Project 88-6 Revised ~ 8 ~ 8 Investments. George Alongi, Applicant, detailed the conditions being considered under appeal, and his concerns pertaining to each, as follow: 21. Landscaping material and labor to be bonded, or other instrument acceptable by the city for one (1) year. Final landscape plan shall include additional evergreen shrubs planted along masonry wall fronting open parking spaces, and shall be approved by the Community Development Director or his designee. Street trees shall not be located within fifteen feet (15') of driveways or interior sections. Mr. Alongi felt that with the cost factors involved in the original landscaping, the builder would maintain the work whether there was a bond or not. He felt that it was an insult to require this of a property owner or builder. 26. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52.030). ~ Mr. Alongi expressed concern with deeding the water rights to the City, when the Water District is the supplier of water to the area. He does not feel that the City has the right to require this of the developers. He inquired at what point the City is transferring the rights to the Water District. City Attorney Harper clarified that while the Water District is the provider of water service to the area, the water system has not yet cleared escrow, so theoretically the water district would not be entitled to the rights either. 27. Sign agreement for City Landscaping and Street Lighting District (Resolution Nos. 86-26, 86-27 and 86-36). Mr. Alongi expressed concern with being required to sign this document. City Attorney Harper advised that with the Citywide Lighting and Landscaping District in place, developers would no longer be required to sign this document. 33. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. ~ Mr. Alongi expressed concern with the excessive costs involved in relocation of utilities, particularly with regard to the Edison Company. He felt that the City should' work with the Edison Company to help bear the burden placed on the developer. City Attorney Harper advised that while there are some gray areas with regard to whose responsibility relocation of utilities is, in most cases litigation would be required to test the placement of responsibility on the developers. Staff advised that the conditions in question, are basically standard conditions required of all development. General discussion ensued with regard to possibilities for working PAGE SEVENTEEN - CITY COUNCIL MINUTES - JULY 11, 1989 with the Edison Company for alleviation of the excessive cost factors. MOVED BY WASHBURN, SECONDED BY STARKEY AND CARRIED BY A VOTE OF 4 TO 0 WITH BUCK ABSTAINING TO UPHOLD THE RECOMMENDATIONS OF THE PLANNING COMMISSION WITH REGARD TO CONDITIONS 21, 26,27 AND 33. ESSENTIALLY DENYING THE APPEAL. ..... ..... 55. Report on Downtown Area. City Manager Molendyk summarized the areas addressed by this report and detailed the work which has been done thus far including meetings, preparation of design gUidelines and review of parking concerns. John Ballew, Special Projects Planner, detailed the proposals thus far with regard to the design guidelines thus far including street lights, signs and building facades. Councilmember Washburn inquired when the demonstration block improvements could be in place. John Ballew advised that this could be possible by the beginning of 1990, if all goes as proposed. Mayor Winkler thanked staff, Council and the Downtown Business Association for their efforts in laying the groundwork for this project. Councilmember Washburn advised for the record, that City Attorney Harper had determined that the financial impacts as determined by the Fair Political Practices Commission would not exceed the threshold that would require him to abstain from vote on this matter. City Attorney Harper confirmed that Councilmember Washburn could vote on this matter. MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY A VOTE OF 4 TO o WITH DOMINGUEZ ABSTAINING TO APPROVE STAFF RECOMMENDATIONS AS FOLLOW: a) $50,000 of RDA money has been budgeted in 1989-90 for architecture, planning and permit fees. Authorize staff to proceed. b) RDA to advance $550,000 to be paid back from existing business improvement district per agreement with District. City/RDA will participate in the amount of sixty (60) percent and forty (40) percent from Improvement Business District. Staff will look at available resources regarding City/RDA participation. This money included in 1989/90 budget. Parking: a) Staff has received appraisals on Assessor Parcel 374-174-015, Block 19, Lot: 3:4 and requests Council's direction to get appraisals on Assessor Parcel 374-262-003, 004 and 011, Lot 14:15. ..... b) Downtown Special District Committee recommends staff be authorized to get necessary appraisal and acquisitions procedures necessary and that the RDA/City authorize a projected budget of $300,000, and continue to implement the project. Money included in 1989/90 budget. c) Parking Requirements for Existing Structures: As PAGE EIGHTEEN - CITY COUNCIL MINUTES - JULY 11, 1989 long as business is located within 500 feet of a Public Parking Lot, no additional parking will be required. 56. Initiation of Zone Code Amendment to allow Health Clubs if less than 20,000 square fee'to be located in certain Light Industrial Zone Districts. ..... City Manager Molendyk explained this item and advised that Councilman Dominguez had requested that it be added on an emergency basis to this agenda. MOVED BY DOMINGUEZ, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO ADD THIS ITEM TO THE AGENDA. Mayor Winkler advised that he felt this item should have been reviewed by the Planning Commission first. City Manager Molendyk clarified that the request is only to initiate a Zone Code Amendment process. City Attorney Harper further clarified that from here this item will go through the full process. MOVED BY DOMINGUEZ, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO INITIATE THE PROPOSED ZONE CODE AMENDMENT. CITY MANAGER COMMENTS City Manager Molendyk advised that the Chamber of Commerce Executive Board has requested a Study Session with the City Council. Council concurred to have potential dates brought back to them. ~ City Manager Molendyk commented on the fire on June 26 and thanked the various fire agencies and City staff for their efforts in fighting the fire and assisting evacuees. He further commented on the success of the July 4th celebration and advised that it is estimated that there were some 20,000 persons in attendance. CITY COUNCIL COMMENTS Councilman Starkey also commented on the fire and thanked all parties for their assistance. Councilman Washburn expressed his condolences to Tom Thomas of King Videocable Company, who lost his home in the fire. He also advised that he had attended the pre-construction meeting for the Lake Barrier this date and construction will be beginning soon with completion hopefully by the end of the year. Mayor Winkler further commented on the fire and expressed his thanks to everyone who worked on it. CLOSED SESSION ..... City Attorney Harper advised that he would need a Closed Session regarding pending Criminal Prosecutions. He suggested that it be held after the Redevelopment Agency meeting. THE CITY COUNCIL MEETING WAS RECESSED AT 8:34 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 8:59 P.M. THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 9:00 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 9:11 P.M. NO ACTION TAKEN. PAGE NINETEEN - CITY COUNCIL MINUTES - JULY 11, 1989 ADJOURNMENT MOVED BY STARKEY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL ME AT :12 P.M. - h ~'U :CVICKI L ~t. SAD, CITY CLERK Cr~\~:ffi= Y~I~~~lSINORE - ~ JIM WINKLER, MA OR CITY OF LAKE ELSINORE