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HomeMy WebLinkAbout07-28-1987 City Council Minutes - I'- Lf) C\J W CD <t - - 377 MINUTES REGULAR CITY COUNCTL MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 28, 1987 ;~,' ",'t' ****************************************************************** 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 Councilman Dominguez. PRESENT: ROLL CALL-: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NONE ABSENT: COUNCILMEMBERS: Also present were City Manager Molendyk, Assistant City Manager Gilbert, City Attorney Harper, Community Development Director Miller, Administrative Services Director Barrick, Public Services Director Kirchner, Executive Assistant Rogers, and City Clerk Kasad. PUBLIC COMMENTS 1. Curly Annis, 33445 Skylark Drive, representing the Airport, spoke in opposition to the abatement proceedings on an airplane hangar to be discussed by the Board of Appeals this date. 2. Michael Deichert, 34608 Farm Road, representing the concerned parents of Jean HaYman School, expressed concern with regard to the impact of the airplane hangar abatement proceedings to be discussed this date on the Jean HaYman School and its funding. CEREMONIALS/PRESENTATIONS Mayor Strigotte read a Proclamation honoring Dave Bulen, Don Burnell, Louise Chadwick, Ron Gearhart and Brian Stephens for their service to the City and its residents in the capacity of Public Safety Commissioners. A. Mayor Strigotte presented Proclamation honoring Dave Bulen for his contributions and presented him with a City Tile Plaque. B. Don Burnell was unavailable for recognition. C. Louise Chadwick was unavailable for recognition. 378 Page 2 - City Council Minutes - ~~ly 28, 1987 D. Mayor Strigotte presented Proclamation honoring Ron Gearhart for his contributions and presented him with a City Tile Plaque. E. Mayor Strigotte presented Proclamation honoring Brian Stephens for his contributions and presented hi~'with a City Tile Plaque. \'v' CONSENT CALENDAR - The following items were removed from the Consent Calendar for further consideration and discussion: Items la, 3, 6, 9, 10. MOVED BY MATSON, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: b. July 14, 1987 - Regular City Council Meeting. The: following Minutes were received and filed: c. July 7, 1987 - Planning Commission Meeting. 2. Received and filed Investment Report for June, 1987. 4. Approved Letter of Support in response to a request by the Battleship New Jersey Historical Museum Society for issuance of a block of postage stamps honoring the Iowa Class Battle- ships, as requested by Mayor Strigotte. Authorized Mayor Strigotte to submit a formal request for a Centennial Postmark to commemorate the City's Incorporation. - , 5. 7. Approved further discussions by staff for acquisition of property for use as a Corporate Yard site. 8. Approved Proposal to Revise Circulation Element of the General Plan received from Manee Consultants Planning and Environmental Services. 11. Granted Final Approval to Tract Map 18719-5 located west of Robb Road and north of Mountain Street. 12. Approved date of August 11, 1987 for public hearing of: a. Zone Chanqe 87-5 = Brookstone Investors A request to change the zoning from RRO (formerly a County designation) to C-2 (General Commercial). The project is located on a 2.19 acre site comprised of nine (9) contiguous parcels of land on the northerly side of State Highway 15 and is bounded by Allen, Central and Dexter. - ITEMS PULLED FROM CONSENT CALENDAR 1. Minutes a. July 9, 1987 - Adjourned City Council Meeting/Joint Meeting with the Redevelopment Agency. - ('- Ln C\J W OJ <t - - 379 Page 3 - city council Minutes - July 28, 1987 Mayor Strigotte questioned the Motion relating to exemption of occupied dwelling units from emi~ent domain proceedings. There was some confusion as to the use of the words "owner occupied". Mayor Strigotte indicated that the wording he had intended was 1 "owner/occupied" or "owner or occupied". .,,:" MOVED BY STRIGOTTE, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO CONTINUE APPROVAL OF THE MINUTES TO AUGUST 11, 1987, SO THE MEETING TAPES CAN BE REVIEWED. 3. Claim submitted by Rene Rich. Councilman vermillion advised that he felt that Mr. Rich's claim was justified, so he would be voting against staff's recommendation. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 4 TO 1 WITH VERMILLION CASTING THE DISSENTING VOTE TO REJECT CLAIM SUBMITTED BY RENE RICH AND REFER TO INSURANCE CARRIER. 6. Adopted Resolution No. 87-47 to Implement Change of Street Name from Casino Drive to vista Del Lago. Councilman Vermillion expressed concern with the proposed name change, in that he felt that this was a help for people trying to locate the Casino. Mayor Strigotte explained that the Casino was actually located on Malaga Road which in the future would be changed to Casino Drive for that reason. Councilman Dominguez clarified that the change of Malaga to Casino Drive would take a bit more time due to the fact that a portion of Malaga was in the County area and would require their approval. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY A VOTE OF 4 TO 1 WITH VERMILLION CASTING THE DISSENTING VOTE TO ADOPT RESOLUTION NO. 87-47. RESOLUTION NO. 87-47 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CHANGING THE NAME OF CASINO DRIVE. 