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HomeMy WebLinkAbout03-12-1985 City Council Minutes 184 . MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 12, 1985 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The regular meeting of the City Council was called to order by Mayor Valenzuela at 7:00 p.m. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was led by Councilman Matson. ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: KNIGHT, MATSON, STRIGOTTE, VERMILLION, VALENZUELA NONE Also present were: City Manager Molendyk, Assistant City Manager Norton, City Attorney Harper, Community Development Director Corcoran, City Engineer Culp, Finance Director Barrjck, RDA Administrator Modesti and City Clerk Money. PUBLIC COMMENTS 1. Sherry Nickell, Committee to Save the Trees, 683 Parkview Drive, Lake Elsinore, commented on Council's decision at their meeting of February 26, 1985, to remove the Deodora cedar trees along Machado Street. She requested Council consider a sixty day extension prior to removal of the trees to allow the Committee time to raise funds to construct a guardrail around the trees which did not need to be removed for safety reasons. She also requested a public hearing prior to any action being taken. Mrs. Nickell submitted a petition signed by seven-hundred-thirty-eight (738) residents who would like to preserve the natural beauty of the trees, as well as a brochure containing information on the Deodora trees and some alternative suggestions to removing them. - 2. Phillip Taylor, 567 Highlands Drive, Lake Elsinore, urged the Deodora trees not be cut down and asked that a public hearing be held on this matter. 3. Francine Hoffman and Charles Flannagan, teachers at Machado Elementary School, submitted letters written by first, second and third grade children at Machado School, urging Council not to remove the Deodora trees on Machado. 4. Eugene Carter, 109 North Lowell, Lake Elsinore, commented that the General Fund was five-hundred-thousand dollars ($500,000) in the hole. Mayor Valenzuela responded to Mr. Carter's comments and explained that the General Fund deficit which Mr. Carter referred to was a result of the losses incurred by the Water Department. 5. Keith Hayward, Lake Elsinore, stated he is a horticulturalist and has examined the Deodora trees and determined that they are approximately sixty-five years and older and are in excellent health and condition. Life expectancy is not determinable, however, trees have been known to live as long as three- hundred years, barring disease. He urged Council not to have them removed. - CEREMONIALS A. Presentation by Bill Pidanick - U.S. Forest Service. Mr. Pidanick reported that last October, Congress passed a Bill creating twenty-three new wildernesses in the State of California. One is in the Trabuco Ranger District in the Elsinore Mountains south of the Ortega Highway, encompassing 39,500 acres and will be named the San Mateo Canyon Wilderness Area. The Forestry Service is now implementing the Congressional requirements for Wilderness Areas. These requirements include: Page two City Council Minutes March 12, 1985 185 CEREMONIALS - Continued. A. Bill Pidanick - U.S. Forest Service - continued. 1) Closure of all roads within the Wilderness Area. Ten miles of roads will be gated and revert to trails. __ 2) As of June 1, 1985, permits will be issued to anyone wishing to enter the Wilderness Area, for each entry. 3) All mechanized equipment will be prohibited. Only mode of transporta- tion will be on foot or horseback. 4) Fire suppression will be accomplished on foot and with hand crews and chain saws and helicopters in an emergency. o o (Y) w CD <t Mr. Pidanick also reported that a background study and historical search has been conducted on the "E" on the mountain. The "E" has been recognized as having historical significance and has been registered as a historical structure. This means that the Forest Service is now responsible for seeing that the structure is not disturbed. In order for anyone to do anything to the "E", they must obtain prior permission from the Forest Service. B. Mayor Valenzuela presented a Proclamation honoring Deputy Joseph De Armond in appreciation of his years of service to the City of Lake Elsinore. C. Mayor Valenzuela "read a Proclamation declaring April as IRed Cross Month'. CONSENT CALENDAR The following items were removed from the Consent Calendar for further consid- eration and discussion: - Item numbers lb, Appeals Board Section, 8, 10 and 11. MOVED BY STRIGOTTE, SECONDED BY MATSON AND CARRIED UNANIMOUSLY TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. Approved Minutes of Joint Study Session, February 25, 1985 and Regular Council Meeting, February 26, 1985. 2. Received and Filed Building Division Monthly Activity Report for February, 1985. 3. Approved Warrant List for the month of February, 1985, totaling six-hundred- one-thousand-eight-hundred-ninety-three dollars and eighteen cents ($601,893.18). 4. Received and Filed 1983/84 Financial Statement prepared by Ernst and Whinney. 5. Approved Resolution No. 85-16 authorizing destruction of obsolete records. RESOLUTION NO. 85-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING DESTRUCTION OF CERTAIN CITY RECORDS. - 6. Authorized City Manager to negotiate for professional services relative to providing police, fire, parks, parkways, drainage and flood control services to the City of Lake Elsinore, through the implementation of the Mello Roos Community Facilities Act. 7. Authorized City Manager to negotiate for professional services in connec- tion with the establishment of a Landscaping and Lighting Maintenance District, and bring back recommendations for Council review. 9. Received and Filed report Dn cost of construction of the Limited Street Bridge. 