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HomeMy WebLinkAbout01-10-1984 City Council Minutes ~,~ MINUTES CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 10, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The Regular Meeting of the City Council was called to order by Mayor Unsworth at 7:31 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Mac Murray. ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS: COUNCILMB~BERS: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH NONE Also present were: City Manager Trevino, City Attorney Porter, City Engineer/ Public Works Director Rubel, Finance Director Barrick, City Planner Corcoran and City Clerk Money. CONSENT CALENDAR MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. Minutes - Regular Meeting - December 27, 1983 - Approved. 2. Animal Control Activity Report - December, 1983 - Received and Filed. 3. Building Division Activity Reports - a. Monthly Report - December, 1983 - Approved. b. Yearly Report - 1983 - Approved. 4. Approved Geothermal Agreements - a. Gertch, Juncal and Associates for geologic assessment. b. Oregon Institute of Technology for preliminary engineering for the Community Center retrofit. 5. Approved cooperative agreement between Riversi.cte County Flood Control and Water District, the City of Lake Elsinore, and the Lake Elsinore Redevelopment Agency for Redeve~opment Areas I and II. 6. Approved request for use of Community Center by the Lake Elsinore Square Dance Club on March 11, 1984 and waiver of fees. 7. Accepted agreement for deferral of off-site improvements and authorized Mayor to sign and City Clerk to record - 1340 Roger Street - Fausto and Susana Grano. 8. Approved final map for Tract No. 18195 and authorized City Clerk to sign and record. Accepted: 1. Streets and easements which are shown on map and offered for dedication, 2. Faithful Performance Bond for public improvements in the amount of $233,504.00, 3. Labor and Material Bond for public improvements in the amount of $233,504.00. Authorized Mayor to sign Subdivision Agreement on behalf of the City. 215' Page two City Council Minutes January 10, 1984 CONSENT CALENDAR - Continued. 9. Approved Warrant List for the Month of December, 1983 - Warrant Nos. 50008 through 50219 approved for payment in the amount of $474,749.57. PUBLIC HEARINGS 31. Conditional Use Permit 83-7 - Use of Temporary Office Trailer - Elsinore Union School District - 420 E. Lakeshore Drive. Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application of Conditional Use Permit 83-7 for use of a tem- porary office trailer located at 420 E. Lakeshore Drive, and asked staff to identify the project or issue and make recommendations. J.) l. t- r-- 2. ."":) ~ 0 3. 4. Mr. Trevino reported that the Planning Commission recommends approval of Conditional Use Permit 83-7, subject to the following conditions: A finding of conformance to the existing General Plan. Issuance of a Categorical Exemption. Meet requirements of the County Fire Department. A finding of no significant impact upon the environment. Staff concurs with Planning Commission recommendations. In addition, Mr. Trevino recommended Council waive the filing fee for the Conditional Use Permit as a courtesy to another Public Agency. The City Clerk stated no correspondence had been received by the City Clerk's Office regarding this project. Mayor Unsworth opened the public hearing at 7:35 p.m. asking those in favor of Conditional Use Permit 83-7 to speak. Eugene Carter, 109 N. Lowell, asked if there would be any classrooms involved in this request. Mr. Trevino stated that the trailer was to be for admini- strative office use only. Mayor Unsworth asked those in opposition to Conditional Use Permit 83-7 to speak. No one asked to speak. Mayor Unsworth closed the public hearing at 7:36 p.m. Moved by Mac Murray, seconded by Valenzuela to approve Conditional Use Permit 83-7 subject to four Planning Commission conditions, adding a fifth condition - Waiver of Filing Fee. (Motion failed.) Mr. Torn expressed opposition to the fifth condition stating that other Public Agencies such as EVMWD, have been required to pay filing fees on their projects. MOVED BY TORN, SECONDED BY KNIGHT TO AMEND THE MOTION TO DELETE THE FIFTH CONDITION - WAIVER OF FILING FEE. (Valenzuela withdrew second to original motion) - AYES: TORN, VALENZUELA, UNSWORTH NOES: KNIGHT, MAC MURRAY MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED TO APPROVE CONDITIONAL USE PERMIT 83-7 SUBJECT TO FOUR RECOMMENDED CONDITIONS. AYES: MAC MURRAY, TORN, VALENZUELA, UNSWORTH NOES: KNIGHT Mr. Knight stated he voted Ino. because the Conditional Use Permit should have been obtained prior to the trailer being placed on the property, not after the fact. .-n6 Page three City Council Minutes January 10, 1984 PUBLIC HEARINGS - Continued. 32. Conditional Use Permit 83-13 - Jess Rodriguez - Storage of Equipment and Parking of Disposal Trucks - Northwest Corner of Pottery and Spring Streets. Mayor Unsworth announced this was the time and place for a public hearing pur- suant to Conditional Use Permit 83-13 and asked staff to identify the project or issue and give staff recommendations. Mr. Trevino reported that Conditional Use Permit 83-13 proposes to locate a Disposal Company at the northwest corner of Pottery and Spring Streets, for the storage of disposal bins and roll-offs and parking of disposal trucks on a parcel of approximately .62 acres. The existing zoning is M-l (Manufacturing District) and the General Plan Land Use designates Limited Industrial. On January 3, 1984, the Planning Commission held a public hearing and after lengthy discussion, recommended approval of Conditional Use Permit 83-13, subject to thirty-four (34) conditions. They also recommended that Condi- tions 21B, 24, 29 and 30 be deleted; Conditions 4, 5, 9, 17, 20, 21C and 25 be modified; and Conditions 12, 13, 14, 15, 16, 23, 28, 31, 33 and 34 be deferred. ... Mr. Trevino stated that Staff has reviewed and given extensive consideration to this project and feels that if approval is considered, mitigation measures would have to be taken to lessen the impact of this high-intensity land use which may be more conducive to an M-2 (Industrial District) zone. The City Clerk read a letter received on January 9 from Daniel A. Salceda, Senior Vice-President of the Butterfield Development Corporation, stating their opposition to Conditional Use Permit 83-13. Mayor Unsworth opened the public hearing at 7:44 p.m. asking those in favor of Conditional Use Permit 83-13 to speak. ... Dave Bullen, 905 Lakeshore Drive, one of the owners of the property in question, addressed Council and distributed a list of revisions which he is proposing to the Planning Commission recommendations. Mr. Bullen discussed each con- dition and suggested modifications to some and deletion of others. He urged Council to approve Conditional Use Permit 83-13 with the revised conditions which he had submitted. Larry Cartier, local businessman, spoke in favor of Conditional Use Permit 83-13 and urged Council to consider the benefits of Mr. Rodriguez Disposal Business to the Community. Mayor Unsworth asked those in opposition to Conditional Use Permit 83-13 to speak. No one asked td speak. Mayor Unsworth closed the public hearing at 7:58 p.m. Mr. Torn commented that he felt the original thirty-four conditions recom- mended by staff were out of line with some of the other projects which Council has approved recently. He stated he is in agreement with revising the conditions as suggested by Mr. Bullen, with the exception being Condition No. 12 - Irrevocable offer of an additional 10 foot right-of-way on Pottery Street. He feels the City will have need for this right-of-way in the future. Mayor Unsworth suggested that Council review each of the conditions individually so that all changes are clearly defined and Council can make a better deter- ... mination on this project. After review, Council concurred to make the following revisions to conditions: 1. Finding of no significant impact upon the environment. 2. Issuance of a Negative Declaration. 21r1 Page four City Council Minutes January 10, 1984 PUBLIC HEARINGS - Continued. 32. Conditional Use Permit 83-13 - Jess Rodriguez - Storage of Equipment and Parking of Disposal Trucks - Northwest Corner of Pottery and Spring Streets - Continued. 3.. Concrete driveways and parking areas already in existence for trucks. The existing storage area has a 12" base of decomposed granite. This decomposed granite area must be treated for dust control. 4. Provide parking area striping ON SITE FOR EMPLOYEE PARKING as required by Planning Division. ~ ~ f'. "";) o .=:J 5. Applicant to provide adequate screening, predominately vegetation, with a plan (to include landscaping and screening) to be submitted to the Design Review Board for approval. 6. Landscaping will be provided adjacent outside walls, as approved by the Planning Division. 7. Provide sprinkler irrigation system for landscaping. 8. Provide sanitary sewer system or provide hook-up to present sewer system. 9. Conditional Use Permit shall be in effect for five (5) years and subject to annual review. 10. Provide written assurance that County Health Department requirements have been complied with. 11. Applicant shall make best effort in obtaining railroad right-of-way from the railroad to the City. 12. Pottery Street is classified as a Modified Secondary (80' - 64'). An additional 10 foot right-of-way is required. This may be done through irrevocable offer of dedication because an existing building would be within the required additional right-of-way. 13. Install curb and gutter 20 feet from centerline for Spring Street. Exis- ting curb must be moved because it is on the wrong alignment and is badly damaged. DEFER until modifications and street improvements on Spring Street are implemented, with a standard recordable agreement. 14. DELETED. 15. Construct standard five (5) foot sidewalk adjacent to property line along Spring Street and Pottery Street. Location and width may need adjustment from standard location on Pottery Street and subject to an approved channel overcrossing plan. DEFER until modifications and street improve- ments on Pottery Street are implemented, with a standard recordable agree- ment. - 16. Construct asphalt paving to City Stnadards from centerline to curbline on Pottery Street and Spring Street. Paving exists on both streets. Paving is defective and must be removed and replaced unless tests show that existing paving is to City Standards and will support the traffic index subject to City Engineer's approval. Street and curb and gutter along Spring Street shall not be constructed until rails are removed. Deferral of this construction may be necessary with Council approval until after rails (railroad tracks) are removed. DEFER until modifications and street improvements on Pottery Street are implemented, with a standard recordable agreement. 17. Provide one (1) street light on the corner, to City standards, which can be mounted on existing power poles adjacent to property. 18. Record Notice of Hazardous Conditions and Hold Harmless agreements from lOa-year flood plane of the outflow channel. laO-year flood elevation at Pottery Street is approximately 1269.4 based on Federal Insurance Rate Maps. -rz7 8 Page five City Council Minutes January 10, 1984 PUBLIC HEARINGS - Continued 32. Conditional Use Permit 83-13 - Jess Rodriguez - Storage of Equipment and Parking of Disposal Trucks - NW Corner of Pottery and Spring Streets - Continued. 19. Cooperate with City in establishing Lighting and Landscaping District. 20. Provide sanitary sewer service as approved by the City Engineer. There is an existing sewer main in Pottery Street in the existing parkway. Provide c1eanout at property line. 21. Dedicate subsurface water rights to the City of Lake Elsinore. If the existing water main in Pottery Street is less than 6 inches in size, install a new 10-inch main. (Adhere to at time of replacement, when a building permit-is requested). 22. Provide written assurance that County Fire Department requirements have been complied with for fire protection and fire hydrant locations. There is an existing fire hydrant on Pottery Street. 23. Provide traffic signs and marklngs. DEFER until modifications and street improvements are implemented, with a standard recordable agreement. - 24. DELETED. 25. Provide street trees as required by landscaping plan. 26. Pay Public Safety fees per Resolution No. 83-4: Police - $.15 per square foot of gross floor area of new and existing buildings. Fire - $.05 per square foot of gross floor area of new and existing buildings. .... 