9. Mayors' & Councilmen's Conference - August 12, 1987 - Request to Allow the Use of Alcoholic Beverages. Mayor Strigotte advised that he feels such an event can be held without serving alcohol. He felt that with cities funding programs such as suicide prevention and drug abuse prevention it would not be appropriate to serve alcohol. MAYOR STRIGOTTE MOVED TO DENY REQUEST TO SERVE ALCOHOLIC BEVERAGES, .. MOTION DIED FOR LACK OF A SECOND. ;~:, MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY A VOTE OF 4 TO 1 WITH STRIGOTTE CASTING THE DISSENTING VOTE TO APPROVE REQUEST TO SERVE ALCOHOLIC BEVERAGES. 10. Letter of Intent - Santa Ana Watershed Project Authority. Councilman Vermillion expressed concern that negotiations with SAWPA are being utilized as a means to divert attention from the Lake Management Plan. 380 Page 4 - City Council Minutes - July 28, 1987 Councilman Winkler advised that he would be abstaining from vote on this matter, since he is awaiting advice trom the Fair Political Practices Commission on potential conflict of interest. MOVED BY MATSON, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 3 TO 1 WITH VERMILLION CASTING THE DISSENTING VOTE AN~'WINKLER ABSTAINING TO APPROVE LETTER OF INTENT FOR TRANSMITTAL. PUBLIC HEARINGS - 31. Tentative Tract Ma? 17413, Revision i! = Canyon Lake Hills A request to revise a previously approved Tentative Tract Map to divide approximately 1,003 gross acres into 857 Single-Family Residential lots with 172 acres of associated recreation and open space uses as part of the approved Canyon Lake Hills Specific Plan, located one half mile north of Railroad Canyon Road and west of Canyon Lake within Section 3 T6S R4W. Community Development Director Miller advised this is a minor revision to the physical design of the Tentative Tract previously approved pursuant to a Development Agreement signed by the City in 1980, and in effect for a period of 20 years. The major issues being addressed by this revision include park improvements, public vs. private streets, dedication of a fire site and school site, and provision of fire equipment. The entire development authorized by the Development Agreement is 2000 units, with this first phase being 857 units. Agreement to be completed at a later date. Currently _ proposed revisions include the cul-de-sacing of several streets, realignment of the street on the western perimeter for improvement of lot siting and reduction of the number of street intersections on the major arterial streets, and expansion of a number of lots to provide minimum 50 foot wide lots and larg~r building pads. Mr. Miller further advised that the conditions have been reviewed and clarified to better reflect he understanding between the applicant and the city. In particular, the proposed access to Appaloosa Court, a private street in Canyon Lake, has been discussed with the Fire Department and the issue of access resolved so this tie-in will not be necessary. The issue of private vs. public streets has been discussed and the developer is willing to privately maintain them, if he is able to sign and control access to them. Circulation has been designed so there would be access to the school site and fire station site in the mid-section of the development. Specific concerns relating to easements for surrounding property owner access would be best addressed by the developer and property owners, as the .~~ areas in question are outside the City limits and not within our jurisdiction. The Planning Commission has unanimously recommended approval of this project. - Mayor Strigotte opened the public hearing at 7:35 p.m. The City Clerk reported no written comments or protests. Mayor Strigotte asked anyone in favor of the project to speak. The following person spoke: - r'- LD C\J W en <C - - 381 Page 5 - city council Minutes - J~ly 28, 1987 Roy June, Attorney for the development, advised that the owner and engineers are in agreement with the proposed conditions, and offered to answer any questions. Mayor Strigotte asked anyone in opposition of the prqject to speak. The following people spoke: .~, '\;' Grant M. Olewiler, property owner in Canyon Lake and representative of the property owners association, advised that with the Fire Departments concurrence that access to Appaloosa Court was not necessary, all of their concerns have been mitigated. John Zagwolski, 104 Calle Bella Loma, San Clemente, expressed concern with easements to his property on the north side of Canyon Lake. He requested that he be notified of any meetings relating to this issue as it may directly affect his 5 acres. Mayor Strigotte requested that he provide his addressed to the City Clerk so he can be notified. Bob Lanier, Temescal Water Company, questioned if utility companies had been contacted regarding this plan. Community Development Director Miller advised that the plan had been provided to a variety of agencies for review, however he did not believe Temescal Water Company was one of them. Mr. Lanier advised that his company owns a major transmission line which runs through that tract. Mayor Strigotte ~ directed staff to work with them to be sure their easements are documented. Everett Manfredi, 3104 Riverside Drive, questioned easements and access to outlying parcels. Requested that roads be included to outside areas for access. Mayor Strigotte closed the public hearing at 7:40 