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HomeMy WebLinkAbout09-27-1988 City Council Minutes ::\j'( MINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 27, 1988 ,-- I ****************************************************************** 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 Manger Molendyk, Assistant City Manager Rogers, City Attorney Harper, Acting Administrative Services Director Wood, Community Development Director Miller, Community Services Director Watenpaugh, Public Services Director Kirchner and City Clerk Kasad. PUBLIC COMMENTS ,-... 1. Tere Cherveny, 1409 W. Sumner, expressed concern with problems caused by the sewer plant. She presented a petition signed by 94 residents requesting that the City Council work with the Water District to resolve the odor problem caused by dumping of waste at the plant. She also commented on a new spot she had seen dumping occurring at Flint and Spring Streets and requested that Council review the situation and prevent any future problems. 2~ George Alongi, 649 Mill Street, requested that Council encourage businesses to locate in the downtown area and work with them. He expressed specific concern with the limitations being placed on new businesses due to the already overburdened downtown parking. 3. Candi Pirchner, 31712 Casino Drive, #3B, representing Casino Drive merchants, expressed concern with a notice which had been received recently about the name change from Casino Drive to vista Del Lago due to become effective on October 1, 1988. She commented on the cost factor to the merchants for changing telephone book listings and stationary. She requested that Council reconsider this name change and leave it as Casino Drive. - 4. Kevin Jeffries, 17666 Grand Avenue, suggested that the City ~"Council consider construction of a fire station in the west end of the valley. He commented that there are currently enough active volunteers to man such a station if City would fund the building and the equipment. CEREMONIALS/PRESENTATIONS A. Mayor Winkler read a Proclamation honoring Jessie Strong for PAGE TWO - CITY COUNCIL MINUTES - SEPTEMBER 27, 1988 :vk her dedication and accomplishments with the Learning Handicap students of the City of Lake Elsinore and presented her with a key to the City. Jessie Strong thanked the City Council and the Chamber of Commerce for their assistance in her efforts. CONSENT CALENDAR .1 i ..J The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 3 & 8. MOVED BY WASHBURN, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. August 30, 1988 - Adjourned City Council Meeting. b. August 30, 1988 - Joint city Council/Planning Commission Study Session. c. September 13, 1988 - Regular City Council Meeting. The following Minutes were received and filed: d. September 6, 1988 - Planning Commission Meeting. 2. Received and filed Investment Report for August, 1988. 4. Approved Advertisement for Bids for the 1988 Slurry Seal Project, with bids to be opened on October 14, 1988. 5. Approved Final Parcel Map 22827, authorizing the City Clerk to sign and arrange recordation, and accepted dedication of Underground Water Rights. .... 6. Approved and accepted the off-site Improvements, Approved Release of Subdivision Bonds for Parcel Map 22930, and accepted 10% Maintenance Bond for Commercial Project 87-5 from Art Nelson, Inc. 7. Approved and accepted the off-site improvements, Approved Release of Subdivision Bonds for Tract 15020, Phases 2 and 3 and accepted Irrevocable Letter of Credit No. 016 LE for William C. Buster, Inc. 9. Approved public hearing date of October 11, 1988 for the following: a. Tentative Parcel Map 23400 = Gary Eas1ev. Request to re-subdivide an existing 1.7 acre parcel portion of Rolling Hills District of Ranch La Laguna formerly portions of lots 606, 607, 608, 647, 648, 649 and 650 into three (3) lots. ...... b. Conditional Use Permit 88-11 and Commercial Project 88-14 = The ~ Company/Joel Burnstine. A request to develop a 1.01 acre site as a full service car wash and mini mart. Located on the east side of Casino Drive approximately 1,500 feet south of Railroad Canyon Road. PAGE THREE - CITY COUNCIL MINUTES - SEPTEMBER 27, 1988 c. Amendment 88-8 = City of Lake Elsinore. A request to amend Section 17.82.100 regarding Minor Design Review to designate Planning Commission rather than the community Development Director as the reviewing authority for Minor Design Review. ~ ITEMS PULLED FROM CONSENT CALENDAR 3. Joint Powers Agreement for Lake Management. Councilman Washburn advised that the list of task force agencies in Resolution No. 88-52 should include the Lake Elsinore Redevelopment Agency. MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE JOINT POWERS AGREEMENT AND ADOPT RESOLUTION NO. 88-52 AS AMENDED. RESOLUTION NO. 88-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE FORMATION OF A JOINT POWERS AGENCY ENTITLED THE LAKE ELSINORE MANAGEMENT AUTHORITY AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATED THERETO. 8. Rescind City Council Action of July 28, 1987 adopting Resolution No. 87-47 changing the name of Casino Drive to vista Del Lago. Councilman Dominguez commented that at the time this item was approved by Council staff did notify all affected merchants and property owners. He further commented that money has already been expended for this name change to order new signs, but if it is a real problem for the merchants he has no problem either way. Mayor Winkler commented that due to the 100% merchant disagreement with this change, he felt the action should be rescinded. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY A VOTE OF 4 TO 1 WITH DOMINGUEZ CASTING THE DISSENTING VOTE TO RESCIND CITY COUNCIL ACTION OF JULY 28, 1987 AND RETAIN THE NAME CASINO DRIVE. PUBLIC HEARINGS 31. Zone Chanqe 88-7 = Champion Development. A request to change the zoning from R-l (Single-Family Residential) to C-2 (General Commercial) on 0.73 acres located on the southeast corner of Railroad Canyon Road and Grape Street. Ordinance No. 845. ..... Community Development Director Miller explained the request for Zone Change and advised that this item is the prelude to the development of an office complex on this site. The City Clerk reported no written comments or protests. Mayor Winkler opened the public hearing at 7:16 p.m. asking those in favor of Zone Change 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. PAGE FOUR - CITY COUNCIL MINUTES - SEPTEMBER 27, 1988 Councilman Washburn concurred with Planning Commission recommendations and expressed support for an office complex on this site. MOVED BY STARKEY, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO ADOPT NEGATIVE DECLARATION 88-26, ADOPT FINDINGS LISTED BELOW: Findinqs: ... 1. The proposed project is not anticipated to have a significant adverse impact on the environment. 2. The present zoning of R-l (Single-Family Residential) is not consistent with the General Plan designation of General Commercial. 3 . The proposed Zone Change from R-l (Single-Family Residential District) to C-2 (General Commercial) is consistent with the Goals and policies of the General Plan. 4. The proposed Zone Change will facilitate compatibility of land uses within the City's General Plan, bringing this zoning designation into compliance with State Planning Law. TO APPROVE ZONE CHANGE 88-7 AND ADOPT ORDINANCE NO. 845: ORDINANCE NO. 845 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 0.73 ACRES LOCATED ON THE SOUTHEAST CORNER OF RAILROAD CANYON ROAD AND GRAPE STREET FROM R-l (SINGLE-FAMILY RESIDENTIAL) TO C-2 (GENERAL COMMERCIAL) ZONING DISTRICT (ZONE CHANGE 88-7 - CHAMPION DEVELOPMENT) . UPON THE FOLLOWING ROLL CALL VOTE: ..... AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ~ ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. Zone Chanqe 88-8 = Winston Elsinore Ltd. Partnership. A request to change the zoning from C-l (Neighborhood Commercial) to C-2 (General Commercial) on 1.55 acres located between Casino Drive (Vista Del Lago) and Mission Trail, approximately 1,000 feet east of Railroad Canyon Road. Ordinance No. 846. community Development Director Miller detailed this request and advised that it is the second phase of the Winston Tire Center. ... The City Clerk reported no written comments or protests. Mayor Winkler opened the pUblic hearing at 7:18 p.m. asking those in favor of Zone Change 88-8 to speak. No one spoke. PAGE FIVE - CITY COUNCIL MINUTES - SEPTEMBER 27, 1988 :i Mayor Winkler asked those in opposition to speak. Hearing no one, the public hearing was closed at 7:18 p.m. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT NEGATIVE DECLARATION NO. 88-19; ADOPT FINDINGS LISTED BELOW: -- Findings: 1. The proposed request will not have a significant impact on the environment. 2. The proposed zone change from "C-l" to "C-2" is consistent with the Goals and Policies of the General Plan. 3. The proposed zone change will facilitate compatibility of land uses within the City's General Plan, bringing the zoning into conformance with the General Plan as required by State Planning Law. TO APPROVE ZONE CHANGE 88-8 AND ADOPT ORDINANCE NO. 846 ORDINANCE NO. 846 - AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 1.55 ACRES LOCATED BETWEEN CASINO DRIVE (VISTA DEL LAGO) AND MISSION TRAIL APPROXIMATELY 1,000 FEET EAST OF RAILROAD CANYON ROAD FROM C-l (NEIGHBORHOOD COMMERCIAL) TO C-2 (GENERAL COMMERCIAL) ZONING DISTRICT (ZONE CHANGE 88-8 - WINSTON ELSINORE LTD PARTNERSHIP). UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 33. Tentative Tract Map 20296 Revised = Hillcrest Development. A request to revise a previously approved Tract Map, reducing the number of lots from 65 to 57, reconfiguring lots, reducing grading impacts, providing drainage facilities and improved fire access, located on 76.69 acres south of Grand Avenue and west of the Ortega Highway. Community Development Director Miller highlighted the background of this tentative tract which began with original approval on September 24, 1984 and has had two one-year extensions of time. -- The City Clerk reported one written comment received and presented to the City Council this date. Mayor Winkler opened the public hearing at 7:21 p.m. asking those in favor of Tentative Tract Map 20296 Revised to speak. The following people spoke: Fred Crowe, representing Butterfield Surveys, 620 W. Graham, commented that this project is in a critical area of the City and advised that they are in agreement with the PAGE SIX - CITY COUNCIL MINUTES - SEPTEMBER 27, 1988 ::0J: conditions of approval with the exception of #21 an #39. He advised that Condition #39 is a matter of