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HomeMy WebLinkAbout10-11-1983 City Council Minutes 106 MINUTES CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 11,1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The Regular Meeting of the City Council was called to order by Mayor Unsworth at 7:43 p.m. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance to the Flag was led by Councilmember Knight. ROLL CALL The City Clerk called the roll: PRESENT: COUNCILMEMBERS: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Trevino, City Attorney Porter, City Engineer/ Public Works Director Rubel and City Clerk Money. PRESENTATIONS Mayor Unsworth introduced Lee Danniher of King Video Cable TV, 16655 Lakeshore Drive, who announced the coming of the new Disney Channel to the Lake Elsinore area. He invited everyone to attend an all day open house at King Video on Saturday, October 15, 1983. CONSENT CALENDAR -- The following items were removed for further consideration and discussion: ~lr. Porter requested Item 1 be removed. Mr. Torn requested Items 3, 4, 6, 11 and 12 be removed. Mr. Mac Murray requested Item 9 be removed. Mr. Unsworth requested Item 14a. be deleted from the Consent Calendar as Commer- cial Project 83-9 does not require a public hearing before City Council. MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE BALANCE OF THE CONSENT CALENDAR. 2. Resolution Amending P.E.R.S. Contract - Approved. RESOLUTION NO. 83-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE. 5. Request of Lake Elsinore Valley Sun Tribune - Soap Box Derby - Approved. ... 7. Riverside County Office On Aging - Contract and Resolution - Approved. RESOLUTION NO. 83-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, SIGNIFYING ITS INTENTION TO SUBMIT A REQUEST FOR ON-GOING TITLE IIIB FUNDS FOR FISCAL YEAR 1983-84 UNDER THE OLDER AMERICAN ACT OF 1965 AND AUTHORIZING THE CITY MArIAGER TO COMPLETE ALL DOCUMENTS, TO SUBMIT APPLICATION IN SUPPORT OF REQUEST FOR FUNDS. 207 Page two City Council Minutes October 11, 1983 CONSENT CALENDAR - Continued. 8. Building Division - Monthly Activity Report - September, 1983 - Received and Filed. 10. Resolution Revising Encroachment Permit Fee - Approved RESOLUTION NO. 83-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REVISING THE ENCROACHMENT PERMIT FEE SCHEDULE. J:) ~ l'- I'"":) o o 13. Claim No. 83-24 - RECTOR, Jerry - Rejected and Referred to City Attorney. 14. Set for Public Hearing - November 8, 1983 - Approved b. Tentative Parcel Map 19261 - Division of ten acres into four parcels. 15. Warrant List - September, 1983 - Approved Warrant Nos. 19020 through 19226 in the amount of $267,181.17. ITEMS REMOVED FROM CONSENT CALENDAR 1. Ordinance Amending P.E.R.S. Contract. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO READ THE ORDINANCE BY TITLE ONLY. The City Clerk read the title of the Ordinance: ORDINANCE NO. 682 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. MOVED BY KNIGHT, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE ORDINANCE NO. 682. AYES: COUNCILMEMBERS: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH NOES: COUNCILMEMBERS: NONE 3. Request of Jubilee Committee - Scheduling of City Park and Swick Field. Mr. Torn suggested that a study session be scheduled to discuss this request more thoroughly. -- MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO TABLE THIS REQUEST AND SCHEDULE A STUDY SESSION WITH THE JUBILEE COMM- ITTEE FOR FURTHER DISCUSSION. 4. Dedication of A1tha Merrifield Memorial Library. MOVED BY KNIGHT, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO CON- TINUE THIS ITEM TO THE NEXT COUNCIL MEETING, OCTOBER 25, 1983. 6. Request from Kay B. McMullin to Barricade Streets for Block Party. Mr. Torn stated that the request to barricade Cimarron Road at Dryden for a block party did not require Council approval as this is a County Road. ~OB Page three City Council Minutes October 11, 1983 ITEMS REMOVED FROM CONSENT CALENDAR - Continued 9. Sale of Excess Granular Material - Wasson Canyon and the Outflow Channel. Mr. Mac Murray asked for clarification on the price and quantity of material to be sold. Mr. Rubel stated that up to 20,000 cubic yards will be sold at a price of $1.10 per cubic yard. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED TO AUTHORIZE THE CITY MANAGER ... TO SELL UP TO 20,000 CUBIC YARDS OF GRANULAR MATERIAL AT $1.10 PER CUBIC YARD, WITH A DISCLAIMER THAT THE CITY DOES NOT WARRANTY THIS MATERIAL IN ANY WAY. AYES: KNIGHT, MAC MURRAY, TORN, UNSWORTH NOES: VALENZUELA . 11. Resolution Restricting Parking on One Side of Certain Streets. Mr. Torn stated that there is already a shortage of off-street parking for the rental units in this area and this proposal would take away half of the available parking. He recommended a community meeting to make the residents of this area aware of the traffic flow problem and possibly they could be helpful in coming up with an alternate solution. Ms. Valenzuela stated that there is a serious safety problem as fire trucks and other emergency vehicles have difficulty getting through the area. She suggested making every other street in the area one-way which might alleviate the problem without taking away any parking. Mr. Unsworth suggested scheduling a study session, notifying the residents of this area and inviting their input. Mr. Knight commented that some of the business people park on these side streets and he feels we must provide some additional parking in the downtown area. .... Hilda Barnhart mentioned that the alleys in this area are in such bad repair. that people cannot use their garages for parking. She suggested the City make necessary improvements to the alleys and this might help eliminate the parking problem. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO TABLE THIS ITEM AND DIRECT STAFF TO SCHEDULE A STUDY SESSION AND DIRECT CITY ENGINEER TO PREPARE A REPORT ON THE CONDITION OF ALLEYS IN THIS AREA. 12. Ordinance Adopting Revised Riverside County Standard Plans and Specifications. Mr. Torn asked for clarification o~ some areas where the City was in conflict with the County. Mr. Rubel stated that this Ordinance revises the Ordinance which authorizes the City to adopt the revised County standards by Resolution. When the Resolution is presented to Council after the second reading of the Ordinance, it will contain the proposed variations from County standards. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO READ THE ORDINANCE BY TITLE ONLY. The City Clerk read the title of the Ordinance: - ORDINANCE NO. 683 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, OF RIVERSIDE COUNTY, CALIFORNIA, AMENDING CHAPTER 12.04 OF THE LAKE ELSINORE MUNICIPAL CODE GOVERNING STREET CONSTRUCTION STANDARDS AND SPECIFICATIONS FOR CONSTRUCTION IN PUBLIC PLACES. 209 Page four City Council Minutes October 11,1983 ITEMS REMOVED FROM CONSENT CALENDAR - Continued. 12. Ordinance Adopting Revised Riverside County Standard Plans and Specifications - Continued. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE FIRST READING OF ORDINANCE NO. 683. AYES: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE PUBLIC HEARINGS 31. .L;; t-- t-- '""':) o o - Special Permit 83-1: Michael Maltby - Preschool/Day Care Center - Northwesterly of Intersection of Riverside Drive and Richard Street. Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application of Special Permit 83-1. Mr. Trevino reported that at a regular meeting on October 4, 1983, the Planning Commission reviewed Special Permit 83-1, applicant Michael Maltby, to establish a preshcool/day care center at the northwest intersection of Riverside Drive and Richard Street. The location of this project is outside the 100-year flood area. The Planning Commission recommends approval of Special Permit 83-1, subject to twenty (20) conditions. The City Clerk stated that no correspondence had been received by the City Clerk's office regarding this matter. Mayor Unsworth opened the public hearing at 8:04 p.m. aSking those in favor of Special Permit 83-1 to speak. No one asked to speak. Mayor Unsworth asked those in opposition to Special Permit 83-1 to speak. No one asked to speak. Mayor Unsworth closed the public hearing at 8:05 p.m. Mr. James Maltby, representing his son, Michael Maltby, 12852 Topaz Street, Garden Grove, stated that his son is in the process of purchasing the property. Council discussed street paving requirements and expressed a desire to see the plot plan and elevation drawings in order to determine the ultimate scope of the project. Mr. Torn stated he felt a three year review would be adequate, since this type of operation is controlled by State and County regulations. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED TO APPROVE SPECIAL PERMIT 83-1 SUBJECT TO TWENTY (20) CONDITIONS OF THE PLANNING COMMISSION, CHANGING CONDITION NO.1 TO 'A THREE YEAR REVIEW'. 1. 2. 3. Three year review of Special Permit 83-1 by City Staff. Property to have chain link perimeter fencing. Structural desians and elevations must go before the Design Review Board for review. 4. 5. 6. Trim Palm trees (on north side of Richard Street). Project to meet all applicable City, County and State Codes. Install curb and gutter 38 feet from centerline on Riverside Drive and 16 feet from centerline on Richard Street. 7. Construct paving to City and Cal Trans standards, from curb to centerline on Riverside Drive using a Traffic Index of 8.5. A 12 foot width of paving on north side of centerline exists and appears adequate but must be tested. Construct paving on Richard Street from curb to centerline to City standards using a Traffic Index of 6.0. ~o Page five City Council Minutes October 11,1983 PUBLIC HEARINGS - Continued. 31. Special Permit 83-1: Michael Maltby - Preschool/Day Care Center - Northwesterly of Intersection of Riverside Drive and Richard Street - Continued. 8. Construct a 6 foot wide sidewalk on Riverside Drive frontage and a 4.5 foot wide sidewalk on Richard Street. 9. Driveway access shall be from Richard Street only. 10. Provide a street light. 11. Work with the City to participate in a Lighting and Landscaping District. 12. Construct cross gutter at Riverside Drive and Richard Street. 13. Connect to City Sewer and install cleanout at property line. There is evidence that a sewer lateral exists to the site. .... 14. Provide to the City a water tv/ill serve' letter. 15. Provide fire protection as required by the County Fire Department. 16. Provide street signing and striping as necessary on Richard Street as required by the City Engineer for traffic.safety. 17. Obtain Encroachment Permit from Cal trans for improvements on Riverside Drive. 18. Palm trees to remain if they do not seriously interfere with street construction. Applicant shall trim palm trees. 19. Plans and specifications for all off-site improvements shall be prepared byapplieant's civil engineer for approval by the City. 20. Applicant agrees to no parking on Richard Street for traffic safety reasons. ... AYES: KNIGHT, TORN, UNSWORTH NOES: MAC MURRAY, VALENZUELA Mrs. Valenzuela stated that she feels this is a good and necessary project but voted no because she disagrees with Condition No. 7 requiring a developer to make improvements on a State Highway. 32. Conditional Exception Permit 83-6 - Carl's Jr. - Request to vary from Height Requirements of City Sign Ordinance. Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application of Conditional Exception Permit 83-6. Mr. Trevino reported that the Planning Commission, due to a tie vote, was unable to reach a majority determination on this proposal, however, staff recommends approval of Conditional Exception Permit 83-6 subject to the following five conditions: 1. Sign shall be placed at location identified on the site plan. 2. Sign shall not exceed a height of 60 feet. .... 3. Issuance of a Categorical Exemption. 4. Sign shall be utilized for identifying both Carl's Jr. and a future tenant. 5. A finding of conformance with the General Plan. 211 Page six City Council Minutes October 11, 1983 PUBLIC HEARINGS - Continued J:) l'- ~ '-:> ~ o 32. Conditional Exception Permit 83-6: Carl IS Jr. - Request to vary from Height Requirements of City Sign Ordinance - Continued. The site of this project is west of Railroad Canyon Road, East of San Jacinto River Road and South of the 1-15 Freeway and North of Casino Drive (Hwy. 71). The Lake Elsinore Municipal Code limits sign height to 20 feet while the applicant is requesting sixty-five (65) feet. Staff feels ex- traordinary circumstances exist in that the property is below the grade of 1-15, thus making it difficult for motorists to view the restaurant until well past the 1-15 off-ramp. Also, there are existing signs within the immediate area of a similar design. If Conditional Exception Permit 83-6 is approved, applicant intends to locate his sign near the northwest portion of the project. Mr. Trevino stated that this project is within the Redevelop- ment area and this report will serve as background for