p.m. Community Development Director Miller clarified that the road around the perimeter of the development, designated as "vv" on the plan, would be a pUblic street, however easements to the outlying parcels would be granted through negotiations between the developer and the property owners. Any negotiation on the City's part would be difficult as this area is outside the City limits and the City does not know what the original subdivision arrangements were. Mr. June advised that the developer has every intention of providing access to areas indicated on the tentative map, however, he requested that a temporary restriction of access be allowed until that property is developed. He also advised that they would like to negotiate with the surrounding property owners in hopes of getting some contri- bution toward public improvements. Council expressed numerous concerns relating to economic/ fiscal impacts of the development, access and circulation, provision of school site and fire station site, public vs. private streets, mining activities in the area, establishment of an improved park, bonding of public improvements, and the gated community concept. Council also discussed alternatives for further consideration of this matter. City Manager Molendyk suggested time be allowed for staff to review and address additional concerns expressed by Council, and set a special session after that information is compiled. 382 Page 6 - City Council Minutes -July 28, 1987 City Attorney Harper clarified 'that this is a public hearing'"' which would need to be reopene& and continued to a date certain. Mayor Strigotte reopened the public hearing at 8:16.p.m. '~', MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMO~' VOTE TO CONTINUE THE PUBLIC HEARING TO AUGUST 11, 1987. 32. Tentative Parcel Map 22613 = Elden W. Bainbridge' ......, A request to redivide three (3) existing parcels into three (3) parcels of .5, .5, and 5.4 net acres in size, located in a "C-l" Neighborhood Commercial Zoning District adjacent to the northwest corner of Riverside and Lakeshore Drives. Community Development Director Miller introduced the project and advised that this parcel reconfiguration has been unanimously recommended for approval by the Planning Commission. Mayor Strigotte opened the public hearing at 8:18 p.m. The.. City Clerk reported no written comments or protests. Mayor Strigotte asked that those people in favor of Tentative Parcel Map 22613 speak. Hearing no one, he asked those in opposition to speak. No one spoke. Mayor Strigotte closed the public hearing at 8:19 p.m. Councilman Matson expressed concern with continued strip commercial development. He suggested that Council adopt a policy with regard to small commercial centers that would require continuity of design and layout with other adjacent properties. Mayor Strigotte expressed concern with strip commercial development particularly in this area. He stated that Four Corners is an important intersection in this community. - Community Development Director Miller clarified that most of these concerns are addressed by the recently revised Zoning ordinance. He also advised that this particular development has already been required to provide consistency of design and a plan for circulation. MOVED BY MATSON, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT FINDINGS LISTED BELOW; Findinqs 1. The proposed parcel map is consistent with the General Plan. 2. The proposal complies with all applicable standards of development presently in effect in the City of Lake Elsinore. __ 3. There are no significant environmental impacts associated with the present proposal. 4. The site is physically suitable for the implied type of development. I"- U) C\I W CD <I: - - 383 Page 7 - city council Minutes - July 28, 1987 5. No substantial environmental damage or serious pUblic health problems are likely to occur as a resul:.t of the types of development anticipated by the present proposal. 6. No conflict with any identified public easements is anticipated. ,? ADOPT NEGATIVE DECLARATION 87-18; AND APPROVE TENTATIVE PARCEL MAP 22613 SUBJECT TO CONDITIONS LISTED BELOW. Conditions 1. Tentative Parcel Map 22613 will expire in two (2) years from date of approval. 2. Any alterations of topography or ground surface, or any other alterations to the site as preparation for future development shall be subject to appropriate permits, independent of approval of Tentative Parcel Map 22613. 3. Any permitted use of any part of the proposed parcels as a staging area for the development of any part of Tentative Parcel Map 22613 will be conditioned subject to the approval of the Community Development Director with regard to mitigation of (but not limited to ) on- and off-site drainage, erosion, noise, light and glare, traffic and parking and storm water drainage impacts as a result of development preparations and implementation. Engineering Department Conditions 4. Meet all requirements of Ordinance No. 571 (Chapter 12.08 of the Municipal Code) regarding encroachment permits. 5. Applicant shall submit improvement plans and provide for full street improvements pursuant to the requirements of Ordinance No. 572 (Chapter 16.34 of the Municipal Code) regardin9 public improvements for buildings and subdivisions ."'- 6. Meet all requirements of Ordinance No. 636 (Chapter 15.72 of the Municipal Code) regarding grading. 