concern because the ultimate future plan for Ortega Highway has not been determined. He further commented that he is not sure the costs of widening the highway should be absorbed by the developer in that the road will benefit the general public. Regarding Condition #21 he expressed concern with the excessive costs associated with fireproof fencing throughout the tract. He requested that they be given the flexibility to work with staff and the fire department to establish the ~ fencing requirements. Gary Kaiser, representing Morrisey Homes, 508 W. Mission Blvd., Escondido, also expressed concern with Conditions 39 and 21. He suggested that the work suggested would involve such a short distance it could become a safety hazard. With regard to Condition 21 he commented on the excessive costs already encountered for grading work and suggested that the increased fencing cost might require them to discontinue the proposed development. . Paul Salata, representing Hillcrest Development, expressed support of the proposed conditions except #39. He detailed his concerns with Condition 39 as listed in his letter of September 26, 1988, as follow: 1) Caltrans has not yet received nor reviewed this tentative map (per district engineer) ; 2) The road in question is a state highway and not a city street; 3) Currently there are no plans to widen this highway (per district engineer); 4) Widening could cause this street to be less safe than doing nothing; 5) There is not now nor will there be access to this highway from our property; .... 6) The City's required improvement in Condition Number 39 will not be used; 7) Condition Number 39 does not benefit the development and only might be a general public benefit in the distant future; 8) We would be willing to not build on the portion of our property in question so as to keep it available for highway use if and when needed. Chuck Reeves, representing the Heers Company advised that he is in support of the proposed development; however, he requested that an additional condition be considered by the City Council. He suggested that this development be required to participate in the reimbursement/assessment district to mitigate drainage concerns in the area. Melanie Salata, Hillcrest Development, requested that ~ Council disregard the comments of Mr. Reeves, in that she feels they are strictly vindictive in nature and has been given out of context. Mayor Winkler asked those in opposition to speak. Hearing no one, the pUblic hearing was closed at 7:27 p.m. PAGE SEVEN - CITY COUNCIL MINUTES - SEPTEMBER 27, 1988 "J ~; ~ Community Development Director Miller advised that Condition #21 had been modified at the Planning Commission level to allow greater flexibility with regard to fireproofing. Public Services Director Kirchner advised that with regard to Condition #39 the Tentative Tract had been submitted to Caltrans for review four years ago. He produced a letter documenting the need for Condition #39. He offered to submit the revised map for review, however, the perimeter of the project has not changed and he doesn't feel the recommendation would change. Mayor Winkler questioned whether the words, "subject to Caltrans approval" would allow for flexibility on this condition. City Attorney Harper advised that the condition as worded deals more with the standards required by Caltrans, not the plan for this specific project. Public Services Director Kirchner further advised that the local ordinance would require either that the improvements be installed or that the developer pay an in-lieu fee for waiver of the requirement. City Attorney Harper expressed concern with the potential liability either to the City or the State if only 500 feet of the highway is improved. Community Development Director Miller suggested that with the pending proposed development along the Ortega Highway a much larger portion of the road could be improved. ~ Councilman Dominguez felt that the suggested condition allowed sufficient flexibility. City Attorney further clarified that the Caltrans approval in this condition would pertain more to Standards for construction than to this project. Councilman Washburn expressed concern with this developer being required to improve a portion of Ortega Highway when they do not utilize it for ingress or egress to the project. However, he agreed that the land should be dedicated for future Caltrans use in highway improvement. City Manager Molendyk clarified that all the City can do is support and enforce the standards required by Caltrans. He suggested that this item be continued so staff can meet with Caltrans. Mayor Winkler asked Fred Crowe if the fencing condition had been clarified to his satisfaction. Mr. Crowe felt that it was flexible enough to work with. Councilman Washburn inquired whether non-combustible material could be interpreted as something besides fencing. Community Development Director Miller advised that fencing of some kind would be required in any case. ~ Gary Kaiser inquired whether this fencing would be required on the side lot lines of each lot or only the perimeter of the development. Community Development Director Miller clarified that it was primarily for the perimeter wall, however some transitional areas would be necessary for aesthetics. Councilman Washburn questioned suggested in the staff report. Director Miller clarified that Condition #13. the deletion of Condition #25 Community Development this was a duplication of PAGE EIGHT - CITY COUNCIL MINUTES - SEPTEMBER 27, 1988 :' J' ..V' MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO ADOPT NEGATIVE DECLARATION 88-31; ADOPT FINDINGS LISTED BELOW: Findings: 1. This revised Map is not expected to result in a significant environmental impact. 