Redevelopment Agency determination later this evening. The City Clerk reported that no correspondence has been received by the City Clerkls office on this project. Mayor Unsworth opened the public hearing at 8:18 p.m. asking those in favor of Conditional Exception Permit 83-6 to speak. Hilda Barnhart, Planning Commissioner, 212 E. Graham, stated that she was not able to attend the Planning Commission meeting at which time Conditional Exception Permit 83-6 was heard. She stated that she was totally in favor of a tall sign in the area where Carl's Jr. is proposing to locate. Lee Olson, 1200 N. Harbor, Anaheim, representing Carl IS Jr., stated they are in favor of the tall sign. Mr. Olson presented photos and other visual aids showing the project area and surrounding commercial developments. He showed exactly where the Carlls Jr. sign would be placed and stressed the fact that the taller sign would not interfere with the view of the lake. Robert Jacobson, 174 N. Chestnut Street, stated he is in favor of this project. It will create employment for your people and is good for the economy of Lake Elsinore. Eugene Carter, 109 N. Lowell Street, stated he is in favor of the project. Mayor Unsworth asked those in opposition to Conditional Exception Permit 83-6 to speak. No one asked to speak. Mayor Unsworth closed the public hearing at 8:28 p.m. Mr. Mac Murray stated that when 1-15 was constructed it diminished exposure for local businesses. He feels we need this kind of commercial 'project to attract traffic off the freeway and is in favor of Conditional Exception Permit 83-6. - Mr. Torn stated that as with the Mobil and McDonald's signs, he is very much opposed to this proliferation of a potential forest of freeway signs. He feels that Councils have made mistakes in the past with regard to existing tall signs. He is in favor of the project but feels there are enough signs to draw people off the freeway without adding to the number of tall signs which detract from the pleasant view we have now when driving in this area. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED TO APPROVE CONDITIONAL EXCEPTION PERMIT 83-6 SUBJECT TO FIVE (5) STAFF CONDITIONS AND ALLOWING A SIXTY. (60) FOOT SIGN. AYES: KNIGHT, MAC MURRAY, VALENZUELA, UNSWORTH NOES: TORN ~2 Page seven City Council Minutes October 11, 1983 PUBLIC HEARINGS - Continued 33. Commercial Project 83-8: Carl IS Jr. - Construction of Commercial Structures - South of 1-15, West of Railroad Canyon Road, North of Casino Drive. Mr. Unsworth announced this was the time and place for a public hearing pursuant to the application of Commercial Project 83-8. Mr. Trevino stated that this is the commercial aspect of the Carl's Jr. project and this report will serve for both Council and Redevelopment Agency hearing and determination. This project involves construction of a 4,003 square foot commercial structure for Carlls Jr. fast food restaurant, as well as construction of a 3400 and a 2800 square foot structure housing two tenants. Structures will be a Spanish architectural design. .... The Planning Commission and Design Review Board recommend approval of Commercial Project 83-8 subject to twenty-nine (29) conditions: 1. All items depicted on plot plan and elevations shall be provided as indicated, unless otherwise modified by the Design Review Board's conditions (including the revision discussed in the bOdy of this report). Any proposed changes must be resubmitted to the Design Review Board for approval. 2. Interior design shall incorporate a recreational motif (Carl IS Jr.). 3. All roof mounted equipment, trash area and ground support equipment shall be effectively screened from public view and subject to approval by the Planning Division. 4. All planting areas shall have permanent and automatic sprinkler systems. 5. All utility services shall be located underground. 6. All planting areas shall be separated from paved areas with a six (6) inch high concrete curb. 7. Reciprocal parking agreement for the entire project to be implemented within the CC & Rls. ... 8. Staff recordation of CC & Rls as required by City Council. 