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Home My WebLink About04-09-1986 City Council Minutes 0446 MINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA WEDNESDAY, APRIL 9, 1986 ..................................................................... CALL TO ORDER The regular meeting of the City Council was called to order by Mayor Valenzuela at 7:01 p.m. - ROLL CALL PRESENT: COUNCILMEMBERS: KNIGHT, MATSON, STRIGOTTE, VERMILLION, VALENZUELA ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Gilbert, City Attorney Harper, Community Development Director Miller, Community Services Director Barrick, City Engineer Keith and City Clerk Money. PUBLIC COMMENTS 1. Paul Tussler, Boy Scout from Troop 36, commented that he would like approval to construct a project which would earn for him his Eagle Scout Badge. The project would involve construction of brick trash can containers on cement bases in Machado Park. MOVED BY MATSON, SECONDED BY STRIGOTTE AND CARRIED UNANIMOUSLY TO APPROVE THE PROJECT AND DIRECT STAFF TO COORDINATE WITH __ PAUL TUSSLER AND BOY SCOUT TROOP 36. ANNOUNCEMENTS Sergeant Grotefend of the Riverside County Sheriff's Department announced that on Tuesday, April 8, around Noon, a violent robbery and assault took place in the Vons/Sav-On shopping Center on Lake- shore Drive. He described the suspects and urged anyone who was in the center between 11:30 and Noon, who might have seen the suspects, to call Detective Dan Miller at 674-2184. PRESENTATIONS A. Earthquake Preparedness Week Mayor Valenzuela read a Proclamation proclaiming the week of April 14 through 19, 1986, as Earthquake Preparedness Week in the City of Lake Elsinore. ITEMS REMOVED FROM THE CONSENT CALENDAR The following items were removed from the Consent Calendar for further consideration and discussion: Item Number 9. -" 9. New Government Center/Site and Space Analy ~ st~y. Mayor Valenzuela commented that, due to th~ tact that two new Councilmembers would be sworn in prior to tbe next t..cuncil business meeting, she felt they should be involved in making the decision regarding this matter. Page two City Council Minutes April 9, 1986 447 ITEMS REMOVED FROM THE CONSENT CALENDAR - Continued. MOVED BY MATSON, SECONDED BY STRIGOTTE AND CARRIED UNANIMOUSLY TO CONTINUE THIS MATTER TO APRIL 22, 1986, AND DIRECT STAFF TO BRING BACK AS A BUSINESS ITEM FOR COUNCIL DISCUSSION. CONSENT CALENDAR ~ MOVED BY MATSON, SECONDED BY STRIGOTTE AND CARRIED UNANIMOUSLY TO APPROVE THE BALANCE OF THE CONSENT CALENDAR, AS PRESENTED. 1. The following minutes were approved: a. March 25, 1986 - Regular City Council Meeting b. March 25, 1986 - Board of Appeals Meeting c. April 1, 1986 - Adjourned City Council Meeting 0 The following minutes were received and filed: 0 M d. March 18, 1986 - Planning Commission Meeting W m e. March 18, 1986 - Design Review Board Meeting ~ 2 . Received and filed the Building Division Monthly Activity Report for March, 1986. ..... 3. Ratified the Warrant List for the month of March, 1986, in the total amount of Four-Hundred-Twenty-Eight-Thousand-Four-Hundred_ Thirteen Dollars and Seventeen Cents ($428,413.17). 4. Adopted Resolution No. 86-18 - Approving Joint Powers Agreement Creating SCJPIA, and superseding Resolution No. 86-13. RESOLUTION NO. 86-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING EXECUTION OF THE JOINT POWERS AGREEMENT CREATING THE SOUTHERN CALIFORNIA JOINT POWERS INSURANCE AUTHORITY AND FURTHER APPROVING PARTI- CIPATION IN ITS JOINT PROTECTION PROGRAM SUBJECT TO THE LIMITATIONS HEREIN CONTAINED. 5. Accepted Grant Deed for Assessors Parcel Number 374-162-012-4 as a portion of the Hamdi settlement, and directed the Finance Director to allocate Five-Thousand Dollars ($5,000) from Reserves. 6. Accepted Tax Deed for purchase of tax-defaulted property, A.P. No. 374-212-005-2, located approximately two-hundred-fifty feet (250') southeast of the intersection of Davis Street and Acacia Drive. ~ 7. Approved Agreement for Deferral of Off-Site Improvements at 17312 Sunnyslope Avenue - Roy and Barbara Smith. 8. Approved plans and specifications and authorized staff to adver- tise for bids to be opened on May 6, 1986, for the Downtown &treets, Alleys and Storm Drain Improvements Project~ 10. Approved adoption of Risk Management Policies and Procedures. 11. Approved the date of April 22, 1986 for public hearing of amendments to the Lake Elsinore Municipal Code: Section 16.34.040B relative to agreements for deferral of public improvements, and c448 Page three City Council Minutes April 9, 1986 CONSENT CALENDAR - Continued. 11. April 22, 1986 Public Hearing Date - Continued. Section 16.34.060A and B relative to water and sewer capital improvement fees. PUBLIC HEARINGS 31. General Plan Amendment 86-1 and Zone Change 86-1 - .... Mr. Miller reported this is a proposal to amend the General Plan Land Use Map to designate 16.50 acres located at the northwest corner of Second Street and Dexter Avenue, as Limited Industrial and pre-zone the property as M-l, Manufacturing District (Assessor's Parcel Numbers 377-090-006, 012 and 013) - Jercha/Bordelon. Staff recommends adoption of three findings, approval of General Plan Amendment 86-1 and Zone Change 86-1 and adoption of Zone Change Ordinance No. 760. The City Clerk reported no written comments or protests. Mayor Valenzuela opened the public hearing at 7:16 p.m. asking those in favor of GPA 86-1 and Zone Change 86-1 to speak. The following persons spoke: 1. Richard Jercha, 29701 Second Street, Lake Elsinore, urged Council to approve this project. 2. Mitchell Bordelon, 18769 Cambrin Street, Lake Elsinore, requested Council approve this project. Mayor Valenzuela asked those in opposition to GPA 86-1 and Zone Change 86-1 to speak. Hearing no one, the public hearing was closed at 7:20 p.m. .... MOVED BY MATSON, SECONDED BY STRIGOTTE AND CARRIED UNANIMOUSLY TO APPROVE GENERAL PLAN AMENDMENT 86-1 SUBJECT TO THE FOLLOWING FINDINGS: 1) An adequate transit circulatory system exists within the surrounding area to service future industrial developments that may locate within this territory. 2) The proposed General Plan Amendment and ZO!~ Change is consis- tent with the long-range plans that have been established at the Interstate 15 Freeway/Second Street locality. 3) Proposal has the potential to assist in encouraging industrial growth and to influence land use patterns that will result in creating jobs and strengthening the City'S economic base with positive spill-over effects to bolster other parts of the local economy. MOVED BY MATSON, SECONDED BY STRIGOTTE AND CARRIED UNANIMOUSLY TO APPROVE ZONE CHANGE 86-1 AND FIRST READING OF ORDINANCE NO. 760, ORDINANCE NO. 760 .... AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING A CERTAIN ZONING STANDARD FOR USE ONLY WITHIN THE AREA DESIGNATED AS THE JERCHA/BORDELON ANNEXATION AREA. UPON THE FOLLOWING ROLL CALL VOTE: Page four City Council Minutes April 9, 1986 PUBLIC HEARINGS - Continued. 449 31. General Plan Amendment 86-1 and Zone Change 86-1 - Continued. AYES: KNIGHT, MATSON, STRIGOTTE, VERMILLION, VALENZUELA NOES: NONE -- 32. General Plan Amendment 86-2 - (Robert Parker) Mr. Miller reported this is a proposal to amend the General Plan Land Use Map from Low Density Residential to Office Professional on approximately five acres located between Avenue 1 and Avenue 7, on the north side of Lakeshore Drive, west of Avenue 1 and, to change the General Plan Land Use Map from Low Density Residential to Neighborhood Commercial on two and one-half acres on the north side of Lakeshore Drive between High Street and Avenue 1. o o M W m ~ Staff recommends approval of General Plan Amendment 86-2 subject to five findings. ~ The City Clerk reported no written comments or protests. Mayor Valenzuela opened the public hearing at 7:24 p.m. asking those in favor of GPA 86-2 to speak. The following persons spoke: 1. Bruce Jordan, 18218 E. MCDermitt, Irvine, California, architect for the proposed project, spoke in favor of the proposal and urged Council approval. Mayor Valenzuela asked those in opposition to GPA 86-2 to speak. The following persons spoke: 1. Karen Willis, 800 Park Way, Lake Elsinore, stated her property is located in the center of the area of the proposed General Plan Amendment. She objects to Office Professional use sur- rounding a residential area, increased traffic congestion, noise and drainage problems. She urged that adjacent residen- tial property be changed, so it would not decrease in value. 2. Kevin Martin, 820 Park Way, Lake Elsinore, does not want commercial area in his back yard, does not want this area to become another Orange or Los Angeles County. 3. Eileen Mantell, 860 Park Way, Lake Elsinore, objects to the congestion which Commercial and Office Professional will create and the impact it will have on adjacent residential properties, including her home. 4. Melody Bonham, 820 Park Way, Lake Elsinore, commented that the increased traffic flow would create a dangerous situation for children and families living in the area. 5. Tony Schiavone, 780 Lake Street, Lake Elsinore, stated his property backs up to this project area and objects to having commercial uses in his back yard. 6. Annie Johnson, 249 South Harvard Boulevard, Los Angeles, plans to retire in Lake Elsinore, on property adjacent to this project. 7. Phil Willis, 800 Park Way, Lake Elsinore, commented on poten- tial increase in traffic on High Street and Avenue 6 . Currently, the intersection of High Street and Lakeshore Drive is extremely dangerous. Increased traffic would make the situation disastrous. ..... Mayor Valenzuela closed the public hearing at 7:40 p.m. 450 Page five . City Council Minutes April 9, 1986 PUBLIC HEARINGS - continued. 32. General Plan Amendment 86-2 - (Robert Parker) - Continued. Lengthy Council discussion followed and it was determined that the project contained too many unanswered questions. MOVED BY MATSON, SECONDED BY STRIGOTTE AND CARRIED UNANIMOUSLY TO DENY GENERAL PLAN AMENDMENT 86-2. 33. Zone Change 86-5 -(Robert Parker) Mr. Miller reported this project is related to General Plan Amendment 86-2 and has been recommended to be continued to June 24, 1986. The City Clerk reported no written comments or protests. Mayor Valenzuela opened the public hearing at 7:54 p.m. asking those in favor of Zone Change 86-5 to speak. The following persons spoke: 1. Bruce Jordan, 18218 E. McDermitt, Irvine, California, requested the project be removed from the agenda and that they be allowed' to come back to Council with a more specific plan. - 2. Robert Parker, 32150 Jennifer Drive, Wildomar, California, applicant, commented in favor of his project. Mayor Valenzuela asked those in opposition to Zone Change 86-5 to speak. The following persons repeated their opposition to this project which were the same comments as made in opposition to GPA 86-2: 1. Karen Willis 2. Kevin Martin 3. Eileen Mantell 4. Melody Bonham 5. Tony Schiavone 6. Annie Johnson 7. Phil Willis - Mayor Valenzuela closed the public hearing at 8:04 p.m. MOVED