7. Meet all requirements of Ordinance No. 529 (Title 16 of the Municipal Code) regarding subdivisions. 8. Meet all requirements of Resolution No. 83-78 regarding fees for encroachment permits. 9. Meet all requirements of Resolution No. 77-39 regarding capital improvements fees and engineering plan check fees for other than subdivisions. 10. Meet all requirements of Resolution No. 85-26 regarding engineering plan check and inspection fees for subdivisions, lot mergers, and lot line adjustment. '~"> 11. Dedicate underground water rights to the City of Lake Elsinore or its assignee per Ordinance No. 529. 12. Provide Hydrology and Master Plan of drainage of this area prior to Final Map submittal. 13. City Engineer shall determine final drainage system including necessary drainage easement based on Condition 12. 384 Page 8 - City Council Minutes - JUly 28, 1987 14. Drainage from Parcel 1,2,and 3 shall be taken to existing storm drainage system in Lakeshore Drive without surface drainage. 33. Zone Chanqe 87-4 = Rodnev ~ Pence "..:" A request to change the zoning from R-3 (High Density Residential) to R-2 (Medium Density Residential) in order to bring the zoning into compliance with the General Plan. In addition the project includes a Lot Line Adjustment and a Residential Project (R 87-3) to develop four (4) two (2) unit duplexes, totaling 8 units. Each unit shall consist of 1,104 square feet. The project is proposed on a .75 acre site located on the north side of Lincoln street 103 feet west of Robin Drive. -- Community Development Director Miller clarified that the actual Residential Project would be considered under business items, and that this was only the Zone Change. The City Clerk reported no written comments or protests. Mayor Strigotte opened the pUblic hearing at 8:35 p.m. asking those people in favor of the zone change to speak. Randy stewart, project manager requested Council support of the project. Mayor Strigotte asked those in opposition to speak. Hearing no one, the public hearing was closed at 8:36 p.m. MOVED BY DOMINGUEZ, SECONDED BY MATSON AND CARRIED BY UNANIMOUS VOTE TO ADOPT FINDINGS LISTED BELOW; __ Findinqs 1. The proposed project is not anticipated to have a significant adverse impact on the environment. 2. The present zorting designation of R-3 (High Density Residential) is not consistent with the General Plan Designation of Medium Density. - 3. The proposed Zone Change from R-3 (High Density Residential) to R-2 (Medium Density Residential) 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 and Zoning Laws. ADOPT NEGATIVE DECLARATION 87-16; APPROVE ZONE CHANGE 87-4; AND ADOPT ORDINANCE NO. 816. ;~..c..:;: ORDINANCE NO. 816 ......, AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 0.75 ACRES LOCATED ON THE NORTH SIDE OF LINCOLN STREET, APPROXIMATELY 103 FEET WEST OF ROBIN DRIVE, FROM R-3 (HIGH DENSITY RESIDENTIAL) TO R-2 (MEDIUM DENSITY RESIDENTIAL) ZONING DISTRICT (ZONE CHANGE 87-4 - RODNEY G. PENCE). 385 Page 9 - city council Minutes -July 28, 1987 UPON THE FOLLOWING ROLL CALL VOTE: ~ AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE ~"". J NOES: COUNCILMEMBERS: NONE ~J ~ ~' ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 34. Refuse Collection Rate Increase Resolution to implement increased rates for refuse collection and disposal. ~ ~ N W m ~ Assistant City Manager Gilbert explained that this increase is a result of the MSI Report. The City Clerk reported no written comments or protests. Mayor Strigotte opened the public hearing at 8:38 p.m. aSking those in favor of the increase to speak. No one spoke. Mayor Strigotte asked those in opposition to speak. Lee Allen, 270 Avenue 9, expressed concern that this increase was too close to the last increase. He suggestetl that the entire program be reviewed and renovated so such frequent increases would not be necessary. ~ Mayor Strigotte explained that the last increase was a pass-thru by the County and the city had no control over the matter. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 87-48. RESOLUTION NO. 87-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REVISING RATES AND CHARGES FOR COLLECTION AND DISPOSAL OF REFUSE. THE CITY COUNCIL RECESSED AT 9:40. THE CITY COUNCIL RECONVENED TO THE BOARD OF APPEALS HEARING AT 9:45 P.M. BOARD OF APPEALS ~ A. Appeal of Abatement Order for Aircraft Hangar located at 20701 Cereal Street - Lake Elsinore Airport, Inc. (Continued from May 26, 1987). Community Development Director Miller highlighted prior processing on this abatement proceeding and the steps the City has undertaken to resolve the problem. Also listed types of improvements which would currently be necessary to upgrade the hangar. Mayor Strigotte asked if a representative of the airport was present. No representative was present. Councilman Winkler addressed comments from the public comments portion of the meeting with regard to the City's 386 Page 10 - City Council Minutes -~~uly 28, 1987 attempts to resolve problems at the airport and it's impact on the Jean Hayman School with regard to funding. Mr. Winkler also expressed concern with the lack of cooperation on the part of the Haskell's and people utilizing the airport following a great deal of work to negotiata, a solution with them. He also detailed the contacts tne City has made with State officials to resolve the funding \v' problems Jean HaYman School is encountering due to the airport. Councilman Vermillion commented that he felt the problems with individual pilots and improvement of runways should not be included as part of hangar abatement process He also felt that the conditions imposed on the airport were too much of a financial burden. ...