9. Casino Drive to have one-half street right-of-way width of 40 feet with one-half pavement width of 32 feet from centerline to curb. This is subject to Council approval of General Plan Amendment downgrading Casino Drive from a major (100'-761) to a modified secondary (801-641). If street is not downgraded, a 50 foot half street right-of-way will be required and a street width of 38 feet from centerline to curb face. Construct street paving from centerline to curb by City standards using a Traffic Index of 7.5. The existing right-of-way in excess of this width (approximately 201) is recommended to be abandoned. 10. On Railroad Canyon Road a 55 foot one-half street width exists in con- formance with the General Plan. Install curb and gutter 43 feet from centerline for Railroad CanyonRoad~ -E~tend curb, gutte~ and 81 sidewalk to 1-15 off ramp. Construct street paving from curb to center of future roadway to City standards using a Traffic Index of 8.5 Construct raised curb median 61 wide along Railroad Canyon Road. The alignment of the median to be approved by the City Engineer, once the traffic lanes have been established. -- 11. On San Jacinto River Road install curb and gutter 16 feet from centerline of existing 80 foot right-of-way. Construct paving from curb to center of future roadway to City standards using a Traffic Index of 6.5. A 16 foot width of excess right-of-way is recommended to be abandoned along San Jacinto River Road. 12. Applicantls engineer to provide title report and prepare legal descrip- tion and exhibits of excess right-of-way proposed to be abandoned. 13. Furnish City Engineer with soils report to include street pavement design. 213 Page ei ght City Council Minutes October 11, 1983 PUBLIC HEARINGS - Continued. 33. Commercial Project 83-8: Construction of Commercial Structures - Carl's Jr. - South of 1-15, West of Railroad Canyon Road, North of Casino Drive - Continued. 14. Construct standard 8 foot sidewalks adjacent to curb on all surrounding streets. Construct driveway approaches to City standards - 30' wide. 15. Applicant to provide street signs and striping as required by the City Engineer. 16. 17. 18. ~ ~ l"- 19. /~ 0 20. 0 2l. 22. 23. Applicant to redesign intersection of San Jacinto River Road and Casino Drive as required by the City Engineer. Obtain encroachment permit from Cal Trans for street improvements into freeway right-of-way. Install ornamental street lights per City Ordinance and standard speci- fications and at locations approved by the City Engineer. Applicant to assist in forming Lighting and Landscaping District. Meet Riverside County Fire Deparment requirements for fire protector and locations of fire hydrants. Provide letter from Elsinore Valley Municipal Water District regarding water service availability. Dedicate subsurface water rights to the City of Lake Elsinore by re- corded documents. Meet the requirements of the City of Lake Elsinore, County of Riverside Health Department and the Regional Water Quality Control Board for sewage disposal. Sign agreement with the City of Lake Elsinore and/or ,E.V.M.W.D. to participate in future Regional Sewage Collection, Treatment and Disposal System. 24. Provide hydrology and hydraulic study. Design and construct drainage ~acilities as required by the City Engineer conforming to City standards. Deposit with City $14,380.00 as an equitable contribution toward con- veying storm water run off to a safe point of disposal. This contribution is in addition to construction of needed drainage facilities included in approved development plans. 25. Pay equitable Traffic Signal Mitigation fee of $15,620.00 for Casino Drive and Railroad Canyon Road. 26. Plans and specifications and all Civil Engineering work for public improvements shall be provided~by developer for approval by the City Engineer. 27. Dedicate a small triangular portion of property at southeast corner of site to the City for public right-of-way. 28. Landscaping height of 36" maximum shall be maintained at the intersection of Casino Drive and San Jacinto River Road. 29. Abandonment of excess public right-of-way to applicant shall be handled during project approval and processing. The abandonment proceeding to be completed prior to issuance of occupancy permit. It is recommended that City Council approve excess right-of-way abandonment, conditioned upon applicant paying above mentioned signalization fee and $14,380.00 Drainage Mitigation fee. The City Clerk reported that no correspondence has been received by the City Clerk's Office regarding this project. 