18~age three City Council Minutes March 12, 1985 CONSENT CALENDAR - Continued. 12. Set date of April 9, 1985 for public hearing of Tentative Tract Map 19358 and Focused Environmental Impact Report - Proposal to subdivide forty acres into two-hundred single-family lots, located southerly side of Grand Avenue at Bonnie Lea Drive, approximately nine-hundred feet southwesterly of the Ortega Highway. ITEMS REMOVED FROM CONSENT CALENDAR la. Mr. Matson requested the Appeals Board section of the Council minutes of -- February 26, 1985 be pulled and directed the City Clerk to make appropriate corrections and bring back to Council for approval on March 26, 1985. MOVED BY MATSON, SECONDED BY STRIGOTTE AND CARRIED UNANIMOUSLY TO REMOVE THE APPEALS BOARD SECTION OF THE COUNCIL MINUTES OF FEBRUARY 26, 1985, FOR CORRECTION BY CITY CLERK. 8. Mr. Strigotte requested the City Manager negotiate with Caltrans regarding the slope and drainage easement requested in conjunction with the proposed Park and Ride facility. MOVED BY STRIGOTTE, SECONDED BY MATSON AND CARRIED UNANIMOUSLY TO TABLE THIS MATTER UNTIl CITY MANAGER HAS REVIEWED WITH CALTRANS. 10. Mr. Strigotte commented that the weed abatement program has been losing money over the past two years and feels Council should examine some alterna- tives to the program. Consensus: Direct City Manager to review and come up with alternatives to the current weed abatement program prior to the public hearing. MOVED BY STRIGOTTE, SECONDED BY MATSON AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 85-17 DECLARING A NUISANCE AND SETTING THE DATE OF MARCH 26, 1985 FOR PUBLIC HEARING TO HEAR OBJECTIONS. --- RESOLUTION NO. 85-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING THAT CERTAIN WEEDS, RUBBISH AND DIRT AND ANY OTHER UNAUTHORIZED FILL MATERIALS AS DEFINED IN SECTION 39560 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA AND ORDINANCE NO. 532, CONSTITUTE A NUISANCE AND REQUIRE A NOTICE TO BE GIVEN TO THE PROPERTY OWNER IN ACCORDANCE WITH CHAPTER 13, PART 2, DIVISION 3 OF TITLE 4 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA AND ORDINANCE NO. 532, AND PROVIDING FOR A HEARING ON OBJECTIONS, TOGETHER WITH THE FILING OF COST REPORTS AND ASSESSMENTS AGAINST ABUTTING PROPERTY OWNERS. 11. Lake Elsinore Foundation - Non-Profit Organization. Mr. Knight requested that the City Manager give a brief explanation of the non-profit organization for the public. Mr. Molendyk reported that the purpose of the non-profit organization is to benefit the residents of the community by augmenting their cultural, human services and recreational needs. Through this mechanism, people could donate land for parks or a building for cultural activities and realize tax benefits. The organization could also help in developing a City Newsletter, which could be mailed to residents at 'non-profit' cost. .., Also, there is a great deal of development occuring in the community. The developers presently purchase their building materials outside this commu- nity and pay sales tax which benefits the community at the point of sale. If these materials could be purchased through the non-profit organization, the City would realize the sales tax which could be used to support cul- tural, human services and recreational needs. In this way, the City would realize an extra benefit from the economic development which is occuring. 187 Page four City Council Minutes ~1arch 12, 1985 ITEMS REMOVED FROM CONSENT CALENDAR - Continued. 11. Lake Elsinore Foundation - Non-Profit Organization - Continued. MOVED BY KNIGHT, SECONDED BY MATSON AND CARRIED UNANIMOUSLY TO APPROVE THE ARTICLES OF INCORPORATION FOR THE LAKE ELSINORE FOUNDATION, A NON- PROFIT ORGANIZATION, AND TO PROCEED, THROUGH THE ATTORNEY, FOR FORMAL INCORPORATION. - PUBLIC HEARINGS 31. Conditional Use Permit 84-9 - Al Hertz/Back Bay Marina. Mr. Corcoran reported that Conditional Use Permit 84-9 is a proposal to construct an interim marina facility, located on the south side of Lakeshore Drive between St. John Way and Bushman Avenue. At its regular meeting on February 26, the City Council continued public hearing of this matter and sent it back to staff for revisions to certain of the conditions. o o (Y) w (D <( - 1. 2. - 3. 4. 5. 6. 7. The applicant, under this interim marina proposal, has submitted plans that encompass the construction of a permanent mooring for fifty (50) boats with a limitation of twenty-six (26) feet in boat length. Also, the proposed facility has made provisions for a boathouse, temporary parking area, and restrooms. The proposal will consist of fifty-five standard parking spaces on-site to accommodate the "car only" interim marina concept. The Planning Commission recommends approval of Conditional Use Permit 84-9, subject to forty-eight (48) revised conditions. The City Clerk reported no written comments or protests. Mayor Valenzuela opened the public hearing at 7:35 p.m. asking those in favor of Conditional Use Permit 84-9 to speak. The following persons spoke: 1. Lawrence Buxton, President of Cortin and Associates, the planners and engineers for the Back Bay Marina project. They have reviewed and are in agreement with the revised conditions with one exception. They requested that the ingress and egresss which is proposed provide for right turn only in the southbound direction into the project. This would prevent dangerous left turns into the marina. Mayor Valenzuela asked those in opposition to Conditional Use Permit 84-9 to speak. Hearing no one, she asked if anyone wished to speak on the project. Hearing no one, the public hearing was closed at 7:37 p.m. MOVED BY STRIGOTTE, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE CONDITIONAL USE PERMIT 84-9, SUBJECT TO FORTY-EIGHT (48) CONDITIONS, AS REVISED AND AMENDMENT TO CONDITION NUMBER 30 TO ALLOW INGRESS AND EGRESS BY RIGHT TURN ONLY. REVISED CONDITIONS AS FOllOWS: All Signs are required to be issued City permit and be approved by Planning Division. Meet Regional Water Quality Control Board requirements. Meet County Health Department requirements. Meet County Fire Department requirements for fire protection. Meet all City codes and ordinances. All open areas on-site that are designated for future development ex- pansion shall be covered with D & G to control dust and erosion. Applicant is to post sign on subject property providing rules and regulations for the safe use of the facility, to be approved by the Planning Divison. 188>age fi ve City Council Minutes March 12, 1985 PUBLIC HEARINGS - Continued. 31. Conditional Use Permit 84-9 - Continued. 8. Applicant shall provide appropriate trash receptacles on-site to be approved by Planning Division. 9. A finding of no significant impact upon the environment. 10. Issuance of a Negative Declaration. 11. Applicant is to provide a permanent sprinkler system for all planting areas. - 12. All items depicted on site plan shall be provided as indicated on the site plan unless otherwise modified by the Planning Commission. 13. Landscaping/irrigation plan shall be implemented and in place, prior to issuance of Certificate of Occupancy. 14. Conditional Use Permit shall be valid for a two (2) year period, and subject to an annual review. 15. No alcoholic beverages to be sold on-site unless in connection with a restaurant facility. 16. Applicant shall provide temporary shielded security lighting plan to be directed on-site to prevent glare onto adjacent streets and property, to be approved by Planning Division. 17. Any enlargement of the marina's boating or related activities shall require written approval by the Community Development Director. 18. Applicant is to abide by the established State Park and Recreation Department hours of operation regulating the proposed recreation use. 19. Applicant is to provide Building Department with proof of contractual agreement for the periodical pumping of self contained restroom facilities by the submission of this contract and monthly receipts. - 20. Applicant is to incorporate security measures on-site to ensure the private retention of subject property and related use, to be approved by the Planning Division. 21. Applicant is to post bond to guarantee the construction and connection from subject site to existing sanitary sewer system within a two-year period. 22. Applicant is to remove all concrete foundation debris on-site prior to issuance of building permits. 23. Applicant is to cooperate in an annual review and evaluation to ensure the safety and efficiency of the marina operation which is to include but not limited to off-site traffic problems, wastewater removal and boating activities. Review process is to be conducted by both Engin- eering and Planning Departments. 24. No portable bathroom facilities. 25. Floating docks to be reviewed and approved by Planning Division. 26. Provide Class II bike lane along Lakeshore Drive. 27. Meet all requirements of Ordinance No. 572. 28. Dedicate additional ten (10) feet of right-of-way for Lakeshore Drive along the total property frontage. Lakeshore Drive is classified per City General Plan as a Modified Secondary which requires an ultimate right-of-way of eighty (80) feet. The existing right-of-way is now at sixty (60) feet. ... - o o (Y) w (D <t - - Page six City Council Minutes March 12, 1985 189 PUBLIC HEARINGS - Continued. 31. Conditional Use Permit 84-9 - Continued. 29. Applicant is responsible for constructing curb and gutter thirty-two (32) feet from street centerline and sidewalk along total frontage of Lakeshore Drive. Applicant must agree to "NO PARKINGII along the curb line for the total frontage. Staff recommends deferral of curb, gutter and sidewalk by lien agreement; however, parkway must be graded to future sidewalk elevation, and paving must be widened beyond future gutter to provide two (2) twelve foot additional traffic lanes for proper access. 30. Construct asphalt paving from street centerline to four feet (41) past future gutter line. Extend pavement widening transition 400 feet south- easterly of the southeast project boundary to provide a twelve foot (12') wide turn lane, and, in addition, a twelve foot (121) wide acceleration lane. Provide gradual transition to existing paving beyond the northwest project boundary, as approved by the City Engineer. The widened roadway shall be striped to provide a turn lane and acceleration and deceleration lanes. The pavement widening will require removal of trees and relocation of power poles at developer expense. The driveway access into the Marina shall be perpendicular to the street and forty (40) feet wide and extend perpendicular to the street a minimum of sixty (60) feet onto the site. The slope of. the driveway from the street to the sixty foot (601) limit shall not exceed twenty (20) percent. Tests must be provided to show that existing paving will support the traffic load represented by the City Engineer's Traffic Index of 7.5 for Lakeshore Drive. Ingress and egress to be right turn only. 31. Street plans and specifications to be prepared by a registered Civil Engineer and will include required signing and striping. As built street, grading, utility and drainage improvement plans are required. 32. Public improvements to conform with City Code requirements and City approved Riverside County Standard Drawings and Specifications. 33. A. Install street lighting as approved by the City Engineer. Luminaries may be installed on power poles. B. Cooperate with the City in forming a Street Lighting and Landscaping Maintenance District. 34. All grading must conform to City Ordinance No. 636, the Uniform Building Code, Chapter 70 Ordinance No. 711 and Ordinance No. 603. 