2. The revised Map complies with the General Plan Land Use ~ designation and with the current Goals and Policies of the General Plan. 3. The revised Map provides for improved lot configuration and circulation patterns to better facilitate development. 4. The revised Map better implements the City Grading Ordinance. 5. The revised Map reduces the total number of lots that were previously approved for Tentative Tract Map 20296. AND APPROVE TENTATIVE TRACT MAP 20296 REVISED SUBJECT TO THE FOLLOWING CONDITIONS WITH CONDITION #39 TO RETURN TO COUNCIL FOR REVIEW PRIOR TO FINAL APPROVAL: Planning Division Conditions: 1. The Tentative Tract Map shall comply with the State of California SUbdivision Map Act and to all the requirements of the Lake Elsinore Municipal Code (L.E.M.C.), Title 16, unless modified by the Conditions of Approval. .... 2. Approval of Tentative Tract Map 20296 Revised shall constitute the third (3rd) and final extension permitted by the State of California Subdivision Map Act and local ordinances. The Final Map must be recorded September 24, 1989. 3. Applicant shall submit design elevations and landscaping plan to the Design Review Board for future developments upon the lots created. 4. Applicant shall record CC & R's for the Tract prohibiting on-street storage of boats, motorhomes, trailers and trucks over one-ton capacity, roof mounted microwave antennas. 5. Meet all City Codes and Ordinances. 6. Applicant shall meet all requirements and pay all applicable Capital Improvement fees for Ordinance No. 572. 7. Applicant shall enter into an agreement with the Elementary and High School Districts to off-set impacts upon school and/or pay applicable school fees established pursuant to state law. .... 8. Applicant shall submit Landscape and Irrigation Plans for street trees, slope planting, and right-of-way planting in accordance with the City Landscape Guidelines. The plans shall be approved by the Planning Department and City Contract Landscape Architect. PAGE NINE - CITY COUNCIL MINUTES - SEPTEMBER 27, 1988 :V: - 9. Configuration of Lots 2 and 11 shall be modified to create a minimum 25-feet flag connection to the proposed street location. A 15-foot wide paved drive shall be provided within the flag connection between the roadway and the residential unit garage. The flag , connection may include flood control/drainage easements and/or facilities and fire access easements and facilities, provided that the required 15-foot drive shall not be deleted or obstructed. 10. If applicable, applicant shall submit to the Planning Division and Engineering Department a map showing all phases of development. 11. Trailers utilized during the construction phase shall be approved the Planning Division. 12. All signage shall be approved by the City Permit process. 13. Meet all requirements of Riverside County Fire Department for fire protection, as stated in letter dated August 29, 1988, unless modified by the Fire Department (see Exhibit VI) . 14. Meet County Health Department requirements. 15. Meet Regional Water Quality Control Board requirements. 16. The existing access easement from Ortega Highway southerly and along the east boundary of this proposed Tract shall be abandoned and realigned to avoid access onto Ortega Highway. 17. Final map shall show all geologic fault lines with a prominent note, as well as areas sUbject to flood hazards and fire hazards. 18. Applicant will offer Lot "A" to the City for open space purposes, unless other arrangements are made with the city. If the property is not deeded to the city, the City be. given the rights of ingress/egress to that property. 19. Applicant shall obtain slope easements for grading on any adjacent properties prior to final map recordation. These slopes shall contain erosion control planting material meeting adopted City Landscape Guidelines. - 20. Prior to recordation of the final map, the developer shall submit a Fuel Modification Plan and/or Wildlife Fire Hazard Reduction Plan to the Fire Department and the Planning Department for approval. The plans shall be certified by a landscape architect and coordinated with subdivision landscaping plans as necessary. 21. Perimeter fencing shall consist of non-combustible material. All fencing shall be a minimum of six-foot (6') high with the materials to be addressed as part of the fire protection plan and have final approval at building permit stage. Enqineerinq Conditions: 22. Dedicate underground water rights to the City prior to issuance of encroachment permit for off-site improvements (Municipal Code, Title 16, Chapter 16.52.030); document can be obtained in the Engineering PAGE TEN - CITY COUNCIL MINUTES - SEPTEMBER 27, 1988 Department. 23. Sign agreement and cooperate with the City in forming a Lighting and Landscaping District (Resolution No. 86-25, 86-27, 86-36); document can be obtained in the Engineering Department. 