214 Page nine City Council Minutes October 11, 1983 PUBLIC HEARINGS - Continued. 33. Commercial Project 83-8 - Carl's Jr. - Construction of Commercial Structures - South of 1-15, West of Railroad Canyon Road, North of Casino Drive - Continued. Mayor Unsworth opened the public hearing at 8:38 p.m. asking those in favor of Commercial Project 83-8 to speak. Fred Crowe, Butterfield Surveys, representing the developer, displayed eleva- tion drawings of the project and stated that the developers were in agreement with the Planning Commission conditions, however, there may be a need for three tenants instead of two in the second commercial structure which has been proposed. Mr. Trevino stated that parking would be adequate for a third tenant. Mr. Palmer, the developer, stated that construction would begin in approximately two months. Carl's Jr. restaurant is hoping to open on January 24, 1984. ... Mayor Unsworth asked those in opposition to Commercial Project 83-8 to speak. No one asked to speak. Mayor Unsworth closed the public hearing at 8:43 p.m. MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE COMMERCIAL PROJECT 83-8 SUBJECT TO TWENTY-NINE (29) CONDITIONS PLUS CONDI- TION NO. 30: BIKE RACKS BE INSTALLED ON SITE. 34. Conditional Use Permit 83-9 - Ultralight Air Park - (Continued from September 27, 1983) Mayor Unsworth announced that this was a continued, advertised public hearing on Conditional Use Permit 83-9 and asked if anyone had come to speak for or against this project. No one asked to speak. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO CONTINUE THIS PUBLIC HEARING ON CONDITIONAL USE PERMIT 83-9 TO OCTOBER 25, 1983. ___ Council recessed at 8:46 p.m. Council reconvened at 8:59 p.m. BUSINESS ITEMS 51. Appeal of Residential Project No. 83-2 - William S. Buck. Mr. Trevino reported that on September 6, 1983+ Planning Commission heard this proposal for an apartment complex on 4.92- acres near the southwest intersection of Lincoln Street and Flannery. At that time Mr. Buck stated that he started purchasing properties in July of 1981. The City was, at that time, going through the process of their General Plan and he was informed that the property would remain R-3 zoning. When the General Plan was adopted in December, 1982, the property remained R-3, however, the General Plan designated this area as median density, allowing 6.1 to 12.0 dwelling units per acre. The current zoning ordinance allows approximately 20 to 29 units per acre, creating an inconsistency of large magnitude. Staff has been advised by the Office of Local Government Affairs in Sacramento that the General Plan does take precedence over the existing zoning ordinance. Staff is currently writing a new ordinance consistent with the General Plan. In the meantime, an interim zoning ordinance was adopted on September 27, 1983 which specifies that the General Plan takes precedence when zoning discrepancies occur. Therefore staff recommends denial of this appeal. Mr. Porter has informed the City Manager that this matter could go to litigation. --- Mr. William S. Buck, applicant, stated that he had been told throughout the process of this development that the old zoning ordinance would be in effect until the new ordinance, in compliance with the General Plan was adopted and that he could develop his property based on the old ordinance. The project consists of 104 units on five acres, including large open space areas and two swimming pools. He feels his project would be of benefit to the city, and intends to rent to low-income persons. He urged Council to reconsider his appeal. 215 Page ten City Council Minutes October 11, 1983 BUSINESS ITEMS - Continued 51. Appeal of Residential Project No. 83-2 - William S. Buck - Continued. Council discussion ensued regarding when plans for this project were sub- mitted and other projects which may have similar zoning or density problems. Mr. Porter stated that in his opinion, Mr. Buck's project clearly does not comply with the General Plan. Mr. Buck is unfortunately a victim of any City's change in their General Plan. Based upon the present state of the record, he can only recommend denial. The City has a legal liability to enforce the General Plan. However, if Council would like to study this project further, he could offer Council some direction and bring back a report at another meeting. Council concurred that this was a good project of benefit to the community and would like to see it continue. ~ ~ ~ J~ o o MOVED BY KNIGHT, SECONDED BY VALENZUELA THAT THIS APPEAL BE CONTINUED TO THE NEXT COUNCIL MEETING TO ALLOW TIME FOR FURTHER STUDY. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED TO AMEND THE ORIGINAL MOTION AND DIRECT CITY MANAGER AND CITY ATTORNEY TO REVIEW THE APPEAL AND REPORT BACK AT THE NEXT COUNCIL MEETING. AMENDED MOTION CARRIED UNANIMOUSLY. 52. Ordinance Implementing Zone Change 83-3 - Annexation No. 31 - Ramsgate II. Mr. Trevino reported that On November 18, 1982, LAFCO approved Annexation No. 27, Ramsgate I. On January 11,1982, the City Council approved a resolution formally annexing the 842 acres into the City. Butterfield Development Corporation, the Ramsgate proponents, have acquired 82 acres of land along Highway 74 which they desire to annex to Lake Elsinore and include in the Ramsgate Community Development. This proposed annexation is Annexation No. 31, Ramsgate II, and is an uninhabited annexation which requires no public hearing after approval by LAFCO and no election will be required. On September 8, 1983, the Local Agency Formation Commission (LAFCO) approved Annexation No. 31 - Ramsgate II - to the City of Lake Elsinore. The final steps remaining before Annexation No. 31 is complete and accepted as part of the City, is adoption of an ordinance implementing Zone Change 83-3 and adoption of resolution declaring the Annexation No. 31 - Ramsgate II Area - as part of the City. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO READ THE ORDINANCE BY TITLE ONLY. The City Clerk read the title of the Ordinance. - ORDINANCE NO. 684 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING A CERTAIN ZONING STANDARD FOR USE ONLY WITHIN THE AREA DESIGNATED AS THE RAMSGATE II ANNEXATION AREA. Eugene Carter, 109 Lowell Street, questioned whether or not this zone change had been advertised and public hearings held prior to this Ordinance. Mr. Carter asked that this ordinance be continued until there is clarification of the implementation. Mr. Carter was assured that all legal requirements have been met. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE FIRST READING OF ORDINANCE NO. 684. AYES: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE 1216 Page eleven City Council Minutes October 11, 1983 BUSINESS ITEMS - Continued 53. Resolution Establishing Angle Parking on Main Street. Mr. Trevino reported that this resolution is proposed for the purpose of: 1. Authorizing the re-striping of Main Street for angle parking, on the west side of Main Street from Sulphur Street to Franklin Street. 2. Approval of brick crosswalk project on Main Street from Limited Street to Franklin Street. Approximately $4,000 will be needed for a concrete base for the brick crosswalk. 3. Approval of placement of approximately 60 planter boxes with trees on the sidewalk at a cost of approximately $6,000 for the planter boxes. 4. Authorize utilization of City crews for installation of brick crosswalks. - Mr. Trevino stated this is in conjunction with the Downtown Revitalization project which the Downtown Business Association has been promoting. Staff recommends approval of the resolution and that City provide initial funding of $10,000 for this project. If approved, staff will prepare a plan whereby the City can be reimbursed for this amount of initial funding. Council discussion followed. Mr. Unsworth commented that Thelma George has requested a handicap parking zone be placed in front of Sandee's Restaurant, and requested staff research feasibility of incorporating this handicap zone in these plans. Lon Chaney and Pete Todd of the Downtown Business Association spoke in favor of the project. MOVED BY VALENZUELA, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO ACCEPT STAFF RECOMMENDATIONS AND APPROVE RESOLUTION NO. 83-66 ESTABLISHING ANGLE PARKING ON MAIN STREET. RESOLUTION NO. 83-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ANGLE PARKING ON THE WEST SIDE OF MAIN STREET TO FRANKLIN STREET. ...... 54. One-Way Traffic Proposal - Lakeshore Drive from Graham to Main Street. Mr. Rubel presented plans and drawings showing signing and striping for a one-way traffic plan on Lakeshore Drive. Total cost to the City would be $2500.00. Council discussion ensued. Mr. Knight voiced concerns regarding this proposal. He feels street width would not allow safe passing, street surface is in bad condition and there is a drainage problem. Mr. Rubel stated that the Street Improvement Project recently approved for Lakeshore Drive will solve these problems and will be completed before this plan is implemented. Mr.Knight's other concerns were that eastbound traffic would be kept com- pletely out of the downtown area. West bound trucks would cause damage to downtown streets. Side streets that dead-end onto Lakeshore Drive should be brought up to standard before Lakeshore becomes one-way. Residents along Lakeshore will be forced to use these side streets. Left turns at Lakeshore onto Main would be hazardous. Mr. Knight recommended we solve the problems involving camping, boat launching and all activities along Lakeshore Drive __ before the one-way traffic plan is approved. Remaining Councilmembers commented favorably on the proposal. MOVED BY VALENZUELA, SECONDED BY TORN AND CARRIED TO APPROVE THE ONE-WAY TRAFFIC PROPOSAL FOR LAKESHORE DRIVE. AYES: MAC MURRAY, TORN, VALENZUELA, UNSWORTH NOES: KNIGHT 211 Page twelve City Council Minutes October 11, 1983 BUSINESS ITEMS - Continued. 55. Request for Time Extension - Tentative Tract Map 15679 - Lakeview Development Mr. Trevino reported that Tentative Tract Map 15679 was originally approved at a regular City Council Meeting on October 13, 1983. Project consists of a 46 unit condominium development on Grand Avenue and Morrow Way between r-- Ortega Highway and Marie Drive. On October 3, 1983, the owner of the project requested an extension ot time. Upon inspection of subject project by the City Planner and City Engineer, staff was concerned regarding drainage which could compound existing off-site flooding conditions at Grand Avenue at Morrow Way and at Ortega Highway. Planning staff recommends approval of time extension for Tentative Tract Map 15679 for a period of one Xear, until October 11,1984, subject to the original 18 conditions of approval plus 18 additional conditions as follows: Applicant shall meet all requirements of the County Fire Department, including providing adequate fire flow and hydrants, and providing structures with non-flammable roofing. l. ~ X> f'- '-::l 2. 0 0 3. 4. 5. ;--- 10. - ll. l!--- i'l 12. 13. Applicant shall meet all requirements of the City Engineer. The applicant shall enclose the project with a six foot high block wall of a type selected by the City Council. The applicant shall submit a detailed landscape plan to the Planning Department prior to the scheduling of a review by the Design Review Board. Developer shall maintain maintenance bond as required under Tract 11048-1 (off-site improvements are existing). 6. Applicant shall dedicate water rights for the tract to the City of Lake El s i nore. 7. Applicant shall submit to the Planning Department a copy of the final condominium documents, including those portions of the CC & R's that apply to the conveyance of units, the assignment of parking, and management of common areas within the project before approval of the final map. 8. The CC & R's shall include a provision prohibiting outside uncovered and unenclosed storage of boats, trailers, R.V.'s, similar vehicles, unless screened from view from public right-of-ways and trucks more than one (1) ton rate of load capacity. 9. CC & R's shall contain the following language, "In the event the associa- tion or other legally responsible person(s) fail to maintain said common area in such manner as to causa same to constitute a public nuisance, said City may, upon proper notice and hearing, institute summary abate- ment procedures and impose a lien for the costs of such abatement upon said common area, individual units or whole thereof as provided by law." The homeowner's association shall be established prior to the sale of the last dwelling units. Membership in the homeowner's association shall be mandatory for each buyer and each successive buyer. Letter of water availability from EVMWD. All improvements to be designed by developer's civil engineer to the specifications of the City. 14. Provide adequate drainage facilities. 15. Finding of no significant impact. 16. Issuance of a Negative Decl aration. 17. Finding of compliance with present and future Elements of the General Plan yet to be adopted.