35. Provide Soils and Geology Report, including street design recommendations. Provide final grade certification of pad(s) elevation per approved grading plan and a final compaction report to the City Engineer for approval. 36. Provide Grading Plan, Certificate of Survey to be prepared by a registered Civil Engineer. All property lines shall be at the top of construction slopes with the required Uniform Building Code setback requirements. 37. Provide landscaping and irrigation plan to be reviewed and approved by the City Engineer, including street trees. To be deferred to permit stage. 38. Provide will-serve letter guaranteeing sewer availability from Elsinore Valley Municipal Water District. Comply with the requirements of Elsinore Valley Municipal Water District. County Health Department and California Regional Water Quality Control Board for on-site sewage disposal. 39. Provide to City a Surety Bond in the amount of $100.000 to guarantee construction within two years of a sanitary sewer system with pump station to serve this development. City to approve Surety Company. 40. Provide a will-serve letter guaranteeing water availability from Elsinore Valley Municipal Water District. 19~age seven City Council Minutes March 12, 1985 PUBLIC HEARINGS - Continued. 31. Conditional Use Permit 84-9 - Continued. 41. Dedicate underground water rights to the City of Lake Elsinore or its assignees. 42. Pay all applicable Capital Improvement fees per Ordinance No. 572, at permit stage. 43. Pay all sewer fees per Elsinore Valley Municipal Water District schedule. ..- 44. Pay all Public Safety fees (police and fire) per Resolution No. 83-87, at building permit stage. 45. Applicant to consent to enter into an agreement with the City to pay Traffic Safety Mitigation fee for future signalization in the amount of $19,000.00, at permit stage. 46. Applicant to enter into agreement with the City to pay Street Sweeping Mitigation fee in the amount of $200.00, at permit stage. 47. No boat launching shall be permitted on premises other than those leasing the slips. 48. All conditions shall be met prior to the issuance of Certificate of Occupancy. 32. Draft Environmental Impact Report for Canyon Creek Specific Plan - Railroad Canyon - A Joint Venture. Mr. Corcoran reported that this hearing is to evaluate the environmental impact of 1,493 units on 491 acres, including single-family residences, apartments, commercial and open space areas, located north of San Jacinto River, Railroad Canyon Road to the south, undeveloped grasslands to the north and south and 1-15 bisects the site. The Planning Commission recommends approval of the Draft Environmental Impact Report for Canyon Creek Specific Plan, subject to certain staff revisions. - The City Clerk reported no written comments or protests. Mayor Valenzuela opened the public hearing at 7:45 p.m. asking those in favor of the draft environmental impact report to speak. The following persons spoke: 1. Lawrence Buxton, President of Cortin and Associates, 3400 Irvine Avenue, Newport Beach, California, stated he would like to show slides describing the project and what impact it would have and the mitigations proposed. Mr. Buxton thanked City staff for their assistance and presented slides and gave an overview of the completed project. He urged Council to certify the Environmental Impact Report and approve their request to form a Mello Roos Community Facilities Act for provision of parks, police and fire services. COUNCIL RECESSED AT 8:14 P.M. COUNCIL RECONVENED AT 8:24 P.M. Mayor Valenzuela asked those in opposition to the draft environmental impact ... report for Canyon Creek Specific Plan to speak. The following persons spoke: 1. Mariana Mohlyn, 305 W. Sumner, Lake Elsinore, stated that she owns pro- perty adjacent to this project: She asked if an expression of intention will be made by the Canyon Creek Joint Venture group to grant an alterna- tive easement right-of-way across this land to adjoining properties. If not, she would request postponement of Council approval until this can be addressed. Mr. Buxton responded that the proponents are aware that a complete circu- lation program in this area is necessary and they will work with Ms. Mohylyn to develop this program. - o o (Y) w en <X - - 191 Page eight City Council Minutes March 12, 1985 PUBLIC HEARINGS - Continued. 32. Draft Environmental Impact Report - Canyon Creek Specific Plan - Continued. 2. Eugene Carter, 109 North Lowell, Lake Elsinore, asked about elimination of contamination leading into the City from this project. Mayor Valenzuela stated this would be addressed after closing the public hearing. Mayor Valenzuela closed the public hearing at 8:34 p.m. MOVED BY STRIGOTTE, SECONDED BY MATSON AND CARRIED UNANIMOUSLY TO CON- TINUE PUBLIC HEARING OF DRAFT ENVIRONMENTAL lMPACT REPORT FOR CANYON CREEK SPECIFIC PLAN TO THURSDAY, MARCH 21, 1985, AT 6:00 P.M. 33. Conditional Exception Permit 85-1 - H.A. Taylor Awning Company. Mr. Corcoran reported that Conditional Exception Permit 85-1 is a proposal to construct an aluminum patio cover extending from the rear' of an existing single-family residence located at 925 Diane Way. The applicant is applying for a Conditional Exception Permit to allow for the construction of a patio cover which will encroach three feet (3') within a fifteen (15) foot rear yard setback requirement that is established for architectural projections within a single-family residential zoning district. Planning Commission recommends approval of Conditional Exception Permit 85-1, subject to the following four (4) conditions: 1. A finding of no significant impact upon the environment. 2. Issuance of a Categorical Exemption. 3. The patio construction as depicted on plot plan shall be provided as indicated on the plot plan. 4. Meet all City codes and ordinances with exception of allowances made by the Planning Commission in association with the development standard parameters of the subject proposal. The City Clerk reported no written comments or protests. Mayor Valenzuela opened the public hearing for Conditional Exception Permit 85-1 at 8:40 p.m. asking those in favor of the project to speak. No one asked to be heard. Mayor Valenzuela asked those in opposition to Conditional Exception Permit 85-1 to speak. Hearing no one, the public hearing was closed at 8:41 p.m. MOVED BY KNIGHT, SECONDED BY STRIGOTTE AND CARRIED UNANIMOUSLY TO APPROVE CONDITIONAL EXCEPTION PERMIT 85-1, SUBJECT TO FOUR (4) PLANNING COMMISSION COND IT IONS. 34. Conditional Use Permit 85-2 - Alfred A. Anderson. Mr. Corcoran reported Conditional Use Permit 85-2 is a proposal to store RV's, boats and cars in conjunction with an existing mini-storage facility located on .32 acres situated approximately 165 feet northwest of intersec- tion of Riverside Drive and Collier Avenue. The applicant owns and operates Lake Elsinore Mini Storage. The existing facility consists of three (3) storage buildings and a caretaker's residence. A fourth building has been approved for subject site, however, construction has not yet started. The applicant is currently storing RV1s on an adjacent parcel of property in violation of Lake Elsinore Municipal Code, Title 17, Section 56.020. A Conditional Use Permit is therefore being required in order to find vehicular storage compatible with permitted uses in the M-2 (Industrial) Zoning District. Planning Commission recommends approval of Conditional Use Permit 85-2, subject to thirty-seven (37) conditions. 192 Page nine City Council Minutes March 12, 1985 PUBLIC HEARINGS - Continued. 34. Conditional Use Permit 85-2 - Continued. The City Clerk reported no written comments or protests. Mayor Valenzuela opened the public hearing at 8:44 p.m. asking those in favor of Conditional Use Permit 85-2 to speak. The following persons spoke: 1. Gordon Anderson, 29151 Riverside Drive, Lake Elsinore, applicant, stated they have been parking RV's on the property for the past five years and were not aware that a conditional use permit was needed. He would like the conditional use permit in order to utilize the land before it is developed to a higher and better use. He commented that the fees as recommended would exceed revenue generated by the project. 2. Eugene Carter, 109 North Lowell, Lake Elsinore, asked the exact location of the project. Mr. Corcoran explained it was east of the intersection of Collier and Riverside, near El Toro Road and west of Riverside Drive. .... Mayor Valenzuela asked those in opposition to Conditional Use Permit 85-2 to speak. Hearing no one, the public hearing was closed at 8:47 p.m. Council discussion followed regarding fencing, storm drainage mitigation fee and traffic signalization fee. Mr. Matson stated the project should be screened and suggested there should be a more equitable schedule of fees for conditional use permits of a short-term nature. Possibly a ten-year amortization schedule could be created and fees assessed based on the length of time of the conditional use permit. Also, recreational facilities wanting to utiliz~ flood plain properties could be assessed a higher business fee in lieu of Capital Improvement Fees and assessed a percent of gross profits. MOVED BY STRIGOTTE, SECONDED BY MATSON AND CARRIED TO APPROVE CONDITIONAL USE PERMIT 85-2, SUBJECT TO ALL PLANNING COMMISSION CONDITIONS WITH REC- OMMENDATIONS, AND AMENDMENTS TO CONDITION NUMBER 22: "APPlICANT TO CONSENT TO PARTICIPATE IN ANY FUTURE MELLO ROOS FACILITIES DISTRICT OR BOND ISSUE THAT WOULD BE FORMED IN THAT AREA AND DELETE STORM DRAINAGE IMPACT MITIGATION FEE OF TEN-THOUSAND DOLLARS ($10,000)~; AND.CONDITION NUMBER 23: "APPlICANT TO JOIN IN ANY PARTICIPATIVE PROGRAM FORMED IF TRAFFIC SIGNALIZATION BECOMES NECESSARY WITHIN TWO (2) YEARS, AND DELETE TRAFFIC SAFETY I~lPACT MITIGATION FEE OF TWO-THOUSAND DOLLARS ($2,000)". REVISED CONDITIONS AS FOllOWS: ... 1. All interior roads and parking areas to be DG, as approved by the City Engineer. 2. All roof mounted or ground support equipment shall be architecturally screened so as not to be visible from neighboring property or public streets. 3. Applicant shall submit a landscaping, irrigation and fencing plan which shall be subject to review and approval by the Community Development Dtrector. 4. Meet County Fire Department requirements for fire protection. 5. Applicant shall submit a lighting plan showing radii and placement of all lights. lights should be shielded. ..., 6. Meet all City codes and ordinances. 7. Provisions should be made for centrally located trash receptacles. 8. Applicant shall provide a fence around the entire parcel. 9. DELETED. 10. Applicant shall provide directional arrows on all roadways for the purpose of directing on-site traffic. ~ o o M W m ~ ~ .... 193 Page ten City Council Minutes March 12, 1985 PUBLIC HEARINGS - Continued. 34. Conditional Use Permit 85-2 - Continued. 11. All signs are to be approved by City permit. 12. DELETED. 13. Issuance of a Categorical Exemption. 14. a. Conditions are applicable if building permit or other permits are required from the Building Department. 14. Along Riverside Drive, construct asphalt paving to street centerline, cOd construct driveway approach and sidewalk. Curb and gutter exists, and some paving exists and tests must show that it is to City standards and will resist traffic wheel loads represented by the City Engineer's traffic index. Sidewalk shall be six feet (6'). Sidewalk improvement to be deferred by standard lien agreement. Curb and gutter is constructed 18 feet from right-of-way centerline. Existing right-of-way is 60 feet wide. No dedication is necessary. 