27. Pay Capital Improvement Fees: Street Park Storm Drain Sewer Water - $810.00 (180 x 150 x .03) - $270.00 (180 x 150 x .01) - $540.00 (180 x 150 x .02) - $520.00 for twenty plumbing fixture units - $500.00 for twenty plumbing fixture units 28. Pay Traffic Safety Impact Mitigation fee of $4,000.00. Prorated share to be deferred until the completion of the traffic safety signalization with a maximum of $4,000.00 referring to signalization on Pottery-Main or Spring- Graham or Graham-Main. 29. DELETED. ~ 30. DELETED. 31. Adjust sewer manholes and storm drain junction boxes in parkway to new grades as required by City Engineer. Defer until modifications and street improvements are implemented, with a standard recordable agreement. 32. DELETED. 33. DELETED. 34. DELETED. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE CONDITIONAL USE PERMIT 83-13, SUBJECT TO CONDITIONS, AS REVISED, TOTALING 27 COND IT IONS. MOVED BY VALENZUELA, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO DIRECT STAFF TO INCLUDE IN THE NEW ZONING ORDINANCE, A PROVISION TO ALLOW THIS USE IN THE M-1 ZONE. - COUNCIL RECESSED AT 9:03 P.M. 219 Page six City Council Minutes January 10, 1984 COUNCIL RECONVENED AT 9:12 P.M. PUBLIC HEARINGS - Continued. 32. Conditional Use Permit 83-13 - Jess ROdriguez - Storage of Equipment and Parking of Disposal Trucks - NW Corner of Pottery and Spring Streets - Continued. Larry Cartier commented that, as a businessman and a citizen of this com- munity, he wished to thank Council for their compassion and fairness in this issue. Dave Bullen joined in Mr. Cartier's comment and thanked the Council for approving this project. Conditional Use Permit 83-14 - Herbert and Vivian Hall - Use of Temporary Office Trailer - 16921 Lakeshore Drive. 33. ~ 00 ~ '-:) ~ o Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application of Conditional Use Permit 83-14 and asked staff to identify the issue or project and give staff recommendations. Mr. Trevino reported that Conditional Use Permit 83-14 is a request by Herbert and Vivian Hall for use of a temporary office trailer as a retail facility, at 16921 Lakeshore Drive. Planning Commission recommends approval of Condi- tional Use Permit 83-14 subject to thirty (30) conditions to which they added further recommendations to Conditions 16, 17, 18, 19, 23, 27, 28 and 30. Conditional Use Permit 83-14 proposed to locate a 12' x 60' office trailer on the front portion of property at 16921 Lakeshore Drive, to be used as a retail facility until permanent commercial structure is built. Applicant proposed on-site improvements, including landscaping and temporary parking alignment. Length of time for temporary use of proposed trailer has not been specified by the applicant, however, he has indicated that construction of the permanent facility will begin in the very near future. The City Clerk stated that no correspondence has been received by the City Clerk's office regarding this project. Mayor Unsworth opened the public hearing at 9:15 p.m. asking those in favor of Conditional Use Permit 83-14 to speak. Rick Davenport, owner of Aloha Pools and the applicant, stated that they anticipated using the temporary office trailer for a very short time. He asked for deferral of some of the conditions and agreed to discuss other conditions during the Council review period after the public hearing. Mayor Unsworth asked those in opposition to Conditional Use Permit 83-14 to speak. No one asked to speak. Mayor Unsworth closed the public hearing at 9:20 p.m. Lengthy discussion followed regarding the recommended conditions. It was determined that the thirty Planning Commission conditions were part of a Lot Line Consolidation approval which was obtained on this property. Those same conditions of approval were applied to the Conditional Use Permit and will also apply to the permanent structure. If the applicant is unhappy with the conditions of approval, he must make a formal appeal to Council. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE CONDITIONAL USE PERMIT 83-14, SUBJECT TO THE THIRTY (30) PLANNING COMMISSION COND IT IONS: 1. Applicant shall present design elevations and a landscape plan to the Design Review Board for approval. 2. Approval shall be for a period of twelve (12) months after which time the applicant may petition the City Council for an extension not to exceed six (6) months. 