24. Submit a letter of verification (will serve letter) to the City Engineering Department, from the applicab1a water district, stating water and sewer arrangements have been made for this project prior to recordation of the map. 25. Provide fire protection facilities as required in writing by Riverside County fire protection. DELETED. 26. Meet all requirements of Title 16 of the Municipal Code regarding public improvements and subdivisions. 27. Meet all requirements of Chapter 15.64 of the Municipal Code regarding flood hazard regulations. 28. Meet all requirements of Resolution No. 77-39 regarding capital improvement fees and engineering plan check fees for subdivisions. f ...J 29. Work done for off-site pUblic work improvements shall be delineated on street improvement plans and be approved and signed by the City Engineer prior to recordation of map. 30. Street plans and specifications shall be prepared by a civil engineer and include signing, striping and street lights. 31. For construction of public work off-site improvements, ~ pay all fees and meet all requirements of encroachment permit issued by the Engineering Department. 32. Enter into a Subdivision Agreement with the City including Labor and Material Bond and Performance Bond for public work improvements prior to final map recordation. 33. Comply with the requirements of Riverside County Flood Control Reports, dated July 24 1985 and June 6, 1986 (see Exhibit IV). 34. Submit Hydrology and Hydraulic Studies, necessary master planning and detailed plans and profiles of the proposed flood control facilities to Riverside County Flood Control District and to the City Engineer for review and approval prior to final map recordation, unless modified by the agency. Provide drainage easements as required by the City Engineer. 35. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards and an agreement shall be entered into with the District for construction, ownership, and maintenance prior to recordation of final map. ~ 36. provisions must be made to effectively and safely collect storm water run-off and debris from the hill areas including, but not limited to, block walls, shelf drain, and debris collectors. 37. Adjacent Tract 20139 to the northeast may be constructed prior to this proposed Tract 20296 Revised. PAGE ELEVEN - CITY COUNCIL MINUTES - SEPTEMBER 27, 1988 Therefore, Tract 20139 would be required to construct the Ortega drainage channel from the northeast side of Grand Avenue to and across ortega Highway. As a result, this proposed Tract 20296 Revised would benefit from and utilize this major drainage channel; therefore, it should contribute to its cost. If the Ortega Channel is constructed by the developer of Tract 20139, this ~ proposed developer of Tract 20296 Revised shall consent to sign an agreement to contribute to the cost of this major ortega drainage structure. 38. Approval of drainage plan for this subdivision is conditioned upon completion of the master plan drainage facility required as a condition of approval of Tentative Tract 20139, together with extension as necessary and required by the City Engineer to serve this proposed subdivision. If Tract 20296 is constructed first, then developer of Tract 20296 Revised shall construct permanent storm drain to southerly boundary of Tract 20139 and construct an interim energy dissipater at end of pipe and interim drainage facilities to Grand Avenue of adequate size not subject to erosion and subject to the approval of the City Engineer. Developer of Tract 20296 Revised shall construct the permanent storm drain improvement under Grand Avenue and enter into an agreement with developer of Tract 20139 for appropriate reimbursement. 39. Dedicate street right-of-way along Ortega Highway to provide a 50-foot wide one-half street right-of-way. Construct street improvements on Ortega Highway from centerline to new right-of-way, subject to Cal Trans approval and standards. TO BE REVIEWED BY CITY COUNCIL PRIOR TO FINAL APPROVAL. 40. Pay Traffic Signal Mitigation fee for future traffic signalization in the~ amount of $225 per lot. 41. Approval from Cal Trans will be necessary for access to Ortega Highway for the 30-foot ingress and egress easement prior to recordation of the final map. 42. Developer shall contribute $143 towards the City Master Entryway Signage Program. 43. Grandview Avenue shall be fully improved within Tract boundary. Grandview shall have a 60-foot right-of-way and shall be constructed with a a 40-foot paved section between curb lines. ~ 44. Tract 20296 Revised shall be provided with a secondary access. Trabuco Drive shall be extended to a public roadway through property to the north. Trabuco Drive off-site shall be within dedicated right-of-way or a minimum 30-foot ingress and egress easement and shall be graded to provide a drivable surface and shall be protected from erosion by storm run-off. 45. Applicant shall obtain drainage acceptance from northerly property owner to accept on-site storm run-off prior to final map recordation. 46. Provide Soils and Geology Report including street design recommendations. Provide final Soils Report showing compliance with preliminary report and finish grade certification. PAGE TWELVE - CITY COUNCIL MINUTES - SEPTEMBER 27, 1988 47. Public improvements to conform with city Code and Riverside County Standard Drawings and Specifications. Elsinore Valley Municipal Water District Condition: 48. Comply with the requirements of the Elsinore Valley Municipal Water District letter dated August 23, 1988, that are applicable to Tract 20296 Revised (see Exhibit V), unless modified by Elsinore Valley Municipal Water District. ~ , 34. Ordinance No. 844. An ordinance of the city of Lake Elsinore repealing certain Code sections and enacting Chapter 8.56 of the Lake Elsinore Municipal Code pertaining to nuisance abatement. city Attorney Harper advised that the proposed amendment would bring more expediency to the abatement process. The new procedure would allow for a city Hearing Officer to require abatement and the appeal process would be to the Planning Commission. The City Clerk reported no written comments or protests. Mayor Winkler opened the public hearing at 8:00 p.m. asking those in favor of Ordinance No. 844 to speak. No one spoke. Mayor Winkler asked those in opposition to speak. Hearing no one, the public hearing was closed at 8:00 p.m. Councilman Washburn questioned the time frame for abatement with this process. city Manager Harper detailed the proposed process which should be complete in approximately two months. Councilman Washburn suggested that the wording on section 8.56.020 (a) (14) be limited to designated parking areas. Community Development Director Miller suggested that this wording is for more long term nuisance situations. He suggested that parking in non-designated areas could be better addressed through the citation process. .... Councilman Washburn expressed support for the Ordinance overall in that he feels it will help to clean up the eyesores in the area. Councilman Dominguez questioned the two year period in section 8.56.020 (a) (2). Community Development Director Miller advised that this time frame would begin with the latest building inspection. City Attorney Harper suggested that this time frame be based on the State building inspection requirement of six months. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT ORDINANCE NO. 844 WITH THE CITY ATTORNEY TO CHANGE THE VERBIAGE IN SECTION 8.56.020 (a) (2) FOR THE SECOND READING. ORDINANCE NO. 844 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE -- REPEALING CERTAIN CODE SECTIONS AND ENACTING CHAPTER 8.56 OF THE LAKE ELSINORE MUNICIPAL CODE PERTAINING TO NUISANCE ABATEMENT. UPON THE FOLLOWING ROLL CALL VOTE: PAGE THIRTEEN - CITY COUNCIL MINUTES ~iSEPTEMBER 27, 1988 AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE - ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE BUSINESS/DISCUSSION ITEMS 51. Commercial Project 88-12 = Fugate Enterprises Pizza Hut). A request to construct a 2,768 square foot drive-through, fast food restaurant on 0.80 acres located on the east side of Casino Drive, approximately 800 feet south of Railroad Canyon Road. Steve Brown, representing the applicant, advised that they are in agreement with all conditions recommended. He also advised that the elevations shown would be improved upon with additional arches. He commented on concerns expressed by staff and the Planning Commission with regard to the skylights and requested Council direction. He advised that it was not possible to recess the skylights below the roof line, according to the architect. Mayor Winkler inquired why they could not be recessed below the roof line. Mr. Brown advised that it involved drainage concerns. Council discussion related to bubble vs. flat skylights and glass vs. plastic. It was the Council consensus that if the skylights were glass with anodized frames to match the rest of the building they would be acceptable. MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO AFFIRM NEGATIVE DECLARATION 88-24 AND ADOPT THE FINDINGS LISTED BELOW: Findings: 1. Subject to the attached conditions, the proposed project is not anticipated to result in any significant adverse environmental impact. 2. The project, as approved, complies with the Goals and Objectives of the General Plan and the Neighborhood Commercial Zoning District. -' 3. The project complies with the design directives contained in Chapter 17.82.060 and all other applicable provisions of the Lake Elsinore Municipal Code. 4. Conditions and safeguards pursuant to Chapter 17.82.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the Objectives of Chapter 17.82.060 and the Planning District in which it is located. AND APPROVE COMMERCIAL PROJECT 88-12 SUBJECT TO THE FOLLOWING CONDITIONS: PAGE FOURTEEN - CITY COUNCIL MINUTES - SEPTEMBER 27, 1988 Planning Division Conditions: 1. Design Review Board approval will lapse and be void unless Building Permits are issued within one (l) year. 2. The drive-thru window requires the approval of Conditional Use Permit 88-10; applicant shall meet conditions of that permit, incorporated here by reference, in addition to these conditions. ~r.'; all -- 3. Applicant shall meet all conditions of approval prior to the issuance of a Certificate of Occupancy and release of utilities. 4. The project shall be constructed in substantial conformance with submitted revised development plans date stamped July 26, 1988, except as modified by conditions herein. 5. Applicant shall comply with all applicable City Codes and Ordinances. 6. 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. 7. All planting areas shall have permanent and automatic sprinkler systems with 100 percent watering coverage. These areas shall be separated from paved areas with a six-inch (6") high concrete curb. Planting within fifteen-feet (15') of the driveway shall be no higher than thirty-six inches (3 6 ") . ..... 8. The applicant shall submit a Master Sign Program for review and approval by the Planning Commission including revision of the illustrated freestanding sign, reducing it substantially in size and height to comply with the requirements of Section l7.94.l80.E. 9. All undeveloped and/or construction areas associated with the site shall be maintained in a safe and neat manner at all times. 10. Construction generated dust and erosion shall be contained in accordance with the provisions of Ordinance No. 636 (Grading) and using best construction practices. Interim erosion control measures shall be taken 30 days after rough grading, as approved by the City Engineer. 11. The trash enclosures shall be constructed per City standards and shall include a trellis, subject to the approval of the Community Development Director. 12. All roof mounted equipment shall be at least six-inches (6") lower than the top of the equipment well and shall be painted and maintained to blend with the roof. Evidence of compliance with this condition shall be __ included in building plans. 13. No exterior roof ladders shall be permitted. 14. 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 PAGE FIFTEEN - CITY COUNCIL MINUTES -~$EPTEMBER 27, 1988 - above the horizontal plane of the fixture. No wall pack lighting systems shall be permitted. 15. Brick pavers or textured pavement treatments shall be laid in bank design across the driveway approach within a ten-foot (10') area adjacent to the property line. 16. All outdoor ground mounted utility equipment, the trash enclosure ana the menu board shall be either architecturally screened or shielded with substantial landscaping, subject to the approval of the Community Development Director or his designee. 17. Applicant shall install suitable drains to collect all surface run-off and contaminants, and no surface drainage shall be permitted to cross public sidewalks. - 18. 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. 19. Skylights and street elevations shall be architecturally hidden, if possible, with the design subject to the approval of the Community Development Director. 20. The color scheme shall be revised to include the use of the color Fawn as the base color and the use of "Pearl White" as the sole accent color. Evidence of these changes shall be included in the building plans. 21. The front door and the windows shall include arch and border treatments consistent with the center theme as illustrated in Exhibit "L". 22. Meet all requirements of the Riverside County Health Department. 23. Meet all requirements of the Riverside County Fire Department. 24. The project shall connect to sewer. 25. Building permits shall not be issued until Tentative Parcel Map 23710 has been recorded. Elsinore Valley Municipal Water District 26. A reduced pressure principle backflow device is required after the service meter. - 27. A sewage grease interceptor and sample box is required for each building with grease interceptor/sample box details and plot plan to be approved by EVMWD. 28. Fire detector check(s) are required for all on-site fire protection facilities. Spring loaded traffic vaults are required. Engineering Department 29. Dedicate underground water rights to the City prior to issuance of building permit, document can be obtained in the Engineering Department. 30. sign agreement and cooperate with the City in forming a PAGE SIXTEEN - CITY COUNCIL MINUTES - SEPTEMBER 27, 1988 Lighting and Landscaping District (Resolution 86-26, 86-27, 86-36); document can be obtained in the Engineering Department. 31. Hydrology and hydraulics study shall be submitted to the Engineering Department for review and approval for re-routing run-off to Casino Drive. 32. 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 permits. 33. Provide street lighting and indicate on street improvement plans as required by the city Engineer. 34. Work done under encroachment permit for off-site improvements shall be delineated on street improvement plans and be approved and signed by the City Engineer prior to issuance of a building permit. 35. Public Works Improvement plans and specifications shall be prepared by a civil engineer and include signing and striping plans and must be approved before issuance of building permits. 36. Post required bonds for public works improvements as established by the City Engineer. 37. Meet all requirements of "Chapter 12.08 of the Municipal Code regarding encroachment permits, Resolution No. 83-748. 38. Meet all requirements of Chapter 16.34 of the Municipal ~ Code regarding public improvements for buildings and sUbdivisions. 39. Meet all requirements of Resolution No. 77-39 regarding capital improvement fees. 40. Meet all requirements of Resolution No. 83-12 regarding installation of improvements as a condition of building permits. 41. Provide fire protection facilities as required in writing by Riverside County Fire Department. 42. Meet all requirements of Ordinance No. 529 (Title 16 of the Municipal Code) regarding subdivisions. 43. The applicant shall cause to be recorded an irrevocable reciprocal drainage, parking, circulation and landscape maintenance easement in favor of all lots, 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. 44. Culvert under Casino Drive and tributary drainage must be provided for before abandonment or vacation of 60' x 20' rectangular parcel. ~ 45. Rectangular parcel (60' x 20') must be abandoned and vacation recorded prior to building permits. PAGE SEVENTEEN - CITY COUNCIL MINUTES~~ SEPTEMBER 27, 1988 y 46. Applicant shall contribute pro-rata share towards, widening San Jacinto River Bridge at Lakeshore Drlve, , traffic signals at Railroad Canyon Road and Casino Drive and City Master Entry Way Sign Program. The contribution will be based on the project's share. of the fees imposed on Tentative Parcel Map 23710 of which this development is a part. Payment of fee at issuance of building permit. 52. Request for Exemption from Lenqth of Stay of Occupants at Elsinore West Marina. Community Development Director Miller explained this request and the State law allowing cities to allow for permanent I occupancy. Ervin Palmer, applicant offered to answer questions from Council and requested their favorable vote. Councilman Buck inquired of staff whether this would allow all such parks in the area to make similar requests. Community Development Director Miller advised that any of these parks may make such a request, however, City Council must review them on a case by case basis. ----- MOVED BY STARKEY, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO GRANT THE REQUEST FOR EXEMPTION AND ALLOW ALL EXISTING SPACES TO BE OCCUPIED ON A PERMANENT BASIS AND DIRECTED STAFF TO MODIFY CHAPTER 15.64 TO ENACT THE PROVISIONS IN THE SUSPENSION NOTICE WHICH WILL EXEMPT TRAILERS AND RECREATIONAL VEHICLES FROM THE ELEVATION REQUIREMENTS. 53. Report on Country Club Heiqhts Advisory Committee. Community Development Director Miller detailed the history of this committee and commented that the committees' work was complicated by the limited clear direction of the objectives. He also commented that much of the same issues are being reviewed by the Title 17 Review Committee. He recommended that the Council either clarify the direction of the committee or consider dissolution of the committee. Councilman Buck commented on behalf of the committee members and expressed concern with problems caused by the adoption of the existing Title 17. He further commented that the concerns originally discussed had not adequately been addressed to date. He suggested that a member of the planning department work with the interested members of the committee to resolve pending concerns. ----- Councilman Washburn questioned the ability of the committee to make recommendations with the general plan work which is underway. He suggested adoption of an overlay zone to address the problems in this particular area. Councilman Dominguez suggested that Councilman Buck work with the residents and report on their progress at the next meeting. Further Council discussion related to alternatives for resolution of the inherent problems of the hillside areas and the next step in pursuing improvement of the Country Club Heights area. PAGE EIGHTEEN - CITY COUNCIL MINUTES - SEPTEMBER 27, 1988 MOVED BY DOMINGUEZ, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE FOR COUNCILMEMBERS BUCK AND WASHBURN TO WORK WITH THE COMMITTEE MEMBERS AND RETURN WITH A RECOMMENDATION ON HOW TO PROCEED. BUSINESS ITEMS 54. Voting Deleqate = Leaque of California C~ties ~nnual Conference. ..... MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO DESIGNATE MAYOR WINKLER AS .THE VOTING DELEGATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE. MOVED BY DOMINGUEZ, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO DESIGNATE COUNCILMAN WASHBURN AS THE VOTING ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE. 55. Second Reading = Ordinance No. 843. Relating to Zone Change 88-4 - Brookstone Development. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT ORDINANCE NO. 843. ORDINANCE NO. 843 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 7.98 ACRES LOCATED ON THE EAST SIDE OF CASINO DRIVE, APPROXIMATELY 800 FEET SOUTH OF RAILROAD CANYON ROAD FROM C-l (NEIGHBORHOOD COMMERCIAL) TO C-2 (GENERAL COMMERCIAL) ZONING DISTRICT (ZONE CHANGE 88-4 - BROOKS TONE J DEVELOPMENT) . .... 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 None. CITY COUNCIL COMMENTS Councilman Washburn suggested that interested residents become involved in City improvements, events and progress. He also advised that the Rotary Club Bar-be-que will be held on Saturday, October 8 in City Park. Councilman Dominguez thanked Council, Staff and friends for the cards and flowers received during his stay in the hospital. ...t Councilman Starkey commented on Item #52 approved this evening and complimented Mr. Palmer on the improvements he has made. He also advised that the Chamber of Commerce Chili-Cookoff will be held on November 12 at the rodeo grounds. PAGE NINETEEN - CITY COUNCIL HINUTES ~lSEPTEMBER 27, 1988 ADJOURNMENT MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 8:59 P.M. ~~uJ~ JIM WINKLER, MAYOR CITY OF LAKE ELSINORE ~~:' VIG~I L~~' ~ CITY OF:~~~SINORE CLERK - - <- r-