- Further Council discussion related to the cost of improvements and upgrades being required of the airport owners. Councilman Dominguez commented that agreements had been reached between the committee and the Haskell's, however it appears they are not willing to cooperate. He suggested that the City proceed with the abatement. City Attorney Harper clarified the process being dealt with and that the conditions were not a part of the abatement proceedings. The conditions pertain to the Conditional Use Permit. Councilman Matson requested clarification of a letter received from the school district with regard to these proceedings, and what the impact of a Council decision would be. ...- David Struthers, President, Board of Trustees of the Lake Elsinore School District, clarified that they were only requesting that the matter be postponed so they can study the material and determine the impact on the school funding. Mayor Strigotte commented that he felt it was objectionable that the school board would suggest that the Council postpone the hearing and keep the pending situation over the heads of the Council, when they have worked and negotiated on this for quite some time. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 4 TO 1 WITH VERMILLION CASTING THE DISSENTING VOTE TO DENY THE APPEAL AND CONTINUE WITH ABATEMENT PROCEEDINGS. B. Appeal of Condemnation of Structures located at 113, 115, and 117 South Main Street - Gai Thompson. Community Development Director Miller showed slides of the conditions existing in the subject buildings, including plant growth inside the buildings, and new construction being done without permits. He gave a brief summary of the past actions relating to this matter. Mr. Miller also explained that since these buildings were built prior to 1933, they were required to include specific reinforcements to the building to meet current earthquake standards. Richard Keller, attorney for Gai Thompson, provided new photographs of the existing buildings and improvements being made by the appellant. He explained the difficulties they .... - I"- Lf) C\I W (]) <I: - - 387 Page 11 - City Council Minutes - July 28, 1987 are encountering in their attempts to locate a set of original plans for use by a structural engineer i~ providing an analysis of the building. Gai Thompson, appellant, explained that the building @t 113 has been upgraded with permits and she is now attempting to get permission to refurbish 117. Ms. Thompsoh suggested that Council go over and view the improvements she has completed so they will know the work that is going into them. She advised that she now has a structural engineer working on the analysis of the building so she can obtain the additional permits. Finally, she requested that she be allowed an extension of time to obtain ~he completed report from the engineer. Community Development Director Miller explained that if the Council sees fit, it could grant an extension of time. Councilman Dominguez questioned if Ms. Thompson was aware of the Cal Poly Study, which requires buildings in the downtown area be built up to current codes at the time they are modified. She verified that she was familiar with it. Councilman Matson inquired what a reasonable time frame would be for her to obtain the engineer's report. Mr. Keller explained that the slow down is currently due to the need to find plans for the building. Mayor Strigotte advised that he objects to the fact that workers have been working at night and on the weekends without a permit to avoid being seen. He suggested that the City proceed with abatement proceedings. Mr. Keller felt that the work was complete on 113 and stressed the need for permits to begin work on 117. He also requested that they be provided information on the earthquake standards which the City is requiring that they adhere to. Councilman winkler_requested an estimate of the time frame which would be reqUired to obtain the structural report. Ms. Thompson explained that she is waiting for the engineer to do the report and she does not know how long it will take. Councilman Winkler advised that he would be willing to grant a continuance based on the time required. City Manager Molendyk suggested a 30 day continuance if the time requirements are uncertain. Ms. Thompson advised that this definitely would not be enough time with the work that is required. Councilman Dominguez inquired if the report was necessary for bringing the building up to code. Mr. Miller explained that the essential part of the report is the stress test to see if the foundation is strong enough for the structure. '~~ MOVED BY MATSON, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO EXTEND APPEAL FOR 60 DAYS WITH ALL PLANS AND REPORTS TO BE SUBMITTED TO THE PLANNING DEPARTMENT DURING THAT TIME, AND IT THE PLANS ARE APPROVED AT THE END OF THAT TIME, AN ADDITIONAL 90 DAYS WILL BE ALLOWED FOR CONSTRUCTION. Mayor Strigotte suggested that the building be cleaned up during the 60 day period also, to correct existing health and safety dangers. 