15. Comply with all requirements of Ordinance No. 572. 16. Plans and specifications for street improvements and grading to be prepared by a registered Civil Engineer. Public improvements to conform with City code requirements and City approved Riverside County Standard Drawings and Specifications. 17. Arrange for Southern California Edison Company to install street lighting luminaire on existing power pole and pay one year's energy cost. 18. Cooperate with the City in forming a Street Lighting and Landscaping Maintenance District. 19. Provide Soils and Geology Report including street design recommendations. Provide Final Soils Report showing compliance with preliminary report and finish grade certification. 20. DELETED. 21. A drainage facility exists along the rear lot line of proposed develop- ment. Grading plans shall show necessary improvements to protect applicant's property as required by the City Engineer. Applicant shall indemnify and hold City harmless from drainage liabilities. Documents shall be recorded and shall be approved by the City Attorney. 22. Applicant shall consent to participation in any future Mello-Roos Community Facilities District or bond issue that would be formed in that area for storm drainage impact mitigation measures. 23. Applicant to agree to join in any participative program formed if traffic signalization becomes necessary within two years. 24. Pay Capital Improvement fees per Ordinance No. 572. 25. Consent to sign an agreement to pay Public Safety fees as required by Resolution No. 83-87. 26. Provide for sewage disposal as approved by the City of Lake Elsinore, Elsinore Valley Municipal Water District, the Regional Water Quality Control Board and the County Health Department. 27. Dedicate underground water rights to the City of Lake Elsinore or its assignees. 28. Process lot line merger to eliminate existing lot lines. 29. Provide fire protection as approved in writing by the County Fire Depart- ment. A fire hydrant exists 120 feet northeast of northeast line of applicant's property. Provide will-serve letter from water serving agency stating that required fire flow is available. 19~age eleven City Council Minutes March 12, 1985 PUBLIC HEARINGS - Continued. 34. Conditional Use Permit 85-2 - Continued. 30. Storage shall be limited to RV's and boats only, no vehicles. -31. RV's and boats shall have current license and registration as required by the State of California. 32. No inoperable, wrecked or junked vehicles shall be stored on-site. - 33. No RV's or boats shall be occupied at any time nor offered for sale on the premises. 34. No repair of RV's or boats shall occur on the premises at any time. 35. Applicant shall remove debris from the property. 36. Conditional Use Permit shall be valid for a period of two (2) years with an annual review. 37. Applicant to screen the fence line midway, the fence that parallels Riverside Drive, separating the life estate and the portion of the fence traversing towards the west to the channel should be screened also with wood slats. AYES: MATSON, STRIGOTTE, VERMILLION, VALENZUELA NOES: KN IGHT 35. Lot Merger Ordinance No. 740. Mr. Culp reported that this ordinance is being proposed to develop an enabling ordinance for lot merger processes within the City. The Subdivision Map Act presently makes provision for lot merger and we are trying to come ~ into conformance with the Subdivision Map Act. Staff recommends Council adopt Ordinance No. 740. The City Clerk reported no written comments or protests. Mayor Valenzuela opened the public hearing at 8:59 p.m. asking those in favor of Ordinance No. 740 to speak. No one responded. Mayor Valenzuela asked those in opposition to this ordinance to speak. Hearing no one, the public hearing was closed at 9:00 p.m. MOVED BY STRIGOTTE, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE FIRST READING OF ORDINANCE NUMBER 740, UPON THE FOLLOWING ROLL CALL VOTE: AYES: KNIGHT, MATSON, STRIGOTTE, VERMILLION, VALENZUELA NOES: NONE ORDINANCE NO. 740 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING ORDINANCE 529 AND LAKE ELSINORE MUNICIPAL CODE, CHAPTER 16.20, CONCERNING MERGER OF CONTIGUOUS LOTS OR PARCELS OF LAND. 36. Conditional Use Permit 85-1 - Proposal to Convert an Existing Single-Family Residence into a Pre-School Day Care Facility on 6000 Square Foot Site ... Within the R-3 Zoning District. MOVED BY STRIGOTTE, SECONDED BY MATSON AND CARRIED UNANIMOUSLY TO CONTINUE PUBLIC HEARING OF CONDITIONAL USE "PERMIT 85-1 TO APRIL 9, 1985. 37. Tentative Tract Map 19344 and Addendum to Draft Environmental Impact Report Proposal to Subdivide 75 Acres into 310 Single-Family Residences and Sub- divide 5 Acres for Commercial Use. Located Westerly of Intersection of Union Road and Corydon Road. MOVED BY STRIGOTTE, SECONDED BY MATSON AND CARRIED UNANIMOUSLY TO CONTINUE PUBLIC HEARING OF TENTATIVE TRACT MAP 19344 TO MARCH 26, 1985. ~ o o M W m ~ ~ ~ 195 Page twelve City Council Minutes March 12, 1985 BUSINESS ITEMS 51. Ordinance No. 738 - Authorizing two-hour Parking on the North and South Sides of Graham Avenue - Second Reading. ORDINANCE NO. 738 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING A PORTION OF ORDINANCE NO. 268 AND ORDINANCE NO. 301 AND AMENDING SECTIONS 10.16.020 AND 10.16.030 OF THE LAKE ELSINORE MUNICIPAL CODE TO ALLOW FOR TWO (2) HOUR PARKING ON THE NORTH AND SOUTH SIDES OF EAST GRAHAM AVENUE. MOVED BY MATSON, SECONDED BY STRIGOTTE AND CARRIED UNANIMOUSLY TO APPROVE SECOND READING OF ORDINANCE NO. 738, UPON THE FOLLOWING ROLL CALL VOTE: AYES: KNIGHT, MATSON, STRIGOTTE, VERMILLION, VALENZUELA NOES: NONE Mr. Knight inquired if this ordinance included Graham Avenue west of Main Street. Mr. Corcoran will follow-up. 52. Ordinance No. 741 - Litter Control and Maintenance of Public and Private Property - First Reading. ORDINANCE NO. 741 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PROVIDING FOR A COMPREHENSIVE PLAN OF LITTER CONTROL AND MAINTENANCE OF PUBLIC AND PRIVATE PROPERTY. MOVED BY STRIGOTTE, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE FIRST READING OF ORDINANCE NO. 741, UPON THE FOLLOWING ROLL CALL VOTE: AYES: KNIGHT, MATSON, STRIGOTTE, VERMILLION, VALENZUELA NOES: NONE Mr. Matson commented that in Section 8.18.230 it is stated that penalties for violation shall be those specified from time to time by resolution of the City Council. He requested Mr. Corcoran prepare a resolution to coincide with this section of the ordinance. 53. Ordinance No. 742 - Regulating the Placement of Satellite Dish Antennas within Residential Zones of the City of Lake Elsinore - First Reading. Mr. Matson referred to Paragraph A, Second Sentence, which states that a satellite dish antenna must be set back fifteen feet (151) from the rear property line. He suggested that if the satellite dish antenna is located on the ground and does not exceed the height of a solid fence, it could be placed in a corner of the yard rather than the fifteen foot setback, if it was screened from view by the neighbors. Maximum height should be six feet. Paragraph B states they can be mounted on the roof if less than 30 inches (30") in diameter. This should be allowed only on the back of the roof and be architecturally screened from view. MOVED BY MATSON, SECONDED BY STRIGOTTE AND CARRIED UNANIMOUSLY TO RETURN ORDINANCE NUMBER 742 TO STAFF FOR REVISIONS. 54. Presentation by Crafco International on Rubberized Asphalt. Mr. Culp introduced Mr. Ed Oliver, Project Superintendent and Mr. Gene Morris of Crafco International of Phoenix, Arizona, who made a film presentation on their rubberized asphalt product. 196 Page thirteen City Council Minutes March 12, 1985 BUSINESS ITEMS - Continued. 55. Request from Lake Elsinore Softball Association to Remove and Replace Little League Pitchers Mound for Fast Pitch Tournament. Mr. Culp reported he had received a request from Leo Salgado, President of Lake Elsinore Softball Association, to remove the little league mound for a Fast-Pitch Tournament scheduled for March 22, 23 and 24, 1985, and replace following the tournament. Mr. Salgado also requested permission to use concession stand and sell beer. Staff recommends applicant be required to post five-hundred dollar ($500.00) cash bond or cashiers check as security, refundable upon successful completion of reconstruction and clean-up of pitching mound, concession stand and park. ~ MOVED BY STRIGOTTE, SECONDED BY KNIGHT AND CARRIED TO APPROVE STAFF RECOMMEN- DATIONS TO ALLOW LAKE ELSINORE SOFTBALL ASSOCIATION TO REMOVE AND REPLACE LITTLE LEAGUE PITCHERS MOUND DURING FAST-PITCH TOURNAMENT, MARCH 22, 23 AND 24, 1985 AND GRANT PERMISSION TO USE CONCESSION STAND AND SELL BEER, SUBJECT TO APPLICANT POSTING FIVE-HUNDRED DOLLAR ($500) CASH BOND OR CASHIERS CHECK BY MARCH 18, 1985, AS SECURITY, MOUND TO BE REPLACED TO SATISFACTION OF CITY STAFF BY MARCH 26, 1985, AND, WHILE SELLING ALCOHOLIC BEVERAGES, ASSOCIATION PROVIDE TWO (2) UNIFORMED SECURITY OFFICERS OR ONE (1) UNIFORMED DEPUTY SHERIFF. AYES: KNIGHT, MATSON, STRIGOTTE, VERMILLION NOES: VALENZUELA 56. Request from Ruben and Vivian Sanchez - Refund of Fees - 17111 Baker Street. Mr. Corcoran reported that a letter was received from Ruben and Vivian Sanchez requesting a refund of fees paid for a rezoning application (Zone Change 84-8) to bring their zoning into conformance with the General Plan. Total fees involved amount to seven-hundred-nine dollars and fifteen cents. In the past, the City has refunded fees paid for correcting inconsistencies of zoning and General Plan designations. Staff recommends this policy be continued. .... With regard to the Edison easement, this property cannot be developed or any improvement constructed thereon. Therefore, Ordinance No. 572, Capital Improvement Fees, should not be assessed on this portion of subject property. Staff recommends approval of request regarding calculation of fees excluding easement and apply Zone Change Fees towards fees for Building Permits. MOVED BY MATSON, SECONDED BY VERMILLION AND CARRIED TO APPROVE STAFF RECOMMEN- DATION TO APPROVE REQUEST OF RUBEN AND VIVIAN SANCHEZ REGARDING CALCULATION OF FEES, EXCLUDING EASEMENT, AND APPLY ZONE CHANGE FEES TOWARDS FEES FOR BUILDING PERMITS. AYES: MATSON, STRIGOTTE, VERMILLION, VALENZUELA NOES: KNIGHT 57. Request from Mr. and Mrs. Kramarczyk for Variance from Ordinance NO. 711 - 16736 Joy Street. Mr. Culp reported that on February 12, 1985, staff received a letter from Mr. and Mrs. Kramarczyk, requesting that they be allowed to construct a 240 square foot addition to the existing dwelling at 16736 Joy Street. The existing elevation of the structure falls between the 1267 and 1270 foot elevations as identified in Ordinance No. 711. .... Staff recommends denial of this request pursuant to Ordinance No. 711, Section Four. MOVED BY MATSON, SECONDED BY STRIGOTTE AND CARRIED TO DENY REQUEST OF MR. AND MRS. KRAMARCZYK, 16736 JOY STREET, FOR VARIANCE FROM ORDINANCE NUMBER 711. - o o (Y) w (D <x: - - Page fourteen City Council Minutes March 12, 1985 197 CITY MANAGER COMMENTS 1. Mr. Mo1endyk requested Mr. Cu1p give a status report on the water well. Mr. Cu1p reported that all site preparation has been performed. Contractor indicates he is on schedule and should meet target date of April 1,1985. Electric panel is being custom manufactured and should be available by March 25. Edison has assured that power is available at the site. CITY COUNCIL COMMENTS 1. Mayor Valenzuela reported that she has received a letter from Gary N. Cottrell, Chief Administrative Officer, County of Riverside, requesting the Council appoint a representative to a Steering Committee which will explore the feasi- bility of establishing a regular forum for elected officials to discuss issues of mutual concern. Mayor Valenzuela appointed Mayor Pro Tern Leon Strigotte as representative to the Joint County/Western Cities Steering Committee. 2. City Attorney John Harper stated that he would be happy to make himself avail- able to City staff and City Council for a few hours every month, to answer any questions they. may have and review documents. MOVED BY STRIGOTTE, SECONDED BY MATSON AND CARRIED UNANIMOUSLY TO DIRECT CITY ATTORNEY JOHN HARPER TO SCHEDULE TWO MORNING HOURS ON THE FIRST FRIDAY OF EACH MONTH IN CITY HALL, STARTING FRIDAY, APRIL 5, 1985. Councilman Knight 1. Commented that on Poe Street, between Kellogg and Heald, holes have been left open by public works crews replacing water meters. He asked that the City Manager follow-up with Public Works and see that they are filled as soon as possible. Councilman Matson 1. Commented that he has received many complaints from residents regarding a HUD project on Machado Street. These people feel they did not receive proper notification. He requested staff to follow-up and determine when a public hearing was held and what stage the proj~ct is in. 2. Commented on the low-interest loan program. He stated the Downtown Business Association thought these were to be guaranteed loans, which they are not. Also the Association would like loans for business operators rather than owners, as many of them lease the locations. He requested staff coordinate with the County and, in the event the Bank does not perform, we will be ready to proceed, after sixty days, and not be held up by paperwork. He also suggested staff set a study session with the Downtown Business Association. Councilman Strigotte 1. Requested a status report on the Lincoln Street Channel. Mr. Cu1p that the Engineering Department received revised plans last week. must process a permit through the Riverside County Flood Control. will bring back a report to Council with an estimate on completion reported Now they t~r. Cu 1 p time. 2. Referred to the HUD project which Mr. Matson had mentioned and requested staff determine if an Environmental Impact Report was done and if the Deodora trees were addressed at that time. 3. Asked if we are going to hire a consultant for advice on the Deodora trees. Mr. Cu1p stated he had contacted a consultant who could come out and give us a background on the trees, whether or not they are an endangered species and what their longevity might be. Consultant cost would be approximately three to four hundred dollars. l~~ge fifteen City Council Minutes March 12, 1985 CITY COUNCIL COMMENTS - Continued. Councilman Strigotte 4. Asked about the status of work at Spring and Sulphur Streets. Mr. Culp reported that they are grading the site and the contractor will install curb and gutter from Main Street to just beyond Dr. Cline's office. Elsinore Valley Municipal Water District will be placing a major sewer line through Spring Street and into Sulphur and beyond. Rather than construct improvements at this time, he plans to prepare the site and as soon as the sewer line is in place, complete the improvements. The interim surface will be made driveable and the inter- --- section will be made safe. 5. Requested staff prepare a study to determine if a four-way stop sign is warranted at the intersection of Spring and Graham. Mr. Culp will follow-up. 6. Asked the status of off-site deferrals which were called up on Riverside Drive and Lakeshore. Mr. Culp reported that an assessment engineer, Max Sloane, is studying single-lot assessment districts for two Riverside Drive properties. Plans have been submitted for improvements on Lakeshore Drive and are going through plan check. Mr. Strigotte suggested that a ninety-day call-up time is not realistic. Staff should evaluate and set a reasonable time period. 7. Commented on real estate signs tacked to trees and street markers which obscure vision for motorists. Requested Code Enforcement to follow-up, check major intersections and take down and confiscate signs. He also requested a letter be sent to all real estate agents regarding this matter. 8. Requested Council set study session dates with Park and Recreation, Downtown Business Association and the Chamber of Commerce. Council concurred to set the following dates: April 1, 1985 - 6:00 p.m. Park and Recreation April 11,1985 - 6:00 p.m. - Chamber of Commerce April 17, 1985 - 6:00 p.m. - Downtown Business Association ..... City Clerk was directed to coordinate with outside agencies and send a letter requesting them to come prepared to address any needs that the City would have to address at budget time. Councilman Vermillion 1. Requested written communication from staff or School District that we will be compensated for monies expended for the Jean Hayman School. Does not want to see the City left holding the bag. Mr. Matson commented that presently, all monies expended have been replaced. Mayor Valenzuela 1. Suggested Mr. Culp contact Wayne Eddy of the Trabuco Station regarding the Deodora trees. They have a biologist at the station. Also, contact Ken Crocker of the Sierra Club. 2. Stated she received a letter from Supervisor Walt Abraham regarding changing the postmark identification from San Bernardino to "Inland Empire". She requested a Proclamation be prepared supporting this effort, for the next Council agenda. Councilman Knight reported that he will.be out of the state on April 20 through April 24, 1985, attending an RTA meeting in San Antonio, Texas. - 199 Page sixteen City Council Minutes Ma rc h 12, 1 985 - ADJ UOURNr~ENT MOVED BY MATSON, SECONDED BY STRIGOTTE AND CARRIED UNANIMOUSLY TO ADJOURN THE REGULAR MEETING OF THE CITY COUNCIL AT 10:24 P.M., TO THURSDAY, MARCH 21, 1985 AT 6:00 P.M. ~ Xl ~ I""::) ~ ~ ATTEST: -