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HomeMy WebLinkAbout08-08-1989 City Council Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 8, 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 Starkey. ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City. Attorney Harper, Administrative Services Director Wood, Public Services Director Kirchner, Parks Manager Payne (representing Community Services Director), Planning Manager Thornhill, Building/Safety Manager Shear and City Clerk Kasad. PUBLIC COMMENTS - Howard Herd expressed concern with trash in the city. He suggested the use of inmates from local facilities to provide Citywide clean-up. He also expressed concern with the ill repair of the walkways in the area of Albertsons. PRESENTATIONS/CEREMONIALS Presentation - Lake Elsinore Allstars - Little League Team. Team Manager Ken Hite detailed the teams wins and losses for the .__ year and complimented them on their sportsmanship throughout the season. Mayor Winkler presented Certificates of Achievement to the following members of the Lake Elsinore Allstars Team: - Ken Hite, Team Manager Bill Hernandez, Team Coach Alfonso Garcia, Second Baseman Ramon Hernandez, Short stop Jason Quattlebaum, Catcher David LipoId, Catcher Mike Roe, Pitcher Aaron Hornkohl, Pitcher Kyle Adamson, Pitcher Kurtis Demers, Outfielder Rafael Espaza, Pitcher Chad Staat, Outfielder Kevin Ferris, Outfielder Edgar Flores, Alternate The following members were unavailable for presentations: Jeff Burdick, First Baseman; Jesse Areliz, Third Baseman; Joe Waldon, Outfielder; Doug Chadwick,Alternate; Manny Barela, Alternate; Timmy Lavin, Alternate; Rene ROdriguez, Alternate PAGE TWO - CITY COUNCIL MINUTES - AUGUST 8, 1989 CONSENT CALENDAR The following items were pulled for further discus$ion and consideration: Item Nos. 10, 11, 13, 15. Mayor Winkler advised that he would be abstaining from vote on item number 14. ..... MOVED BY STARKEY, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. July 25, 1989 - Regular City Council Meeting. The following Minutes were received and ordered filed: b. July 19, 1989 - Planning Commission Meeting. 2. Received and ordered filed the Building Activity Report for July, 1989. 3. Received"and ordered filed the Structure Abatement Activity Report for July, 1989. 4. Received and ordered filed the Zoning Enforcement Activity Report for July, 1989. 5. Ratified the Warrant List for July, 1989. 6. Approved Proclamation for Literacy Month - September, 1989. 7. Rejected and referred to Claims Administrator the Claim submitted on behalf of Neil & Kathleen Nisbet (CL#89-12). ...J 8. Adopted Resolution No. 89-32 - Authorizing Formation of a Joint Powers Authority. RESOLUTION NO. 89-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AUTHORIZING THE FORMATION OF A JOINT POWERS AUTHORITY WITH THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE. 9. Adopted Resolution No. 8-33 - Requesting Tax Collector to Collect Assessments for Shoppers Square Assessment District. RESOLUTION NO. 89-33 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OR RIVERSIDE, CALIFORNIA TO PLACE ASSESSMENTS ON THE BILLS OF CERTAIN PROPERTIES. 12. Adopted Riverside County Solid Waste Management Plan with Resolution No. 89-34. RESOLUTION NO. 89-34 .J A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE RIVERSIDE COUNTY SOLID WASTE MANAGEMENT PLAN. 14. Approved Temporary Lake Easement Agreement with Mr. & Mrs. PAGE THREE - CITY COUNCIL MINUTES - AUGUST 8, 1989 Peter J. Lehr. Vote on this item was 4 ayes with Mayor Winkler abstaining. 16. Approved Community Development Block Grant Contracts for Fiscal Year 1989-90. ..... ITEMS PULLED FROM CONSENT CALENDAR 10. Authorization to Advertise for Bids - Machado Street Landscaping Project. ~ City Manager Molendyk advised that this project had originally been planned to include Madison and Garfield Streets, however due to budgetary constraints they will be deleted. MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO AUTHORIZE STAFF TO ADVERTISE FOR BIDS ON THE MACHADO STREET LANDSCAPING PROJECT WITHOUT THE INCLUSION OF MADISON AND GARFIELD STREETS. 11. Notice of Completion - 1989 Resurfacing Project. City Manager Molendyk requested that this item be continued for two weeks. Council concurred. ..... 13. Disposal of Surplus City Property - Advertisement for Bids. Councilman Washburn suggested that based on current market values the minimum bid for this property should be set at $225,000 or $250,000. City Attorney Harper advised that the minimum bid can legally be set at whatever the Council feels is appropriate. MOVED BY WASHBURN, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO SET THE MINIMUM BID AT $250,000 ALL CASH, WITH A 30 DAY ESCROW AND NO CONTINGENCIES. 15. City Treasurer - Policy relating to duties. City Manager Molendyk requested that this item be continued for two weeks. Council concurred. THE CITY COUNCIL MEETING WAS RECESSED AT 7:16 P.M. THE CITY COUNCIL MEETING RECONVENED AT 7:21 P.M. PUBLIC HEARINGS 31. Alberhill Ranch A request to Approve Specific Plan 89-2, Zone Change 89-8, General Plan Amendment 89-7, Annexation No. :48, Environmental Impact Report 89-2 for Development of 3,705 dwelling units on 2,667 acres of land generally located south of Interstate 15, north of Terra Cotta Road/Nichols Road, west of El Toro Road and east of Robb Road/Lake Street in a Presently Unincorporated Area adjacent to the City Boundary. Hardy strozier, Planning Consultant detailed the proposed projects relating to the Alberhill Ranch area. He further detailed correspondence which had been received and the mitigation provisions in this documentation. He gave specific details with regard to housing units, commercial development, population projections and anticipated revenues to the City. He recommended the revision of Conditions 17 and PAGE FOUR - CITY COUNCIL MINUTES - AUGUST 8, 1989 24 as shown on page 4 of the staff report. He also requested that Council consider added conditions 25 and 26 as follow: #25. As a condition, of the filing of any final tract map on the property covered by the specific plan, Murdoch and Long Beach Equities shall record in the official records of Riverside County, California on all the respective properties in the City of Lake Elsinore a covenant and condition whereby Murdoch and/or Long Beach Equities or their successors in interest acknowledges the mining operation carried on by Pacific Clay Properties Inc. in the general Lake Elsinore area and agrees not to object to such operations, or to bring and nuisance or similar actions with respect to such operations. (Requested by Long Beach Equities). #26. The developer shall participate in the City of Lake Elsinore Citywide Landscaping and Street Lighting District pursuant to Resolution No. 88-27. The city Clerk reported no written comments or protests. Mayor Winkler opened the pUblic hearing at 7:35 p.m. asking those in-favor of the Alberhill Ranch plan to speak. The following person spoke: Bob Friedman, President, Long Beach Equities, offered to respond to any questions from the Council. He advised that the proposed Condition 25 had been requested by his company as a protection to future residents. Mayor Winkler asked those in opposition to speak. The following people spoke: Don Piersall, representing Mr. Stockdale (one of the adjacent property owners), requested that Council assure those property owners that their area will complete the planning process within one year. Don Levenson, representing Mr. Kurtzman and Mr. Levinson (adjacent property owners), also requested that the City pursue finalizing the zoning for the area as soon as possible, and presented Council with a letter relating to this request. Mayor Winkler closed the public hearing at 7:42 p.m. Hardy Strozier detailed the areas of concern discussed by Mr. Piersall and Mr. Levenson. He explained that currently it had been designated as Specific Plan Area, however he could foresee it being a mixed use area. He concurred that this zoning should be dealt with within one year. ~ --- Mayor Winkler questioned the Turn-Key parks proposed on Page 11 of the staff and exactly how much would be provided. Hardy strozier advised that the current proposal is for one 30 acre turn-key park, 2 elementary schools, 1 middle school and a large amount of passive open space. He further advised that the parks are being addressed in the phasing plan. __ Mayor Winkler inquired about the provision of police and fire services in this area. Mr. Strozier advised that as proposed this area would produce a more than ample revenue source for provision of these services (approximately 14% of the development will be commercial) . PAGE FIVE - CITY COUNCIL MINUTES - AUGUST 8, 1989 - Councilman Washburn questioned the proposed-land uses for the area. Mr. Strozier advised that beside single-family development, there will be transitional areas including neighborhood commercial, medium density residential, very light industrial and office uses. Councilman Washburn advised that he had initial concerns with regard to traffic circulation, but Engineering has advised that as proposed, it will be sufficient. Councilman Washburn further advised for the benefit of the applicant that the projected densities were a bit unrealistic based on other factors such as setbacks, etc. Mayor Winkler requested that future consideration include specific information with regard to needs of the School District. MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO APPROVE SPECIFIC PLAN 89-2 SUBJECT TO THE FINDINGS AND CONDITIONS LISTED BELOW AS AMENDED INCLUDING A NEW CONDITION #27 WITH REGARD TO PLANNING IN THE ADJACENT AREA; Findings 1. Adoption of the Alberhill Ranch Specific Plan is anticipated to result in several significant adverse environmental impacts associated with the development of the site as allowed under the General Plan. These impacts are described in the Alberhill Ranch Environmental Impact Report for the Alberhill Ranch Specific Plan. Exhibit I is a summary of impacts from the Environmental Impact Report. For each significant impact, measures are imposed to eliminate or substantially lessen their effect. Some of these significant impacts are unavoidable and a statement of overriding consideration is required. Specific findings on each significant impact are listed in Exhibit II. Additionally, a program for monitoring mitigation measures contained in the Alberhill Ranch Environmental Impact Report is provided on Exhibit II. - 2. Adoption of the Alberhill Ranch Specific Plan will result in significant environmental impacts associated with loss of habitat, traffic circulation, degradation of air quality and a substantial contribution to the cumulative impacts of area-wide urban development which may be partially mitigated but are anticipated to remain significant upon development of the site as allowed under the General Plan. These impacts are therefore found to be acceptable due to benefits derived by development under the General Plan, specifically the provision of quality housing opportunities by the City, the anticipated increase in local government revenues generated by project residents and the provision of significant infrastructure improvement, all of which are expected to support local commercial and industrial development efforts and generate measurable benefits to the local economy and fiscal integrity of City government. 3. The Alberhill Ranch Specific Plan meets the Specific Plan criteria for contents and systematic implementation of the General Plan established by Section 65450 of the California Government Code and Section 17.99 of the City of Lake Elsinore Municipal Code. PAGE SIX - CITY COUNCIL MINUTES - AUGUST 8, 1989 4. The Alberhill Ranch Specific Plan is found to be in conformity with City's General Plan as detailed in Table 10 and 11 of the Alberhill Ranch Specific Plan (Exhibit III) . 5. The Alberhill Ranch Specific Plan establishes pre-zoning of the project area in anticipation of its annexation to the City of Lake Elsinore. 6. The Alberhill Ranch Specific Plan shall be effective at such time as annexation of the project 'area to the City of Lake Elsinore is approved by the City and the Local Agency Formation Commission and recorded. ...... 7. The Alberhill Ranch Specific Plan shall expire and be of no effect whatsoever seven years after the date of annexation recordation unless an implementing Final Tract Map has been recorded prior to the end of the seven year period. 8. The Alberhill Ranch Specific Plan will not be detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the. project area, nor will it be injurious to the property or improvements in that area or the City as a whole, based upon the provisions of the Plan, mitigation measures and Conditions of Approval. Conditions 1. The text of the March 29, 1989 version of the Alberhill Ranch Specific Plan shall be revised to incorporate corrections and revisions and any typographical errors subsequent to approval of the Specific Plan and prior to its effective date shall be corrected. ..,; 2. The Alberhill Ranch Environmental Impact Report shall be revised to "draft final" format in consultation with staff prior to City Council hearings with seven (7) copies delivered to the City to include. a) Comments and responses to comments received through the Planning commission hearing of July 19, 1989. b) A list of persons and agencies commenting to July 19, 1989. c) Any other revisions to the text to address comments or correct typographical errors. 3. Federal and State wet lands permits shall be obtained prior to grading in any wet land area. The program shall be implemented concurrent with construction to meet the approval of the Community Development Director. 4. All structures shall be designed to incorporate all state and local water conservation regulations, subject to the approval of the Chief Building Official. 5. All site planning shall incorporate measures to promote waste reduction and recycling to the extent feasible, sUbject to the approval of the Community Development Director. ..... 6. A Fire Protection Impact Mitigation Program shall be reviewed in consultation with Riverside County Fire PAGE SEVEN - CITY COUNCIL MINUTES - AUGUST 8, 1989 Department subject to approval by the Community Development Director prior to tentative map approvals. City and County Fire Department standards shall be satisfied prior to construction of any habitable structures. ~ Improvement plans, including sewer and water, shall be approved prior to the final map approval. 8. Developer shall negotiate with the School Districts to provide adequate school facilities to serve the project in a timely manner. 7. 9. Developer shall deliver complete turn-key park facilities to be approved by the City in consultation with the developer concurrent with the related tentative map. 10. Prior to construction, the City Engineer shall approve a grading plan and all supporting studies. 11. Prior to tentative map approval, the project proponent will submit for review and approval drainage plans to the City of Lake Elsinore Community Development Department and.the affected governmental agencies. 12. Issuance of City construction permits by the project proponent will be subject to any City Noise Ordinances and Policies. ..... 13. The project proponent will be required to submit additional acoustic studies to the City of Lake Elsinore prior to tentative map approval. 14. During all grading operations, adherence to the South Coast Quality Management District's Rule 403, dealing with fugitive dust and watering, shall be required. 15. Prior to issuance of a grading permit, an erosion control plan shall be approved by the City of Lake Elsinore. Clearance from the Department of Fish and Game and the U.S. Fish and Wildlife Service .may be required. 16. Prior to grading of biologically sensitive areas, a Resource Management Plan shall be prepared for review by the City of Lake Elsinore. 17. Developer shall prepare an amendment to the previously approved Reclamation Plan for the mined area for approval by the Community Development Director prior to issuance of grading permits. 18. With the submission of the first tentative map, the developer shall submit, for review and approval by the City Engineer and subsequent approval by the Planning Commission, a circulation plan for the entire project, including phasing of improvements and design standards. 19. The City of Lake Elsinore Community Services Director shall require the implementation of all trails and bike ways addressed within the Specific Plan as tentative maps are approved. 20. Project development will be subject to the payment of impact fees imposed by AB 2926 prior to issuance of building permits. PAGE EIGHT - CITY COUNCIL MINUTES - AUGUST 8, 1989 21. Developer will incorporate those guidelines described in the Specific Plan as individual tentative maps are . approved. 22. Developer will comply with all EIR mitigation measures as identified in EIR 89-2. 23. A rehabilitation and cleanup plan for all open space areas shall be prepared as part of the Phasing Plan for ...., the entire project and shall be submitted for review and approval by the Community Development Director. 24. A phasing plan for removal of all mining operation shall be submitted with the first tentative map for review and approval by the Community Development Director. Mining and stockpile operations may continue within the Alberhill Specific Plan area for a period not to exceed four years in accordance with mining regulations now existing in the County of Riverside. 25. As a condition, of the filing of any final tract map on the property covered by the specific plan, Murdoch and Long Beach Equities shall record in the official records of Riverside County, California on all the respective properties in the City of Lake Elsinore a covenant and condition whereby Murdoch and/or Long Beach Equities or their successors in interest acknowledges the mining operation carried on by Pacific Clay Properties Inc. in the general Lake Elsinore area and agrees not to object to such operations, or to bring and nuisance or similar actions with respect to such operations. (Requested by Long Beach Equities). 26. The developer shall participate in the City of Lake Elsinore Citywide Landscaping and Street Lighting District pursuant to Resolution No. 88-27. .... 27. Applicant shall work with individual land owners in the island area of Terra Cotta/City to insure that it is specific planned and brought back within one year for annexation. AND ADOPT RESOLUTION NOS. 89-35 AND 89-36: RESOLUTION NO. 89-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONSENTING TO THE COMMENCEMENT OF PROCEEDINGS TO ANNEX TO THE CITY OF LAKE ELSINORE CERTAIN TERRITORY DESCRIBED HEREIN AND DESIGNATED "ANNEXATION NO. 48 - ALBERHILL RANCH". RESOLUTION NO. 89-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AMENDMENTS TO THE LAND USE ELEMENT OF THE LAKE ELSINORE GENERAL PLAN FOR THE THIRD CYCLE OF THE CALENDAR YEAR OF 1989, AND CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT 89-9 WITH FINDINGS OF FACT AS ...., TO THE ENVIRONMENTAL IMPACTS AND STATEMENTS OF OVERRIDING CONSIDERATIONS. MOVED BY DOMINGUEZ, SECONDED BY STARKEY TO ADOPT ORDINANCE NO. 861: PAGE NINE - CITY COUNCIL MINUTES - AUGUST 8, 1989 ORDINANCE NO. 861 - AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING APPROXIMATELY 2,667 ACRES GENERALLY BOUNDED BY I-15 TO THE NORTH, TERRA COTTA ROAD/NICHOLS ROAD TO THE SOUTH, EL TORO ROAD TO THE EAST, AND ROBB ROAD/LAKE STREET TO THE WEST AS SHOWN IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF FROM SEVERAL LAND USE DESIGNATIONS TO THE SPECIFIC PLAN AREA ("SPA") ZONING DISTRICT (ZONE CHANGE 89-8, LONG BEACH EQUITIES, INC.) AND ADOPTING THE ALBERHILL RANCH SPECIFIC PLAN, INCLUDING FLOOR AREA RATIOS. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE MOVED BY STARKEY, SECONDED BY BUCK TO ADOPT ORDINANCE NO. 862: ORDINANCE NO. 862 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE ALBERHILL RANCH SPECIFIC PLAN, AND CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT 89-9 WITH FINDINGS OF FACT AS TO ENVIRONMENTAL IMPACTS AND STATEMENTS OF OVERRIDING CONSIDERATIONS. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE BUSINESS/DISCUSSION ITEMS 51. Residential proiect 89-9 = Michael Brown. Design Review of two (2) adjacent apartment complexes, Walnut Grove - 63 units, and Walnut Shores - 77 units. Project sites are on the north side of Joy Street, starting 200 feet west of Riverside Drive. Michael Brown, 30947 Steeplechase, San Juan Capistrano, advised that this is proposed as an upscale project with condominium standards included. He advised that this is the same item considered as a General Plan Amendment recently and offered to answer questions from Council. . Planning Manager Thornhill detailed the proposed project and some of the proposed amenities. MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO ADOPT NEGATIVE DECLARATION 89-27, ADOPT THE FINDINGS LISTED PAGE TEN - CITY COUNCIL MINUTES - AUGUST 8, 1989 BELOW: Findings 1. Subject to the attached conditions, the proposed project is not anticipated to result in any adverse environmental impacts. 2. This project, as approved, complies with the Goals and Objectives of the General Plan and the High Density Residential Zoning District. --- 3. This project, as conditioned, complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Lake Elsinore Municipal Code. 4. Conditions and safeguards pursuant to section 17.82.070, including guarantees and evidence of compliance with conditions have been incorporated into the approval of this project in accordance with the Objectives of Chapter 17.82.060 and the Planning District in which it is located. AND APPROVE RESIDENTIAL PROJECT NO. 89-9 SUBJECT TO THE FOLLOWING CONDITIONS: Planninq Division Conditions 1. Design Review Board approval will lapse and be void unless Building or Grading Permits are issued within one (1) year. The project shall be developed in substantial conformance with submitted development plans, subject to the approval of the Community Development Director or his designee. ___ 2. Applicant shall meet all Conditions of Approval prior to the issuance of Certificate of Occupancy and release of utilities. 3. All site improvements shall be constructed as indicated on the approved plot plan and elevation and/or as modified by these Conditions of Approval or the Planning Commission through subsequent action. 4. All required off-site improvements, including street lighting, shall be completed in accordance with improvement plans approved by the City Engineer prior to release of utilities and issuance of Certificate of Occupancy. 5. Applicant shall meet all applicable City Codes and Ordinances. 6. Meet all County Fire Department requirements including emergency vehicle turning radius, and fire resistance requirements for all building including sprinklers where required. A letter shall be submitted verifying compliance prior to issuance of Building Permits. 7. Metal mailboxes shall be treated to blend with the project's design theme. A detail shall be included in building plans, subject to the approval of the Community Development Director or his designee. 8. On-site surface drainage shall not cross sidewalks. --' PAGE ELEVEN - CITY COUNCIL MINUTES - AUGUST 8, 1989 9. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Director or his designee. 10. All signs shall be by City Permit. ,.-. 11. Construction generated dust and erosion shall be contained in accordance with the provisions of the Municipal Code using best construction practices. Interim erosion control measures shall be taken within 30 days after rough grading, as approved by the Chief Building Official. 12. All exterior lighting sources shall be shielded and directed on-site so as not to create glare onto neighboring property and streets, or allow illumination above the horizontal plane of the fixture. No wall pack type units shall be permitted. 13. The building address shall be a minimum of six-inches (6") high and shall be easily visible from the public right-of-way. 14. All ground support equipment shall be architecturally screened or shielded by landscaping, subject to the approval of the Community Development Director or his designee. 15. Applicant shall use Class "A" fire retardant roofing materials. If composition roofing is proposed, random tab-extra dimensional composition is required. - 16. Decorative paving shall be included at the drive entryway a minimum of ten-feet (10') back from property line and shall be shown on building plans. 17. All landscape improvements shall 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. 18. Applicant to submit final building plans which show well fitted, well weatherstripped, sound rated assemblies. All windows and door assemblies shall have a Sound Transmission Class (STC) necessary to reduce interior noise levels to 45db CNEL or below. 19. Forced air ventilation is required in all units. Wall mounted air conditioners shall not be used. 20. Carport construction shall be of wood construction including support structures. If metal uprights are proposed they shall be painted and textured to match residential units. Roofing materials of carports shall match the color of the tile roofs of the dwelling units. a) No roof mounted equipment with the exception of swamp coolers. Elsinore Valley Municipal Water District Conditions 21. Pay water and sewer connection fees prior to certificate of Occupancy. Fees to be determined by Elsinore Valley Municipal Water District. PAGE TWELVE - CITY COUNCIL MINUTES - AUGUST 8, 1989 22. Submit hydraulic analysis to Elsinore Valley Municipal Water District for water line and facilities sizing. Water lines to be designed for maximum day plus fire flow demand to meet Riverside County Fire Department requirements. 23. Applicant to submit revised plans which include: a) A reduced pressure principle backflow device after the service meter. -- b) A sewage grease interceptor and sample box for each building. Details and plot plan to be reviewed and approved by Elsinore Valley Municipal Water District. 24. Applicant to submit plans for routing an sizing of all water and sewer lines to Elsinore Valley Municipal Water District for review and approval. . a) Project shall connect to sewer. Cal Trans Conditions 25. All traffic, drainage and landscaping measures which are proposed on, or impact Cal Trans right-of-way to be reviewed and approved by Department of Transportation. Riverside County Sheriff's Department Conditions 26. Prior to Certificate of Occupancy applicant to work with the Sheriff's Department to establish a workable Apartment Watch Program through the Sheriff's Crime Prevention Unit. Buildinq and Safety Department Conditions .-I 27. Handicap access requirements to be met in design of all facilities and parking areas. Riverside County Fire Department Conditions 28. The fire Department is required to set a m~n~mum fire flow for the remodel or construction of all commercial buildings using the procedure established in Ordinance 546. 29. Provide or show there exists a water system capable of delivering 1500 GPM for a 2 hour duration at 20 PSI residual operating pressure which must be available before any combustible material is placed on the job site. 30. A combination of on-site and off-site super fire hydrants, on a looped system (6"x4"X2-l/2"X2-l/2"), will be located not less than 25 feet or more then l65-feet from any portion of the buildings measured along approved vehicular travelways. The required fire flow shall be available from any adjacent hydrant(s) in the system. 31. The required fire flow may be adjusted at a later point in the permit process to reflect changes in design, construction type, area separation or built-in fire protection measures. ~ 32. Applicant/Developer shall furnish one copy of the water PAGE THIRTEEN - CITY COUNCIL MINUTES - AUGUST 8, 1989 ,..... system plans to the Fire Department for review. Plans shall conform to the fire hydrant types, location and spacing, and, the system shall meet the fire flow requirements. Plans shall be signed/approved by a registered engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 33. Install a complete fire sprinkler system in all buildings requiring a fire flow of 1500 GPM or greater. The post indicator valve and fire department connection shall be located to the front, within 50 feet of a hydrant, and a minimum of 25 feet from the building(s). A statement that the building(s) will be automatically fire sprinklered must be included on the title page of the building plans. 34. Install a supervised waterflow fire alarm system as required by the Uniform Building Code. 35. Certain designated areas will be required to be maintained as fire lanes. 36. Install a manual pull, smoke detection system as required by the Uniform Building Code and National Fire Protection Association. 37. - Install portable fire extinguishers with a m1n1mum rating of 2A-lOBC. Contact certified extinguisher company for proper placement of equipment. 38. Final conditions will be addressed when building plans are reviewed in Building and Safety. Enqineering Department Conditions 39. 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. - 40. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52.030). Document can be obtained from the Engineering Department. 41. Dedicate sufficient right-of-way along Joy Street to provide for a 60-foot right-of-way and .40-foot curb-to-curb collector street. 42. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16 Chapter 16.34; Resolution No. 85-26). 43. 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. 44. Process and meet all parcel merger requirements prior to building permit, Lake Elsinore Municipal Code 16.20. 45. Construct all off-site public works improvements per approved street plans (Municipal Code, Title 12); plans must be approved and signed by the City Engineer prior to issuance of building permit (L.E.M.C. 16.34). PAGE FOURTEEN - CITY COUNCIL MINUTES - AUGUST 8, 1989 46. Street and alley improvement plans and specifications shall be prepared by a civil engineer and improvement shall be to Riverside County Road Department standards and City Codes (L.E.M.C. 12.04 and 16.34). 47. 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). ..... 48. 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. 49. Provide fire protection facilities as required in writing by Riverside County Fire protection. 50. Provide Street lighting and indicate on street improvement plans as required by the City Engineer. 51. 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. 52. All natural drainage traversing site shall be conveyed through site or provided for by a method approved by the City Engineer. 53. Developer shall agree to participate in and join a Mello Roos Community Facilities District (CFD) for infrastructure improvement and operation and maintenance for the West Elsinore Infrastructure Improvement ~ District. . 54. Submit a payment of $10,757 for a future traffic signal at Joy and Riverside per Resolution 83-49. 55. Submit a payment of $310.00 for the City's Master Entrance Sign Program. 56. If the CFD has not been formed at building permit, then the developer shall enter into an agreement with the City to mitigate drainage impacts by payment of a drainage mitigation fee. A Master Plan of D~ainage was developed by RCFCD for the West End and indicated a fee of $4,000 per acre is in order. The developer shall deposit $4,000 per acre, if a Drainage Assessment District is formed in the West End and that drainage fee is lower than the present fee a partial refund will be returned. 57. Developer shall not landlock Parcels 379-131-005 and 379-131-006; contact the subject property owners to assist in an equitable solution. Developer may purchase property, develop subject property concurrently or provide easement. 52. Residential proiect 89-10 = Michael Brown. Design Review of an eight (8) unit apartment building on a 0.78 acre site on the north side of Joy Street, approximately 1,000 feet west of Riverside Drive. ~ PAGE FIFTEEN - CITY COUNCIL MINUTES - AUGUST 8, 1989 r-- Michael Brown, applicant, detailed the location of this project and advised that this is an addition to an existing complex. He advised that they recently acquired the existing development and upgraded the facility. Planning Manager Thornhill detailed this proposal. Councilman Dominguez questioned Condition #26 with regard to the Apartment Watch Program. Planning Manager Thornhill advised that this is a new condition proposed by the Sheriff's Department Councilman Dominguez supported this condition and advised that he felt this would be a worthwhile program. MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO REAFFIRM NEGATIVE DECLARATION NO. 88-21, ADOPT THE FINDINGS LISTED BELOW: Findinqs 1. Subject to the attached conditions, the proposed project is not anticipated to result in any adverse environmental impacts. 2. This project, as approved, complies with the Goals and Objectives of the General Plan and the High Density Residential Zoning District. .... 3. This project, as conditioned, complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Lake Elsinore Municipal Code. 4. Conditions and safeguards pursuant to Section 17.82.070, including guarantees and evidence of compliance with conditions have been incorporated into the approval of this project in accordance with the Objectives of Chapter 17.82.060 and the Planning District in which it is located. AND APPROVE RESIDENTIAL PROJECT 89-10 SUBJECT TO THE FOLLOWING CONDITIONS: Planning Division Conditions 1. Design Review Board approval will lapse and be void unless Building or Grading Permits are issued within one (1) year. The project shall be developed in substantial conformance with submitted development plans, subject to the approval of the Community Development Director or his designee. 2. Applicant shall meet all Conditions of Approval prior to the issuance of Certificate of Occupancy and release of utilities. 3. All site improvements shall be constructed as indicated on the approved plot plan and elevation and/or as modified by these Conditions of Approval or the Planning Commission through subsequent action. 4. All required off-site improvements, including street lighting, shall be completed in accordance with improvement plans approved by the City Engineer prior to release of utilities and issuance of Certificate of Occupancy. PAGE SIXTEEN - CITY COUNCIL MINUTES - AUGUST 8, 1989 5. Applicant shall meet all applicable City Codes and Ordinances. 6. Meet all County Fire Department requirements including emergency vehicle turning radius, and fire resistance requirements for all building including sprinklers where required. A letter shall be submitted verifying compliance prior to issuance of Building Permits. 7. Metal mailboxes shall be treated to blend with the project's design theme. A detail shall be included in building plans, subject to the approval of the Community Development Director or his designee. 8. On-site surface drainage shall not cross sidewalks. .... 9. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Director or his designee. 10. All signs shall be by City Permit. 11. Construction generated dust and erosion shall be contained in accordance with the provisions of the Municipal Code using best construction practices. Interim erosion control measures shall be taken within 30 days after rough grading, as approved by the Chief Building Official. 12. All exterior lighting sources shall be shielded and directed on-site so as not to create glare onto neighboring property and streets, or allow illumination above the horizontal plane of the fixture. No wall pack type units shall be permitted. __ 13. The building address shall be a minimum of six-inches (6") high and shall be easily visible from the public right-of-way. 14. All ground support equipment shall be architecturally screened or shielded by landscaping, SUbject to the approval of the Community Development Director or his designee. a) No roof mounted equipment with the exception of swamp coolers. 15. Applicant shall use Class "A" fire retardant roofing materials. If composition roofing is proposed, random tab-extra dimensional composition is required. 16. Decorative paving shall be included at -the drive entryway a minimum of ten-feet (10') back from property line and shall be shown on building plans. 17. Landscape plan to be submitted to the Planning Commission for review and approval. All landscape improvements shall 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. 18. Applicant to submit final building plans which show well fitted, well weatherstripped, sound rated assemblies. All windows and door assemblies shall have a Sound Transmission Class (STC) necessary to reduce interior I ; ., I PAGE SEVENTEEN - CITY COUNCIL MINUTES - AUGUST 8, 1989 noise levels to 45db CNEL or below. 19. Forced air ventilation is required in all units. Wall mounted air conditioners shall not be used. ~ 20. Carport construction shall be of wood construction including support structures. If metal uprights are proposed they shall be painted and textured to match residential units. Roofing materials of carports shall match the color of the tile roofs of the dwelling units. a) No roof mounted equipment with the exception of swamp coolers. Elsinore Valley Municipal Water District Conditions 21. Pay water and sewer connection fees prior to Certificate of Occupancy. Fees to be determined by Elsinore Valley Municipal Water District. 22. Submit hydraulic analysis to Elsinore Valley Municipal Water District for water line and facilities sizing. Water lines to be designed for maximum day plus fire flow demand to meet Riverside County Fire Department reqUirements. 23. Applicant to submit revised plans which include: a) A reduced pressure principle backflow device after the service meter. ~ b) A sewage grease interceptor and sample box for each building. Details and plot plan to be reviewed and approved by Elsinore Valley Municipal Water District. 24. Applicant to submit plans for routing an sizing of all water and sewer lines to Elsinore Valley Municipal Water District for review and approval. a) Project shall connect to sewer. Cal Trans Conditions 25. All traffic, drainage and landscaping measures which are proposed on, or impact Cal Trans right-of-way to be reviewed and approved by Department of Transportation. Riverside County Sheriff's Department Conditions 26. Prior to Certificate of Occupancy applicant to work with the Sheriff's Department to establish a workable Apartment Watch Program through the Sheriff's Crime Prevention Unit. Building and Safety Department Conditions 27. Handicap access requirements to be met in design of all facilities and parking areas. Riverside County Fire Department Conditions 28. The fire Department is required to set a m1n1mum fire flow for the remodel or construction of all commercial buildings using the procedure established in Ordinance 546. PAGE EIGHTEEN - CITY COUNCIL MINUTES - AUGUST 8, 1989 residual operating pressure which must be available before any combustible material is placed on the job site. 30. A combination of on-site and off-site super fire hydrants, on a looped system (6"X4"x2-1/2"X2-1/2"), will be located not less than 25 feet or more then 165-feet from any portion of the buildings measured along approved vehicular travelways. The required fire flow shall be available from any adjacent hydrant(s) in the system. 31. The required fire flow may be adjusted at a later point in the permit process to reflect changes in design, construction type, area separation or built-in fire protection measures. ...J 32. Applicant/Developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall conform to the fire hydrant types, location and spacing, and, the system shall meet the fire flow requirements. Plans shall be signed/approved by a registered engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 33. Install a complete fire sprinkler system in all buildings requiring a fire flow of 1500 GPM or greater. The post indicator valve and fire department connection shall be located to the front, within 50 feet of a hydrant, and a minimum of 25 feet from the building(s). A statement that the building(s) will be automatically fire sprinklered must be included on the title page of the building plans. ~ 34. Install a supervised waterflow fire alarm system as required by the Uniform Building Code. 35. Certain designated areas will be required to be maintained as fire lanes. 36. Install a manual pull, smoke detection system as required by the Uniform Building Code and National Fire Protection Association. 37. Install portable fire extinguishers with a minimum rating of 2A-10BC. Contact certified extinguisher company for proper placement of equipment. 38. Final conditions will be addressed when building plans are reviewed in Building and Safety. Enqineerinq Department Conditions 39. 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. 40. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52.030). Document can be obtained from the Engineering Department. 41. Dedicate sufficient right-of-way along Joy Street to provide for a 60-foot right-of-way and 40-foot curb-to-curb collector street. .....J PAGE NINETEEN - CITY COUNCIL MINUTES - AUGUST 8, 1989 42. Pay all capital Improvement and Plan Check fees (Municipal Code, Title 16 Chapter 16.34; Resolution No. 85-26). ~ 43. 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. 44. Provide fire protection facilities as required in writing by Riverside County Fire Protection. 45. Provide street lighting and indicate on street improvement plans as required by the City Engineer. 46. 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. 47. All natural drainage traversing site shall be conveyed through site or provided for by a method approved by the City Engineer. 48. Developer shall agree to participate in and join a Mello Roos Community Facilities District (CFD) for infrastructure improvement and operation and maintenance for the West Elsinore Infrastructure Improvement District. 49. Submit a payment of $310.00 for the City's Master Entrance Sign Program. ~ 50. If the CFD has not been formed at building permit, then the developer shall enter into an agreement with the City to mitigate drainage impacts by payment of a drainage mitigation fee. A Master Plan of Drainage was developed by RCFCD for the West End and indicated a fee of $4,000 per acre is in order. The developer shall deposit $4,000 per acre, if a Drainage Assessment District is formed in the West End and that drainage fee is lower than the present fee a partial refund will be returned. 53. Appeal of Planning Commission approved Conditions of Approval for ~ Single-Family Residential Desiqn Review proiect located at 16900 Wells Ave. and request for waiver of appeal fees Qy Julius ~ Arocha. ..... Julius P. Arocha, 24631 Via Alvarado, Mission Viejo, advised that he had resolved Condition #14, so that portion of the appeal could be withdrawn; Condition #24 he and staff had reached agreement on, so the only Condition to be appealed is #21. He expressed concern with Condition #21 in that it places a costly burden on the property owner/builder. Planning Manager Thornhill explained that this item had been taken out of order on the Planning Commission agenda and Mr. Arocha was not able to express his concerns at that level. He suggested that Council waive the appeal fees Mr. Arocha has already paid. Councilman Washburn inquired as to the cost of off-site improvements for which Mr. Arocha would be required to pay fees. Public Services Director Kirchner advised that these fees work out to approximately $50 per foot of frontage and he believed Mr. Arocha would be paying on about 150 feet. ~ PAGE TWENTY - CITY COUNCIL MINUTES - AUGUST 8, 1989 Councilman Washburn advised that while he understood Mr. Arocha's concern, this was a condition placed on all similar development approvals. Councilman Buck advised that this property is near his home and warned the applicant that in the 1980 and 1983 floods, that property had been inundated and recommended that he work toward mitigation of that problem too. Mr. Arocha advised that his cost for the in-lieu fees is approximately $9,300 and the Engineering Department does not want him to do the actual work. ...... General Council discussion ensued with regard to the Council's policy on this type of fees. MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO ADOPT STAFF'S RECOMMENDATIONS TO ALLOW MR. AROCHA TO WITHDRAW APPEAL ON CONDITION #14, DENY APPEAL ON CONDITION #24, AND TAKE NO ACTION ON CONDITION #24 AND AUTHORIZE STAFF TO REFUND THE APPEAL FEES. Councilman Washburn advised Mr. Arocha that the actual cost to the City at a later date will most likely be higher than that being charged in in-lieu fees. CITY MANAGER COMMENTS City Manager Molendyk advised that after discussions with the Chamber of Commerce Board, it had been decided to form a Committee with 2 Councilmembers and 2 Chamber of Commerce Boardmembers and Staff for discussion of mutual concerns. He recommended Councilmembers Buck and Starkey to serve on that Committee. Council concurred. ...... City Manager Molendyk requested that Council set a Study Session for discussion of the West End Assessment District, Pottery Street Bridge, and Code Enforcement and recommended that they use the date of August 17 rather than August 16 previously proposed at 6 p.m. Council concurred. City Manager Molendyk advised that he would need a joint executive session for discussion of property acquisition and potential litigation. CITY COUNCIL COMMENTS Councilman Washburn commented on his recent attendance at the Southern California Joint Powers Authority Meeting and summarized the actions of the Authority. Councilman Starkey advised that he has been informed by Don Solis that there are serious potholes at Lincoln st. and Riverside Dr. and requested that staff correct this situation. He further advised that he has been notified of a "swap meet" beginning to form at Olive and Mission Trail and requested that staff check it out and report back. Mayor Winkler advised that he will be attending a Committee ~ meeting on Thursday morning, August 10 regarding the formation of a Southern Riverside County Coalition of Governments and requested that Council review the documentation and give him any comments prior to that time. He also advised that eminent domain proceedings have been initiated on a portion of his floodplain property and provided the documentation to the City Clerk for provision to interested parties. PAGE TWENTY-ONE - CITY COUNCIL MINUTES - AUGUST 8, 1989 THE CITY COUNCIL MEETING WAS RECESSED AT 8:31 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:40 P.M. CLOSED SESSION ~ THE CITY COUNCIL MEETING ADJOURNED TO CLOSED SESSION FOR DISCUSSION OF PROPERTY ACQUISITION AND POTENTIAL LITIGATION AT 8:41 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9:35 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY STARKEY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY AT 9:35 P.M. JIM WINKLER MAYOR CITY OF LAKE ELSINORE CLERK .....