388 Page 12 - City Council Minutes - July 28, 1987 THE BOARD OF APPEALS ADJOURNED AND THE CITY COUNCIL RECONVENED AT 10:15 P.M. BUSINESS ITEMS 51. Residential proiect 87-3 ~ Rodney ~ Pence ,": A request to construct four duplexes on 0.75 acres on the north side of Lincoln Street approximately 103 feet west of __ Robin Drive. Councilman Matson expressed concern wit~ the street view of the development being the garage doors~ Community Development Director Miller clarified that the garages will be off-set with substantial landscaping between the units. Mayor Strigotte questioned the possibilities for changing the placement of the garages for a more pleasing appearance. The Project Manager advised that this would be a complete new plan, however, the off-set of the garages, the landscaping and varied colors on the garage doors should help the view from the street. Councilman Matson requested that the Community Development Director review the plan for alternatives to improve the appearance of the development from the street. MOVED BY MATSON, SECONDED BY VERMILLION AND CARRIED BY UNANIMOUS VOTE TO ADOPT FINDINGS LISTED BELOW; Findinqs 1. Subject to the attached conditions, the proposed project __ is not anticipated to result in any significant adverse environmental impacts. 2. This project, as approved, complies with the Goals and Objectives of the General Plan and the Medium Density Residential Di~trict. 3. This project complies with the design directives contained in Chapter 17.82.060 and all 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 property 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 RESIDENTIAL PROJECT 87-3 SUBJECT TO THE FOLLOWING CONDITIONS. ;;';"?:---j Conditions 1. Design Review Board approval will lapse and be void unless building permits are issued within one (1) year. -- 2. A revised site plan and building elevations implementing all Conditions of Approval shall be submitted for building plan check. 3. Applicant shall meet all Conditions of Approval prior - f'- LD C\I W (l) <[ - ,- S89 Page 13 - City council Minutes -_July 28, 1987 to the issuance of a Certificate of Occupancy and release of utilities for any units. 4. All site improvements by constructed as indicated on the approved plot plan and elevations and/or as, , modified by these conditions of approval or the""' Planning Commission through subsequent action. ,'v' 5. 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. 6. Applicant shall meet all applicable City Codes and Ordinances. 7. Meet all County Fire Department requirements for fire protection or alternative requirements as modified in writing by the Fire Marshal. 8. All undeveloped and/or construction areas associated with the site shall be maintained in a safe and neat - manner at all times. 9. 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. 10. Applicant shall provide a detail with the building plans showing the mailboxes. These boxes shall be subject to the approval of the Postal service and the Director of Community Development or his designee. 11. Final Landscaping and Irrigation Plans shall be submitted for review and approval with building plans. These plans shall be upgraded to include the introduction of different plant species for each unit. The revised plan shall also include increased foundation landscaping of varying heights and a variety of design with special attention being taken to breaking up the solid stucco walls along the side elevations of the garages and to differentiate the different buildings. In addition accent trees shall be planted between each unit. The entire rear yard area shall be planted with turf or similar treatments. 12. A revised Drainage and Grading Plan shall be included in building plans directing all drainage toward the driveways. On-site surface drainage shall not cross sidewalks. This plan shall be approved prior to the issuance of a Certificate of Occupancy. 13. The garage shall be elongated three feet (3') to provide for 20' X 20' clear space garage with the water heater, washer and dryer located across the rear wall or alternative design to be approved by the Community Development Director In addition garage doors shall receive different colors and treatments to differentiate the buildings. 14. All ground support air conditioning units, gas meters, electrical boxes or other mechanical equipment 390 Page 14 - City Council Minutes ~-July 28, 1987 incidental to development shall be screened so that they are not visible form neighboring properties or public streets. 15. Applicant shall submit a Fencing Plan to separate the . .. . " .j... ~ 1nd1v1dual un1ts and create separate rear yards for each unit. These fences shall be six foot (6') higftv' solid wood fences. 16. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore School District and to the Lake Elsinore High School District have been paid. ...- 17. Prior to Certificate of Occupancy, applicant shall pay all Capital Improvement and Park-in-lieu fees in effect at the time of building permit issuance. 18. The address (in numerals at least four inches (4") high) shall be displayed near the entrance and be visible from the front of each unit. 19. All Conditions of Approval for the entire project ~ shall be met prior to the issuance of a Certificate of Occupancy. 20. All signage to be by permit only and in compliance wi~h Section 17.94.170 of the Lake Elsinore Municipal Code. Elsinore Vallev Municipal Water District Conditions 21. Applicant shall pay water and sewer connections fees prior to building permit issuance. 22. Sewer lateral connection shall be to existing "Y" connections on sewer main. ...- 23. Applicant shall provide plan to relocated existing fire hydrant. New super hydrant to be constructed between structures in right-of-way two and one-half feet (2-1/2') behind curb face. 24. Applicant shall install reduced pressure principle backflow devices for each building. Enqineering Department Conditions 25. Applicant shall construct all off-site improvements per approved street plans (Municipal Code, Title 12). 26. Applicant shall pay all fees for encroachment permit (Municipal Code, Title 12, Chapter 12.08 and Resolution No. 83-78). 27. Applicant shall pay all Public Safety fees for land use projects subject to discretionary approval. 28. Applicant shall dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52.030). 29. Applicant shall sign an agreement for City Landscaping and Street Lighting District (Resolution Nos. 86-26, 86-27, 86-36). 30. Applicant shall install one (1) street light subject to the approval of the City Engineer. .... - I'- Lf) C\I W m <[ - - 39t Page 15 - City council Minutes - July 28, 1987 52. Commercial Prolect 87-4 = Duane ~ Cline, M.D. A request to construct a 718 square foot addition 'to an existing 3,500 square foot medical office facility located at 119 West Sulphur Street in a C-l zone. Community Development Director Miller advisedythat there is a problem with Condition #3 in that it conflicts with the approved Conditional Use Permit #4, which would allow for a temporary parking facility rather than a permanent one. Mayor strigotte stated that he would hope even with a temporary facility it would have an aesthetically pleasing appearance, with more than just tire stops. Dr. Cline confirmed that this would be no problem. MOVED BY DOMINGUEZ, SECONDED BY VERMILLION AND CARRIED BY UNANIMOUS VOTE TO ADOPT FINDINGS LISTED BELOW; Findinqs 1. The project as amended will comply with the Goals and Objectives of the General Plan and the site's applied zoning. 2. The proposed addition, with the recommended reV1S1ons and the attached Conditions of Approval is considered to be in compliance with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. 3. Adequate conditions and safeguards have been incorporated into the approval, of this project, to insure compliance with the Objectives of Chapter 17.82 and the site's applied C-2 zoning. AND APPROVE COMMERCIAL PROJECT 87-4 SUBJECT TO FOLLOWING CONDITIONS. Planninq Commission and Desiqn Review..Board Conditions of Approval 1. Project approval will lapse and shall be rendered null and void one (1) year after the approval date, unless building permits are issued prior to the expiration date. 2. The project shall comply with all applicable City Codes and Ordinances including Fire and Health Department clearance with the rear entry to be redesigned to comply with Building Code requirements and security recommendations. 3. Prior to the issuance of building permits, the applicant shall construct off-site parking facilities to replace existing parking and to provide for additional parking in compliance with Conditional Use Permit 87-4 (Conditions follow). ',(:5 4. The parking facilities, to the rear of the office site, shall be revised to provide a trash enclosure and a handicapped parking stall in accordance with City, County, State standards as per plot plan. 5. In order to provide adequate handicapped access, the applicant shall repave the on-site parking/circulation areas to the satisfaction of the Chief Building Official. 392 Page 16 - City Council Minutes - July 28, 1987 6. The applicant shall utilize fire retardant cedar shake roof materials with all roof-mounted equipmen~ to be screened as an integrated part of the structures's architectural design. 7. The air conditioner units and other utility equipment to the rear of the structure shall be adequately screened as indicated on the submitted plans to the satisfaction of the Community Development Director. Conditions - Conditional Use Permit 87-4 (Included by Condition #3 above) - 1. This Conditional Use Permit is valid only to serve an intended addition to the Elsinore Medical Center building not to exceed 800 square feet. Design Review approval for which shall be obtained within two years. Failure to obtain Design Review approval within two years shall invalidate this permit. 2. The approved eight (8) stall parking facility on A.P. #374-263-001, shall be generated and maintained for the sole use of the Elsinore Medical Clinic or the current occupant of the building on A.P. #374-261-012 for a period of forty (40) years or the life of the building, whichever is less. This arrangement may be terminated through the provision of eight (8) parking stalls in an alternative location adjacent to the building, or by paYment of an adopted in-lieu fee subject to the approval of the Community Development Director. An easement encumbering A.P. #374-263-001 for this purpose and under these conditions shall be recorded by the present owner. At such time as the applicant __ obtains title to the property, these conditions of approval shall be recorded as an instrument upon A.P. #374-263-001 to serve as notification to any future owners of the requirement to provide parking for the purpose and under the conditions of this Conditional Use Permit. 3. Prior to issuance of building permits for any additions to the Elsinore Medical Clinic building on A.P. #374-262-012, the applicant shall obtain a "Parking Lot Permit" for this eight (8) stall facility, which shall be approved by the Community Development Director, or his designee. 4. In-lieu of surfacing, curbing or landscaping improvements, a dual signature Certificate of Deposit in the amount of $10,000 shall be provided by the applicant, with provisions of unilateral access by the City of Lake Elsinore for completion of all required improvements at any time after May 1, 1989, should these improvements not be completed prior to that date. In .~~ all other ways the parking facility shall be constructed to meet the standards of the City Parking Ordinance 17.66. -- 53. Amendment to the Contract for Refuse Collection and Disposal Rate. Changes pursuant to the M.S.I. Report. MOVED BY MATSON, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE AMENDMENT TO CONTRACT. - I"- LD C\I W CD <.t - - 393 Page 17 - City council Minutes ~~July 28, 1987 54. AB1637 = One-Half Cent Sales Tax for Trans?ortation Continued from July 14, 1987. Paul Blackwelder"Transit "'''l t . Transportation Comm~ss~on provide clarification ~t City Manager Molendyk introduced Coordinator for Riverside County to answer specific questions and this legislation. Councilman Matson questioned how the City could be sure that the proposed funding would come to us and not get deferred to other projects, and what any limitations on the funds might be. Mr. Blackwelder explained that the legislation is very specific on the allowable uses for the funding. He added that the formula had already been set up and the only stipulation is that the City proceed with the same amount of funding we would normally expend for street improvements. MOVED BY MATSON, SECONDED BY WINKLER AND CARRIED BY A VOTE OF 4 TO 1 WITH VERMILLION CASTING THE DISSENTING VOTE TO DIRECT STAFF TO PREPARE LETTERS OF SUPPORT. 55. ~- Amendments to Personnel Rules and Requlations Resolution No. 87-49. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 87-49. RESOLUTION NO. 87-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA AMENDING THE PERSONNEL RULES AND REGULATIONS. 56. MOU/Resolution = General Emplovees Barqaining Unit Resolution No. 87-50. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 87-50. RESOLUTION NO. 87-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING RESOLUTION NOS. 86-44 AND 87-16 REGARDING COMPENSATION FOR ALL GENERAL EMPLOYEES OF THE CITY AND ADOPTING REVISED COMPENSATION BENEFITS FOR SAID EMPLOYEES. 57. Report on Development Requirements, Environmental Impact Reports, and Economic Impact of Development As requested by Mayor Strigotte. MOVED BY MATSON, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO DEFER THIS MATTER TO AUGUST 11, 1987. 894 Page 18 - City Council Minutes --July 28, 1987 58. Council Committee Report on Elsinore Valley Municipal Water District Sewer/Water Rates. ~ As requested by Mayor Strigotte. :~ . Councilman Winkler advised that the next committee-meeting would be on Monday, August 3, 1987, and currently \,'\}' E.V.M.W.D. staff is gathering the information requested by the committee. He also advised that E.V.M.W.D. would be forming a 20 member Blue Ribbon Committee to study rates. He suggested anyone interested in participating on the Committee contact the E.V.M.W.D. office. ...., 59. Ordinance No. 808 = Second Readinq = Vehicles i Traffic MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO ADOPT ORDINANCE NO. 808. ORDINANCE NO 808 AN ORDINANCE OF THE CITY OF LAKE ELSINORE REPEALING TITLE 10 OF THE LAKE ELSINORE MUNICIPAL CODE AND ADOPTING A NEW TITLE 10 ENTITLED VEHICLES AND TRAFFIC. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE -- ABSTAIN: COUNCILMEMBERS: NONE 60. Ordinance No. 814 = Second Reading = Penalty for Violations MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO ADOPT ORDINANCE NO. 814. ORDINANCE NO. 814 AN ORDINANCE OF THE CITY OF LAKE ELSINORE AMENDING TITLE 1 OF THE LAKE ELSINORE MUNICIPAL CODE BY REPEALING CHAPTER 1.16 AND ADDING A NEW CHAPTER 1.16 ENTITLED "PENALTY FOR VIOLATION". UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE -- CITY MANAGER COMMENTS Update on Public Works Projects. City Manager Molendyk advised that the projects reported on last meeting are continuing in a timely manner, and he would provide a more in depth report at the next meeting. - I'- Ln C\I W (D <t - - 395 Page 19 - City Council Minutes - July 28, 1987 CITY COUNCIL COMMENTS Mayor strigotte advised that there was a need for a Closed Session. He suggested that Council recess to a time following the Redevelopment Agency and L.E.T.S. meetings. Council concurred. ..,~- THE CITY COUNCIL MEETING RECESSED AT 10:45 P.M. THE CITY COUNCIL RECONVENED AT 10:49 P.M. CLOSED SESSION THE CITY COUNCIL ADJOURNED TO CLOSED SESSION TO DISCUSS A MATTER OF POTENTIAL LITIGATION AT 10:50 P.M. THE CITY COUNCIL RECONVENED AT 10:59. NO ACTION WAS TAKEN. ADJOURNMENT MOVED BY MATSON, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 11:00 P.M. ~~/E~ CITY OF LAKE ELSINORE Arr;TEST: C) \ ... ~) 'J~~~~LERK CITY OF LAi<EiJELSINORE Jt;;:,