BY STRIGOTTE, SECONDED BY KNIGHT AND CA~IED UNANIMOUSLY TO WITHDRAW ZONE CHANGE 86-5 FROM THE AGEND7 34. General Plan Amendment 86-3 and Zone Changt; 86-4 (Bruce Ayres) . Mr. Miller reported this project is a proposal to change the General Plan Land Use Map from Low Density to General Commercial and change the zoning from R-l to C-2 on approximately seventeen (17) acres located on the north side of Lakeshore Drive, bounded by Park Way on the north, and encompassed by Avenue 7 and Avenue 12 on the west and east sides, respectively. The Planning Commission recommends adoption of seven findings and approval of GPA 86-3 and Zone Change 86-4. The City Clerk reported no written comments or protests. - Mayor Valenzuela opened the public hearing at 8:05 p.m. asking those in favor of GPA 86-3 and Zone Change 86-4 to speak. The following persons spoke: 1. Bruce Jordan, 18218 East MCDermitt, Irvine, California, stated he would be willing to prepare a specific proposal for Council review. ---- o o M W m ~ ~ ~ 451 Page six City Council Minutes April 9, 1986 PUBLIC HEARINGS - continued. 34. General Plan Amendment 86-3 and Zone Change 86-4 - (Bruce Ayres) - continued. Mayor Valenzuela asked those in opposition to GPA 86-3 and Zone Change 86-4 to speak. The following persons spoke: 1. Annie Johnson, 249 South Harvard Boulevard, Los Angeles, California, objected because she owns a lot in the area of GPA 86-3. 2. Howard Johnson, 249 South Harvard Boulevard, Los Angeles, California, confirmed their lot was located at Park Way and Avenue 7, within the General Plan Amendment area. Mayor Valenzuela closed the public hearing at 8:10 p.m. Lengthy Council discussion followed, MOVED BY MATSON, SECONDED BY STRIGOTTE AND CARRIED UNANIMOUSLY TO DENY WITHOUT PREJUDICE, GENERAL PLAN AMENDMENT 86-3 AND ZONE CHANGE 86-4. MOVED BY MATSON, SECONDED BY STRIGOTTE AND CARRIED UNANIMOUSLY TO CREDIT FEES ALREADY PAID FOR GENERAL PLAN AMENDMENT 86-3 AND ZONE CHANGE 86-4. AT SUCH TIME AS A MORE SPECIFIC PROPOSAL IS BROUGHT BACK TO COUNCIL THESE FEES WOULD APPLY AND ANY ADDITIONAL FEES WOULD BE CHARGED AT THAT TIME. 35. General Plan Amendment 86-4 and Zone Change 86-2 - (Art Nelson) Mr. Miller reported that this is a proposal to change the General Plan Land. Use Map from Low Density Residential to Neighborhood Commercial and change the zoning from County designation of C-P (Restricted Commercial) to C-1 (Neighborhood Commercial) on 1.79 acres at the southwest corner of Lakeshore Drive and Clement Street - Assessor's Parcel Numbers 379-422-021,013, 014, 015. Staff recommends council adopt the findings and approve General Plan Amendment 86-4 and approve first reading of Ordinance No. 761 approving Zone Change 86-4. . The City Clerk reported no written comments or protests. Mayor Valenzuela opened the public hearing at 8:40 p.m. asking those in favor of GPA 86-4 and Zone Change 86-2 to speak. The following persons spoke: 1. Art Nelson, 31681 Riverside Drive, offered to answer any questions Council may have regarding the project. Mayor Valenzuela asked those in opposition to GPA 86-4 and Zone Change 86-2 to speak. Hearing no one, the public hearing was closed at 8:41 p.m. MOVED BY STRIGOTTE, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE GENERAL PLAN AMENDMENT 86-4 SUBJECT TO THE FOLLOWING FINDINGS: 1. This Amendment provides the highest and best use for the land in question in respect to the design of adjoining residential properties and with regard to provisions that can be made to offset any negative impacts. 2. This proposed Amendment would provide the appropriate mechanism to ensure compatible land use utilizations in relationship to the surrounding residential uses established within this area. 452 Page seven City Council Minutes April 9, 1986 PUBLIC COMMENTS - Continued. 3S. General Plan Amendment 86-4 and Zone Change 86-2 - (Art Nelson) _ Continued. 3. This proposed General Plan Amendment meets the General Plan Land Use goals, to encourage positive growth guidelines to ensure a diversified and responsive market system to satisfy the social and economic needs of the population. 4. This Amendment will not adversely affect the surrounding __ property with respect to value precedent. S. This Amendment will achieve greater organization and utili- zation of the land as reflected in the General Plan. 6. This proposed General Plan Amendment is compatible with surrounding land uses and zoning. 7. Finding of no significant impact upon the environment and issuance of a negative declaration. MOVED BY STRIGOTTE, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE ZONE CHANGE 86-2 AND APPROVE FIRST READING OF ORDINANCE NO. 761: ORDINANCE NO. 761 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA REZONING CERTAIN PROPERTY FROM RIVERSIDE COUNTY C-P (RESTRICTED COMMERCIAL) ZONING, TO CITY OF LAKE ELSINORE C-1 (NEIGHBORHOOD COMMERCIAL) ZONING DIST- RICT (ZONE CHANGE 86-2 - ART NELSON). UPON THE FOLLOWING ROLL CALL VOTE: .... AYES: KNIGHT, MATSON, STRIGOTTE, VERMILLION, VALENZUELA NOES: NONE 36. General Plan Amendment 86-S and Zone Change 86-7 - (James Thompson) Mr. Miller reported this is a proposal to amend the General Plan Land Use Map from Medium Density Residential to Low Density Resi- dential and designate zoning as R-l (Single Family Residential) on 2.9 acres located at the northeast corner of Macy Street and Laguna Avenue, and to apply a PUD (Planned Unit Development) Overlay to 2.7 acres located east of Macy Street between Laguna Avenue and Shadow Mountain Lane. Planning Commission recommends approval of GPA 86-S subject to seven findings and adoption of Ordinance No. 763 establishing zoning - Zone Change 86-7. The City Clerk reported no written comments or protests. Mayor Valenzuela opened the public hearing at 8:47 p.m. asking those in favor of GPA 86-S and Zone Change 86-7 to speak. The following persons spoke: Jim Thompson, 3804 Sand Dune Lane, Corona Del Mar, California, Applicant, stated he is in favor of the project and offered to answer any questions Council may have. Mayor Valenzuela asked those in opposition to GPA 86-S and Zone Change 86-7 to speak. Hearing no one, the public hearing was closed at 8:48 p.m. 1. ..... MOVED BY MATSON, SECONDED BY VERMILLION AND CARRIED UNANIMOUSLY TO APPROVE GENERAL PLAN AMENDMENT 86-5 SUBJECT TO THE FOLLOWING FINDINGS: - o o (Y) w CD <X - - 453 Page eight City council Minutes April 9, 1986 PUBLIC HEARINGS - continued. 36. General Plan Amendment 86-5 and Zone Change 86-7 - continued. This Amendment is a logical consolidation of previously established planning boundaries and is compatible with the City's development pattern. This proposed General Plan Amendment will provide balanced land uses and encourage the development of both existing and new neighborhoods in an orderly fashion. 3. This Amendment will achieve timely urbanization and utiliza- tion of the land as reflected in the General Plan. 1. 2. 4. This Amendment is compatible with surrounding land uses and zoning. 5. This Amendment will not adversely affect the surrounding property with respect to value or precedent. 6. This Amendment meets the goals and objectives of the General Plan's Housing Element. 7. Finding of no significant impact upon the environment and issuance of a negative declaration. MOVED BY MATSON, SECONDED BY VERMILLION AND CARRIED UNANIMOUSLY TO APPROVE ZONE CHANGE 86-7 AND APPROVE FIRST READING OF ORDINANCE NO. 763: ORDINANCE NO. 763 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE ZONING OF "R-l", SINGLE-FAMILY RESIDENCE, ON 2.9 ACRES, LOCATED AT THE NORTHEAST CORNER AND SOUTH- EAST CORNER OF MACY STREET AND LAGUNA AVENUE AND TO APPLY A "P. U . D. ", PLANNED UNIT DEVELOPMENT OVERLAY, TO 2.7 ACRES LOCATED EAST OF MACY STREET BETWEEN LAGUNA AVENUE AND SHADOW MOUNTAIN LANE, IN THE AREA KNOWN AS ANNEXATION NO. 41 (THOMPSON) (ZONE CHANGE NO. 86-7). UPON THE FOLLOWING ROLL CALL VOTE: AYES: KNIGHT, MATSON, STRIGOTTE, VERMILLION, VALENZUELA NOES: NONE 37. General Plan Amendment 86-6 and Zone Change 86-8 - (City of Lake Elsinore) Mr. Miller reported this is a proposal to amend the General Plan Land Use Map designation from High Density Residential to Medium Density Residential, and to change the zoning from R-3 (Multiple Family Residential) to R-2 (Two-Family Residential) with a PUD (Planned Unit Development) overlay, located on the south side of Ulla Lane, approximately 860 feet east of Machado Street. Planning Commission recommends approval of GPA 86-6 Subject to five findings and adoption of Ordinance No. 764 establishing zoning - Zone Change 86-8. Planning Commission also recommends adoption of Resolution No. 86-17 as it pertains to the General Plan Amendments. The City Clerk reported no written comments or protests. Mayor Valenzuela opened the public hearing at 8:53 p.m. asking those in favor of GPA 86-6 and Zone Change 86-8 to speak. No one spoke. Mayor Valenzuela asked those in opposition to GPA 86-6 and Zone Change 86-8 to speak. Hearing no one, the pUblic hearing was closed at 8:54 p.m. "454 Page nine City Council Minutes April 9, 1986 PUBLIC HEARINGS - Continued. 37. General Plan Amendment 86-6 and Zone Change 86-8 - Continued. MOVED BY STRIGOTTE, SECONDED BY MATSON AND CARRIED UNANIMOUSLY TO APPROVE GENERAL PLAN AMENDMENT 86-6 SUBJECT TO THE FOLLOWING FINDINGS: 1. This Amendment is compatible with surrounding land uses and zoning. 2. This Amendment will not adversely affect the surrounding property with respect to value or precedent. 3. This General Plan Amendment is compatible with the City's development pattern. 4. This Amendment will assist in maintaining and ensuring equitable community service levels and the adequacy of public infrastructure for all residential areas. - 5. This Amendment will not decrease the progress of multi-family. residential development activity, or reduce the City's ability to provide its fair share of affordable housing. MOVED BY STRIGOTTE, SECONDED BY MATSON AND CARRIED UNANIMOUSLY TO APPROVE ZONE CHANGE 86-8 AND APPROVE FIRST READING OF ORDINANCE NO. 764: ORDINANCE NO. 764 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING CERTAIN PROPERTY FROM R-3 (MULTIPLE-FAMILY RESIDENCE) TO R-2 (TWO-FAMILY RESIDENCE) ZONING DISTRICT (ZONE CHANGE 86-8 - CITY OF LAKE ELSINORE) UPON THE FOLLOWING ROLL CALL VOTE: - AYES: KNIGHT, MATSON, STRIGOTTE, VERMILLION, VALENZUELA NOES: NONE MOVED BY MATSON, SECONDED BY STRIGOTTE AND CARRIED UNANIMOUSLY TO ADOPT RESOLUTION 86-17, SUBJECT TO CORRECTIONS MADE TO CONFORM TO PREVIOUS CITY COUNCIL ACTIONS. RESOLUTION NO. 86-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AMENDMENTS TO THE LAND USE ELEMENT OF THE LAKE ELSINORE GENERAL PLAN FOR THE FIRST CYCLE OF THE CALENDAR YEAR OF 1986. 38. Resolution No. 86-19 - Declaring and ordering Annexation No. 41. Mr. Miller reported that this project is related to General Plan Amendment 86-6 and Zone Change 86-8 and is located on the southeast side of Macy Street at the intersection of Laguna Avenue. Staff recommends adoption of Resolution No. 86-19. The City Clerk reported no written comments or protests. Mayor Valenzuela opened the public hearing at 8:58 p.m. asking those in favor of Resolution No. 86-19 to speak. The following persons spoke: 1. JimT~ompson, applicant, stated he was in favor of the project and offered to answer any questions Council may have. - ~ o o M W m ~ ~ ~ 455 Page ten City Council Minutes April 9, 1986 PUBLIC HEARINGS - continued. 38. Resolution No. 86-19 - continued. Mayor Valenzuela asked those in opposition to Resolution No. 86-19 to speak. Hearing no one, the public hearing was closed at 8:59 p.m. MOVED BY KNIGHT, SECONDED BY STRIGOTTE AND CARRIED UNANIMOUSLY TO ADOPT RESOLUTION NO. 86-19. RESOLUTION NO. 86-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING AND ORDERING CERTAIN TERRITORY KNOWN AS ANNEXATION NO. 41 TO BE ANNEXED TO THE CITY OF LAKE ELSINORE AFTER PUBLIC HEARING AND CITING AUTHORITY THEREFOR. 39. Conditional Exception Permit 86-3 - Ken Jeffers - Mr. Miller reported this project is a proposal to vary from City Parking Code, section 17.66.040, for the purpose of accommodating a fifteen-hundred (1500) square foot restaurant within an existing commercial shopping center, located on the southwest corner of Lakeshore and Riverside Drive. Planning Commission recommends approval of Conditional Exception Permit 86-3 subject to four findings and one condition. The City Clerk reported no written comments or protests. Mayor Valenzuela opened the public hearing at 9:00 p.m. asking those in favor of CEP 86-3 to speak. The following persons spoke: 1. Ken Jeffers, applicant, commented that he is in favor of the project, however, he objects to the condition of approval. 2. Jack Bresson, owner of the shopping center, stated that he is in favor of this project. He also commented that certain restrictions which were alluded to cannot be required of a tenant, as tenants change. He also addressed the amount of parking required for the center. Mayor Valenzuela asked those in opposition to CEP 86-3 to speak. Hearing no one, the public hearing was closed at 9:10 p.m. Council discussion ensued regarding total number of available parking spaces, peak traffic flows, reciprocal parking and ability to enforce certain conditions on tenants. MOVED BY STRIGOTTE, SECONDED BY VERMILLION AND CARRIED UNANI- MOUSLY TO ADOPT THE FINDINGS AND APPROVE CONDITIONAL EXCEPTION PERMIT 86-3, SUBJECT TO ONE CONDITION. FINDINGS: 1. That there are exceptional or extraordinary circumstances or conditions applicable to the land, buildings, or premises involved or to the intended use of same, that do not apply generally to the property or class of uses in the same district. 2. That such conditional exceptions are necessary for the preservation and enjoyment of substantial property rights. 3. That the granting of such conditional exceptions will not be materially detrimental to the public health, safety and "456 Page eleven City Council Minutes April 9, 1986 PUBLIC HEARINGS - Continued. 39. Conditional Exception Permit 86-3 - Continued. FINDINGS: - Continued. 3. welfare or injurious to the conforming land, property, or improvements in the neighborhood of the property for which such conditional exception is sought. 4. That the applicant is willing and able to carry out the __ purpose for which the conditional exception is sought, and that he will proceed to do so without unnecessary delay. CONDITION: 1. The proposed restaurant must not exceed forty-eight (48) seats. RECESS COUNCIL RECESSED AT 9:30 P.M. COUNCIL RECONVENED AT 9:35 P.M. BOARD OF APPEALS MOVED BY MATSON, SECONDED BY STRIGOTTE AND CARRIED UNANIMOUSLY TO MOVE THE BOARD OF APPEALS MATTER TO AFTER BUSINESS ITEMS. BUSINESS ITEMS 51. Ordinance No. 759 - Second Reading. ORDINANCE NO. 759 ..., AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING CERTAIN PROPERTY FROM R-1 (SINGLE-FAMILY RESIDENCE) AND C-1 (LIMITED COMMERCIAL' TO C-2 (GENERAL COMMERCIAL) ZONING DISTRICT (:)UE CHANGE 86-3 - JERRY LANTING). MOVED BY KNIGHT, SECONDED BY STRIGOTTE AND CARRIED UNANIMOUSLY TO ADOPT ORDINANCE NO. 759, UPON THE FOLLOWING ROLL CALL VOTE: AYES: KNIGHT, MATSON, STRIGOTTE, VERMILLION, VALENZUELA NOES: NONE > 52. Policy clarification regarding business license fees for special community events. Ms. Barrick reported that the City has received applications from the Kiwanis Club to sponsor a Circus on May 5, 1986 and from the Chamber of Commerce sponsoring the Frontier Days Rodeo and Carnival. The sponsoring organizations are tax exempt and as such are not required to pay a fee for the issuance of a business license, however, the SUb-contractors working for them are not tax exempt. Acknowledging the Council's commitment to community events, staff is requesting direction. - MOVED BY MATSON, SECONDED BY STRIGOTTE AND CARRIED TO CONCUR WITH RESOLUTION NO. 82-80 AND REQUIRE BUSINESS LICENSE FEES BE PAID BY THE CIRCUS AND FRONTIER DAYS SUB-CONTRACTORS. AYES: KNIGHT, MATSON, STRIGOTTE, VERMILLION NOES: VALENZUELA 457 Page twelve City Council Minutes April 9, 1986 BUSINESS ITEMS - continued. 53. Special Event Permit - Kiwanis Club - Application to sponsor Carson and Barnes Circus on May 5, 1986, on a fourteen (14) acre site located on the south side of Lakeshore Drive, approximately three-hundred feet (300') east of Lucerne Street. ~ Mr. Miller gave an overview of the proposed event and recommended Council approve the Kiwanis Club/Carson & Barnes Circus, subject to sixteen (16) conditions of approval plus ten (10) Sheriff's Department and two (2) Health Department conditions. Steve O'Neal of the Kiwanis Club, addressed Council and requested amendments to certain conditions of approval. o o (Y) w CD <X: MOVED BY MATSON, SECONDED BY STRIGOTTE AND CARRIED UNANIMOUSLY TO AMEND CONDITION NUMBER 5, CHANGE FROM THREE TO TWO (2) AXIAL DRIVE AISLES, AND AMEND SHERIFF'S DEPARTMENT CONDITION NUMBER 5, CHANGE FROM ONE-THOUSAND (1000) SPACES TO SEVEN-HUNDRED-FORTY (740) SPACES, AND ADD TO HEALTH DEPARTMENT CONDITION NUMBER TWELVE (12), "SUBJECT TO STAFF DISCRETION AFTER CONTACTING THE HEALTH DEPARTMENT". MOVED BY MATSON, SECONDED BY STRIGOTTE AND CARRIED UNANIMOUSLY TO APPROVE THE KIWANIS CLUB/CARSON AND BARNES CIRCUS, SUBJECT TO SIXTEEN (16) STAFF, TEN (10) SHERIFF'S DEPARTMENT AND TWO (2) HEALTH DEPARTMENT AMENDED CONDITIONS, AS FOLLOWS: 1. The site shall be mowed and cleaned only during normal working hours and all debris properly disposed of in an approved location. ,;,.;.... 2. Parking aisles shall be marked prior to the admittance of public vehicles to the site. 3. Fire lanes shall be clearly marked with diagonal chalk strip- ing and posted with signs indicating "No Parking". 4. Lakeshore Drive frontage not used for access shall be barricaded using obvious movable barriers. There shall be only three entrance areas thirty feet (30') wide, each spaced evenly along the Lakeshore frontage. 5. Two (2) axial drive aisles shall be thirty feet (30') wide and lead from the entrances through to the cleared area around the circus tent. - 6. Additional number of parking attendants shall be provided to meet the approval of the County Sheriff's Department. 7. Fire lanes thirty feet (30') wide shall be marked along the site boundary and leading to the circus tent area. 8. Right turn only entrance and exit from the site shall be enforced by parking lot attendants. Left turns across Lake- shore Drive shall be prohibited for the general pUblic attending this Special Event. 9. Prior to opening the site to the public, approval shall be obtained from the Chief Building Inspector regarding the safety of all facilities. The applicant shall be responsible to make arrangements for an inspection to the site and facilities by the Chief Building Inspector. 10. Signs and handbills used for advertising this event shall conform to all local and State Codes and Ordinances. 11. Approval of food and drink sales and restroom facilities shall be obtained from Riverside County Health Department. " 458 Page thirteen City Council Minutes April 9, 1986 BUSINESS ITEMS - Continued. 53. Kiwanis Club - Special Event Permit - Continued. 12. Applicant shall comply with all requirements of the Riverside County Sheriff's Department. 13. Approval of Riverside County Fire Department shall be obtained 14. No open fires shall be permitted on-site. 15. There shall be no loud noise on-site between midnight and __ 5:00 a.m. 16. Applicant shall comply with recommendations of the City of Lake Elsinore Risk Manager. Sheriff's De~artment Conditions: 1. Two (2) uniformed deputies for traffic control and parking security during circus event shows, to be paid for by appli- cant. 2. Exact identification and locations for fire lanes, i.e., emergency lanes. 3. No parking signs erected at 8:00 a.m. on the morning of the event along both sides of Lakeshore Drive (should be reflec- torized or flashing lights). 4. At no additional cost, a Code Enforcement Officer will be available to enforce parking violations along Lakeshore Dri- 5. There must be provided enough parking facilities for sever. hundred-forty (740) vehicles or ticket sales limited to two-thousand (2000) per show, without an overflow across tlie' street on Lakeshore Drive, or on private properties. There must be no pedestrian traffic on Lakeshore Drive across the bridge, as there is no lighting. 6. There must be provided barricades with ~lashing lights at the entrances and exit areas for the circus area. 7. There must be adequate lighting provided in the parking lot area, also, the parking must be contained, i.e., centrally located. Pedestrian safety is of utmost concern during this event. 8. Some sort of lighting shall be provided during dark hours at the entrance and exit ways onto Lakeshore Drive, as Lakeshore Drive has no lights at this time. Without proper lighting, there is a great risk of traffic accidents and pedestrian injuries. 9. A minimum of eight (8) parking attendan~~ are needed to be provided by the Kiwanis Club for parkin; needs, and they shall wear orange vests and each attendant have a flashlig These attendants shall be on site from one (1) hour before the first show until one (1) hour after the circus closes. - 10. Applicant shall submit to the Planning Division written per- mission from all affected property owners no later than April 17, 1986. Health De~artment Conditions: 11. Refuse: The grounds shall be maintained free from dust Where- ever possible, accumulation of refuse and other health and safety hazards constituting a nuisance as definede - o o (Y) w (D <( - - Page fourteen City council Minutes April 9, 1986 BUSINESS ITEMS - continued. 53. Kiwanis Club - Special Event Permit - continued. 459 12. Sanitary Facilities: sanitary facilities shall be (required and pro- vided) installed in the minimum numbers as re- quired by the following schedule: a) Toilets at the rate of one (1) for each 100 persons (10 short), or function~l part thereof. Required sanitary facilities shall be conven- iently accessible and well identified. Urinals (men's) and sanistands (women's) may be substituted for up to one-third of the re- quired number of toilets, 24" of trough urinals in a men's room shall be considered the equi- valent of one (1) urinal or toilet. Each toilet shall have a continuous supply of toilet paper. (Subject to staff discretion after contacting the Health Department) . b) 54. Request for Waiver of Fees - Tract 14901 - Kaufman and Broad. Mr. Keith reported that Tract 14901 is located near Lakeshore Drive and Woodlake street. The subdivision has experienced septic failures and the developer is in the process of extending sewer lines into the subdivision. City Ordinance No. 571 requires issuance of an encroachment permit and posting of bonds to cover construction of the sewer line. The developer recently sent a letter requesting reimbursement of fees already paid and waiver of future fees. Staff recommends Council deny this request. MOVED BY STRIGOTTE, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATION TO DENY REQUEST OF KAUFMAN AND BROAD TO WAIVE FEES ASSOCIATED WITH THE CONSTRUCTION OF SEWER LINE FOR TRACT 14901. 55. Waiver of Condition Number 25 - Tentative Tract Map 19402 - (Art Nelson) . Mr. Keith reported that Tentative Tract Map 19402 is a 38-acre subdivision located southwesterly of the intersection of Lincoln and Machado Streets. This Tract was originally approved on March 27, 1984, subject to thirty-nine (39) conditions. Engineering staff has been working with County FloQd Control District in an effort to solve the problem of the Leach and McVickers Canyon Channel extension. This will require a very complex design. Right-of-way must be acquired and the roadway needs to be re- aligned. In order to allow time to prepare the ultimate design of the channel, staff recommends Council waive Conditions 25 and 26 of the original conditions of approval of Tract 19402, subject to the following: 1. Developer to install temporary drainage facilities in compliance with City Engineer's recommendations. a) Minimum two 36" CMP culverts with earth channels. b) Tract boundary to be protected by earth levee and concrete block wall. 460 Page fifteen City Council Minutes April 9, 1986 BUSINESS ITEMS - Continued. 55. Waiver of Condition 25 - Tentative Tract Map 19402 - Continued. 2. Developer to offer for dedication, the necessary right-of-wau for the McVicker Channel on the tract map. 3. Developer to offer letter of credit for annual maintenance cost for temporary facilities until such time as the drainag~ facilities are installed for the West Elsinore Master Plan of Drainage. MOVED BY STRIGOTTE, SECONDED BY KNIGHT AND CARRIED TO APPROVE STAFF RECOMMENDATIONS TO WAIVE CONDITIONS 25 AND 26 FOR. TENTATIVE TRACT MAP 19401, SUBJECT TO THREE CONDITIONS AS LISTED ABOVE. AYES: KNIGHT, MATSON, STRIGOTTE, VALENZUELA NOES: VERMILLION 56. Tentative Tract Map 19561 - Request for Extension of Time - (Maxson Investments) . Mr. Miller reported this is a 7.72 acre subdivision located north- westerly of the intersection of Ortega Highway and Grand Avenue. which was originally approved on April 24, 1984. The developer has requested a one-year extension of time in order to complete the conditions as required. Staff recommends the extension be granted so that Tentative Tract Map 19561 will expire on April 24 1987. MOVED BY KNIGHT, SECONDED BY STRIGOTTE AND CARRIED UNANIMOUSLY TO APPROVE REQUEST FOR ONE-YEAR EXTENSION OF TIME FOR TENTATIVE TRACT MAP 19561, TO APRIL 24, 1987. -- 57. Commercial Project 86-1 - Atlantic RiChfield Company. Mr. Miller reported this is a proposal to construct a 2400 square foot convenience market and self-service gas station on .75 acres on the northeast corner of Railroad Canyon Road and Casino Drive. Staff has determined that the shared access proposed for Casino Drive is in conflict with condition 22 of Commercial Project 85-2, Shoppers Square, which was previously approved. Planning Commis- sion and Design Review Board recommend app=oval of Commercial Project 86-1, subject to thirty conditions. Staff recommends that City Council: 1) Find that Commercial Project 86-1 is compatible with the City General Plan and Development Standards. 2) Approve Commercial Project 86-1 subject to six (6) Design Review Board and twenty-four (24) Planning Commission condi- tions. Find that condition number 22 of Commercial Project 85-2 is not necessary to insure sound site design and circulation patterns for the Shoppers Square project and the gas station project. 4) Delete condition number 22 of Commercial Project 85-2. 3) -- MOVED BY STRIGOTTE, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATIONS APPROVING COMMERCIAL PROJECT 86-1, ATLANTIC RICHFIELD COMPANY, SUBJECT TO THIRTY (30) PLANNING COMMISSION AND DESIGN REVIEW BOARD CONDITIONS, AS FOLLOWS: ~ o o M W m ~ ~ ~ Page sixteen City council Minutes April 9, 1986 461 BUSINESS ITEMS - Continued. 57. Commercial Project 86-1 - Atlantic Richfield Company - continued. 1. Shared access with the Shoppers Square project on Casino Drive is permitted if condition number 22 of Commercial Project 85-2 is rescinded by the City Council as per staff recommendation. If this previous condition is not rescinded, the applicant shall return to Planning Commission for redesign of Casino Drive access. 2. Provide mens and womens restrooms which are accessible to the public and which are shown on the final revised site plan. 3. Sewer connection is required before final Certificate of Occupancy is granted or utilities released. If sewer service is delayed and applicant wishes to begin operation, a holding tank shall be required which meets the approval of the Elsinore Valley Municipal Water District, County Health Department and Regional Water Quality Control Board (if necessary). Subsurface sewage disposal is not a per- mitted alternative. 4. Meet all requirements of Ordinance No. 571 (Chapter 12.08 of the Municipal Code) regarding public improvements for buildings and subdivisions. 5. Meet all requirements of Ordinance No. 572 (Chapter 16.34 of the Municipal Code) regarding 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 improvement fees and engineering plan check fees for other than subdivisions. 10. Meet all requirements of Resolution No. 83-61 regarding fee for traffic signal at Railroad Canyon Road and Casino Drive and condition number 25 of Parcel Map 20268, Parcel 2, being Eight-Thousand-Ninety-Four dollars ($8094.00). 11. Dedicate underground water rights to the City of Lake Elsinore or its designee per Ordinance No. 529. 12. Compliance with approved conditions for Parcel Map No. 20268 as approved by the City Council on September 11, 1984. 13. All driveways out-letting onto lRailroad Canyon Road will be limited to right turn only and so designated by appropriate signage. 14. All public improvements shall be installed on Railroad Canyon Road from Casino Drive to the 1-15 southbound on-ramp. 15. Early consultation with EVMWD is required regarding fees, sewer, water and possible grease interceptor installation, and for submission of detailed water and sewer plans. 16. Meet the approval of the County Environmental Health Division for food service in the mini-market. Also, provide a "462 Page seventeen City Council Minutes April 9, 1986 BUSINESS ITEMS - Continued. 57. Commercial Project 86-1 - Atlantic Richfield Company - Continued. 16. clearance letter from the California Regional Water Quality Control Board and a "will-serve" letter from Elsinore Valley Municipal Water District. 17. Storm run-off from the freeway and ramp slopes shall not be restricted. - 18. The Fire Department is required to set a minimum fire flow for the remodel or construction of all commercial buildings using the procedure established in Ordinance No. 546. 19. A fire flow of 1250 GPM for a two-hour duration at 20 PSI residual operating pressure must be available before any combustible material is placed on the job site. 20. The required fire flow shall be available from a 701-F3 hydrant (6" x 4" x 2-1/2"), located not less than twenty-five feet (25') or more than one-hundred-sixty-five feet (165') from any portion of the building as measured along approved vehicular travelways. 21. Install portable fire extinguishers as per NFPA, Pamphlet No. 10. 22. Obtain a permit for underground fuel storage tank from the Fire Department. 23. Applicant/developer shall be responsible to provide, or show there exist, conditions set forth by the Fire Department. 24. Air and water facilities shall be installed. .,.." 25. All conditions of approval shall be met to the satisfaction of the Community Development Director before final Certificate of Occupancy is granted or utilities released. 26. All site imprQvements shall be as indicated on the approved site plan. The applicant shall submit a revised site plan which conforms to and reflects the conditions of approval. This revised site plan shall become the approved site plan and shall be submitted before any improvement permits are issued. 27. Parking and trash enclosure shall be relocated. Trash en- closure shall be fully screened by landscaping and oriented away from entrances to the site. 28. Landscaping and irrigation plans which show specific varieties and species of plants for foundation, accent, background and hedgerow planting shall be shown on final site plan subject to the approval by City landscape architect. Honeysuckle is not recommended for the proposed application. 29. Curb cuts for access and egress on Railroad Canyon Road and __ Casino Drive shall be limited to thirty-five feet (35') in width, with those on Railroad Canyon ~oad signed to indicate right turn egress only. 30. All project signage shall require sign permits subject to the provisions of Lake Elsinore Municipal Code, Section 17.94, regarding freeway identification signs. ,.... o o (Y) w en <t - - Page eighteen City council Minutes April 9, 1986 463 BOARD OF APPEALS COUNCIL ADJOURNED TO BOARD OF APPEALS AT 10:07 P.M. COUNCIL RECONVENED AT 10:13 P.M. Mr. vermillion returned to the table at 10:13 p.m. CITY MANAGER COMMENTS Mr. Molendyk commented that it had been suggested that City street signs include block numbers. Public Works has implemented that program and the first area to be completed is the Avenues. CITY COUNCIL COMMENTS Councilman Matson: 1. Complimented staff on the excellent condition the ball fields were in for the Little League opening day. Councilman Kniaht: 1. Inquired about the Flood Control District's ditch on Riverside Drive. He asked whether there was a projected completion date. Engineering will research and report back. Mavor Valenzuela: 1. Commented that she had received a letter from a Consultant for the City of Riverside, complimenting our City Manager for working with four other City Managers and coordinating agreement on respecTIVE Spheres of Influence. 2. Invited the public to attend the meeting on April 15 at 6:00 p.m. when the new Councilmembers will be installed. ADJOURNMENT MOVED BY MATSON, SECONDED BY STRIGOTTE AND CARRIED UNANIMOUSLY TO ADJOURN THE REGULAR MEETING OF THE CITY COUNCIL AT 10:22 P.M. ARTA VALENZUELA, CITY OF LAKE ELS ST:. ~- )loney,