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Home My WebLink About08-23-1988 City Council Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 23, 1988 **************~*************************************************** -- , CALL TQ ORDER The Regular Meeting of the City Council was called to order by Mayor Winkler at 7:00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Washburn. ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURNf WINKLER ABSENT: CCUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant city Manager Rogers, City Attorney Harper, Acting Administrative Services Director Wood, Community Development Director Miller, Ccmmunity Services Director Watenpaugh, Public Services Director Kirchner and City Clerk Kasad. PUBLIC COMMENTS - 1. A.C. Nejedly, 6141 Riverside Avenue, suite #3, Riverside, representing Elsinore-Stewart Properties, questioned future plans for development of meandering lake inlet channel by Santa Ana Watershed Project Authority. 2. Kathy Spousta, 32900 Keel Drive, commented on recent problems in her area and the response times for the Sheriff's Department. She stressed the need for the City to have its own protection/police department. 3. Chris Hyland, 15191 Wavecrest Drive, also commented on crime problems in her neighborhood and further stressed the need for the City to have its own police department. 4. Kevin Hogan, 358 Avenue 6, reiterated his problems with the school district and the construction of the Railroad Canyon School. He also demanded that his concerns be placed on the City Council agenda for consideration. CEREMONIALS/PRESENTATIONS None. CONSENT CALENDAR - 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. August 9, 1988 - Regular City Council Meeting. The following Minutes were received and filed: b. August 2, 1988 - Planning Commission Meeting. PAGE TWO - CITY COUNCIL MI~~TES - AUGUST 23, 1988 2. Received and file~ Investment Report for July, 1988. 3. Rejected and referred to insurance carrier Claim submitted by Gregory & Carol Sheehan. 4. Approved Agreement for Inspection for Grape Street Bridge with Leighton & Associates, Inc. 5. Approved Joint Use Agreement with Southern California Edison Company for the relocatior. of l~g~t~ in the area of the K-Mart Development. .... 6. Approved Release of SUbdivision Bonds for Tract 19402-1 for Art Nelson, Inc. and accepted 10% Mail'.tenance Bond. 7. Accepted Quitclaim Deeds for Water Rights from winston Elsinore, Philip R. Williams, Dennis Short and Scott & Amy Hartley. 8. Approved public hearing date of September 13, 1988 for the following: a. General Plan Amendment 88-4 and Zone Change 88-4 = Brookstone Develo~ment. A request to amend the General Plan Land Use Element by amending the designation from Tourist Commercial to General Commercial and to rezone said property from C-1 (Neighborhood Commercial) to C-2 (General Commercial). Project is located on 7.98 acres on the north side of Casino Drive approximately 600 feet west of Malaga Road. b. Tentative Parcel Map 23710 = Brookstone Development. A proposal to divide three (3) existing parcels into eight __ (8) parcels ranging in size froIn 2,672 square feet to 107,558 square feet, located in the Neighborhood Commercial Zoning District. Project is located on the north side of Casino Drive approximately 600 feet west of Malaga Road. c. An Ordinance enacting Chapter 8.56 of the Lake Elsinore Municipal Code pertaining to Nuisance Abatement. PUBLIC HEARINGS 31. Amendment 88-7 = City of Lake Elsinore. A request to amend Chapter 17.44, C-1 (Neighborhood Commer- cial) Zone, to add churches, hotels and motels as a use permitted subject to a Conditional Use Permit and amending Chapter 17.48, C-2 (General Commercial) Zone to add hotels and motels as permitted uses and to add churches as a use permitted subject to a Conditional Use Permit. Ordinance No. 842. community Development Director Miller summarized the proposed amendment and reviewed prior Council discussions. The City Clerk reported no written comments or protests. Mayor Winkler opened the public hearing at 7:15 p.m. asking those in favor of Amendment 88-7 to speak. No one spoke. Mayor Winkler asked those in opposition to speak. Hearing no one, the public hearing was closed at 7:16 p.m. Mayor Winkler inquired why certain restrictions had been -- PA.GE 'THREE " CI'lI' COUNCIL rUNUTES = AUGUST 23, 1988 included in the C-M zone and not the C-1 and C-2 zones. Community Development Director Miller explained that those restrictions were more related to industrial types of uses that would be found in the C-M zone, however they could be included at Council direction. councilman Dominguez questioned the prohibition of bars without restaurant facilities. He commented that bars in hotels many times do not have restaurant facilities. CUl..LJ.lLU,tlity Develop:ment Directo.l: MilleJ:: 0la:cified that ba.rs without restaurants, under this ordinance, would be subject to a Conditional Use Permit. MOVED BY BUCK, S3CONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO ADOPT NEGATIVE DECLARATION 86-25, ADOPT THE FINDING LISTED BELOW: Findinq 1. The proposed amendment will not have any significant adverse impacts on the environment. AND ADOPT ORDINANCE NO. 842: ORDINANCE NO. 842 ,- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 17.44, C-1 (NEIGHBORHOOD COMMERCIAL ZONE), TO ADD CHURCHES, HOTELS AND MOTELS AS A USE PERMITTED SUBJECT TO A CONDITIONAL USE PERMIT, AMENDING CHAPTER 17.48, C-2 (GENERAL COMMERCIAL ZONE), TO ADD HOTELS AND MOTELS AS PERMITTED USES, AND TO ADD CHURCHES AS A USE PERMITTED SUBJECT TO A CONDITIONAL USE PERMIT. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. Ordinances reqardinq Cable Television. Amendments to franchise ordinance requirements. City Manager Molendyk advised that these Ordinances had been presented at the last meeting for Council review. The City Clerk reported no written comments or protests. - Mayor Winkler opened the pUblic hearing at 7:23 p.m. and asked those in favor of the ordinances to speak. The following person spoke: Tom Thomas, representing King Videocable, spoke in support of the proposed amendments and advised that they would be advantageous to the cable company, the residents and the City. Mayor Winkler asked those in opposition to speak. Hearing no one, the public hearing was closed at 7:24 p.m. PAGE FOUR - CITY COUNCIL MINUTES - AUGUST 23, 1988 MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO ADOPT ORDINANCES 840 & 841. ORDINANCE NO. 840 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING CHAPTER 5.40 RELATING TO COMMUNITY ANTENNA TELEVISION SYSTEMS. UPON THE FOLLOWING ROLL CALL VOTE. -- AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ORDINANCE NO. 841 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE RELATING TO UNDERGROUNDING OF CABLE TV AND PROVIDING CABLE TV SERVICES. 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 Project 88-2 = Kendall k Diane Paulson. A request to construct a 10-unit apartment complex on 0.48 acres on the northwest corner of Franklin Street and Chestnut Street. Renee Paulsen, representing the applicant, advised that she is the project designer, requested Council support of the project and offered to answer any questions from Council. Community Development Director Miller summarized the project and advised that it is similar to the proposal across the street from this project. He also advised that additional landscaping had been requested by the Planning Commission. Councilman Washburn advised that he was very pleased with this project, particularly since this is a difficult location for development and since it upgrades the east side of town. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS .. VOTE TO AFFIRM NEGATIVE DECLARATION 88-18, ADOPT THE FINDINGS LISTED BELOW: Findinqs 1. Subject to the attached conditions, the proposed project is not anticipated to result in any significant adverse environmental impact. ~~AGE FIVE - CI'l;Y COUNCIL l\fIl'-l'UTES - AUGUST 23, 1988 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 applicarle provisions of the Lake Elsinore Municipal Code. 4. Cv:uditio:i1S and sd.f€:gua.:cUl:> pu.l.~ucl.nLco 5~I,.;L';'UH l7. 82.070 f including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the property in accordance with the objectives of Chapter 17.82.060 and the Planning District in which it is located. AND APPROVED RESIDENTIAL PROJECT 88-2, SUBJECT TO THE FOLLOWING CONDITIONS: Planninq Division Conditions 1. Design Review Board approval will lapse and be void unless Building Permits are issued within one (1) year. The project shall be developed in substantial conformance with submitted development plans date stamped June 28, 1988, except as modified herein. 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 buildings 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. On-site surface drainage shall not cross sidewalks. 8. 9. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Director. 10. All signs shall be by City Permit. 11. Prior to the issuance of Building Permits, street Improvement Plans shall be submitted and must be approved by the City Engineer. PAGE SIX - C:!''t'Y COUNCIL MINUTES - AUGiJSrl' 2.3: 1988 12. Construction generated dust and erosion shall be contained in accordance with the nrovisions 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. 13. All exterior lighting sources shall be shielded and directed on-site so as not to create glare onto neighbo:cing property d!id btn:~e.ts, ur allow illumination above the horizontal plane of the fixture. No wall pack type units shall be permitted. .-I 14. The building address shall be a minimum of six-inches (6") high and shall be easily visible from the public right-of-way. 15. All roof mounted and ground support equipment shall be architecturally screened or shielded by landscaping, subject to the approval of the Community Development Director. 16. Applicant shall use Class "A" fire retardant roofing materials. 17. Decorative paving shall be included at the drive entryway a minimum of ten-feet (101) back from property line and shall be shown on building permit plans. 18. A six-foot (61) high solid decorative block wall (as measured) from the highest grade) shall be constructed along the interior side yard and rear property lines, subject to the approval of the Community Development Director. 19. Patio gates on all ground units shall be solid wood or other material as approved by the Community Development Director. A detail shall be included in the building plans. .... 20. The game court shall be permanently marked and maintained subject to the approval of the Community Development Director. A plan shall be included with the building plans and shall be approved prior to the issuance of building permits. 21. The applicant shall submit a completely revised Landscape and Irrigation Plan which shall incorporate the following: a. All cut or fill slopes 2.5 horizontal to 1 vertical or greater are to be permanently planted and irrigated to protect against erosion. This shall include all off-site slopes resulting from grading on adjacent lots. b. All cut or fill slopes are to be planted with ground cover of a permanent variety and planted so that it provides 100% coverage in one (1) year or sooner, Ground cover variety is to be approved by the City as .... acceptable for slope planting and erosion control. The ground cover may be hand planted from flats or hydroseeded. c. All cut or filled slopes less than 31-0" in vertical height are to be irrigated with a permanent system and may be manually or automatically operated. PAGE 5EVSN - CITY COUNCIL l'1INUTES - l'~UGUST 23, 1988 d. cut or filled slopes 3'-0" or greater are to be planted and irrigated as follows: 1. 40% coverage or 25 shrubs per 1,000 square feet whichever is greater; 70% to be one (1) gallon in size, with the remainder to be five (5) gallon in size. - 2. Two (2) trees per 1,000 square feet or one (1) \:..i:.t:::~ VI:::J.. 30 linecil feet, whic.:hever 1s greater; 75% to be five (5) gallon in size, the remainder to be fifteen (15) gallon in size. 3. All slopes are to utilize ~ permanent irrigation system that provides for 100% slope coverage. The system should include the use of low precipitation heads and anti-drain valves. The use of moister sensing devices are encouraged where practical. e. A Maintenance Agreement shall be obtained from the adjacent property owners and submitted to the city. f. Vertical plant material shall be included adjacent to the patio walls which face Chestnut street in a five-foot (5') planter area. The decorative sidewalk shall be designed to meander around the planter. g. Twenty percent (20%) of all trees provided shall be twenty-four inch (24") box size. .-- h. A dense landscape screen shall be provided between the proposed game court and Chestnut street subject to the Community Development Director's approval. i. The berm treatments and dense landscape areas shown within the public right-of-way on Franklin and Chestnut streets shall be relocated to within the prescribed yard areas between the property line and building or recreational facilities. The revised Landscape and Irrigation Plan shall be submitted with the building plans and shall be approved by the Community Development Director and Planning Commission and the City's Landscape Architect prior to the issuance of building permits. 22. The carport structure shall provide a three-foot (3') high stucco wall on the Chestnut street side in order to continue the architectural theme of the main building. 23. Prior to the issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. Enqineerinq Department Conditions 24. Construct all off-site improvements per approved street plans (Municipal Code, Title 12). 25. Pay all improvement fees and submit street dedication (Municipal Code, Title 16, Chapter 16.34, Resolution No. 85-26). 26. Required grading (Municipal Code, Title 15, Chapter 15.72). PI,GE RIGHT - CITY COUNCIL MINU'l'ES - AUG'fJST 23, J.988 27. Pay all fees for encroachment permit (Municipal Code, Title 12, Chapter 12.08 and Resolution No. 83-78). 28. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52.030). 29. Sign agreement for City Landscaping and street Lighting District (Resolution Nos. 86-26, 86-27, 86-36). 30. Dedicate fiveofeet (5') for right=of-way along property frontage on Chestnut Street. 31. Dedicate five-feet (5') for right-of-way along property frontage on Franklin Street. ~ 32. Dedicate corner cut-off at intersection of Chestnut and Franklin. 33. The Final Grading Plan shall be approved by the Chief Building Official. 34. Street improvement plans shall be approved by the City Engineer before issuance of building permit. County Fire Department Conditions 35. The Fire Department is required to set a mlnlmum fire flow for the remodel or construction of all commercial buildings using the procedure established in Ordinance 546. 36. Provide or show there exists a water system capable of delivering 1000 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. 37. The required fire flow shall be available from a super hydrant (6"X4"X2-1/2"X2-1/2") located not less than 25 feet or more than 165 feet from any portion of the building as measured along approved vehicular travelways. 38. The applicant/developer shall be responsible to submit written certification from the water company noting the location of the existing fire hydrant and that the existing water system is capable of delivering 100 GPM fire flow for a 2 hour duration at 20 PSI residual operating pressure. If a water system currently does not exist, the applicant/developer shall be responsible to provide written certification that financial arrangements have been made to provide them. 39. 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. 40. 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 th~ Riverside County Fire Department. PAGE NINE - CITY COUNCIL iVilNUTES ~ AUGUST 23, 1988 41. 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. 42.. In lietA. 0f fire sprinkler reCiuirements, bldlding(s) must provide area separation walls, location to be approved by the Building Department and the Fire Department, as per section 505 (e) of the Uniform Building Code. 43. Install portable fire extinguishers with a minimum rating of 2A-10BC. Contact certified extinguisher company for proper placement of equipment. Elsinore Valley Municipal Water District Conditions 44. The project shall connect to pUblic sewer and provide for appropriate water service capacities. Applicant shall coordinate water and sewer requirements with E.V.M.W.D. 45. Submit hydraulic analysis for water line and facilities sizing to E.V.M.W.D. 46. A reduced pressure principle backflow device is required after the service meter. - 47. Develop a design plan and construct a residential fire hydrant per E.V.M.W.D. standards. 52. Tentative Tract Map 19358 Revised = John ~ Heers. Request for extension of time for a l74-unit subdivision on 46 acres located east of Ortega Highway, south of Grand Avenue. Jack Reeves, representing the applicant, explained the reasons this extension of time is being requested. He detailed the problems they have encountered with downstream property owners, easements and the establishment of a reimbursement district. Councilman Washburn questioned the request for a 6 month period vs. the period to April 9, 1989. Community Development Director Miller explained that April 9, 1989 represents a date six months from the current expiration date. MOVED BY DOMINGUEZ, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO GRANT THE REQUEST FOR AN EXTENSION OF TIME TO EXPIRE ON APRIL 9, 1989. BUSINESS ITEMS -- 53. Second Reading - Ordinance No. 838. Zone Change 88-5 - Leonard F. Davidson. MOVED BY WASHBURN, SECONDED BY BUCK TO ADOPT ORDINANCE NO. 838. ORDINANCE NO. 838 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 0.33 ACRES LOCATED ON THE SOUTH SIDE OF JOY STREET PAGE TRN - CITY COUNCIL MINUTES '~A,UGU:c; 23 f 1988 APPROXIMATELY 150 FEET FROM RIVERSIDE DRIVE FROM R-3 (HIGH DENSITY RESIDENTIAL) TO C-P (COMMERCIAL PARK) ZONING DISTRICT (ZONE CHANGE 88-5 - LEONARD F. DAVIPSON). UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES; COUNCIIJvIE:f.iBERS. NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE .-I 54. Second Reading = Ordinance No. 839. Zone Change 88-6 - Leonard 'F. Davidson. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO. 839. ORDINANCE NO. 839 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CAI.IFORNIA, REZONING 0.34 ACRES LOCATED ON THE EAST SIDE OF ILLINOIS STREET APPROXIMATELY 106 FEET SOUTH OF ~~KESHORE DRIVE FROM R-3 (HIGH DENSITY RESIDENTIAL) TO C-P (COMMERCIAL PARK) ZONING DISTRICT (ZONE CHANGE 88-6 - LEONARD F. DAVIDSON). UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ..... ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE CITY MANAGER COMMENTS City Manager Molendyk reminded the City Council and Planning commission of the August 30, 1988 study sessions a 4:00 p.m. and 5:00 p.m. CITY COUNCIL COMMENTS Councilman Washburn commented on pOlice services and advised that Council is studying methods to resolve these problems. Councilman Buck requested that the Missing in Action flags be flown at City facilities for the Labor Day HOliday. Mayor Winkler advised that there would be a Downtown Business Association open house this Thursday and that he would be speaking at their meeting on September 22. Mayor Winkler also advised that he had attended a County Emergency ..... Preparedness meeting and detailed the efforts being made to plan for a major disaster. Mayor Winkler reiterated to Mr. Hogan that the City staff has attempted to work with him to the best of its abilities, however the City is very limited in what it can do. He further reiterated PAGE E:WEVEN -, CI'I'Y ~X)UNL.L.l..J MlNUTES - AUGUST 23, 1988 - to Mr. Hogan that he is welcome to speak anytime under public comments, however he did not feel Council could address his problem adequately to place in on the agenda for consideration. Councilman Buck requested that staff send a letter to the School District to let them know that the City has been notified of the problems, as well as having our Engineer review the plans and the site for compliance with the plans. ADJOURNMENT MOVED BY DOMINGUEZ, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR COUNCIL MEETING AT 7:40 P.M. TO AUGUST 30, 1988 AT 4:00 P.M. c:b~40R CITY OF LAKE ELSINORE ~~~N CITY , (\./ . \ -~~ E~D i CITY CLERK Er;SINORE - -