280. Page seven City Council Minutes January 10, 1984 PUBLIC HEARINGS - Continued. 33. Conditional Use Permit 83-14 - Herbert and Vivian Hall - Use of Temporary Office Trailer - 16921 lakeshore Drive - Continued. 3. Provide separate subsurface sewage disposal for trailer. 4. Meet all requirements of Riverside County Health Department for subsurface sewage disposal. 5. Staff recordation of CC & R's as required by City Council. 6. A finding of conformance to the existing General Plan. - 7. Issuance of a Categorical Exemption. 8. Provide parking layout, to be approved by Planning Division. 9. Meet requirements of County Fire Department. 10. A finding of no significant impact upon the environment. 11. Provide Iwi11 servel letter for water service from Elsinore Valley Municipal Water District. 12. On lakeshore Drive, a 30 foot one-half street right-of-way exists. Dedi- cate 10 feet of additional right-of-way to conform to the City's General Plan for a Modified Secondary which requires a 40 foot wide one-half street. 13. On Illinois Street, a 20 foot one-half street right-of-way exists. Dedi- cate 8 feet additional right-of-way for a 28 foot wide one-half street. 14. Install curb and gutter 32 feet from centerline on lakeshore Drive. 15. Install curb and gutter 20 feet from centerline on Illinois Street. 16. Construct 8 foot full concrete sidewalk on lakeshore Drive and 6 foot sidewalk on Illinois Street. On Illinois Street the planter as shown on plot plan must be located out of the street right-of-way. 17. Construct asphalt paving to City Standards from centerline to curb line on both lakeshore Drive (Traffic Index = 7.5) and Illinois Street (Traffic Index = 6.5), DEFER. -- 18. Provide Street lighting. A luminaire can be placed on a pO\'/er pole at the intersection of lakeshore Drive and Illinois Street. 19. Cooperate with City in establishing a lighting and landscaping District. DEFER UNTIL SUCH TIME AS THE CITY ESTABLISHES DISTRICT. 20. Provide sanitary sewer service as approved by the City Engineer. There is an existing sewer main in lakeshore Drive. Construct cleanout at property line. 21. Dedicate subsurface water rights to the City of Lake Elsinore. Provide City with letter of water availability from Elsinore Water District. 22. Provide written assurance that County Fire Department requirements ... have been complied with for fire protection and fire hydrant locations. 23. Provide traffic signs and markings. DEFER. 24. Plans and specifications for public improvements to be prepared by a registered civil engineer. 25. Provide street trees as required by the City. 26. Pay Public Safety fees per Resolution No. 83-4: Police - $.15 per square foot of gross floor area of new and existing buildings. 281 Page eight City Council Minutes January 10, 1984 PUBLIC HEARINGS - Continued. 33. Conditional Use Permit 83-14 - Herbert and Vivian Hall - Use of Temporary Office Trailer - 16921 Lakeshore Drive - Continued. Fire - $.10 per square foot of gross floor area of new and existing buildings. 27. Pay Capital Improvement Fees: Sewer - $420.00 for twenty fixture units Streets - $ .03 x (*) Square Foot Parks - $ .01 x (*) Square Foot Storm Drains - $ .02 x (*) Square Foot *Refigure, after dedication, on new square footage. oX) r-- l'- '""':) Q o 28. Pay Traffic Safety Impact Mitigation fee of $3,000.00. DEFER - TRAFFIC SAFETY MITIGATION FEE NOT TO EXCEED $3,000.00. 29. Process merger to acreage through City. 30. Pay Storm Drainage Impact Mitigation fee of $3,000.00. DEFER - STORM DRAINAGE MITIGATION FEE NOT TO EXCEED $3,000.00. Discussion continued. Mr. Davenport stated he was asking for deferral of certain conditions until building permit stage, at which time they would be met and included in the construction of the permanent facility. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE TEMPORARY OCCUPANCY OF OFFICE TRAILER AT 16921 LAKESHORE DRIVE, WITH STREET IMPROVEMENTS BEING DEFERRED AND INCORPORATED INTO PERMANENT STRUC- TURE AT BUILDING PERMIT STAGE. BUILDING PERMIT TO BE PULLED WITHIN SIXTY (60) DAYS. EXECUTIVE SESSION Mr. Trevino requested a closed session to discuss personnel and litigation matters at 9:44 p.m. Council reconvened at 10:44 p.m. with no action taken. BUSINESS ITEMS 51. Commercial Project 83-10 - Rancho Consultants, Inc. - Construction of Retail/Commercial Center - NW of Riverside Drive and Lincoln Intersection. Mr. Trevino reported that Commercial Project 83-10+was a proposal to construct 71,307 square foot retail/commercial center on 5.8- acres, located northwest of the intersection of Riverside Drive and Lincoln Street. The Planning Commission recommends approval of the site plan of Commercial Project 83-10. Subject proposal is for a retail/commercial center consisting of three (3) structures; the main structure will anchor proposed project and consist of a market, 29,120 square feet in area, bounded on both sides with specialty shops, 12,275 square feet and 15,000 square feet in area respectively_ The remaining two structures have frontage on Riverside Drive, a commercial one-story structure consisting of 5,412 square feet in area and a financial one-story structure of 9,500 square feet in area. The Planning Commission reviewed this project at their regular meeting on December 20, 1983 and recommended approval subject to twenty-four (24) conditions. The Design Review Board recommended approval subject to app- licant working with staff on their landscaping plan. '"]82 Page nine City Council Minutes January 10, 1984 BUSINESS ITEMS - Continued. 51. Commercial Project 83-10 - Rancho Consultants, Inc. - Construction of Retail/Commercial Center - NW of Riverside Drive and Lincoln Intersection - Continued. Location of the project was clarified as being Southwest of the Intersection of Riverside Drive and Lincoln, not Northwest as stated. - James Hand, 1838 Santa Margarita, Fallbrook, Project Manager, commented on Condition No. 20 - Applicant to pay traffic safety impact mitigation fee for traffic signalization for Lincoln Street and Riverside Drive in the amount of $32,500.00. DEFER WITH BONDING. He asked what the timing would be as to the installation of this traffic signal. Mr. Trevino stated as soon as the project is completed there will be need for the traffic signal. MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE PLOT PLAN FOR COMMERCIAL PROJECT 83-10. 52. Appeal of Planning Department Determination - Stephen Hand. Mr. Trevino reported Mr. Hand's business, Video Barn, is currently located at 119 East Graham Avenue. Mr. Hand wishes to relocate this business to 31115 Riverside Drive. He was informed by the Planning Department, pursuant to Lake Elsinore Municipal Code Section 17.66.040 (11) he would be required to provide a minimum of five (5) off-street parking spaces based on the gross floor area of customer sales and service. He was also informed the proper procedure requires filing a Conditional Exception Permit for a variance of this requirement. Mr. Hand feels he should be exempt from these requirements and wishes to appeal the decision to Council. Stephen Hand, 1108 Cleveland Court, proprietor of Video Barn, stated that he has met the requirements of five parking spaces. However, the City is requiring he meet all Ordinance 704 requirements such as landscaping, paving, - curbs, etc. Mr. Hand stated he is a tenant and the owner is not willing to make expensive improvements. The location on Riverside Drive is an existing building which has had commercial use in the past. He feels he should be exempt from the requirements of Ordinance 704. He added, he wants to use DG in the rear parking area instead of blacktop. Jim Corcoran stated that the problem was not the five rear parking spaces, the problem is access to the parking spaces. Access between buildings is too narrow. Mr. Unsworth asked why all the requirements if it is an allowed use. Mr. Trevino explained that even though it is an allowed use, Code requires paved parking. If Mr. Hand wishes to deviate from this requirement, he needs to apply for a variance. Staff decision is that Mr. Hand must comply with paving and parking requirements of Code and is not exempt. MOVED BY TORN, SECONDED BY VALENZUELA TO CONCUR WITH STAFF DECISION. AYES: TORN, VALENZUELA NOES: KNIGHT, MAC MURRAY, UNSWORTH (t.1otion Failed) MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED TO DIRECT MR. HAND TO APPLY FOR A CONDITIONAL EXCEPTION PERMIT FOR A VARIANCE OF THESE REQUIR81ENTS. AYES: KNIGHT, MAC MURRAY, UNSWORTH NOES: TORN, VALENZUELA - 283 Page ten City Council Minutes January 10, 1984 BUSINESS ITEMS - Continued. 53. Appeal - Residential Project No. 83-7 - NW Corner of Heald Avenue and Mohr Street - Rumansoff. J:J ~ '-""" ''"'':) C:l o Mr. Porter reported that early in 1983, Mr. Rumansoff, representing Mr. Perardi, came in to the Planning Department for information regarding the property in question. His client, Mr. Perardi, proposed to construct two duplex units on two lots, each lot 50' x 1651. Initially, he was informed by the Planning Department staff that the project was in the R-2 Zone, and even though the project did not meet exact General Plan densities, the density was compatible with the General Plan. The working drawings for this project were submitted to the Design Review Board which heard the project on September 6, 1983. At that time the applicant was informed that compliance with the General Plan density would have to be reviewed by the City Attorney. On September 14, 1983, Mr. Porter informed Mr. Rumansoff that the property had been rezoned from R-2 to R-l by Ordinance No. 573, in 1977 and the zone change apparently was not picked up and added to the zoning map which staff relies upon in reviewing matters such as this. Applicant and staff have had several meetings and various options were reviewed. Staff considered Administrative Waiver, where minor inconsistencies exist. After looking at the site, it was determined this could not be considered a minor incon- Sistency. The proposed use was not close enough to existing uses to allow the Administrative Waiver. Staff recommended the General Plan Amendment procedure as a means of solving the problem. Russell Rumansoff, project architect, reviewed the background of this project, stating that they had followed all City procedures and proceeded with the project based on information from staff, and now, after several months of work, have been told the project cannot be ~pproved. He appealed to Council for some direction in working out a solution to this problem. Council discussion followed. Mr. Porter advised that, under the circum- stances, Council cannot approve this project. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO DENY APPEAL OF RESIDENTIAL PROJECT NO. 83-7, DIRECT STAFF TO EXPIDITE ZONE CHANGE PROCESS AND WAIVE FEES, WAIVE FEES FOR GENERAL PLAN AMENDMENT, AND APPLICANT TO AGREE TO RELEASE THE CITY FROM ANY CLAIM OF DAMAGES. 54. Raised Median in Main Street - Progress Report. Mr. Knight stated that he had originally suggested this project, and since the proposal was not what he had envisioned, he wQuld like to table this project indefinitely. . . MOVED BY KNIGHT, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO TABLE THIS PROJECT INDIFINITELY. 55. Appeal of Grading Requirements - Country Club Heights - Marshall Rayner. Mr. Rubel reported that staff has received correspondence from Marshall Rayner, representing his client Mr. Joe Rodriguez, who proposes to construct a single-family dwelling on a site in Country Club Heights, located between Skyline Drive and Sunnyslope Lane. Mr. Rayner is requesting variance from existing grading and roadway standards. Staff has spent considerable time with Mr. Rodriguez and Mr. Rayner dis- cussing the proposed site and the difficulties in complying with the grading ordinance for his proposed development. This request is one of the reasons staff proposed the General Plan Amendment 83-4b. Mr. Rayner was advised that this General Plan Amendment could possibly provide a vehicle for some deviation from the existing standards. 284 Page eleven City Council Minutes January 10, 1984 BUSINESS ITEMS - Continued. 55. Appeal of Grading Requirements - Country Club Heights - Marshall Rayner - Continued. Mr. Rayner was asked to submit his plans through the Building Department and pay the required fee in order that staff could justify spending more time formally reviewing the grading plan, but he chose not to do so. The plans have not yet been formally submitted for review by staff nor submitted to the Design Review Board. However, considerable staff time has been spent on this project. The applicant does not want to comply with City code require- ments. Staff recommends denial of this request. ... MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO DENY REQUEST OF MARSHALL-RAYNER FOR VARIANCE FROM GRADING AND ROADWAY STANDARDS. 56. Deferral of Off-Site Improvements - 16320 Stevens Street - Warren Wicks. Mr. Rubel reported that Warren Wicks, owner of the property at 16320 Stevens Street, is requesting deferral of off-site improvements along his total property frontage. Presently there are eleven homes on Stevens street and five homes on Arnold Avenue, which fronts his property, none of which have street improvements. Staff recommends approval of deferral of street improvements with a recorded lien agreement and surety bond. Council discussion followed regarding the requiring of a surety bond by this applicant. Mr. Porter stated this is common practice in other cities and allows the City to enforce the agreement with less expense involved on the part of the City. Mr. Torn commented on the fact that other projects which were approved at this meeting had not been required to bond, only to provide a standard lien agreemer ... Mr. Porter stated that it was his understanding that the standard agreement called for bonding. Mr. Rubel stated that these agreements had not been amended as yet. Perhaps Council needs to make a determination that future standard agreements for deferral of public improvements contain a requirement of bonding. Mr. Torn stated that in the past, the Country Club Heights area has never been required to put in curbs and gutters due to the topography and the rural atmosphere which exists. Standard agreements have been required in the past, however, these did not include bonding. If these improvements are ever re- quired of property owners in this area, it could be as long as twenty (20) years away. Mr. Porter agreed that under those circumstances, bonding should be waived. Mr. Torn requested Mr. Porter prepare a repprt which addresses the differences between single family residential lots and commercial lots with regard to the need for public improvements. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE DEFERRAL OF STREET IMPROVEMENTS AT 16320 STEVENS STREET WITH A PRE-BOND RECORDED LIEN AGREEMENT. OFF-AGENDA ITEM Weed Abatement .... Staff Recommendations are as follows: 1. Adopt Resolution which provides for the abatement of weeds, rubbish, refuse and dirt and which sets a public hearing for February 14, 1984. 2. Authorize the Public Works Department to perform the discing for weed abatement and general clean-up. 285 Page twelve City Council Minutes January 10, 1984 OFF-AGENDA ITEM - Continued. Weed Abatement - Continued. 3. Authorize the City Manager to make other arrangements as he determines appropriate, to accomplish all abatement includingcontracttngand/or utilizing City personnel. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATIONS. .x;; r-. t-- '''"':) Q o RESOLUTION NO. 84-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING THAT CERTAIN WEEDS, RUBBISH, REFUSE 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 PRO- VIDING FOR A HEARING ON OBJECTIONS, TOGETHER WITH THE FILING OF COST REPORTS AND ASSESSMENTS AGAINST ABUTTING PROPERTY OWNERS. REPORTS AND RECOMMENDATIONS Mr. Mac Murray questioned the status of the Senior Home Repair Service. Mr. Trevino stated that this was on the County Board of Supervisors agenda last week for County approval. Mr. Trevino will follow-up. Mrs. Valenzuela stated she received a letter from Sam Farr, Chairman of the State Economic Development Committee. The committee has determined that several things should be looked into. As their ideas develop, they would like to receive input from the City. They will be sending us materials on the proposals. John Unsworth stated that he has received a letter from the Chamber of Commerce, requesting Arta Valenzuela be the Council representative to the Chamber for the upcoming year. Mr. Torn stated he would like to nominate Larry Knight as representative to the Chamber of Commerce. Council consensus was to appoint Larry Knight as representative to the Chamber of Commerce. ADJOURNMENT MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO ADJOURN THE REGULAR MEETING OF THE CITY COUNCIL AT 11:49 P.M. ATTEST: