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HomeMy WebLinkAbout01-27-1987 City Council Minutes - f'- LD C\J W (J) <:( - - 22;5 MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 27, 1987 ~**************************************************************************** CALL TO ORDER The regular meeting of the City Council was called to order by Mayor Strigotte at 7:00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Eagle Scout Kevin Peterson. ROLL CALL PRESENT: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Mo1endyk, Assistant City Manager Gilbert, City Attorney Harper, Community Services Director Miller, Administrative Services Director Barrick, Public Services Director Kirchner and City Clerk Oliver. PUBLIC COMMENTS - None. CEREMONIALS A. The City Clerk administered the Oath of Office to Allen P. Baldwin, City Treasurer. B. Mayor Strigotte presented a Proclamation to Scout Kevin Peterson, honoring him on achieving the rank of Eagle Scout. C. Mayor Strigotte presented awards to members of the Lake Elsinore Valley Soccer Club All Star Soccer Team who took second place in the President's Cup Tournament. CONSENT CALENDAR MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED UNANIMOUSLY TO APPROVE THE ENTIRE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. December 17, 1986 - Special City Council Meeting b. December 23, 1986 - Regular City Council Meeting c. January 13, 1987 - Regular City Council Meeting The following Minutes were received and filed: d. January 6, 1987 - Planning Commission Meeting 2. Received and filed Monthly Investment Report, December 31, 1986. 226 Page two City Council Minutes January 27, 1987 CONSENT CALENDAR - Continued. 3. Approved the request for proposal for annual audit services for the City of Lake Elsinore for a period of three years with a normal cancellation clause. Bids to be opened by the City Clerk and reviewed by the Administrative Services Director. Final contract to be approved by the City Attorney and city Council. 4. Accepted final tract map numbers 19750-1, 19750-2 and 19750-3 and offers of dedication thereon stated. Accepted subdivision agree- __ ments and Instrument of Credit in Lieu of Performance Security Bond for each tract and authorized the City Clerk to record said agreement documents and final maps. 5. Rejected Claim No. 87-1 - Claim for personal damages - Chris Sanchez, and referred to Insurance Administrator. 6. Approved the date of February 10, 1987 for public hearing of: a. Zone Change 86-19 - David J. Huarte - Request to change the zoning from C-P (Commercial Park) to C-2 (General Commercial) on 21.06 acres located between Lakeshore Drive and Walnut Drive and approximately 150 feet northwesterly from the centerline of Fraser Drive. PUBLIC HEARINGS 31. Zone Chanqe 86-20 - Brookstone Investors - Request to change zoning classification from "C-P" (Commercial Park) to "C-2" (General Commercial) on a 4.59 acre site at the northeast intersection of Riverside Drive and Lincoln Street. Mayor Strigotte announced this is the time and place for public hearing of Zone Change 86-20 and opened the public hearing at 7:14 p.m. asking staff to identify the project and give staff recommendations. -- Mr. Miller reported Zone Change 86-20 would bring the zoning designation into conformance with the General Plan, in com- pliance with state law. Staff recommends City Council adopt the findings listed below, adopt Negative Declaration 86-62, approve Zone Change 86-20 and adopt Ordinance No. 783 which implements this zone change. FINDINGS: 1. The proposed Zone Change will not have a significant effect on the environment. 2. The present zoning of C-P (Commercial Park) is not consistent with the General Plan designation of General Commercial. 3. The proposed Zone Change from C-P (Commercial Park) 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, and bring portions of zoning designations in compliance with state planning law. I I ...,j The City Clerk reported no written comments or protests. Mayor Strigotte asked those in favor of Zone Change 86-20 to speak. The fOllowing person spoke: 22'7 Page three City Council Minutes January 27, 1987 PUBLIC HEARINGS - Continued. 31. Zone Chanqe 86-20 - Continued. 1. Steve Brown, 35721 Beach Road, Capistrano Beach, representing the developer, offered to answer any questions regarding the -- project. Mayor Strigotte asked those in opposition to Zone Change 86-20 to speak. Hearing no one, the public hearing was closed at 7:15 p.m. MOVED BY MATSON, SECONDED BY WINKLER AND CARRIED UNANIMOUSLY TO ADOPT THE FINDINGS AND NEGATIVE DECLARATION 86-62, APPROVE ZONE CHANGE 86-20 AND APPROVE FIRST READING OF ORDINANCE NUMBER 783, ORDINANCE NO. 783 I' LD C\I W en <( AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 4.59 ACRES LOCATED AT THE NORTHWEST CORNER OF RIVERSIDE DRIVE AND LINCOLN STREET FROM C-P (COMMERCIAL PARK) TO C-2 (GENERAL COMMERCIAL) ZONING DISTRICT _ (ZONE CHANGE 86-20 - BROOKSTONE INVESTORS). UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER STRIGOTTE NOES: COUNCILMEMBERS: NONE 32. Zone Chanqe 86-21 - Arthur H. Nelson - A request to change the zone from C-P (Commercial Park) to C-2 (General Commercial) on 1.99 acres located on the west side of Riverside Drive, approxi- mately three-hundred (300) feet south of Joy Street. -- Mayor Strigotte announced this is the time and place for public hearing of Zone Change 86-21 and opened the public hearing at 7:17 p.m. aSking staff to identify the project and give staff recommendations. Mr. Miller reported the subject site contains an existing shopping center built in 1984. The proposed change in zoning to C-2 would allow a broader range of commercial activities than permitted under the present C-P designation. However, the permitted activities would be very similar to those previously permitted under the C-P designation of the old zoning code. Therefore, staff recommends City Council adopt the findings listed below, adopt Negative Declaration 86-63, approve Zone Change 86-21 and Ordinance Number 784, which implements this Zone Change. FINDINGS: 1. The proposed Zone Change will not have a significant effect on the environment. 2. The proposed Zone Change from "C-P" (Commercial Park) to "C-2" (General Commercial) is consistent with the goals and policies of the General Plan. 3. The "C-2" zone is consistent with the General Plan Land Use designation of "Mixed Use". 4. "C-2" is a more appropriate zone for the center based on the general commercial character of the types of uses permitted at the time of project approval and those currently existing. The City Clerk reported no written comments or protests. .. 228 Page four City Council Minutes January 27, 1987 PUBLIC HEARINGS - Continued. 32. Zone Chanqe 86-21 - Continued. Mayor strigotte asked those in favor of Zone Change 86-21 to speak. The following person spoke: 1. Steve Brown, 35721 Beach Road, Capistrano Beach, representing Mr. Art Nelson, offered to answer any questions r~garding this project. Mayor Strigotte asked those in opposition to Zone Change 86-21 to speak. Hearing no one, the public hearing was closed at 7:18 p.m. .... MOVED BY MATSON, SECONDED BY DOMINGUEZ AND CARRIED UNANIMOUSLY TO ADOPT THE FINDINGS AND NEGATIVE DECLARATION 86-63, APPROVE ZONE CHANGE 86-21 AND FIRST READING OF ORDINANCE NUMBER 784, ORDINANCE NO. 784 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 1.99 ACRES LOCATED ON THE WEST SIDE OF RIVER- SIDE DRIVE, APPROXIMATELY 300 FEET SOUTH OF JOY STREET FROM C-P (COMMERCIAL PARK) TO C-2 (GENERAL COMMERCIAL) ZONING DISTRICT - (ZONE CHANGE 86-21 - ARTHUR H. NELSON). UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE 33. Amendment 86-3 - City of Lake Elsinore - To amend Section 17.23.060 regarding lot area in R-l Single-Family Residential Districts, to requ1re a transition of lot sizes when abutting property in a lower density zoning district. ..- Mayor Strigotte announced this is the time and place for public hearing of Amendment 86-3 and opened the public hearing at 7:21 p.m. asking staff to identify the project and give staff recommendations. Mr. Miller reported that in October, 1986, certain Councilmembers indicated they would like to see a transition of lot sizes where a new SUbdivision is proposed adjacent to larger lots. A draft Code amendment was prepared and has been studied at length by the Planning Commission, with input from the Building Industry Association and local developers at study sessions and a pUblic hearing. It was generally agreed that specifying an arbitrary standard could create additional undesirable situations and cause inequities. Therefore, general language was incorporated in Paragraph C of Ordinance No. 785 to provide a general policy which could be applied to specific situations. Planning Com- mission and City Council review and approval would be required on a case-by-case basis and would apply to the R-l District only. staff recommends City Council adopt the findings listed below and Negative Declaration 86-60, approve Amendment 86-3 adding Paragraph C to Section 17.23.060 of the Municipal Code and adopt Ordinance No. 785, implementing this change. I I ..- FINDINGS: 1. The proposed project will ~ot result in any significant adverse environmental impacts. f'- LD C\I W CD <t - 229 Page five City Council Minutes January 27, 1987 PUBLIC HEARINGS - Continued. 33. Amendment 86-3 - Continued. FINDINGS - Continued. 2. The proposed Amendment will not be: (1) detrimental to the health, safety, comfort, or general welfare of the persons residing or working within the neighborhood of the proposed Amendment or within the City; (2) injurious to propoerty or improvements in the neighborhood or within the city. 3. The proposed Amendment will be consistent with the latest General Plan. The City Clerk reported no written comments or protests. Mayor Strigotte asked those No one asked to speak. The to Amendment 86-3 to speak. was closed at 7:25 p.m. in favor of Amendment 86-3 to speak. Mayor then asked those in opposition Hearing no one, the public hearing MOVED BY WINKLER, SECONDED BY MATSON AND CARRIED UNANIMOUSLY TO ADD PARAGRAPH "D" TO ORDINANCE NUMBER 785 AS FOLLOWS: "IN THE IMPLEMENTATION OF PARAGRAPH C, ANY CHANGE IN A LOT SIZE WHICH WOULD LEAVE THE LOT AT A SIZE AT LEAST SEVENTY-FIVE PERCENT (75%) THE SIZE OF THE LARGEST ADJACENT LOT, WILL BE PRESUMED APPROPRIATE, ABSENT UNUSUAL CIRCUMSTANCES. ANY APPLICATION TO CHANGE A LOT TO A SIZE LOWER THAN SAID SEVENTY-FIVE PERCENT (75%) STANDARD WILL BE PERMITTED ONLY UPON A SHOWING OF GOOD CAUSE. IT IS THE INTENT OF THIS PARAGRAPH TO SET A STANDARD BUT ALSO TO ALLOW FLEXIBILITY." Lengthy Council discussion followed. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED UNANIMOUSLY TO ADOPT FINDINGS AND NEGATIVE DECLARATION 86-60, APPROVE AMEND- MENT 86-3 AND APPROVE FIRST READING OF ORDINANCE NUMBER 785, SUBJECT TO ADDITION OF PARAGRAPH "D" ABOVE, AND DIRECT STAFF TO PLACE ON THE FEBRUARY 10TH COUNCIL AGENDA A REQUEST TO SCHEDULE A STUDY SESSION TO IMPLEMENT FOLLOW-UP OF ORDINANCE NO. 785, ORDINANCE NO. 785 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 17.23.060 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING LOT AREA IN THE R-l (SINGLE-FAMILY RESIDEN- TIAL) ZONING DISTRICT, TO REQUIRE A TRANSITION OR BUFFER WHEN ADJACENT PROPERTY IS DEVELOPED AT A LOWER DENSITY OR IS IN A LOWER DENSITY ZONING DISTRICT. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE 230 Page six City Council Minutes January 27, 1987 BUSINESS/DISCUSSION MATTERS 51. Ordinance No. 782 - Rezoning certain property from R-l (HPD) To C-2 zoning district - Second Reading. MOVED BY MATSON, SECONDED BY WINKLER AND CARRIED UNANIMOUSLY TO APPROVE SECOND READING OF ORDINANCE NO. 782, ORDINANCE NO. 782 .... AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 5.13 ACRES LOCATED EAST OF MAIN STREET ON THE NORTH SIDE OF CAMINO DEL NORTE FROM R-L (HPD) (SINGLE- FAMILY RESIDENTIAL - HILLSIDE PLANNED DEVELOPMENT OVERLAY) ZONING DISTRICT - (ZONE CHANGE 86-18 - GEORGE AND RUTH KILLIAN) . UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE 52. Variance 86-11 - Duane Cline, M.D. - An appeal of Planning Com- mission denial of request to vary from parking standards to facilitate a building addition at 119 West Sulphur Street. Mr. Miller reported that Dr. Cline proposes to add approximately 800 feet to the rear of his existing building where parking is presently provided. The proposed addition would eliminate three existing parking spaces, leaving two substandard parking spaces. In addition, the code would require four additional parking spaces for the new addition, resulting in a demand for a total of seven additional parking spaces. There is presently a lack of adequate parking in the downtown area and this could contri- bute additional problems. Also, no special circumstances re- lated to physical limitations of the property have been presented to justify a variance. The Zoning Code requires parking to be provided at the time a building is built or extended. Staff recommends City Council adopt the findings listed below and deny Variance 86-11. .... FINDINGS: 1. Special circumstances are not present on the subject property thus granting a variance would promote a special privilege over adjacent properties. 2. Granting of the variance would be in conflict with Section 17.66.010 of the City Code which states it is the City's purpose to provide sufficient off-street parking. 3. provisions have not been made by applicant to provide current off-site parking. Dr. Duane Cline, Director of Elsinore Medical Center, addressed Council, described the project and stated that he could provide additional parking on an acre parcel which he owns directly across from the Medical Center. .... Fred Crowe, Butterfield Surveys, explained the off-site parking which could be provided for this facility. ~ ~ N W m ~ ..... 231 Page seven City Council Minutes January 27, 1987 BUSINESS/DISCUSSION MATTERS - Continued. 52. Variance 86-11 - Continued. Lengthy Council discussion ensued regarding the requirement of bonding for paving of off-site parking lot, then, if secondary building is not completed within a specified time, the bond could be called up and parking lot installed. Discussion also involved the possibility of utilizing reciprocal parking agree- ments, the need to be consistent, other proposed projects adjacent to the medical center, requirement of a Conditional Use Permit, and expediting of the CUP process. MOVED BY VERMILLION TO APPROVE VARIANCE 86-11. MOTION DIED FOR LACK OF SECOND. MOVED BY STRIGOTTE, SECONDED BY DOMINGUEZ AND CARRIED UNANIMOUSLY TO DENY APPEAL OF VARIANCE 86-11, WITHOUT PREJUDICE, BASED ON PLANNING COMMISSION FINDINGS AND STAFF RECOMMENDATIONS. BUSINESS ITEMS 53. Lakeshore Drive - Traffic study regarding the feasibility of returning the portion of Lakeshore Drive between Graham and Main, to a two-way street. Mr. Kirchner reported that, at the request of Council, staff has reviewed the feasibility of returning the one-way portion of Lakeshore Drive to a two-way operation. BSI Consultants, who have made several recent studies of Lakeshore Drive, recommend it be maintained as a one-way operation. Council expressed disagreement with the study and the findings of BSI Consultants. Council referred to specific concerns they had regarding increased traffic flows, increased accident potential and difficulties which might be encountered in turning onto and off of Lakeshore Drive at Graham and Main Street intersections. MOVED BY MATSON, SECONDED BY DOMINGUEZ AND CARRIED TO SEND THE LAKE SHORE DRIVE ISSUE TO THE PUBLIC SAFETY COMMISSION FOR STUDY AND REQUEST THEY MAKE THIS A TOP PRIORITY AND BRING BACK A COMPREHENSIVE REPORT ON ALL THE ISSUES, AS SOON AS POSSIBLE. AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE 54. Public Safety Commission - Discussion regarding status. Mayor Strigotte reported that he met this past week with the Public Safety Commission who have been inactive for the past couple of months. The Commissioners indicated they would be willing to meet informally and study specific issues, without utilizing any staff time. The Mayor would act as liason and bring recommendations from the Commission to Council. They have agreed to study a Suicide Prevention Program and tonight were also directed to study the Lakeshore Drive traffic issue. Also, the Mayor suggested the Com- missioner's terms of office be extended through June 3D, 1987. The City Attorney recommended that in order to extend the Com- missioners terms of office, the Ordinance should be amended. Also, he recommended no action be taken tonight on this issue but that it be placed on the next City Council agenda, pursuant to the recent changes in the Brown Act. 232 Page eight City Council Minutes January 27, 1987 BUSINESS ITEMS - Continued. 54. Public Safety Commission - Continued. Staff was directed to place this issue on the Februay 10 Agenda in order to take action on reactivation of the Public Safety Commission, amendment of the Ordinance and extension of their terms of office through June 30, 1987, as well as to authorize funding through the end of the fiscal year. - CITY MANAGER COMMENTS 1. Requested a Joint study Session be scheduled with Planning Com- mision to discuss low-pressure sodium lighting and General Plan discussion. Council concurred to set the date of February 5, 1987, at 7:00 p.m. 2. Confirmed the date of February 19, at 6:30 p.m. for Study Session regarding Cost Control Report, with Management Services Insti- tute. 3. Commented that he was informed by Assemblyman Clute's office that the Assembly Selection Committee on Aviation will be holding a public hearing on Skylark Airport on March 6 in the morning. Location will be determined at a later time, possibly, they will be scheduling the City Council Chambers for the hearing. CITY COUNCIL ITEMS 1. Schedule Study Session - Lake Management/Pacific Heritage. Coucil concurred to delay setting a date for this Study Session until the February 10 meeting. 2. Schedule Study Session - Mid-Year Budget Review. Council concurred to set the date of February 2, 1987 at 6:30 p.m. for Mid-Year Budget Review. ... CLOSED SESSION COUNCIL ADJOURNED TO CLOSED SESSION AT 9:02 P.M. TO DISCUSS PERSONNEL MATTERS. COUNCIL RECONVENED AT 9:30 P.M. Mayor Strigotte announced that the City Clerk has tendered her resigna- tion effective April 1, 1987. He read from the letter and expressed regret saying that the City would be losing a valuable asset. A committee has been formed consisting of the Mayor, Councilman Winkler, the City Manager and City Clerk, to proceed with placing ads and interviewing candidates to fill this position. ADJOURNMENT MOVED BY VERMILLION, SECONDED BY WINKLER AND CARRIED UNANIMOUSLY TO ADJOURN THE REGULAR MEETING OF THE CITY -- ATTEST: